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THE 
 
 MILITARY LAWS 
 
 OF THE 
 
 UNITED STATES. 
 
 , eta , 
 
 Prepared, tinder the direction of the Honorable Daniel S. Lamont, Secretary of War, 
 by Lieutenant-Colonel George B. Davis, Deputy Judge-Advocate- 
 General, United States Army. 
 
 OP THE 
 
 UNIVERSITY 
 
 WASHINGTON: 
 
 GOVERNMENT PRINTING OFFICE, 
 18.97. 
 
WAR DEPARTMENT, 
 Document No. 64. 
 
TABLE OF CONTENTS. 
 
 Page. 
 CHAPTER I. The Executive 5-8 
 
 II. Provisions applicable to the several Executive Departments. . . 9-25 
 
 III. The Department of War 26-32 
 
 IV. Provisions Applicable to Several Classes of Officers 33-55 
 
 V. The Department of the Treasury; the Accounting Officers 56-96 
 
 VI. The Post-Office Department 97-100 
 
 VII. The Department of Justice; Habeas Corpus; the Court of 
 
 Claims " 101-125 
 
 VIII. The Department of the Navy ; the Marine Corps 126-128 
 
 IX. The Department of the Interior 129-133 
 
 X . The Revised Statutes ; the Statutes at Large ; the Army Regula- 
 tions ; the Army Register 134-149 
 
 XI. The Military Establishment; general provisions of organization. 150-153 
 XII. Rank and command; tactical and territorial organizations 154-158 
 
 XIII. The Staff Departments; general pro visions; disbursing officers. 159-180 
 
 XIV. The Adjutant-General's Department 181-182 
 
 XV. The Inspector-General's Department 183-185 
 
 XVI. The Judge- Advocate-General's Department 186-187 
 
 XVII. The Quartermaster's Department 188-204 
 
 XVIII. The Subsistence Department 205-213 
 
 XIX. The Pay Department 214-239 
 
 XX. The Medical Department 240-249 
 
 XXI. The Engineer Department 250-304 
 
 XXII. The Ordnance Department 305-321 
 
 XXIII. The Signal Department ....'. 322-326 
 
 XXIV. The Record and Pension Office 327-328 
 
 XXV. Post and Regimental Chaplains 329-330 
 
 XXVI. Commissioned officers 331-350 
 
 XXVII. Brevets; Medals of Honor; Certificates of Merit; Foreign Deco- 
 rations 351-354 
 
 XXVIII. Enlisted Men 355-377 
 
 XXIX. Troops of the Line '. 378-380 
 
 XXX. The Military Academy ; The Service Schools 381-400 
 
 XXXI. Contracts and Purchases 401-422 
 
 XXXII. The Public Lands; Military Reservations; Military Posts 423-442 
 
 XXXIII. The Public Property 443-449 
 
 XXXIV. The Militia; the Militia of the District of Columbia; the Terri- 
 
 torial Militia 450-478 
 
 XXXV. Military tribunals ; Courts-Martial; Courts of Inquiry 479-527 
 
 XXXVI. Citizenship and Naturalization 528-536 
 
 XXXVII. The Indians ; Indian agents ; the Indian country 537-568 
 
 XXXVIII. Employment of military force; (1) in resisting invasion ; (2) 
 in suppression of insurrection ; (3) in support of the civil 
 
 authority 569-600 
 
 3 
 
4 TABLE OP CONTENTS. 
 
 Pago, 
 
 CHAPTER XXXIX. Pensions 601-643 
 
 XL. The Soldiers' Home 644-650 
 
 XLI. The National Home for Disabled Volunteer Soldiers 651-662 
 
 XLII. The Government Hospital for the Insane 663-664 
 
 XLIII. National Military Parks; The Yellowstone Park ; Forest 
 
 Reservations 665-694 
 
 XLIV. National Cemeteries 695-699 
 
 XLV. Flag and Seal of the United States 700-701 
 
 APPENDIX. 
 
 I. The Articles of War 702-757 
 
 II. Treaties and conventions 758-799 
 
 The Geneva Convention 758-774 
 
 Convention with Mexico 775-778 
 
 Instructions for the Government of the Armies of the United States in 
 theField . 779-799 
 
CHAPTER I. 
 
 THE EXECUTIVE. 
 
 Par. 
 
 1. The Executive power. 
 
 2. Power of the President as 
 
 Commander in Chief. The 
 Cabinet. The pardoning 
 power. 
 
 Par. 
 
 3. Term of office. 
 
 4. Treaty making power. 
 
 pointing power. 
 
 Ap- 
 
 1. The executive power 1 shall be vested in a President The executive 
 
 power. Consti- 
 
 of the United States of America. He shall hold his office ^tion, Art. n, 
 during the term of four years. * * * Constitution, Art. 
 II , sec. 1. 
 
 2. The President shall be Commander in Chief of the p ^ e d r en f t *jj 
 Army and Navy of the United States and of the militia of g h .; mander - in - 
 the several States, when called into the actual service of Sec.2, t&id. 
 the United States, 2 he may require the opinion, in writing, 
 
 of the principal officer in each of the Executive Depart- The cabinet, 
 nients upon any subject relating to the duties of their 
 respective offices, and he shall have power to grant re- _ The pardoning 
 prieves and pardons for offenses against the United States, 
 
 power. 
 
 executed, but ne is not obliged to execute them nimselt. 4 Upm. Att. (Ten., 
 Williams v. U. S., 12 Pet., 524, 610. The President speaks-and acts through the h 
 of the several Departments in relation to subjects which appertain to their respec 
 duties. Wilcox v. Jackson, 13 Pet., 498, 513; Wolsey v. Chapman, 101 U. S., 
 
 ] The executive power. The executive power is vested in a President, and, as far 
 as his powers are derived from the Constitution, he is beyond the reach of any other 
 Department, except in the mode prescribed by the Constitution through the impeach- 
 ing power. Kendall v. U. S., 12 Pet., 524, 610 ; Morbury v. Madison, 1 Cranch, 137, 166. 
 
 Execution of the laws. The President is required to see that the laws are faithfully 
 executed, but he is not obliged to_execute them himself. 4 Opin. Att. Gen., 515; 
 
 the heads 
 spective 
 S., 755; 
 
 Runkle v. U. S., 122 U. S., 543, 557. As a general rule, the direction of the President 
 is presumed in all instructions and orders issuing from the competent Department. 
 7 Opin. Att. Gen., 453. In a matter which the law confides to the pure discretion of 
 the Executive, the decision of the President, or proper head of Department, on any 
 question of fact involved is conclusive, and is not subject to review by any other 
 authority in the United States. C Opin. Att. Gen., 226. Marbury v. Madison, 1 Cr., 
 137, 166. 
 
 ^Powers as Commander in Chief. As Commander in Chief he is authorized to 
 direct the movements of the land and naval forces placed by law at his command, 
 and to employ them in the manner he may deem most effectual to harass and con- 
 quer and subdue the enemy. He may invade the hostile country and subject it to 
 the sovereignty and authority of the United States. But his conquests do not 
 enlarge the boundaries of this Union, nor extend the operations of our institutions 
 and laws beyond the limits before assigned to them by the legislative power. Flem- 
 ing ?'. Page, 9 How., 603, 615. The power of command and control reserved by the 
 Crown was placed by the Constitution in the hands of the President. Street v. U. S., 
 24 C. Cls. R., 230; 25, ibid, 515, 113 U. S., 299. 
 
 Tower to establish rules and regulations. The power of the Executive to estab- 
 lish rules and regulations for the government of the Army is undoubted * * 
 The power to establish implies, necessarily, the power to modify or repeal, or to 
 create anew. U. S. v. Eliason, 16 Pet., 291, 301. The Army Regulations, when sanc- 
 tioned by the President, has the force of law because it is done by him by the 
 authority of law. U. S. v. Freeman, 3 How., 556, 567. 
 
 May form military governments in occupied territory. As an incident of the 
 exercise of belligerent rights, the President may form military and civil govern- 
 
6 THE MILITARY LAWS OF THE UNITED STATES. 
 
 except in cases of impeachment. 1 Constitution, Art. II, 
 sec. 2. 
 
 Term of office. 3. The term of four years for which a President and 
 ' Vice-President shall be elected shall in all cases commence 
 on the 4th day of March next succeeding the day on which 
 the votes of the electors have been given. 
 
 4 - He sha11 have power, by and with the advice and con- 
 sent of the Senate, to make treaties, provided two-thirds 
 power 1 * L - nting f ^e Senators present concur: and he shall nominate, 
 
 ments in the territory of the enemy occupied by the armies of the United States. 
 Cross v. Harrison, 16 How., 164, 190,193. The Grapeshot, 9 Wall., 129, 132. Ho may 
 also institute temporary governments within insurgent districts occupied by the 
 national forces. Texas v. White, 7 Wall., 700, 730. 
 
 May establish courts in occupied territory Limitation. The courts established 
 or sanctioned in Mexico, during the war, by the commanders of the United States 
 forces, were nothing more than the agents of the military power, to assist it in pre- 
 serving order in the conquered territory, and to protect the inhabitants in their 
 persons and property, while it was occupied by the American armies. They were 
 subject to the military power, and their decisions were under its control whenever 
 the commanding officer thought proper to interfere. Neither the President nor any 
 military officer can establish a court in a conquered country, and authorize it to 
 decide upon the rights of the United States, or of individuals in prize cases, nor to 
 administer the laws of nations Jecker v. Montgomery, 13 How., 498, 515. The 
 Grapeshot, 9 Wall., 129. 132. 
 
 For authority to employ secret agents in time of war, see Totten v. U. S., 92 U. S., 
 105, 107. For powers and duties of the Executive in connection with the Army, the 
 Militia, and the Army Regulations, etc., gee the chapters so entitled. 
 
 1 The pardoning power. A pardon is an act ot grace proceeding from the power 
 intrusted with the execution of the laws, which exempts the individual on whom it 
 is bestowed from the punishment the law inflicts for a crime he has committed. It 
 is the private though official act of the executive magistrate, delivered to the indi- 
 vidual for whoso benefit it is intended, and not communicated officially to the court. 
 U. S.v.Wilson, 7 Pet. 150, 161. Coke, 3d Inst. 233. The power which the Consti- 
 tution confers upon the President to grant pardons can not bo controlled or limited, 
 in any manner, by Congress. Ex parto Garland, 4 Wall., 333, 380; U. S. v. Klein, 
 13 Wall., 128, 147; 4 Opin. Att. Gen., 458. 
 
 Delivery and acceptance. The pardon is a private though official act. It ist offi- 
 cial in that it is the act of the Executive; it is private in that it is delivered to the 
 individual, and not to the court. It must be pleaded, or brought, officially to the 
 knowledge of the court, in order that the court may give it effect in any given case. 
 There is nothing peculiar in it to distinguish it from other acts. It is a deed to tin; 
 validity of which delivery is essential, and the delivery is not complete without 
 acceptance. It may be rejected by the person to whom it is tendered and, if rejected, 
 there is no power in the court to force it upon the individual. U. S. v. Wilson, 7 
 Pet., 150. 
 
 Effects. Subject to exceptions therein provided, a pardon by the President restores 
 to its recipient all rights of property lost by the offense pardoned, unless the prop- 
 erty has, by iudicial process, become vested in other persons. Osborn v. U. S., 91 
 U/S., 474; 5 Opiu. Att. Gen. (2d ed.), 532. 
 
 Power to mitigate and commute. The President may, by an exercise of the par- 
 doning Tiower, mitigate or commute a punishment imposed by any court of the United 
 States. Ex parte Wells, 18 How., 307 ; In re lloss, 140 U. S., 453. In mitigating the 
 sentence of a naval court-martial, the President may substitute a suspension for a 
 term of years without pay, for an absolute dismissal from the service; as suspension 
 is but an inferior degree of the same punishment. 1 Opin. Att. Gen., 433, 
 
 Conditional pardons. The language of the Constitution is such that the power of 
 the President to pardon conditionally is not one of inference, but is conferred in 
 terms, the language being "to grant reprieves and pardons" which includes abso- 
 lute as well as conditional pardons. Under this power the President can grant a 
 conditional pardon to a person under sentence of death, offering to commute that 
 punishment into an imprisonment for life. If this is accepted by the convict, he has 
 no right to contend that the pardon is absolute and the condition of it void. Ex 
 parto Wells, 18 How., 307, Osborn v. U. S., 91 U. S., 474; U. S. v. Wilson, 7 Pet,, 150. 
 When a pardon is granted with conditions annexed, the conditions must be performed 
 before the pardon is of any effect. Waring v. U. S., 7 C. Cls. Ii., 501. One who 
 claims the benefit of a pardon must bo held to strict compliance with its conditions. 
 Haym v. U. S., 7 C. Cls. K., 443; Scott v. U. S., 8 ibid., 457. The condition annexed 
 to a pardon must not be impossible, unusual, or illegal ; but it may, with the consent 
 of the prisoner, bo any punishment recognized by the statutes, or by the common 
 law as enforced by the State. Lee v. Murphy, 22 Grat. (Va.), 789. 
 
 Time of exercise. The President of the United States has the conditional power to 
 pardon as well before trial and conviction as afterwards ; but it is a power only to be 
 exercised with reserve and for exceptional considerations. 6 Opin. Att. Gen., 20; 1 
 ibid., 341; 2 ibid., 275; 5 ibid., 687; Ex parte Garland, 4 Wall., 333; Dominick v. 
 Davidson, 44 Ga., 457; 5 Blair v. Com., 25 Grat. (Va.), 850. It is competent for the 
 President to grant a pardon after the expiration of the term of sentence, thereby 
 relieving from consequential disabilities. Stetler's Case, 1 Phil., IX, 38; Com.?). 
 Bush, 2 Duv. (Ky.), 264. 
 
 Limitation upon the pardoning power. The Constitution gives to Congress the 
 power to dispose of the public property and to the President only the power to 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 and by and with the advice and consent of the Senate, 
 shall appoint ambassadors, other public ministers and 
 consuls, judges of the Supreme Court, and all other offi- 
 cers of the United States, whose appointments are not 
 herein otherwise provided for, and which shall be estab- 
 lished by law; but the Congress may by law vest the 
 appointment of such inferior officers, as they think proper, 
 in the President alone, in the courts of law, or in the heads 
 of Departments. 1 Constitution, Art. II, sec. 2, par. 2. The 
 
 pardon crimes ; and the President, having no title to forfeited property, can not 
 restore it, though ho may pardon the offense which caused the forfeiture. Property 
 confiscated by judgment to the United States is beyond the reach of executive 
 clemency and is absolutely national property. Knote v. "U. S., 10 C. Cls. R., 397. 
 406. IT. S. v. Six Lots of Ground, 1 Woods, 234. Osborn v. U. S., 91 U. S., 474, 477. 
 Pleading. A pardon is a deed, to the validity of which delivery is essential, and 
 delivery is not complete without acceptance. * * * The pardon may possibly 
 apply to a different person or to a different crime. It may be absolute or conditional. 
 It may be controverted by the prosecutor and must be expounded by the court. 
 These circumstances combine to show that this, like any other deed, ought to be 
 brought before the court by plea, motion, or otherwise. U. S. v. Wilson, 7 Pet., 150, 
 161; Ex parte Reno, 66 Mo., 266. The recital of a specific, distinct offense in a 
 pardon by the President, limits its operation to that offense, and such pardon does 
 not embrace any other offense for which separate penalties and punishments are 
 provided. Ex parte Weimer, 8 Biss., C. Ct., 321. The conviction having been of 
 two offenses, and the pardon reciting only one, the pardon operates upon the offense 
 recited. State v. Foley, 15 Nev., 64. 
 
 1 Public office. An office is a public station, or employment, conferred by the ap- 
 poiutmentof Government. The term embraces the ideas of tenure, emolument, and 
 duties. * * The duties are continuing ;and permanent, not occasional and transi- 
 tory, and arc 'defined by rules prescribed by Goveruinentand not by contract. * * * 
 A Government office is different from a Government contract. The latter, from its 
 nature, is necessarily limited in its duration and specific in its objects. The terms 
 agreed upon define the rights and obligations of both parties, and neither may depart 
 from them without the assent of the other. U . S. v. Hart well, 6 Wall.,3h5, 3v4 ; U. S. 
 v. Maurice, 2 Brockenbrough, 10'!. A public officer is the incumbent of an office 
 "who exercises con t in uously, and as a part of the regular and permanent administra- 
 tion of the Government, its public powers, trusts, and duties.' Sheboygan Co v. 
 Parker, 3 Wall , 93, 96. Unless a person in the service of the Government holds 
 his place by virtue of an appointment by the President, or of one of the courts of 
 justice or heads of Departments authorized by law to make such an appointment, 
 he is not, strictly speaking, an officer of the United .States. U. S. v. Mouat, 124 
 U. S., 303, 307; U. S. v. Germaine, 99 U. S.. 508,510. 
 
 Appointments to office. Appointments provided for by act of Congress, merely in 
 general terms, must be made by and with the advice and consent of the Senate. 
 6 Opiu. Att. Gen., 1. When a person has been nominated to an office by the Presi- 
 dent, confirmed by the Senate, and his commission has been signed by the President, 
 and the seal of the United States affixed thereto, his appointment to that office ia 
 complete. Congress may provide * * that certain acts shall be done by the 
 appointee before ho shall enter on the possession of the office under the appoint- 
 ment. These acts then become conditions precedent to the complete investiture of 
 the office; but they are to be performed by the appointee, not by the Executive; all 
 that the Executive can do to invest the person with his office has been completed 
 when the commission has been signed and sealed, and when the person has per- 
 formed the required condition, his title to enter on the possession of the office is also 
 complete. U. S. v. Le Baron, 19 How., 73, 78; U. S. v. Stewart, ibid., 79; Marbury 
 v. Madison, 1 Cranch, 137. 
 
 Powers of officers. All the officers of the Government, from the highest to the 
 lowest, are but agents with delegated powers, and if they act beyond the scope of 
 their delegated powers their acts do not bind the principal. IT. S. v. Maxwell Grant, 
 21 Fed. Rep. ,19. An officer can only bind the Government by acts which come 
 within a just exercise of his official power, Hiintert;. U. S., 5 Pet., 173, 178; TheFloyd 
 Acceptances, 7 Wall . , 666 ; State v. Hastings, 12 Wis., 596. It is a question of law for 
 the court whether an act is a part of the official duty of a public officer. U. S. v. 
 Buchanan, 8 How., 83. Every public officer is required to perform all duties which 
 are strictly official, although they may be required by laws passed after he comes into 
 office, and may be cumulative upon his original duties, and although his compensation 
 therefor be wholly inadequate. In such case he must look to the bounty of Con- 
 gress for any additional reward. Andrews v. U. S., 2 Story, 202. An officer is bound 
 to use that care and diligence in the discharge of his duties that a conscientious and 
 prudent man, acting under a just sense of his obligations, would exercise under the 
 circumstances of a particular case, and if he fails and neglects to do so he is culpa- 
 ble. U. S. v. Baldridge, 11 Fed. Rep., 552. 
 
 Presumptions as to official acts. The acts of an officer to whom a public duty is 
 assigned, within the sphere of that duty, are prima facie within his power. U. S. v. 
 Arredondo, 6 Pet., 691 ; U. S. v. Clarke, 8 ibid., 436, 452 ; Percheman v. U. S., 7 ibid., 51 ; 
 Delassus v. U. S., 9 ibid., 117, 134 ; Strother v. Lucas, 12 ibid., 410, 438; U. S. v. Peralta, 
 19 How., 343, 347. When a particular functionary is clothed with the duty of decid- 
 ing a certain question of fact, his decision in the absence of fraud, is conclusive. 
 Logan v. The County, 16 Wall., 6. He who alleges that an officer intrusted with 
 important duty Uaa violated his instructions, must show it. The courts ought to 
 
8 THE MILITARY LAWS OF THE UNITED STATES. 
 
 President shall have power to fill up all vacancies that 
 may happen during the recess of the Senate, by granting 
 commissions which shall expire at the end of their next 
 session. Ibid., par. 3. 
 
 require very full proof that an officer has transcended his powers before they so 
 determine. U. S. v. Peralta, 19 How., 343, 347; Delassus v. U. S., 9 Pet,, 117, 134. 
 When a public officer is to do any act on proof of certain facts, of the competency 
 and sufficiency of which he is to> judge, it is to be presumed, from the doing of the 
 act, that the proof was regularly and satisfactorily made, and its sufficiency is not 
 subject to reexamination. Phil, and Tren. R. R. Co. v. Stimpson, 14 Pet., 448. 
 
 Tenure. The power to appoint includes the power to remove, when the Constitu- 
 tion has not otherwise provided, and when the laws of Congress have not fixed a 
 tenure of office. Ex parte Hennen, 13 Pet., 230; U. S. v. A very, Deady, 204. 
 When Congress, by law, vests the appointment of inferior officers in the heads of 
 Departments, it may limit and restrict the power of removal as it deems best for 
 the public interests. U. S. v. Perkins, 116 U. S., 483. 
 
 Resignation That a public office may bo vacated by resignation is established by 
 long and familiar practice, and is recognized by express provision of law. Nor can 
 there be any doubt that a resignation may bo effected by the concurrence of the 
 officer and the appointing power; its essential elements are an intent to resign on 
 the one side and an acceptance on the other. It may bo either in writing or by parol, 
 expressly or by implication. To perfect a resignation nothing more is necessary 
 than that the proper authority manifest in some way its acceptance of the offer to 
 resign. It then becomes effectual, and operates to" relieve the incumbent either 
 immediately or on the day specially fixed according to its terms. An offer to resign 
 is revocable prior to acceptance; after acceptance and before it has taken effect it 
 may be modified, or withdrawn by consent of both parties, but this control extends 
 no further. When a resignation once takes effect the official relations of the incum- 
 bent are ipso facto dissolved; he has 110 longer any right to, or hold upon, the office. 
 U Opin. Att. Gen., 259. 
 
CHAPTER II. 
 
 PROVISIONS APPLICABLE TO THE SEVERAL 
 EXECUTIVE DEPARTMENTS. 
 
 Par. 
 
 5. Application of provisions of 
 
 this title. 
 
 6. Departmental regulations. 
 
 7. Vacancies, how temporarily 
 
 filled. 
 
 8. Secretary of War may author- 
 
 ize chief clerk to sign requi- 
 sitions, etc., in his absence. 
 
 9. Vacancies in subordinate of- 
 
 fices. 
 
 10. Discretionary authority of the 
 
 President. 
 
 11. Commanding General of the 
 
 Army, etc., may be desig- 
 nated by President to per- 
 form duties of Secretary of 
 War. 
 
 12. Temporary appointments lim- 
 
 ited to thirty days. 
 
 13. Restriction on temporary ap- 
 
 pointments. 
 
 14. Extra compensation disal- 
 
 lowed. 
 
 15. Chief clerks to supervise sub- 
 
 ordinate clerks. 
 
 16. Chief clerks to distribute du- 
 
 ties, etc. 
 
 17. Duty of chief on receipt of re- 
 
 port. 
 
 18. Disbursing clerks. 
 
 19. Hours of labor in Executive 
 
 Departments. Leaves of ab- 
 sence. Sick leaves. Exten- 
 sions. 
 
 Par. 
 
 20. Classification of Department 
 
 clerks. 
 
 21. Examinations. 
 
 22. Clerkships open to women. 
 
 23. Distribution of clerks. De- 
 
 tails. 
 
 24. Transfer of duties to clerks of 
 
 lower class. 
 
 25. Salaries of persons employed 
 
 in the Departments. 
 
 26. Temporary clerks. 
 
 27. Authority to employ clerks 
 
 and other employees. 
 
 28. Employees, clerks, etc., be- 
 
 yond provisions of law. 
 
 29. Extra compensation to clerks 
 
 prohibited. 
 
 30. Restriction on employing extra 
 
 clerks. 
 
 31. Employees to be paid from 
 
 specific appropriations only. 
 Civil officers not to be de- 
 tailed for duty in the District 
 of Columbia. Appointments 
 to be apportioned among the 
 States and Territories. 
 
 32. Oaths, when administered by 
 
 officers, etc. 
 
 33. No Department officer to 
 
 charge fees for oath of office 
 to employees. 
 
10 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Par. 
 
 34. Chief clerks of Executive De- 
 
 partments to administer oath 
 of office free. 
 
 35. Per diem employees to receive 
 
 pay for certain holidays. 
 
 36. Decoration Day. 
 
 37. Labor Day to be a public holi- 
 
 day. 
 
 38. Subpoanas to witnesses. 
 
 39. Witness fees. 
 
 40. Compelling testimony. 
 
 41. Professional assistance, how 
 
 obtained. 
 
 42. Evidence to be furnished by 
 
 the Departments in suits 
 pending in the Court of 
 Claims. 
 
 43. Employment of attorneys or 
 
 counsel. 
 
 44. Persons formerly in the De- 
 
 partments not to prosecute 
 claims in them. 
 
 45. Purchases from contingent 
 
 funds. 
 
 46. Expenditures for newspapers. 
 
 47. Annual report of expenditure 
 
 of contingent funds. 
 
 48. Annual estimates. Statement 
 
 of condition of business to 
 be submitted. 
 
 49. Report of clerks employed. 
 
 50. Time of making annual re- 
 
 ports. 
 
 Par. 
 
 51. Department reports, when to 
 
 be furnished to printer. 
 
 52. Inventories of property. 
 
 53. Biennial list of persons em- 
 
 ployed in each Department 
 to be filed in the Interior 
 Department. 
 
 54. Report to Congress in annual 
 
 estimates of buildings 
 rented. 
 
 55. Report of number of employ- 
 
 ees who are below a fair 
 standard of efficiency. 
 
 56. Requesting, etc., contributions 
 
 by officers of Government 
 for political purposes pro- 
 hibited. 
 
 57. Draping public buildings in 
 
 mourning prohibited. 
 
 58. Closing Departments for de- 
 
 ceased ex-officials prohib- 
 ited. 
 
 59. Official postage stamps for de- 
 
 partmental use. 
 
 60. Penalty envelopes for inclo- 
 
 sure of answers to official 
 communications. 
 
 61. No contracts to be made for 
 
 rent of any building iu 
 Washington without appro- 
 priation therefor, etc. 
 
 Application of 
 provisions of this 
 title. 
 
 5. The provisions of this title shall apply to the following 
 Executive Departments: 
 
 First. The Department of State, 
 sec. iss, R. s. Second. The Department of War. 
 
 Third. The Department of the Treasury. 
 
 Fourth. The Department of Justice. 
 
 Fifth. The Post-Office Department. 
 
 Sixth. The Department of the Navy. 
 
 Seventh. The Department of the Interior. 
 
 The word "Department" when used alone in this title, 
 and titles live, six, seven, eight, nine, ten, and eleven, 
 means one of the Executive Departments enumerated in 
 the preceding section. 1 
 
 Sec. 159, R. S. 
 
 Word "Depart 
 ment." 
 
 *The titles so numbered in the Revised Statutes are the ones above referred to. 
 
THE MILITARY LAWS OF THE UNITED STATES. 11 
 
 6. The head of each Department is authorized to pre- re ]D u 3 1 P a r tmental 
 scribe regulations, not inconsistent with law, for the gov- $3y 27, 1739, c . 
 ernment of his Department, the conduct of its officers and ivi7S9% 8 i^ v p i,' 
 clerks, the distribution and performance of its business, 1849, c! 7 A A U .S', p. 
 and the custody, use, and preservation of the records, pa-c^T.V'p: 
 pers, and property appertaining to it. 1 jj 1 i' 7 187 ^83- 
 
 Apr. 30, 1798, c. 35, v. 1, p. 553 ; June 22, 1870, c. 150, s. 8, v. 16, p. 163 ; Mar. 3, 1849, c. ]08, v. 9, P p. 395! 
 Sec. 101, B. 8. 
 
 'The President speaks and acts through the heads of the several Executive De- 
 partments in relation to subjects wh ich appertain to their respective duties. Wilcox 
 v. Jackson, 13 Pet., 498, 513; Wolsey v. Chapman, 101 U. S., 755. It is the general 
 theory of departmental administration that the heads of the Executive Departments 
 are the executors of the will of the President. 10 Opin. Att. Gen., 527. Asa gen- 
 eral rule the direction of the President is to be presumed in all instructions and 
 orders issuing from the competent Department. 7 id., 453. Official instructions 
 issued by the heads of the several Executive Departments, civil and military, within 
 their respective jurisdictions, are valid and lawful, without containing express ref- 
 erence to the direction of the President. 7 id., 453. The duties of tho heads of the 
 several Executive Departments are derived, in part, from the Constitution and are, 
 in part, imposed by statute. In the execution of the former, they act as the repre- 
 sentatives of the President, to Avhom they are responsible for their correct perform- 
 ance. For duties imposed by statute their responsibility is to the legislature, and 
 they are controlled in all matters relating to performance by such statutory rules 
 and regulations as Congress may see fit to impose. (See Marbury v. Madison, 1 Cr. 
 137, and par. 1, note 1.) 
 
 The executive power is vested in a President, and so far as his powers are derived 
 from the Constitution ho is beyond the reach of any other Department, except in 
 the mode prescribed by the Constitution through the impeaching power, but it by 
 no means follows that every officer in every branch of that Department is under the 
 exclusive direction of the President. * * * There are certain political duties 
 imposed upon many officers in the executive department the discharge of which is 
 under the direction of tho President, but it would be an alarming doctrine that 
 Congress can not impose upon any executive officer any duty they may think 
 proper, which is not repugnant to any rights secured and protected by the Con- 
 stitution, and, in such cases, the duty and responsibility grow out of and are sub- 
 ject to the control of the law and not to the direction of the President, and this is 
 emphatically the case where tho duty is of a ministerial character. Kendall v. 
 U. S., 12 Pet., 524, 610. 
 
 Ministerialand discretionary duties. --The duties performed by the heads of the sev- 
 eral Executive Departments are either ministerial or discretionary or quasi judicial 
 in character. " The question whether the legality of an act of the head of a 'Depart- 
 ment be examinable in a court of justice or not must always depend on tho nature 
 of the act. 13y the Constitution of the United States the President is invested with 
 certain important political powers in the exercise of which he is to use his own dis- 
 cretion, and is accountable only to his country in his political character and to his 
 own conscience. To aid him in the performance of these duties he is authorized to 
 appoint certain officers, who act by his authority and in conformity to his orders. 
 In such cases their acts are his acts, and whatever opinion may be entertained of 
 the manner in which Executive discretion may be used, still there exists and can 
 exist no power to control their discretion. The subjects are political. They respect 
 the nation, not individual rights, and being intrusted to the Executive the decision 
 of the Executive is conclusive. * * * The conclusion is that where the heads of 
 Department* are the political or confidential agents of the Executive, merely to 
 execute the will of tho President, nothing can be more perfectly clear than that 
 their acts are only politically examinable. Marbury v. Madison, 1 Cr., 137, 166- 
 Kendall v. U. S., 12 Pet., 524, 611; Decatur v. Paulding, 14 Pet., 497, 515. We are 
 not aware of any case in Kn gland or this country in which it has been held that 
 a public officer, acting to the best of his judgment and from a sense of duty, in a 
 matter of account with an individual, has been held liable for an error of judg- 
 ment. * * * A public officer is not liable to an action if he falls into error in a 
 case where the act to be done is not merely a ministerial one but is one in relation to 
 which it is his duty to exercise judgment and discretion, even though an individual 
 may suffer by his mistake. A contrary principle would indeed be pregnant with 
 the greatest "mischiefs. Kendall v. Stokes, 3 How., 87, 98; Goulds. Hammond, 1 
 Me All., 235, 243; Noble v. Union River Logging Co., 147 U. S., 165, 171. 
 
 A ministerial duty, the performance oi which may, in proper cases, be required of 
 the head of a Department by judicial process, is one in respect to which nothing is 
 left to discretion. It is a simple, definite duty, arising under conditions admitted or 
 proved to exist and imposed by law. Mississippi v. Johnson, 4 Wall., 475, 498; 
 Marbury v. Madison, 1 Cr., 137; Kendall v. Stockton, 12 Pet., 524. As a mandamus 
 can only be granted because there is no other adequate remedy at law, an action for 
 damages can not be afterwards sustained, for the same cause of action, the two being 
 inconsistent. Kendall v. Stokes, 3 How., 87, 102. 
 
 Liability for damages. The executive officers of the United States are personally 
 liable at law for damages, in. the ordinary forms of action, for illegal official, or rain- 
 
12 THE MILITARY LAWS OF THE UNITED STATES. 
 
 TEMPORARY VACANCIES, HOW FILLED. 
 Vacancies ; 7. In case of the death, resignation, absence, or sickness 
 
 how temporarily 
 
 filled. of the head of any Department, the first or sole assistant 
 
 227, U s y i, V. 15,'p! thereof shall, unless otherwise directed by the President, 
 
 s'ec. 177, R. s. as provided by section one hundred and seventy-nine [Rev. 
 
 Stat., par. 10, post], perform the duties of such head until 
 
 a successor is appointed, or such absence or sickness shall 
 
 cease. 
 
 wa?m r a et au r tL- 8> Wnen > from illness or other cause, the Secretary of 
 
 e chief clerk to War is temporarily absent from the War Department, he 
 
 i<in requisi- 
 
 ttoBs,ete. > inhi8inay authorize the chief clerk of the Department to sign 
 
 Mar. 4, 1874, v. requisitions upon the Treasury Department, and other 
 
 papers requiring the signature of said Secretary 5 the 
 
 same, when signed by the chief clerk during such tempo- 
 
 rary absence, to be of the same force and effect as if signed 
 
 by the Secretary of War himself. Act of March 4, 1874 
 
 (18 Stat. L., 19). 
 
 vacancies in 9. In case of the death, resignation, absence, or sickness 
 
 subordinate of- 
 
 fices. of the chief of any Bureau, or of any officer thereof, whose 
 
 227,8. 2, v. 15, p! appointment is not vested in the head of the Department, 
 
 sec. 178, B. s. the assistant or deputy of such chief or of such officer, or 
 
 if there be none, then the chief clerk of such Bureau, shall, 
 
 unless otherwise directed by the President, as provided by 
 
 section one hundred and seventy- nine, perform the duties 
 
 of such chief or of such officer until a successor is appointed 
 
 or such absence or sickness shall cease. 
 
 Discretionary 10. In any of the cases mentioned in the two preceding 1 
 
 authority of the . 
 
 President. sections, except the death, resignation, absence, or sick- 
 227, B. y 3, v. 15, p.' ness of the Attorney-General, the President may, in his 
 
 u s. 2?v. discretion, authorize and direct the head of any other De 
 
 1 870, c. 150, 
 
 16 sec!i 2 79, B. s. partment or any other officer in either Department whose 
 appointment is vested in the President, by and with the 
 advice and consent of the Senate, to perform the duties of 
 the vacant office until a successor is appointed, or the sick- 
 ness or absence of the incumbent shall cease. 
 
 isterial acts, or omissions, to the injury of an individual. Marbury v. Madison, 
 1 Cr., 137, 166; Gaines v. Thompson, 7 Wall., 347; Amy v. The Supervisors, 11 Wall., 
 136, 137, 166. Where a ministerial officer acts in good faith, he is not liable in exem- 
 plary damages for an injury done; but ho can claim no further exemption where his 
 acts are clearly against the law. Tracy v. Swartwout, 10 Pet., 80. 
 
 Measure of damages. Where the law requires absolutely a ministerial act to be 
 done by a public officer, and he neglects or refuses to do such act, he may be com- 
 pelled to respond in damages to the extent of the injury arising from his conduct. 
 A mistake as to his duty and honest intentions will not excuse the offender. Amy 
 v. The Supervisors, 11 walL 136. Where an action is brought for an injury done in 
 the discharge of an official duty, the damages are measured generally by the extent 
 of that injury. Bispham v. Taylor, 2 McLean, 408. Pierce v. Strickland, 2 Story, 292. 
 For general provisions respecting public officers, see Chapter IV and par. 4, ante. 
 
THE MILITARY LAWS OF THE UNITED STATES. 13 
 
 11. The President may authorize and direct the com- commanding 
 manding general of the Army or the chief of any military Army, etc., may 
 bureau of the War Department to perform the duties of PrawS u'o per- 
 the Secretary of War under the provisions of section onesoretiry of 
 hundred and seventy -nine of the Eevised Statutes, and lug. 5,1882, T. 
 section twelve hundred and twenty-two of the Eevised 22> p< m 
 Statutes shall not be held or taken to apply to the officer 
 
 so designated by reason of his temporarily performing such 
 duties. Act of August 5, 1882 (22 Stat. L., 238). 
 
 12. A vacancy occasioned by death or resignation must ofS^Kim" 
 not be temporarily filled under the three preceding sections j^ to thirty 
 for a longer period than thirty days. Act of February 6, July 23, ises, c. 
 1891 (26 Stat. L., 733). 168 ; ^eh. 6 - in> v. 26, P . 733. 22 se C 8 .' i'so"; B! & 
 
 13. No temporary appointment, designation, or assign- Restriction on 
 ment of one officer to perform the duties of another, in the pofntmeut8. y ap ~ 
 cases covered by sections one hundred, and seventy-seven 221^.2^1^ 
 and one hundred and seventy-eight [Rev. Stat.], shall be 16 s' ec . isi, B. s 
 made otherwise than as provided by those sections, except 
 
 to fill a vacancy happening during a recess of the Senate. 
 
 14. An officer performing the duties of another office, Extra compen- 
 
 during a vacancy, as authorized by sections one hundred iow\ 
 and seventy-seven, one hundred and seventy-eight [Eev. 227, U s. y 3fv. 18 i? f p.' 
 Stat.J, and one hundred and seventy-nine [ibid.], is not by 16 |e C . i82,B.s. 
 reason thereof entitled to any other compensation than that 
 attached to his proper office. 
 
 CHIEF CLERKS DISBURSING CLERKS. 
 
 15. Each chief clerk in the several Departments, and chief clerks to 
 Bureaus, and other offices connected with the Departments, tiKecierk8 b r " 
 shall supervise, under the direction of his immediate supe- zos^'^^p. 
 rior, the duties of the other clerks therein, and see that 52 - ec . 173j B ] Se 
 they are faithfully performed. 1 
 
 16. Each chief clerk shall take care, from time to time, chief clerks to 
 that the duties of the other clerks are distributed with^etl? 11 ' du ~ 
 equality and. uniformity, according to the nature of the 20^13!' vf&J'p.' 
 case. He shall revise such distribution from time to time, 52 | ec %74 R 8 
 for the purpose of correcting any tendency to undue accu- 
 mulation or reduction of duties, whether arising from 
 individual negligence or incapacity, or from increase or 
 diminution of particular kinds of business. And he shall 
 
 report monthly to his superior officer any existing defect 
 that he may be aware of in the arrangement or dispatch of 
 business. 
 
 !For authority to administer oaths of office see the act of August 29, 1890 (26 Stat. 
 L. 371), par. 34, post. 
 
14 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Duty of chief \^ t Each head of a Department, chief of a Bureau, or 
 
 OH receipt ot re- 
 
 P Au 26 1842 c otner su P er i r officer, shall, upon receiving each monthly 
 
 202, s. i3,'v. 5,'p. report of his chief clerk, rendered pursuant to the preced- 
 
 Sec. 175, R. s. ing section, examine the facts stated therein, and take 
 
 such measures, in the exercise of the powers conferred 
 
 upon him by law, as may be necessary and proper to amend 
 
 any existing defects in the arrangement or dispatch of 
 
 business disclosed by such report. 
 
 Disbursing is. The disbursing clerks authorized by law in the 
 
 kar. 3, 1853, c. several Departments shall be appointed by the heads of 
 
 206, 211;^ Mar. 3, the respective Departments, from clerks of the fourth 
 
 10? p?' 669^ Mar! class; and shall each give a bond to the United States for 
 
 v.rji?485 (492)'. the faithful discharge of the duties of his office according 
 
 sec, 176, B. s. ^ ^^ .^ &VLC fa amoun t as shall be directed by the Secretary 
 
 of the Treasury, and with sureties to the satisfaction of 
 the Solicitor of the. Treasury j and shall from time to time 
 renew, strengthen, and increase his official bond, as the 
 Secretary of the Treasury may direct. Each disbursing 
 clerk, except the disbursing clerk of the Treasury Depart- 
 ment, must, when directed so to do by the head of the 
 Department, superintend the building occupied by his 
 Department. Each disbursing clerk is entitled to receive, 
 in compensation for his services in disbursing, such sum in 
 addition to his salary as a clerk of the fourth class as shall 
 make his whole annual compensation two thousand dollars 
 a year. 
 
 HOURS OF LABOR IN THE EXECUTIVE DEPARTMENTS 
 LEAVES OF ABSENCE. 
 
 19< That on and after July first, eighteen hundred and 
 3 ninety- three, it shall be the duty of the heads of the several 
 1893, v. 27, p. 715'. Executive Departments, in the interest of the public serv- 
 ice, to require of all clerks and other employees, of what- 
 ever grade or class, in their respective departments, not 
 less than seven hours of labor each day, except Sundays 
 and days declared public holidays by law or Executive 
 Provisos. order: Provided, That the heads of the Department may, 
 Extending or by special order, stating the reason, further extend or limit 
 
 limiting hours. J \ 
 
 the hours of service of any clerk or employee in their 
 
 Departments, respectively; but in case of an extension it 
 
 8ii4 M ieave l vilii SQa ^ ^ e without additional compensation: And provided 
 
 pay- further. That the head of any Department may grant thirty 
 
 days' annual and thirty days 7 sick leave, with pay, in any 
 
 one year to each clerk or employee, the sick leave to be 
 
 allowed in cases of personal illness only, or where some 
 
 member of the immediate family is afflicted with a conta- 
 
THE MILITARY LAWS OF THE UNITED STATES. 15 
 
 gious disease and requires the care and attendance of such 
 
 employee, or where his or her presence in the Department 
 
 would jeopardize the health of fellow clerks: And be it 
 
 further provided, That in exceptional and meritorious cases Extension of 
 
 where to limit such sick leave would work peculiar hard- 
 
 ship, it may be extended, in the discretion of the head of 
 
 the Department, with pay, not exceeding sixty days in any Limit, with 
 
 one case or in any one calendar year. 
 
 This section shall not be construed to mean that so long Excessive ab- 
 as a clerk or employee is borne upon the rolls of the Depart- 8< 
 ment in excess of the time herein provided for or granted, 
 that he or she shall be entitled to pay during the period of J^VtYo n* 6 of 
 
 such excessive absence, but that the pay shall stop upon s ranted leay e- 
 the expiration of the granted leave. 1 Sec. 5, act of March 3, 
 1893 (27 Stat. L., 715). 
 
 CLASSIFICATION OF CLERKS. 
 
 20. The clerks in the Departments shall be arranged in, 
 
 of Department 
 
 lour classes, distinguished as the first, second, third, and clerks. 
 
 Mar. 3, 1853, c. 
 
 lOUrth Classes. 11,&. 3, v. 10, p. 209 ; Mar. 3, 1855, c. 175, 8.4.V.10, p. 669; 
 
 Au&. 15, 1876, c. 287, s. 3, v. 19, p. 169. Sec. 103, It. S. 
 
 21. No clerk shall be appointed in any Department in Examinations- 
 
 . -Mflr. 3, 1853, c 
 
 either ot the four classes above designated until he has 97 ' s - 3 - v. 10, P , 
 
 209; Mar. 3, 1855, 
 
 been examined and found qualified by a board of threes 175, 8 . 4, v.io, P . 
 examiners, to consist of the chief of the Bureau or office sec. 164, B. s. 
 into which such clerk is to be appointed and two other 
 clerks to be selected by the head of the Department. 2 
 
 22. Women may, in the discretion of the head of any clerkships 
 
 J open to women. 
 
 Department, be appointed to any of the clerkships therein July 12, i87o,c. 
 authorized by law, upon the same requisites and condi-23o,25o.' ^ 
 tions, and with the same compensations, as are prescribed 
 for men. 
 
 23. Each head of a Department may, from time to time, cl ^ 8 8 tributionof 
 alter the distribution among the various bureaus and offices 
 
 of his Department, of the clerks and other employees 
 
 allowed by law, except such clerks or emplovees as mav be sec. 3, May 28, 
 
 . , y , A , J J 1896, v. 29, p. 179. 
 
 required by law to be exclusively engaged upon some spe- sec, 166, B. s. 
 cific Avork, as he may find it necessary and proper to do, 
 but all details hereimder shall be made by written order 
 of the head of the Department, and in no case be for a 
 period of time exceeding one hundred and twenty days: 
 Provided, That details so made may, on expiration, be 
 
 1 This section operates to repeal section 162 of the Revised Statutes in respect to 
 the hours of business in the several Executive Departments. It replaces section 4 
 of the act of March 3, 1883 (sec. 4, act of March 3, 1883, 22 Stat L., 563), in respect 
 to the same subject. 
 
 J For rules regulating the procurement of services in the several Executive Depart- 
 ments seen in Chapter IV. the title The Civil Service, 
 
16 THE MILITARY LAWS OF THE UNITED STATES. 
 
 renewed from time to time by written order of the head of 
 the Department, in each particular case, for periods of not 
 exceeding one hundred and twenty days. All details here- 
 tofore made are hereby revoked, but may be renewed as 
 provided herein. Sec. 5, act of May 28, 1896 (29 Stat. L., 179). 
 tie^ r trcSrk f 8 d of 24f Tuat whenever, in the judgment of the head of any 
 lo sec 3 la Au 15 Department the duties assigned to a clerk of one class can 
 i76, v. 19, p. 169'. be as we ll performed by a clerk of a lower class or by a 
 female clerk, it shall be lawful for him to diminish the 
 number of clerks of the higher grade and increase the num- 
 ber of the clerks of the lower grade within the limit of 
 
 Preference of the total appropriation for such clerical service: Pro- 
 discharged sol- 
 diers and sailors, mdedj That in making any reduction of force in any of the 
 
 Executive Departments, the head of such Department 
 shall retain those persons who may be equally qualified 
 who have been honorably discharged from the military or 
 naval service of the United States, and the widows and 
 orphans of deceased soldiers and sailors. Sec. 5, act of 
 August 15, 1876 (19 Stat. L., 169). 
 
 . SALARIES. 
 
 n %& The annual salaries of clerks and employees in the 
 theDepartuients. Departments, whose compensation is not otherwise pre- 
 
 Mar. 3, 1853, c. scribed, shall be as follows : 
 Sob!a^Apr.% First. To clerks of the fourth class, eighteen hundred 
 
 1854,c.52, s. i,v! /Inllo-psj 
 10, p. 276; Aug. a()llarS - 
 
 is. 1856, Res.^ is, Second. To clerks of the third class, sixteen hundred 
 
 208, s. 6, v. 14, p. ; 
 
 207; July 12, Third. To clerks of the second class, fourteen hundred 
 
 1870, c. 251, s. 3, 
 
 v. 16, pp. 230, dollars. 
 
 250 
 
 s'ec. 167, R. s. Fourth. To clerks of the first class, twelve hundred dol- 
 lars. 
 
 Fifth. To the women employed in duties of a clerical 
 character, subordinate to those assigned to clerks of the 
 first class, including copyists and counters, or temporarily 
 'employed to perform the duties of a clerk, nine hundred 
 dollars. 
 
 Sixth. To messengers, eight hundred and forty dollars. 
 Seventh. To assistant messengers, seven hundred and 
 twenty dollars. 
 
 Eighth. To laborers, seven hundred and twenty dollars. 1 
 
 Ninth. To watchmen, seven hundred and twenty dollars. 1 
 
 cie?k e s mp rary 26. Except when a different compensation is expressly 
 
 c 52 p 8'] 2 v'i() 85 ^'P rescr ^ e( ^ by law, any clerk temporarily employed to 
 
 276.' ' ' . 
 
 1 The annual acts of appropriation since that of June 15, 1880 (sec. 3, act of June 
 15, 1880, 21 Stat. L., 237), have contained provisions fixing the salaries of laborers and 
 watchmen at $660 and of charwomen at $240. (Sec, 2, act of July 31, 1894, 2S3tat. L., 
 
THE MILITARY LAWS OF THE UNITED STATES. 17 
 
 perform the same or similar duties with those belonging to 
 clerks of either class is entitled to the same salary as is 
 allowed to clerks of that class. (See sec. 242, R. 8.) 
 
 27. Each head of a Department is authorized to employ Authority to 
 in his Department such number of clerks of the sever alaSot he r'euv 
 classes recognized by law, and such messengers, assistant p yee 
 messengers, copyists, watchmen, laborers, and other em- Mar. 3, ms, c. 
 ployees, and at such rates of compensation, respectively, lfi[ V65 8 ;' p c P 'i3o,' 
 as may be appropriated for by Congress from year to year. 399 2 ' 3 ' v ' 18 ' p> 
 (See sees. ,201, 214, 235, 328, 351, 393, 416, 440, 476, R. S.) Sec ' 169 ' B - S - 
 
 28. That the executive officers of the Government are Employing 
 
 clerks, etc., be- 
 hereby prohibited from employing any clerk, agent, engi- yomi provisions 
 
 neer, draughtsman, messenger watchman, laborer, or other y se a c W 5, Aug. is, 
 employee, in any of the Executive Departments in the 1876> Vi 19) p ' 169 ' 
 city of Washington, or elsewhere beyond provision made 
 by law. 1 Sec. 5, act of August 15, 1876 (19 Stat. L., 169). 
 
 29. No money shall be paid to any clerk employed in 8a -5* 
 either Department at an annual salary, as compensation prohibited. 
 for extra services, unless expressly authorized by law. ^In-Y 3 ]?, 
 
 1844, c. 105, s. 1, v. 5, pp. 681, 687; Feb. 28,1867, Res. 30, s. 2, v. 14, p, 569. s. 3, v. 10, pp. 209, 
 
 30. No extra clerk shall be employed in any Department, ^8tct?ons'<m 
 Bureau, or office, at the seat of Government, except dur- 3kf ing extra 
 ing the session of Congress, or when indispensably neces- 2 of s g il 6 'v 8 5 2 ' p' 
 sary in answering some call made by either House of Con-^ ^A^ne. *ifc 
 gress at one session to be answered at another; nor then, Vf gJ^ p iJ5^ B * s 
 except by order of the head of the Department in which, 
 
 or iii some Bureau or office of which, such extra clerk shall 
 be employed. And no extra clerk employed in either of 
 the Departments shall receive compensation except for 
 time actually and necessarily employed, nor any greater 
 compensation than three dollars a day for copying, or four 
 dollars a day for any other service. 1 
 
 31. That no civil officer, clerk, draughtsman, copyist, mes- Employees to 
 
 , ' be paid from spe- 
 
 seuger, assistant messenger, mechanic, watchman, laborer, cific appropri- 
 or other employee shall after the first day of October next a Sec. 4, lug. 5, 
 be employed in any of the Executive Departments, or sub- 
 ordinate bureaus or offices thereof at the seat of Govern- 
 ment, except only at such rates and in such numbers, 
 respectively, as may be specifically appropriated for by 
 Congress for such clerical and other personal services for 
 each fiscal year; and no civil officer, clerk, draughtsman, 
 copyist, messenger, assistant messenger, mechanic, watch- 
 man, laborer, or other employee shall hereafter be employed 
 at the seat of Government in any Executive Department 
 
 ' See par. 31, post. 
 
 1919 2 
 
18 THE MILITARY LAWS OF THE UNITED STATES. 
 
 or subordinate bureau or office thereof or be paid from any 
 appropriation made for contingent expenses, or for any 
 specific or general purpose, unless such employment is au- 
 thorized and payment therefor specifically provided in the 
 law granting the appropriation, and then only for services 
 actually rendered in connection with and for the purposes 
 of the appropriation from which payment is made, and at 
 the rate of compensation usual and proper for such services, 
 and after the first day of October next section one hundred 
 and seventy- two of the Kevised Statutes, and all other laws 
 
 R. s. 172 re- and parts of laws inconsistent with the provisions of this 
 act, and all laws and parts of laws authorizing the employ- 
 ment of officers, clerks, draughtsmen, copyists, messengers, 
 assistant messengers, mechanics, watchmen, laborers, or 
 other employees at a different rate of pay or in excess of 
 the numbers authorized by appropriations made by Con- 
 gress, be, and they are hereby, repealed j and thereafter all 
 
 civil officers, Details of civil officers, clerks, or other subordinate cm- 
 
 etc., elsewhere 
 
 employed, not to pi ovees f rom places outside of the District of Columbia for 
 
 be detailed for 1 J 
 
 duty> witllin tne District of Columbia, except temporary de 
 tails for duty connected with their respective offices, be, 
 and are hereby, prohibited; and thereafter all moneys ac 
 cruing from lapsed salaries, or from unused appropriations 
 Proviso. f or salaries, shall be covered into the Treasury: Provided, 
 That the sums herein specifically appropriated for clerical 
 or other force heretofore paid for out of general or specific 
 appropriations may be used by the several heads of De- 
 partments to pay such force until the said several lie&ds of 
 Departments shall have adjusted the said force hi accord- 
 ance with the provisions of this act; and such adjustment 
 shall be effected before October first, eighteen hundred and 
 r- eighty-two. And in making such adjustment the employees 
 P r vided for shall, as far as may be consistent with 
 the interests of the service, be apportioned among the sev- 
 eral States and Territories according to population: Pro- 
 vided further, That any person performing duty in any 
 capacity as officer, clerk, or otherwise in any Department 
 at the date of the passage of this act who has heretofore 
 been paid from any appropriation made for contingent ex 
 penses or for any contingent or general purpose, and whose 
 office or place is specifically provided for herein, under the 
 direction of the head of that Department may be continued 
 in such office, clerkship, or employment without a new ap- 
 pointment thereto, but shall be charged to the quotas of 
 the several States and Territories from which they are re- 
 spectively appointed and nothing herein shall be construed 
 
THE MILITARY LAWS OF THE UNITED STATES. 19 
 
 to repeal or modify section one hundred and sixty- six of 
 the Revised Statutes of the United States. 1 Sec. 4, act of 
 August 5, 1882 (22 Stat. L., 255). 
 
 ADMINISTRATION OF OATHS. 
 
 32. Any officer or clerk of any of the Departments oaths, when 
 lawfully detailed to investigate frauds or attempts to officers 8 e e tc! 
 defraud on the Government, or any irregularity or iriifc- BesfNcA, a. 2! 
 conduct of any officer or agent of the United States, i',im t 'S^.il', 
 shall have authority to administer an oath to any wit- p 'sei. iss, K. s. 
 ness attending to testify or depose in the course of such 
 investigation. 
 
 33. No officer, clerk, or employee of any Executive De- S^S^i 
 partment who is also a notary public or other officer au- jjg[ g f o e m ce f to 
 thori/ed to administer oaths shall charge or receive any e ^ oy ^ 8 i 890 v 
 fee or compensation for administering oaths of office to em- 20, p. 371.' 
 ployees of such Department required to be taken on ap- 
 pointment or promotion therein. Act of August 29, 1890 
 
 (26 Stat. L., 371). 
 
 34. The chief clerks of the several Executive Depart- Ex c e ^ u e t f iv c e erk ^ f 
 raents and of the various bureaus and offices thereof in 
 
 Washington, District of Columbia, are hereby authorized 
 and directed, on application and without compensation 26 -?- 371 - 
 therefor, to administer oaths of office to employees re- 
 quired to be taken on their appointment or promotion. Act 
 of August 29, 1890 (26 Stat. L., 371). 
 
 LEGAL HOLIDAYS. 
 
 35. That the employees of the Navy-Yard, Government 1 ^ er d e i s 6 ^ JJ 
 Printing Office. Bureau of Printing and Engraving, and Goverilment * 
 
 receive pay for 
 
 all other per diem employees of the Government on duty certain holidays. 
 at Washington, or elsewhere in the United States, shall 6, isss, v'. 23, p! 
 be allowed the following holidays, to wit: The first day of 
 January, the twenty-second day of February, the fourth 
 day of July, the twenty-fifth day of December, and such 
 days as may be designated by the President as days for 
 national thanksgiving, and shall receive the same pay as 
 on other days. Joint res. No. 5, January 9, 1885 (23 Stat. 
 L., 516). 
 
 36. That all per diem employees of the Government, on Per diem em- 
 duty at Washington or elsewhere in the United States, -pa^ffor Deea- 
 
 tion D ay and 
 Fourth of July. 
 
 'Under section 4 of the act of August 5, J882 (22 Stat. L., 255), no civil officer, 
 clerk, draftsman, copyist, messenger, assistant messenger, mechanic, watchman, 
 laborer, or other employee shall be employed at the seat of Government, in any Ex- 
 ecutive Department or subordinate bureau or office thereof, or be paid from any ap- 
 propriation made for contingent expenses, or for any specific or general purpose, 
 unless such employment is authorized and payment' therefor provided in the law 
 granting the appropriation. Ill Dig. Compt. Dec., sec. 82, par. p, 28. See, also, par. 
 23 and par. 28, ante. 
 
20 THE MILITARY LAWS OF THE UNITED STATES. 
 
 23 R i88?v 6 2l e p' slia11 ke a ^ owecl tne day of each year which is celebrated 
 
 644. as "Memorial" or u Decoration Day" and the fourth of 
 
 July of each year, as holiday, and shall receive the same 
 
 pay as on other days. Joint res. No. 6, February 23, 1887 
 
 (24 Stat. ., 644). 
 
 be L a b nbiic a Lif *^' ^ na ^ ^ ne nrs ^ Monday of September in each year, 
 ilfr /28 n 96 k e * n the d av celebrated and known as Labor's Holiday, is 
 hereby made a legal public holiday, to all intents and pur- 
 poses, in the same manner as Christmas, the first day of 
 January, the twenty-second day of February, the thirtieth 
 day of May, and the fourth day of July are now made by 
 law public holidays. Act of June 28, 1894 (28 Stat. L., 96). 
 
 PROSECUTION OF CLAIMS. 
 
 subpoenas to 33, Any head of a Department or Bureau in which a 
 
 witnesses. 
 
 Feb. 14, 1871, c. c iaim against the United States is properly pending may 
 4i2. 8 ' P apply to any judge or clerk of any court of the United 
 
 States, in any State, District, or Territory, to issue a 
 subpoena for a witness being within the jurisdiction of such 
 court, to appear at a time and place in the subpoena stated, 
 before any officer authorized to take depositions to be used 
 in the courts of the United States, there to give full and 
 true answers to such written interrogatories and cross- 
 interrogatories as may be submitted with tbe application, 
 or to be orally examined and cross-examined upon the sub- 
 ject of such claim. 
 
 witnesses' 39. Witnesses subpoenaed pursuant to the preceding 
 Feb. H, i87i, c. section shall be allowed the same compensation as is 
 412 8 ' P * allowed witnesses in the courts of the United States. 
 
 compeiiingtes* 40. If any witness, after being duly served with such 
 tx Feb y i4, i87i, c. subpoaua, neglects or refuses to appear, or, appearing, re- 
 4i2. 8 ' lf v ' 16> p< fuses to testify, the judge of the district in which the 
 Sec. 186, R. s. su bpa}na issued may proceed, upon proper process, to 
 enforce obedience to the subpoena, or to punish the diso- 
 bedience, in like manner as any court of the United States 
 may do in case of process of subpoena ad testificanduin 
 issued by such court. 
 
 a8ris"an e ce 8i bow ^" Whenever anv head of a Department or Bureau 
 
 b Feb e u i87i c nav i n m ade application pursuant to section one hundred 
 
 5i^s. 3, v. 16, ' P . and eighty-four, for a subpoena to procure the attendance 
 
 s'ec. 187, R. s. of a witness to be examined, is of opinion that the interests 
 
 of the United States require the attendance of counsel at 
 
 the examination, or require legal investigation of any 
 
 claim pending in his Department or Bureau, he shall give 
 
 notice thereof to the Attorney-General, and of all facts 
 
THE MILITARY LAWS OF THE UNITED STATES. 21 
 
 necessary to enable tbe Attorney- General to furnish proper 
 professional service in attending such examination, or mak- 
 ing such investigation, and it shall be the duty of the 
 Attorney-General to provide for such service. 
 
 42. In all suits brought against the United States in the Evidence to be 
 Court of Claims founded upon any contract, agreement. Departments m 
 
 ? suits pending in 
 
 or transaction with any Department, or any Bureau, officer, the Court of 
 or agent of a Department, or where the matter or thing on june'25, ises, c. 
 which the claim is based has been passed upon and decided 71 sc 6 .'i88^ 'I.' 
 by any Department, Bureau, or officer authorized to adjust 
 it, the Attorney-General shall transmit to such Depart- 
 ment, Bureau, or officer, a printed copy of the petition 
 filed by the claimant, with a request that the Department, 
 Bureau, or officer, shall furnish to the Attorney-General 
 all facts, circumstances, and evidence touching the claim 
 in the possession or knowledge of the Department, Bureau, 
 or officer. Such Department, Bureau, or officer shall, 
 without delay, and within a reasonable time, furnish the 
 Attorney-General with a full statement, in writing, of all 
 such facts, information, and proofs. The statement shall 
 contain a reference to or description of all such official 
 documents or papers, if any, as may furnish proof of facts 
 referred to in it, or may be necessary and proper for the 
 defense of the United States against the claim, mentioning 
 the Department, office, or place where the same is kept or 
 may be procured. If the claim has been passed upon and 
 decided by the Department, Bureau, or officer, the state- 
 ment shall succinctly state the reasons and principles upon 
 which such decision was based. In all cases where such 
 decision was founded upon any act of Congress, or upon 
 any section or clause of such act, the same shall be cited 
 specifically; and if any previous interpretation or con- 
 struction has been given to such act, section, or clause by 
 the Department, Bureau, or officer, the same shall be set 
 forth succinctly in the statement, and a copy of the opinion 
 filed, if any, shall be annexed to it. Where any decision 
 in the case has been based upon any regulation of a Depart- 
 ment, or where such regulation has, in the opinion of the 
 Department, Bureau, or officer transmitting such state- 
 ment, any bearing upon the claim in suit, the same shall 
 be distinctly quoted at length in the statement. But where 
 more than one case, or a class of cases, is pending, the 
 defense to which rests upon the same facts, circumstances, 
 and proofs, the Department, Bureau, or officer shall only 
 be required to certify and transmit one statement of the 
 same, and such statement shall be held to apply to all such 
 
22 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Employment of 
 attorneys or 
 counsel. 
 
 June 22, 1870, c. 
 150, s. 17, v. 16, p. 
 164. 
 
 Sec. 189, R. S. 
 
 Persons form- 
 erly in the De- 
 partments not to 
 prosecute claims 
 in them. 
 
 June 1, 1872, c. 
 256, s. 5, v. 17, p. 
 202. 
 
 Sec. 190, R. S. 
 
 Purchases 
 from contingent 
 funds. 
 
 Aug. 26, 1842, c. 
 202, s. 19, v. 5, p. 
 527. 
 
 Sec. 3683, R.S. 
 
 Expenditure 
 for newspapers. 
 
 Aug. 26, 1842,c. 
 202, s. 16, v. 5, p. 
 526. 
 
 Sec. 192, R. S. 
 
 Annual report 
 of expenditure 
 of contingent 
 funds. 
 
 Aug. 26, 1842,c. 
 202, 8. 20, v. 5, p. 
 527. 
 
 Sec. 193, R. S. 
 
 cases, as if made out, certified, and transmitted in each 
 case respectively. 1 
 
 43. No head of a Department shall employ attorneys or 
 counsel at the expense of the United States; but when in 
 need of counsel or advice, shall call upon the Department 
 of Justice, the officers of which shall attend to the same. 2 
 
 44. It shall not be lawful for any person appointed after 
 the first day of June, one thousand eight hundred and 
 seventy-two, as an officer, clerk, or employee in any of the 
 Departments, to act as counsel, attorney, or agent for 
 prosecuting any claim against the United States which was 
 pending in either of said Departments while he was such 
 officer, clerk, or employee, nor in any manner, nor by any 
 means, to aid in the prosecution of any such claim, within 
 two years next after he shall have ceased to be such officer, 
 clerk, or employee. 
 
 CONTINGENT FUNDS. 
 
 45. No part of the contingent fund appropriated to any 
 Department, Bureau, or office, shall be applied to the pur- 
 chase of any articles except such as the head of the De- 
 partment shall deem necessary and proper to carry on the 
 business of the Department, Bureau, or office, and shall, 
 by written order, direct to be procured. 3 
 
 46. The amount expended in any one year for newspa- 
 pers, for any Department, except the Department of State, 
 including all the Bureaus and offices connected therewith, 
 shall not exceed one hundred dollars. And all newspapers 
 purchased with the public money for the use of either of 
 the Departments must be preserved as files for such 
 Department. 
 
 47. The head of each Department shall make an annual 
 report to Congress, giving a detailed statement of the 
 manner in which the contingent fund for his Department, 
 and for the Bureaus and offices therein, has been expended, 
 giving the names of every person to whom any portion 
 thereof has been paid; and if for anything furnished, the 
 quantity and price; and if for any service rendered, the 
 nature of such service, and the time employed, and the par- 
 
 > See the title " The Court of Claims" in the chapter entitled THE DEPARTMENT OF 
 JUSTICE. 
 
 2 See Chapter VII and par. 41 ante. 
 
 3 Section 3683, Revised Statutes, requires that the written order therein mentioned 
 shall be given by the head of the Department before the articles to be paid for from 
 the contingent fund are procured, and a subsequent approval is not sufficient. 
 II Dig. Compt. Dec., 1. This section applies only to cases where an appropriation 
 is made in a lump sum for " contingent, incidental, or miscellaneous expenses," or 
 under similar words, and where Congress has specifically designated appropriations 
 for enumerated items as being for "contingent, incidental, or miscellaneous ex- 
 penses." Ibid, 42. When an item is properly payable from an appropriation for 
 contingent expenses, the discretion of the officer charged with the duty of expend- 
 ing said fund is not subject to review by the accounting officers upon any question 
 as to the necessity or advisability of Ms expenditures. Ibid, 80. 
 
THE MILITARY LAWS OF THE UNITED STATES. 23 
 
 ticular occasion or cause, iii brief, that rendered such serv- 
 ice necessary; and the amount of all former appropriations 
 in each case on hand, either in the Treasury or in the hands 
 of any disbursing officer or agent. And he shall require of 
 the disbursing officers, acting under his direction and au- 
 thority, the return of precise and analytical statements and - 
 receipts for all the moneys which may have been from time 
 to time during the next preceding year expended by them, 
 and shall communicate the results of such returns and the 
 sums total, annually, to Congress. 
 
 48. That it shall be the duty of the heads of the several Annual estt- 
 Executive Departments, and of other officers authorized men?' of condi- 
 or required to make estimates, to furnish to the Secretary t'o besubmitted 8 
 of the Treasury, on or before the first day of October of^SS^^im, ? f 
 each year, their annual estimates for the public service, 18 'sec! 7< 7, act of 
 to be included in the Book of Estimates prepared by law ^ a p - Jos. 1895 ' v * 
 under his direction ; and the Secretary of the Treasury 
 
 shall submit, as part of the appendix to the Book of Esti- 
 mates, such extracts from the annual reports of the several 
 heads of Departments and Bureaus as relate to estimates 
 for appropriations, and the necessities therefor. Sec. ?, act 
 of March 3, 1875 (18 Mat. ., 370). It shall be the duty of 
 the head of each Executive Department or other Govern- 
 ment establishment in the city of Washington to submit to 
 the first regular session of the Fifty fourth Congress, and 
 annually thereafter, in the Annual Book of Estimates, a 
 statement as to the condition of business in his Department 
 or other Government establishment, showing whether any 
 part of the same is in arrears, and, if so, in what divisions 
 of the respective bureaus and offices of his Department or 
 other Government establishment such arrears exist, the 
 extent thereof, and the reasons therefor, and also a state- 
 ment of the number and compensation of employees appro- 
 priated for in one bureau or office who have been detailed 
 to another bureau or office for a period exceeding one year. 1 
 Sec. 7, act of March 2, 1895 (28 8tat. L., 808). 
 
 49. The head of each Department shall make an annual Report of 
 
 clerks employed. 
 
 report to Congress of the names of the clerks and other ^Aug. 26,^42, c. 
 
 persons that have been employed in his Department and 525! 
 
 the offices thereof; stating the time that each clerk or other 
 
 person was actually employed, and the sums paid to each; 
 
 also, whether they have been usefully employed; whether 
 
 the services of any of them can be dispensed with without 
 
 'See, also, in connection with the preparation and submission of annual estimates, 
 paragraphs 166-174 post. 
 
24 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 ing nuai m re" 
 p see all acts re 
 
 lviipii 
 sec. 196, 
 
 E. s. 
 
 detriment to the public service, and whether the removal 
 of any individuals, and the appointment of others in their 
 stead, is required for the better dispatch of business. 
 
 50< Ex cept where a different time is expressly prescribed 
 ^ law,the various annual reports required to be submitted 
 ng reports, to Congress by the heads of Departments shall be made at 
 the commencement of each regular session, and shall em- 
 brace the transactions of the preceding year. 
 
 epar tr t e o 81. The head of each Department, except the Depart- 
 to men t o f Justice, shall furnish to the Congressional Printer 
 june25, 1864, c. copies of the documents usually accompanying his annual 
 5 ' isVv!' Jun 3 e report, on or before the first day of November in each year, 
 .' 8 'and a copy of his annual report on or before the third 
 
 jy[ on( j a y o f November in each year. 
 inventories of 52. The Secretary of State, the Secretary of the Treas- 
 pr jufyi y 5;i87o,c.ury, the Secretary of the Interior, the Secretary of War, 
 &*&$&** Secretary of the Navy, the Postmaster-General, the 
 c< s* 1 v 'i J7 P 'iMs' Attorney-General, and Commissioner of Agriculture shall 
 keep, in proper books, a complete inventory of all the 
 property belonging to the United States in the buildings, 
 rooms, offices, and grounds occupied by them, respectively, 
 and under their charge, adding thereto, from time to time, 
 an account of such property as may be procured subse- 
 quently to the taking of such inventory, as well as an 
 account of the sale or other disposition of any of such prop- 
 erty, except supplies of stationery and fuel in the public 
 offices and books, pamphlets, and papers in the Library of 
 Congress. 
 
 Biennial lists 53. The head of each Department shall, as soon as 
 practicable after the last day in June in each year in 
 a new Congress is to assemble, cause to be filed 
 Department of the Interior a full and complete list 
 ffi cers > agents, clerks, and employees employed in 
 1832, Res^No^ii', his Department, or in any of the offices or Bureaus con- 
 is, 1877, v.'2o, e p. nected therewith. He shall include in such list all the sta- 
 sec. 198, B. s. tistics peculiar to his Department required to enable the 
 Secretary of the Interior to prepare the Biennial Register. 
 Report to^con- 54. it shall be the duty of the heads of the several 
 estimates, of Executive Departments to submit to Congress each year, 
 etc! " e ' in the annual estimates of appropriations, a statement of 
 22^ ar 552. 1883 ' v 'the number of buildings rented by their respective De- 
 partments, the purposes for which rented, and the annual 
 rental of each. Act of March 3, 1883 (22 Stat. L., 552}. 
 
 55. it shall be the duty of the heads of the several 
 Executive Departments of the Government to report to 
 efficiency/ Congress each year in the annual estimates the number of 
 employees in each bureau and office and the salaries of each 
 who are below a fair standard of efficiency. Sec. 2, act of 
 July 11, 1890 (26 Stat. ., 268). 
 
 be fi 
 
THE MILITARY LAWS OF THE UNITED STATES. 25 
 
 MISCELLANEOUS PROVISIONS. 
 
 56. That all executive officers or employees of the United Requesting, 
 States not appointed by the President, with the advicetions 
 and consent of the Senate, are prohibited from requesting? 
 
 giving to, or receiving from, any other officer or employ ee 
 
 of the Government, any money or property or other thing 1876|Vtl9 ' p>169 
 
 of value for political purposes; and any such officer or 
 
 employee, who shall offend against the provisions of this 
 
 section shall be at once discharged from the service of 
 
 the United States; and he shall also be deemed guilty of 
 
 a misdemeanor, and on conviction thereof shall be fined 
 
 in a sum not exceeding five hundred dollars. Sec. 6, act 
 
 of August 15, 1876 (19 Stat. L., 169). 
 
 57. That hereafter no building owned, or used for public Draping pub- 
 purposes, by the Government of the United States, shall mourner" 
 be draped in mourning and no part of the public fund shall hl se^ d 3, Mar, 3, 
 be used for such purpose. Sec. 5, act of March 3, i893 im ^.ii,v.i\!>: 
 (27 Stat. L., 715). 
 
 58. That hereafter the Executive Departments of the closing De- 
 Government shall not be closed as a mark to the memory deceased 11 
 
 of any deceased ex-official of the United States. Sec. 4, 
 act of March 3, 1893 (27 Stat. L., 715). 1893, v. 27, P . 715. 
 
 59. That the Secretaries, respectively, of the Depart- Official postage 
 ments of State, of the Treasury, War, Navy, and of the In- paXentaTuse. 6 
 terror, and the Attorney-General, are authorized to makeisfsTv. 22,^563?' 
 requisitions upon the Postmaster-General for the necessary 
 amount of official postage stamps for the use of their De- 
 partments, not exceeding the amount stated in the estimates 
 submitted to Congress; and upon presentation of proper 
 vouchers therefor at the Treasury, the amount thereof shall 
 be credited to the appropriation for the service of the Post- 
 Office Department for the same fiscal year. 1 Sec. 2, act of 
 March 3, 1883 (22 Stat. L., 563). 
 
 60. And it shall be the duty of the respective Depart- Penalty 
 
 . A opes for mclos tire 
 
 ments to inclose to Senators, Representatives, and Dele- of answers to of- 
 
 *. * ** 1 1 /v i ... .. ficial communi- 
 
 gates in Congress, in all official communications requiring cations. 
 answers, or to be forwarded to others, penalty envelopes Sec>2 ' i6id - 
 addressed as far as practicable, for forwarding or answer- 
 ing such official correspondence. 1 Sec. 2, act of March 3, 
 1883 (22 Stat. L., 563). 
 
 61. Hereafter no contract shall be made for the rent of Nocontractsto 
 
 ... n . be made for rent 
 
 any building, or part of any building, in Washington, not of any building 
 now in use by the Government, to be used for the purposes without 8 kppn 
 of the Government until an appropriation therefor shall gJfS 
 have been made in terms by Congress. Act of June ^, 
 1874 (18 Stat. L., 144). 
 
 1 For pro vision a of statutes relating to the free transmission of official mail matter 
 see Chapter VI, THE POST-OFFICE DEPARTMENT. 
 
CHAJPTKR III. 
 
 THE DEPARTMENT OF WAR. 
 
 Par. 
 
 62. Establishment of the Depart- 
 
 ment of War. 
 
 63. Assistant Secretary of War to 
 
 "be appointed. 
 
 64. Subordinate officers. 
 
 65. Chief clerk. 
 
 66. Management of military af- 
 
 fairs. 
 
 67. Custody of departmental rec- 
 
 ords and property. 
 
 68. Collecting flags. 
 
 69. Purchase and transportation 
 
 of supplies. 
 
 70. Transportation of troops. 
 
 71. Construction of new lines of 
 
 telegraph. 
 
 72. Loss of certificate of dis- 
 
 charge. 
 
 Par. 
 
 73. Affidavits may be received in 
 
 settlement of account soi'com- 
 pauy commanders for cloth- 
 ing, etc. 
 
 74. Power to administer oaths. 
 
 75. Surplus charts may bo sold. 
 70. Surplus maps and publications 
 
 of Signal Office may be sold. 
 
 77. Report of unexpended balances. 
 
 78. Annual statement of expendi- 
 
 tures of appropriation for 
 contingent expenses. 
 
 79. Report of bids for works. 
 
 80. Report of examinations of river 
 
 and harbor improvements. 
 
 81. Returns of the militia. 
 
 82. Assignment of rooms in State, 
 
 War, and Navy building. 
 82 a . Disposition of useless papers. 
 
 20, p. 17. 
 Salary. 
 
 Duties. 
 
 Establishment gg There shall be at the seat of Government an Execu- 
 
 of the Depart- 
 
 me 'ec2iT a R s ^ ve Department to be known as the Department of War, 
 
 and a Secretary of War, who shall be the head thereof. 1 
 
 Assistant Sec- 63. There shall be in the Department of War an Assist- 
 
 retary of War to 
 
 be appointed, ant Secretary of War, who shall be appointed by the 
 ^' President, by and with the advice and consent of the 
 Senate, and shall be entitled to a salary of four thousand 
 five hundred dollars a year, payable monthly, and who 
 shall perform such duties in the Department of War as 
 shall be prescribed by the Secretary or may be required 
 by law. 2 Act March 5, 1890 (26 Stat. L., 17). 
 
 1 The Department of War and the office of Secretary of War were created by the 
 act of August 7, 1789 (1 Stat. L., 49). The Secretary of War succeeded to the office 
 and functions of the Secretary at War. whose powers and duties were denned in an 
 ordinance of Congress dated January 27, 1785 (1 Stat. L., 49, note b). The office of 
 Secretary of War included that of Secretary of the Navy until April 30, 1798, when the 
 Department of the Navy was established, and so much of the act of August 7, 1789, 
 as imposed duties upon" the Secretary of War in connection therewith was repealed 
 (1 Stat. L., 553). For statutory provisions respecting a temporary vacancy in the 
 office of Secretary of War see paragraphs 7 to 14, ante. 
 
 2 The act of August 5, 1882, authorizing the appointment of an Assistant Secretary 
 of War was repealed by the act of July 7, 1884 (23 Stat. L., 331), the power conferred 
 by the act of August 5, 1882, never having been exercised. In the case of Ryan v. 
 TJ. S., 136 TJ. S., 18, 80, it was held that the authority vested in the Secretary of War 
 could in his absence be exercised by the officer who under the law became for the 
 time acting Secretary of War. 
 
 26 
 
THE MILITARY LAWS OF THE UNITED STATES 27 
 
 64. There shall be in the Department of War: Subordinate of- 
 
 One chief clerk of the Department, at a salary of two 10 Mar - 3 - 1853 - v - 
 thousand live hundred dollars a year. 1 sec. 215, n.s. 
 
 One disbursing clerk. 
 
 [One superintendent of the War Department building, 
 at a salary of two hundred and fifty dollars a year.] 2 
 
 In the office of the Adjutant- General: 
 One chief clerk, at a salary of two thousand dollars a 
 year. 
 
 Iii the office of the Quartermaster-General: 
 One chief clerk, at a salary of two thousand dollars a 
 year. 
 
 [One superintendent of the building, at a salary of two 
 hundred dollars a year. (See sees. 169, 173, 174, 176, R. &)] 2 
 
 In the office of the Paymaster-General: 
 One chief clerk, at a salary of two thousand dollars a 
 year. 
 
 [One superintendent of the building occupied by the 
 Paymaster- General, at a salary of two hundred and fifty 
 dollars a year.] 2 
 
 In the office of the Commissary-General: 
 One chief clerk, at a salary of two thousand dollars a 
 year. 
 
 [One superintendent of building at corner of Seven- 
 teenth and F streets, at a salary of two hundred and fifty 
 dollars a year.] 2 
 
 In the office of the Surgeon-General : 
 One chief clerk, at a salary of two thousand dollars a 
 year. 
 
 In the office of the Chief of Engineers : 
 One chief clerk, at a salary of two thousand dollars a 
 year. 
 
 In the office of the Chief of Ordnance : 
 One chief clerk, at a salary of two thousand dollars a 
 year. 
 
 In the office of Military Justice : 
 
 One chief clerk, at a salary of two thousand dollars a 
 year. 
 65. There shall be in the said Department an inferior chief clerk. 
 
 Feb. 27, 1877, v. 
 
 officer, to be appointed by the said principal officer to be w, p. 241. 
 employed therein as he shall deem proper, and to be called 
 
 'The present composition of the clerical force of the War Department proper is as 
 follows: One chief clerk, $2,500; 1 disbursing clerk, $2,000; ij chiefs of division, at 
 $2,000each; 1 stenographer, $1,800; 5 clerks of class 4 ; clerk to Assistant Secretary, 
 $1,800 ; 5 clerks of class 3 ; 9 clerks of class 2 ; 12 clerks of class 1 ; 4 clerks, at $1.000 
 each; 4 messengers ; 7 assistant messengers; 8 laborers; 1 carpenter and foreman of 
 laborers, at $1,000 each; 2 carpenters, at $900 each; 1 hostler, $600; 2 hostlers and 
 1 watchman, at $540 each. Act of May 28, 1896 (29 Stat. L., 161). 
 
 1 The offices included in brackets have ceased to exist. 
 
28 THE MILITARY LAWS OF THE UNITED STATES. 
 
 the chief clerk in the Department of War, and who, when- 
 ever the said principal officer shall be removed from office 
 by the President of the United States, or in any other 
 case of vacancy, shall, during such vacancy, have the 
 charge and custody of all records, books, and papers 
 appertaining to the said Department. 1 Act of February 
 27, 1877 (19 8tat. L., 241). 
 
 ofmUiffr**af ^' ^^ e Secretary ^ War shall perform such duties as 
 fairs. shall from time to time be enjoined on or intrusted to him 
 
 Aug. 7, 1789, c. 
 
 7,s.i,v.i,p.^9. by the President relative to military commissions, the mili- 
 
 ' tary forces, the warlike stores of the United States, or to 
 
 other matters respecting military affairs 5 and he shall con- 
 
 duct the business of the Department in such manner as the 
 
 President shall direct. 2 (See sees. 3660-3665, 3669, R. 8.} 
 
 Secretary ^ War shall have the custody and 
 
 records and prop- charge of all the books, records, papers, furniture, fixtures, 
 Aiig, 7, 1789, c. and other property appertaining to the Department. 
 1 sec.' 21 7, 'R. s.' 68. The Secretary of War shall from time to time cause 
 flags? etc 6 lg to be collected and transmitted to him, at the seat of Gov- 
 c. 78^8. i,V. s, p'.ernment, all such flags, standards, and colors as are taken 
 13 |'ec. sis, E. s. by the Army from the enemies of the United States. 
 
 69. The Secretary of War shall from time to time define 
 ; es 3 * 1813) c . and prescribe the kinds as well as the amount of supplies 
 48^8. 5, v. 2, p. fo | 3e p lirc ij ase c[ by the Subsistence and Quartermaster 
 sec. 2i9,B.s. Departments of the Army, and the duties and powers 
 
 sup 
 Ear 
 
 1 See paragraphs 15-17 and 34 for the general powers and duties of chief clerks. 
 
 2 The Secretary of War is the regular constitutional organ of the President for the 
 administration of the military establishment of the nation ; and rules and orders 
 publicly promulgated through him must be received as the acts of the Executive and, 
 as such, be binding upon all within the sphere of his legal and constitutional 
 authority. Such regulations can not be questioned or defied because they may be 
 thought unwiseor mistaken. The right of so considering and treating the authority 
 of the Executive, vested as it is with the command of the military and naval forces, 
 could not be intrusted to officers of any grade inferior to the Commander in Chief; 
 its consequence, if tolerated, would be a complete disorganization of both the Army 
 and Navy. U. S. v. Eliason, 1C Pet., 291, 302; Wilcox v. Jackson, 13 Pet., 498, 513; 
 Wolsey v. Chapman, 101 U. S., 755; Runkle v. U. S., 122 U. S., 543, 557; U. S. v. Adams, 
 7 Wall., 463. The Secretary of War is not required to perform duties in the lield- 
 He does not compose any part of the Army, and has no service to perform that may 
 not be done at the seat* of Government. 1 Opin. Att. Gen., 457; U. S. v. Burns, 12 
 Wall, 246 ; see, also, note 2 to par. 5, and the title Bridges over the navigable waters 
 of the United States, in the chapter entitled THE CORPS OF ENGINEERS. 
 
 Duties imposed by statute. In addition to his duties as the constitutional organ of 
 the President for the administration of the military establishment, the Secretary of 
 War is, by other statutes, charged with the supervision of the administration of the 
 several bureaus or offices of the War Department, their estimates, contracts, expend- 
 itures, reports and returns being under his sole direction and control. He has also 
 been charged, from time to time, with the execution of laws relating to national 
 cemeteries, the Soldiers' Home, the National Home for Disabled Volunteer Soldiers, 
 the Military Prison, the detail of officers to colleges, the distribution of relief to suf- 
 ferers by fire, flood, or by the failure of crops, due to drought or other causes, the 
 construction and operation of canals, roads, and lines of telegraph, the location and 
 and construction of bridges over the navigable waters of the United States, of rail- 
 roads through the public lands, the protection of settlers and emigrants, the estab- 
 lishment of harbor lines, the adjustment of claims, the establishment and mainte- 
 nance of national military parks, and the location, marking, and preservation of lines 
 of battle on the battlefields of the civil war. Since the act of June 28, 1864, all 
 statutes authorizing the construction of works of river and harbor improvement 
 have contained the provision that the sums appropriated shall be expended under 
 his direction. The Military Academy, and the schools of application at Willetts 
 Point, Fortress Monroe, and at Forts Leavenworth aDdlliley are also carried on under 
 the immediate supervision of the Secretary of War. By the act of April 10, 1878, the 
 Secretary of War is authorized to prescribe rules and regulations to be observed in the 
 preparation, submission, and opening of bids for contracts under the War Depart- 
 ment. See also pars. 5 and 6, and notes thereunder for general provisions respecting 
 the powers and duties of the heads of the several Executive Departments. 
 
THE MILITARY LAWS OF THE UNITED STATES. 29 
 
 thereof respecting such purchases; and shall prescribe 
 general regulations for the transportation of the articles 
 of supply from the places of purchase to the several armies, 
 garrisons, posts, and recruiting places, for the safe-keeping 
 of such articles, and for the distribution of an adequate 
 and timely supply of the same to the regimental quarter- 
 masters, and to such other officers as may by virtue of such 
 regulations be intrusted with the same; and shall fix and 
 make reasonable allowances for the store rent and storage 
 necessary for the safe-keeping of all military stores and 
 supplies. 
 
 70. The transportation of troops, munitions of war, of ^J 8 j^j:5 tipn 
 equipments, military property, and stores, throughout the 15 J ^- 4 3 ^2, c - 
 United States, shall be under the immediate control and 334. ' 
 supervision of the Secretary of War and such agents as he 
 
 may appoint. 
 
 71. That the construction of new lines of telegraph shall Construction 
 
 of new lines of 
 
 be under the supervision and direction of the several mili- telegraph, etc. 
 
 June 20, 1878, v. 
 
 tary commanders, subject to the approval of the Secretary 20, P . 219. 
 of War. 1 Act of June 20. 1878 (20 Stat. L., 219). 
 
 72. Whenever satisfactory proof is furnished to the War Ca j e 8 f 8 ^ c f 1 ^ fi 
 Department that any non-commissioned officer or private 24 J I g r ' 1 V 8 i7'p' 
 soldier who served in the Army of the United States in the 58 | ec> g g4 E ^ 
 late war against the rebellion has lost his certificate of dis- 
 
 charge, or the same has been destroyed without his privity 
 or procurement, the Secretary of War shall be authorized 
 to furnish, on request, to such 11011- commissioned officer or 
 private a duplicate of such certificate of discharge, to be 
 indelibly marked, so that it may be known as a duplicate; 
 but such certificate shall not be accepted as a voucher for 
 the payment of any claim against the United States for 
 pay, bounty, or other allowance, or as evidence in any other 
 case. 
 
 73. In settling the accounts of the commanding officer 
 a company for clothing and other military supplies, 
 
 affidavit of any such officer may be received to show the py command- 
 
 ers for clothing, 
 
 loss of vouchers or company books, or any matter of cir- etc. 
 cumstance tending to prove that any apparent deficiency v. 10, p. 241. 
 was occasioned by unavoidable accident or lost in actual 
 
 3 The act of October 1, 1890, provides that "the civilian duties now performed by 
 the Signal Corps of the Army shall hereafter devolve upon a bureau, which, on or 
 after July first, eighteen hundred and ninety-one, shall be established in the De- 
 partment of Agriculture, and the Signal Corps of the Army shall remain a part of 
 the military establishment, under the direction of the Secretary of War, and all esti- 
 mates for its support shall be included with other estimates for the support of the 
 military establishment." Vol. 26, Stat. L., ch. 1266, p. 653. This statute operates to 
 repeal so much of sections 221, 222, and 223 of the Revised Statutes as imposed duties 
 upon the Secretary of War and the Chief Signal Officer in connection with the obser- 
 vation and report of storms, leaving under their direction such duties, in connection 
 with the construction and repair of military telegraph lines as were imposed by the 
 acts of March 3, 1875, 18 Stat, L., p. 388; and June 20, 1878, 20 Stat, L., p. 219." See 
 chapter entitled THE SIGNAL DEPARTMENT, post. 
 
30 THE MILITARY LAWS OF THE UNITED STATES. 
 
 service, without any fault on his part, or that the whole or 
 any part of such clothing and supplies had been properly 
 and legally used and appropriated; and such affidavit may 
 be considered as evidence to establish the facts set forth, 
 with or without other evidence, as may seem to the Secre- 
 tary of War just and proper under the circumstances of 
 the case. 
 Power to ad- 74. The Secretary of War is authorized to detail one or 
 
 minister oaths. 
 
 Mar. 3, 1865, c. more of the employees of the War Department for the pur- 
 
 491?' 2 P pose of administering the oaths required by law in the set- 
 
 S ' tleinent of officers' accounts for clothing, camp and garrison 
 
 equipage, quartermaster's stores, and ordnance, which 
 
 oaths shall be administered without expense to the parties 
 
 taking them. 
 
 surplus charts 75. Any surplus charts of the northwestern lakes may be 
 
 may ho sold. 
 
 Mar. 3, 1869, c. so id to navigators upon such terms as the Secretary of 
 
 122,e.l,v.l5,pp. 
 
 301, 303. War may prescribe. 
 
 sur'pinsmaps 76. The Chief Signal-Officer may cause to be sold any 
 
 o? d ^ignai ca office surplus maps or publications of the Signal-Office, the money 
 
 m JLr?3,i873,c. received therefor to be applied toward defraying the ex- 
 
 (527) V ' 17 ' p ' 51 penses of the signal-service; and an account of the same 
 
 sec. 227, R.S. s h a n be rendered in each annual report of the Chief of the 
 
 Signal- Service. 1 
 
 REPORTS. 
 
 Eeport of un- 77. The Secretary of War shall make an annual report to 
 
 expended bal- 
 
 ances. Congress containing a statement ot the appropriations of 
 
 52,8. a 2,v.3.p.567' ; the preceding fiscal year for the Department of War, show- 
 
 ings. 2,' v. is', p! ing the amount appropriated under each specific head of 
 
 33 sec. 228, R. g appropriation, the amount expended under each head, and 
 
 the balance which, on the thirtieth day of June preceding 
 
 such report, remained unexpended. Such reports shall be 
 
 accompanied by estimates of the probable demands which 
 
 may remain on each appropriation. 2 
 
 state- 78. The Secretary of War shall lay before Congress, at 
 
 ment of expendi- 
 
 ture of appropri- the commencement of each regular session, a statement of 
 
 ation for contin- 
 
 gent expenses. the expenditure of the moneys appropriated tor 
 
 28, sfs, V. 2,' p.' the contingent expenses of the military establishment. 3 
 
 53 sec. 229, ii. s. Act of March 2, 1895 (28 Stat. L., 787). 
 
 Eeport of bids 79. Whenever the Secretary of War invites proposals for 
 
 June23,'i866, c . any works, or for any materials or labor for any work, he 
 
 73.' ' - 
 
 Sec. 230, R. S. ' See note 1 to par. 71. 
 
 2 See title Annual Reports in chapter entitled PROVISIONS APPLICABLE TO THE SEV- 
 ERAL EXECUTIVE DEPARTMENTS. 
 
 3 The act of March 2, 1895, repeals so much of this paragraph as requires the Sec- 
 retary of War to lay before Congress, at the commencement of each regular session, 
 a statement of all contracts for supplies and services which have been made by him 
 or under his supervision during the year preceding. 28 Stat. L., 787. 
 
THE MILITARY LAWS OF THE UNITED STATES. 31 
 
 shall report to Congress, at its next session, all bids there- 
 for, with the names of the bidders. 
 
 80. The Secretary of War shall cause to be prepared and wJBKtioBaS 
 submitted to Congress, in connection with the reports rffJjJJiJjSiSS?" 
 examinations and surveys of rivers and harbors hereafter R ^ 8 ul ^ 2 7 7 6 ' ^ 8 JJ- 
 made by order of Congress, full statements of all existing i>- ^- 
 
 Ncc, LJI , 1C* N. 
 
 facts tending to show to what extent the general commerce 
 of the country will be promoted by the several works of 
 improvements contemplated by such examinations and sur- 
 veys, to the end that public moneys shall not be applied 
 excepting where such improvements shall tend to subserve 
 the general commercial and navigation interests of the 
 United States. 
 
 81. The Secretary of War shall lay before Congress, on mi ^^ rn8 of the 
 or before the first Monday in February of each year, an sec. 232, R. s. 
 abstract of the returns of the adjutants-general of the sev- 
 eral States of the militia thereof. 1 
 
 THE WAR DEPARTMENT BUILDING. 
 
 82. The fourth story and attic of the south wing of the 
 State, War, and Navy building, except such portion as i 
 
 now within the Library of the State Department, are as- s ec : e, Aug. 5, 
 
 1882 ; v. 22, p. 256. 
 
 signed to the War Department for such uses of the Depart- 
 ment as in the judgment of the Secretary of War they may 
 be best fitted, and the sum of one thousand dollars, or so 
 much thereof as may be necessary, is hereby appropriated, 
 out of any money not otherwise appropriated, to be ex- 
 pended under the direction of the Secretary of State to 
 enable the Department to remove from said fourth story 
 and attic the records, documents, and papers, now stored 
 there, and to re-arrange them in other rooms in said De- 
 partment. That the partition wall separating the corridors 
 of the first, second, third, and fourth stories of the East 
 wing from the said stories of the South wing of the State, 
 War, and Navy building shall be removed so as to afford 
 easy access from one wing to the other on the afore- 
 mentioned floors of said building: Provided, That a joint 
 select committee of three members of the House of Repre- 
 sentatives and three Senators, to be appointed respectively 
 by the Speaker of the House and the President of the 
 Senate, upon the passage of this act, shall, on or before 
 the completion of the North wing of the State, War, and 
 
 J Sce chapter entitled THE MILITIA. For statute requiring a report of the names, 
 compensation, etc., of civil engineers employed on works of river and harbor im- 
 provement, to be rendered to Congress, annually, by the Secretary of War, see the 
 chapter entitled THE ENGINEER DEPARTMENT. 
 
32 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Navy building, make examination of said building and set 
 apart such portions thereof for the use and occupancy of 
 the State, War, and Navy Departments respectively as in 
 their judgment the best interests of the public service and 
 the needs of said departments respectively may require 
 and upon filing an agreed statement of such partition by 
 said joint select committee in triplicate with the respec- 
 tive Secretaries of such departments the building shall be 
 occupied as therein provided as soon thereafter as prac- 
 ticable. 1 Sec. 6, act of August 5, 1882 (22 Stat. L., 256). 
 Tlie President is hereby authorized and directed to 
 8 ^ 11 ^ 6 ^ rom ^ ne Engineer Corps of the Army or the 
 ^commission to -^ avv ? aii on ^ cer we ll qualified for the purpose, who shall 
 have Bupervi-be detailed to act as superintendent of the completed por- 
 March 3, 1883, tions of the State, War, and Navy Department building, 
 under direction of the Secretaries of State, War, and 
 Navy, who are hereby constituted a commission for the 
 purposes of the care and supervision of said building, as 
 hereinafter specified. Said officer shall have charge of 
 said building, and all the engines, machinery, steam and 
 water supply, heating, lighting, and ventilating apparatus, 
 elevators, and all other fixtures in said building, and all 
 necessary repairs and alterations thereof, as well as the 
 direction and control of such force of engineers, watchmen, 
 laborers, and others engaged about the building or the 
 apparatus under his supervision; of the cleaning of the 
 corridors and water closets ; of the approaches, side-walks, 
 lawns, court-yards, and areas of the building, and of all 
 rooms in the sub-basement which contain the boilers and 
 other machinery, or so much of said rooms as may be indis- 
 pensable to the proper performance of his duties as herein 
 provided. Act of March 5, 1883 (22 Stat. L., 553). 
 
 DISPOSITION OF USELESS PAPERS. 
 
 For statutes regulating the disposition of useless papers, etc., in the several Execu- 
 tive Departments, see the acts of February 16, 1889 (25 Stat. L., 672), and March 2, 1895 
 (2? Stat. L., 933). 
 
CHAPTER IV. 
 
 PROVISIONS APPLICABLE TO SEVERAL CLASSES 
 OF OFFICERS. 
 
 Par. 
 
 83. 
 
 84. 
 85. 
 
 86. 
 87. 
 
 89. 
 90. 
 
 91. 
 92. 
 
 93. 
 
 94, 
 
 President to regulate admis- 
 sions to the civil service. 
 
 Preference of persons disabled 
 in military or naval service. 
 
 Recommendation for employ- 
 ment of such persons. 
 
 Preference iu reductions. 
 
 Appointment of Commission- 
 ers, removals, salaries, and 
 traveling expenses. 
 
 Duties of Commissioners : 
 Competitive examinations, 
 vacancies, how filled, appor- 
 tionment, applications for 
 examination, probation, po- 
 litical contributions, coer- 
 cion, noncompetitive exami- 
 nations, notice of changes, 
 exceptions to rules, regula- 
 tions for examinations, in- 
 vestigations, etc. 
 
 Chief examiner, secretary, 
 boards of examiners. 
 
 Accommodations for Commis- 
 sion. 
 
 Frauds. 
 
 Customs classification; post- 
 office classification. 
 
 Examination required for ap- 
 pointment and promotion ; 
 preference claimants; exclu- 
 sions. 
 
 Persons using intoxicating 
 beverages ineligible to ap- 
 pointment. 
 
 Members of a family. 
 
 Recommendation by Mem- 
 bers of Congress. 
 
 Political assessments. 
 
 1919 3 
 
 Par. 
 
 98. Soliciting contributions for 
 
 political purposes forbid- 
 den. 
 
 99. Change of rank or compensa- 
 
 tion. 
 
 10). Political contributions for- 
 bidden. 
 
 101. Penalty for violation of pre- 
 
 ceding sections. 
 
 102. Applications for examination 
 
 to be accompanied by cer- 
 tificate of residence. 
 
 103. Preceding section not to ap- 
 
 ply to persons already in 
 service. 
 
 104. Official oaths. 
 
 105. Not to affect existing rights, 
 
 etc. 
 
 106. Oath for certain persons. 
 
 107. Who to administer oath. 
 
 108. Custody of oath. 
 
 109. Unauthorized office, no salary 
 
 for. 
 
 110. No salaries to certain ap- 
 
 pointees to fill vacancies 
 during recess of the Senate. 
 
 111. Salaries to officers improperly 
 
 holding over. 
 
 112. Holding offices by persons 
 
 receiving $2,500 forbidden; 
 retired officers excepted. 
 
 113. Extra services, no compensa- 
 
 tion for, except expressly 
 authorized by law. 
 
 114. Extra allowances. 
 
 115. Pay of officer in arrears to be 
 
 withheld. 
 
 116. Commissions. 
 
 117. Notifications of appointments 
 
 to Secretary of Treasury. 
 
 33 
 
34 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Par. 
 
 118. Notifications of nominations, 
 
 rejections, etc., to Secretary 
 of Treasury. 
 
 119. Removal of office. 
 
 120. Preservation of copies of 
 
 Statutes at Large. 
 
 121. Taking oaths, acknowledg- 
 
 ments, etc. 
 
 122. Restriction upon payments 
 
 for newspapers. 
 
 123. Failure to make returns or 
 
 reports. 
 
 124. Prohibition upon taking con- 
 
 sideration for procuring 
 contracts, offices, etc. 
 
 Par. 
 
 125. Prohibition upon taking com- 
 
 pensation for services in 
 matters to which the United 
 States is a party. 
 
 126. Persons interested not to act 
 
 as agents for the Govern- 
 ment. 
 
 127. Prohibition of contributions, 
 
 presents, etc., to superiors. 
 
 128. Giving, requesting, etc., con- 
 
 tributions by officers of Gov- 
 ernment for political pur- 
 poses. 
 
 THE CIVIL SERVICE. 
 
 President to 83. The President is authorized to prescribe such regu- 
 
 sTonsto^ife emulations for the admission of persons into the civil service 
 
 8e Mar?3, 1871, c. of the United States as may best promote the efficiency 
 
 iu, s. 9, v. is, p. -j- uereo ^ an( j asc ertain the fitness of each candidate in 
 
 Sec ' 1763)R * s * respect to age, health, character, knowledge, and ability 
 
 for the branch of the service into which he seeks to enter; 
 
 and for this purpose he may employ suitable persons to 
 
 conduct such inquiries, and may prescribe their duties, 
 
 and establish regulations for the conduct of persons who 
 
 may receive appointments in the civil service. 1 
 
 Preference of g4. Persons honorably discharged from the military or 
 
 persons disabled 
 
 in military or naval service by reason of disability resulting from wounds 
 
 naval service. ,-,11 / 
 
 Mar. 3, 1865, or sickness incurred in the line of duty, shall be preferred 
 
 Res. No. 27, s. 1, . fj f 
 
 v. is, p. 571. for appointments to civil offices, provided they are found 
 
 Sec. 1764, R. S. , , .. /. ,, 
 
 to possess the business capacity necessary for the proper 
 
 discharge of the duties of such offices. 
 
 tia?ft?em D to ^' ^ n g ra teful recognition of the services, sacrifices, and 
 men t of such per- su ff er i n g S o f persons honorably discharged from the mili- 
 nava l sery i ce f the country, by reason of wounds, 
 
 Mar ' 3 27 
 
 ' 
 
 v. s, P. 571. disease, or the expiration of terms of enlistment, it s 
 
 
 
 respectfully recommended to bankers, merchants, manu- 
 facturers, mechanics, farmers, and persons engaged in 
 industrial pursuits, to give them the preference for appoint 
 ments to remunerative situations and employments. 
 
 Preference in 86. In making any reduction of force iu any of the Exec- 
 reductions. J 
 
 Aug. 15, 1876, utive Departments, the head of such Department shall 
 
 v. 19, p. 169. . . 
 
 retain those persons who may be equally qualified who 
 have been honorably discharged from the military or naval 
 
 1 See the title The Civil Service Law, post. 
 
THE MILITARY LAWS OF THE UNITED STATES. 35 
 
 service of the United States, and the widows and orphans 
 of deceased soldiers and sailors. Act of August 15, 1876 
 (19 Stat. L., 169}. 
 
 THE CIVIL SERVICE LAW. 
 
 87. That the President is authorized to appoint, by and Appointment 
 
 J of Commission- 
 
 with the advice and consent of the Senate, three persons, era. 
 not more than two of whom shall be adherents of the same 22, p. 403'. 
 party, as Civil Service Commissioners, and said three com- 
 missioners shall constitute the United States Civil Service 
 Commission. Said commissioners shall hold no other 
 official place under the United States. 
 The President may remove any commissioner; and any Removal of 
 
 ., ... ., . . i />,, % Commissioners. 
 
 vacancy m the position ot commissioner shall be so filled 
 by the President, by and with the advice and consent of 
 the Senate, as to conform to said conditions for the first 
 selection of commissioners. 
 
 The commissioners shall each receive a salary of three salaries and 
 thousand five hundred dollars a year. And each of said p^n s v e s. ling ex " 
 commissioners shall be paid his necessary traveling 
 expenses incurred in the discharge of his duty as a com- 
 missioner. Act of January 16, 1883 (22 Stat. L., 403). 
 
 88. That it shall be the duty of said commissioners: 
 
 First. To aid the President, as he may request, in pre- Duties of com- 
 paring suitable rules for carrying this act into effect, and Rules. 
 when said rules shall have been promulgated it shall be ' 
 the duty of all officers of the United States in the Depart- 
 ments and offices to which any such rules may relate to 
 aid, in all proper ways, in carrying said rules, and any 
 modifications thereof, into effect. 1 
 
 'Under the authority conferred by this section the following rules have been pre- 
 pared and issued by the President : 
 
 CIVIL SERVICE RULES. 
 (Revised May 6, 1896.) 
 
 SYNOPSIS OF RULES. 
 
 RULE I. Regulations to be prescribed; definition of terms. 
 
 RULE II. Penalties and prohibitions; status of persons after their positions are 
 classified. 
 
 RULE III. Extent of each of the five branches of the classified service; employees 
 excluded from the classified service. 
 
 RULE IV. Examinations authorized ; when noncompetitive examinations may be 
 held; appointment and duties of boards of examiners; executive officers to facilitate 
 examinations. 
 
 RULE V. Restrictions governing applicants and applications; disqualifications of 
 applicants and eligibles ; age limitations of applicants. 
 
 RULE VI. Exceptions from examination. 
 
 RULE VII. Rating of examination papers; relative standing of eligibles; relative 
 standing of preference claimants; registration of applicants; term of eligibility. 
 
 RULE VIII. Certifications and selections for filling vacancies; revocation of ap- 
 pointments of eligibles not entitled to certification ; probationary period and abso- 
 lute appointment; objection by appointing officer to eligible; apportionment of 
 appointments in Washington, i). C.; to what clasa appointment must be made; 
 
36 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Second. And, among other things, said rules shall provide 
 and declare, as nearly as the conditions of good adminis- 
 tration will warrant, as follows: 
 
 competitive First, for open, competitive examinations for testing the 
 fitness of applicants for the public service now classified 
 or to be classified hereunder. Such examinations shall be 
 practical in their character, and so far as may be shall 
 relate to those matfcers which will fairly test the relative 
 capacity and fitness of the persons examined to discharge 
 the duties of the service into which they seek to be 
 appointed. 
 
 fiTied ancie8 ' h w Second, that all the offices, places, and employments so 
 arranged or to be arranged in classes shall be filled by 
 
 eligibles with same average percentage; districts to be formed for filling vacancies 
 in certain positions ; appointment and promotion of substitutes; temporary or emer- 
 gency appointments. 
 
 RULE IX. Reinstatements. 
 
 RULE X. Transfers. 
 
 RULE XI. Promotions. 
 
 RULE XII. List of all positions and employments and reports of changes in service 
 to be furnished to Commission. 
 
 Promulgating ^ u theexercise of power vested in him by the Constitution, and of authority given 
 order. to nim Y *h e seventeen hundred and fifty third section or the Revised Statutes, 
 
 and by an act to regulate and improve the civil service of the United States, 
 approved January 16, 1883, the President hereby makes and promulgates the follow- 
 ing rules, and revokes all others. 
 
 RULE I. 
 
 Commission 1- The United States Civil service Commission shall have authority to prescribe 
 to prescribe reg- regulations in pursuance of, and for the execution of, the provisions of these rules 
 illations. and of the civil-service act. 
 
 Definitions of 2. The several terms hereinafter mentioned, wherever used in these rules or the 
 terms. regulations of the Commission, shall be construed as follows : 
 
 (a) The term " Civil Service Act " refers to "An act to regulate and improve the 
 civil service of the United States," approved January 16, 1883. 
 
 (b) The term " Classified Service" refers to all that part of the executive civil 
 service of the United States included within the provisions of the civil-service act. 
 
 (c) The term "Grade," in connection with employees or positions, refers to a 
 group of employees or positions in the Classified Service arranged upon the basis of 
 duties performed without regard to salaries received. 
 
 (d) The term " Class," in connection with employees or positions, refers to a group 
 of employees or positions in any grade arranged upon the basis of salaries received, 
 in pursuance of the provisions 'of section 163 of the Revised Statutes and of section 
 6 of the civil-service act. 
 
 (e) The term " Excepted position " refers to any position within the provisions of 
 the civil-service act, but excepted from the requirement of competitive examination 
 or registration for appointment thereto. 
 
 RULE II. 
 
 Dismissal for 1. Any person in the executive civil service of the United States who shall will- 
 violation of act fully violate any of the provisions of the civil-service act or of these rules shall be 
 or rules. dismissed from office. 
 
 No interfer- 2. No person in the executive civil service shall use his official authority or 
 ence with elec- official influence for the purpose of interfering with an election or controlling the 
 tions. result thereof. 
 
 No dismissal or 3. No person in the executive civil service shall dismiss, or cause to be dismissed, 
 change of rank or make any attempt to procure the dismissal of, or in any manner change the 
 for political or re- official rank or compensation of any other person therein because of his political or 
 ligious opinions, religious opinions or affiliations. 
 
 No disclosures 4. No question in any examination, or form of application, shall be so framed as 
 
 of political or re- to elicit information concerning, nor shall any inquiry be made concerning, nor any 
 
 ligious opinions other attempt be made to ascertain, the political or religious opinions or affiliations 
 
 of applicants, of any applicant, competitor, or eligible; and all disclosures thereof shall be dis- 
 
 etc. countenanced. And no discrimination shall be exercised, threatened, or promised, 
 
 against or in favor of, any applicant, competitor, or eligible because of his political 
 
 or religious opinions or affiliations. 
 
 Recommenda- 5. No recommendation of an applicant, competitor, or eligible, involving any dis- 
 tions that can not closure of his political or religious opinions or affiliations, shall be received, filed, 
 be received, filed, or considered by the Commission, by any board of examiners, or by any nominating 
 or considered. or appointing officer. 
 
 Penalties like 6. In making removals or reductions, or in imposing punishment, for delinquency 
 in character. or misconduct, penalties like in character shall be imposed for like offenses, and 
 
THE MILITARY LAWS OF THE UNITED STATES. 37 
 
 selections according to grade froiri among those graded 
 highest as the results of such competitive examinations. 
 
 Third, appointments to the public service aforesaid in the Apportion- 
 departments at Washington shall be apportioned among the 
 several States and Territories and the District of Columbia 
 upon the basis of population as ascertained at the last pre- 
 ceding' census. Everv application for an examination shall , Applications 
 
 lor examination. 
 
 contain, among other things, a statement, under oath, set- 
 ting forth his or her actual boua fide residence at the time 
 of making the application, as well as how long he or she 
 has been a resident of such place. 
 
 Fourth, that there shall be a period of probation before Probation, 
 any absolute appointment or employment aforesaid. 
 
 action thereupon shall be taken irrespective of the political or religious opinions or 
 affiliations of the offenders. 
 
 7. A person holding a position on the date said position is classified under the Status of em- 
 civil-service act shall be entitled to all the rights and benefits possessed by persons plovees after 
 of the same class or grade appointed upon examination under the provisions of said classification 
 act. 
 
 RULE III. 
 
 1. All that part of the executive civil service of the United States which has D iff e r o n t 
 been, or may hereafter be, classified under the civil-service act shall be arranged in branches of das- 
 brunches as follows: The departmental service, the customhouse service, the sified service. 
 Post-Office service, the Government Printing service, and the Internal Revenue 
 
 Service. 
 
 2. The departmental service shall include officers and employees as follows, ex- Extent of de- 
 cept those in the service of the Government Printing Office and in the service of the partmental serv- 
 several custom-houses, post-offices, and internal-revenue districts. ice. 
 
 (a) All officers and employees of whatever designation, except persons merely 
 employed as laborers or workmen and persons who have been nominated for con- 
 firmation by the Senate, however or for whatever purpose employed, whether com- 
 pensated by a fixed salary, or otherwise, who are serving in, or on detail from 
 
 The several Executive Departments, the commissions, and offices, in the District 
 of Columbia. 
 
 The Railway Mail Service. 
 The Indian Service. 
 The several pension agencies. 
 The Steamboat- Inspection Service. 
 The Marine-Hospital Service. 
 The Light- House Service. 
 The Life-Saving Service. 
 The several mints and assay offices. 
 The Revenue-Cutter Service. 
 
 The force employed under custodians of public buildings. 
 The several subtreasuries. 
 The Engineer Department at large. 
 
 (b) All executive officers and employees outside of the District of Columbia not 
 covered in (a), of whatever designation, whether compensated by a fixed salary, or 
 otherwise 
 
 Who are serving in a clerical capacity, or whose duties are in whole or in part of 
 a clerical nature. 
 
 Who are serving in the capacity of watchman or messenger. 
 
 Who are serving in the capacity of physician, hospital steward, nurse, or whose 
 duties are of a medical nature. 
 
 Who are serving in the capacity of draftsman, civil engineer, steam engineer, 
 electrical engineer, computer, or fireman. 
 
 Who are in the service of the Supervising Architect's Office in the capacity of 
 superintendent of construction, superintendent of repair, or foreman. 
 
 Who are in the service of the Treasury Department in any capacity. 
 
 3. The custom-house service shall include the officers and employees serving in Extent of cus- 
 any customs district, whose employees number as many as five, who have been, or torn-house serv- 
 may hereafter be, classified under the civil-service act. And whenever in any ice. 
 
 customs district whose officers and employees number less than five the number of 
 officers and employees shall be increased to as many as five, the Secretary of the 
 Treasury shall at once notify the Commission of such increase, and the officers and 
 employees in said district shall be included within the classified service from the 
 date of said increase. 
 
 4. The Post Office service shall include the officers and employees in any free- Extent of Post- 
 delivery post-office who have been, or may hereafter be, classified under the civil- Office service, 
 service act. And whenever the free-delivery system shall be established in any 
 
 post-office the Postmaster-General shall at once notify the Commission of such 
 establishment and the officers or employees of said office shall be included within 
 
38 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Political con- Fifth, that no person in the public service is for that 
 
 tributions and 
 
 service. reason under any obligations to contribute to any political 
 
 fund, or to render any political service, and that he will not 
 be removed or otherwise prejudiced for refusing to do so. 
 
 coercion. Sixth, that no person in said service has any right to use 
 
 his official authority or influence to coerce the political 
 action of any person or body. 
 
 Noncompeti- Seventh, there shall be non-competitive examinations in 
 
 tive examina- 
 tions, all proper cases before the Commission, when competent 
 
 persons do not compete, after notice has been given of the 
 existence of the vacancy, under such rules as may be pre- 
 scribed by the commissioners as to the manner of giving 
 notice. 
 
 changes 1 in e serv f Eighth, that notice shall be given in writing by the ap- 
 ice - pointing power to said Commission of the persons selected 
 
 for appointment or employment from among those who 
 have been examined, of the place of residence of such per- 
 sons, of the rejection of any such persons after probation, 
 of transfers, resignations, and removals, and of the date 
 thereof, and a record of the same shall be kept by said 
 Commission. 
 
 to And any necessary exceptions from said eight fundamen- 
 tal provisions of the rules shall be set forth in connection 
 with such rules, and the reasons therefor shall be stated in 
 the annual reports of the Commission. 
 
 the classified service from the date of such establishment; and whenever, by order 
 Consolidation of the Postmaster-General, any post-office shall be consolidated with, and made a 
 
 of post-offices. part of, a free-delivery post-office, the Postmaster-General shall at once notify tho 
 Commission of such consolidation, and from tho date of said order the employees of 
 the office thus made a part of the free delivery office whose names appear on the 
 roster of the Post-Office Department shall be employees of said free-delivery office, 
 and the person holding, on the date of said order, the position of postmaster at the 
 office thus made a part of said free-delivery office may be made an employee in said 
 free delivery office and may at the time of classification be assigned to any position 
 therein and given any appropriate designation which the Postmaster General may 
 direct. 
 Extent of Gov- 5. The Government Printing Service shall include the officers and employees in 
 
 ernmentPrinting tne Government Printing Office, who have been, or may hereafter be, classified 
 
 service. under the civil-service act. 
 
 Extent of In- 6. The Internal Revenue Service shalLinclude the officers and employees who have 
 
 ternal Revenue been, or may hereafter be, classified under the civil-service act in any intemal-reve- 
 
 Service. nue district. 
 
 Employees al- ? All officers and employees who have heretofore been classified under the civil- 
 ready classified service act shall be considered as still classified and subject to the provisions of 
 
 covered by rules, these rules. 
 Employees and 8. The following-mentioned positions or employees shall not be subject to the pro- 
 
 positions not vision of these rules: 
 
 covered by rules, ( a > -^ U J position tilled by a person whose place ot private business is conveniently 
 located for his performance of the duties of said position, or any position filled by a 
 person remunerated in one sum both for services rendered therein, and for necessary 
 rent, fuel, and lights furnished for the performance of the duties thereof: Provided, 
 That in either case the performance of the duties of said position requires only a 
 portion of the time and attention of the occupant, paying him a compensation not 
 exceeding, lor his personal salary only, three hundred dollars per annum, and per- 
 mitting of his pursuing other regular business or occupation. 
 
 (ft) Any person in the military or naval service of the United States who is detailed 
 for the performance of civil duties. 
 
 (c) Any person employed in a foreign country, under the State Department, or 
 temporarily employed in confidential capacity in a foreign country. 
 
 (d) Any position whose duties are of a quasi-military or quasi-naval character and 
 for the performance of whose duties a person is enlisted for a term of years. 
 
 RULE IV. 
 
 Examinations 1. In pursuance of the provisions of section 2 of the civil-service pet, there shall 
 authorized. be provided, to test fitness for admission to positions which have been, or may here- 
 
THE MILITARY LAWS OF THE UNITED STATES. 39 
 
 Third. Said Commission shall, subject to the rules that , Regulations 
 
 for e x a m i n a - 
 
 may be made by the President, make regulations for, and tion s. 
 have control of, such examinations, and, through its mem- 
 bers or the examiners, it shall supervise and preserve the 
 
 records of the same; and said Commission shall keep min- 
 utes of its own proceedings. 
 
 Fourth. Said Commission may make investigations con- investigations 
 cerning the facts, and may report upon all matters touching 
 the enforcement and effects of said rules and regulations, 
 and concerning the action of any examiner or board of 
 examiners hereinafter provided for, and its own subordi- 
 nates, and those in the public service, in respect to the 
 execution of this act. 
 
 Fifth. Said Commission shall make an annual report to Annuaireport. 
 the President for transmission to Congress, showing its own 
 action, the rules and regulations and the exceptions thereto 
 in force, the practical effects thereof, and any suggestions 
 it may approve for the more effectual accomplishment of 
 the purposes of this act. Sec. 2, act of January 16. 1883 
 (22 Stat. L., 403). 
 
 89. That said Commission is authorized to employ a chief. Chief exam - 
 
 J iner. 
 
 examiner, a part of whose duty it shall be, under its direc- sec.s, ibid. 
 tion, to act with the examining boards, so far as practi- 
 cable, whether at Washington or elsewhere, and to secure 
 accuracy, uniformity, and justice in all their proceedings, 
 
 after be, classified under the civil-service act, examinations of a practical and suitable 
 character involving such subjects and tests as the Commission may direct. 
 
 2. No person shall be appointed to, or be employed in. any position which has been, Examinations 
 or may hereafter be, classified under the civil-service act, until he shall have passed required. 
 
 the examination provided therefor, or unless he is especially exempt from examina- 
 tion by the provisions of said act or the rules made in pursuance thereof. 
 
 3. In pursuance of the provisions of section 2 of the civil-service act, wherever com When noncom- 
 petent persons can be found who are willing to compete, no noncompetitive exami- petitive exami- 
 nation shall be given except as follows: nations may be 
 
 (a) To test fitness for transfer or for promotion in a part of the service to which held, 
 promotion regulations have not been applied. 
 
 (b) To test fitness for appointment of Indians as superintendents, teachers, teachers 
 of industries. lundergartnera, and physicians in the Indian Service at large. 
 
 The noncompetitive examinations of Indians for the positions mentioned shall con- 
 sist of such tests of fitness, not disapproved by the Commission, as may be determined 
 upon by the Secretary of the Interior. A statement of the result of every noncom- 
 petitive test, and all appointments, transfers, or promotions based thereon shall be 
 immediately forwarded to the Commission. 
 
 4. In pursuance of the provisions of section 3 of the civil-service act, examinations Dates and 
 shall be provided at such places and upon such dates as the Commission shall deem places of exam- 
 most practicable to subserve the convenience of applicants and the needs of the inations. 
 service. 
 
 5. In pursuance of the provisions of section 3 of the civil-service act, the Cpmmis- Appointment 
 sion shall appoint, from persons in the Government service, such boards of exam- and duties of 
 iners as it may deem necessary. The members of said boards shall perform such boards of exam- 
 duliesas the Commission may direct in connection with examinations, appointments, iners. 
 
 and promotions, in any part of the service which has been, or may hereafter be, 
 classified. The members of any board of examiners in the performance of their 
 duties as such shall be under the direct and sole control and authority of the Com- 
 mission. The duties performed by the members of any board of examiners in their 
 capacity as such shall be considered part of the duties of the office in which they are 
 serving, and time shall be allowed for the performance of said duties during the 
 office hours of said office. The members of any board of examiners shall not all be 
 adherents of one political party, when persons of other political parties are available 
 and competent to serve upon said board. 
 
 6. In pursuance of the provisions of section 3 of the civil-service act, all executive Executive offi- 
 officers of the United States shall facilitate civil-service examinations; and post- cers to facilitate 
 masters, customs officers, internal-revenue officers, and custodians of public build- examinations, 
 ings at places where such examinations are to be held, shall, for the purpose of such 
 
40 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Secretary. 
 
 which shall be at all times open to him. The chief exam : 
 iner shall be entitled to receive a salary at the rate of three 
 thousand dollars a year, and he shall be paid his necessary 
 traveling expenses incurred in the discharge of his duty. 
 The Commission shall have a secretary, to be appointed by 
 the President, who shall receive a salary of one thousand 
 
 Qualifications 
 of applicants. 
 
 Applications 
 from enlisted 
 men. 
 
 Disqualifica 
 - jli 
 gi 
 
 tions of appli- 
 eliei- 
 
 cauts and 
 bles. 
 
 Agelimitations 
 for applicants. 
 
 No age limita- 
 tions for prefer- 
 ence claimants. 
 
 examinations, permit and arrange for the use of suitable rooms under their charge 
 and for heating, lighting, and furnishing the same. 
 
 RULE V. 
 
 1. Every applicant for examination must be a citizen of the Ignited States, must 
 be of proper age, and must make an application under oath, upon a form prescribed 
 by the Commission, and accompanied by such certificates as may bo prescribed. 
 
 2. No application for examination shall be accepted from any person serving in the 
 Army, the Navy, or Marine Corps of the United States, unless the written consent of 
 the liead of the Department under which said person is enlisted is tiled with his 
 application. 
 
 3. The Commission may, in its discretion, refuse to examine an applicant, or to 
 certify an eligible, who is physically so disabled as to be rendered unfit for his per- 
 formance of the duties of the position to which lie seeks appointment; or who has 
 been guilty of a crime or of infamous or notoriously disgraceful conduct; or who 
 has been dismissed from the service for delinquency or misconduct within one year 
 next preceding the date of his application; or who has intentionally made a false 
 statement in any material fact, or practiced or attempted to practice any deception 
 or fraud in securing his registration or appointment. Any of the foregoing disquali- 
 fications shall be good cause for the removal of an eligible from the service after his 
 appointment. 
 
 4. No application for examination shall be accepted unless the applicant is within 
 the age limitations fixed herein for entrance to the position to which he seeks to be 
 appointed: Provided, That subject to the other conditions of these rules the appli- 
 cation of any person whose claim of preference under the provisions of section 1754 
 of the .Revised Statutes has been allowed by the Commission may be accepted with- 
 out regard to his age. The age limitations' for entrance to positions in the different 
 branches of the service shall be as follows : 
 
 
 Minimum. 
 
 Maximum. 
 
 DEPARTMENTAL SERVICE: 
 
 14 
 16 
 
 18 
 18 
 
 25 
 21 
 20 
 
 20 
 21 
 
 21 
 
 18 
 
 21 
 
 18 
 
 18 
 21 
 
 18 
 20 
 No limit. 
 35 
 
 55 
 45 
 No limit. 
 
 Do. 
 Do. 
 
 40 
 No limit. 
 
 Do. 
 Do. 
 
 Do. 
 Do. 
 
 
 
 
 Superintendent, physician, supervisor, day school in- 
 spector and matron Indian Service 
 
 All other positions in the, Indian Service 
 
 All other positions 
 
 (These limitations shall not apply in the case of wives 
 of superintendents of Indian schools who apply for exam- 
 ination 1'or the position of teacher or matron.) 
 CUSTOM-HOUSE SERVICE: 
 Clerk and messenger 
 
 Other positions . . 
 
 POST-OFFICE SERVICE: 
 Letter carrier 
 
 Other positions 
 
 GOVERNMENT PRINTING SERVICE: 
 
 All positions (female) 
 
 INTERNAL REVENUE SERVICE: 
 Clerk . 
 
 
 
 Applications 5. No application shall be accepted for examination for a position which belongs 
 for trade posi- to one of the recognized mechanical trades unless it shall be shown that the apph- 
 tions. cant has served as apprentice or as journeyman or as apprentice and journeyman at 
 
 said trade for such periods as the Commission may prescribe. 
 
 RULE YI. 
 
 Excentions '^ ne fbH' Wvn &* n ''ttned employees or positions which have been, or may hereafter 
 from exairina be ' classified under the civil-service act shall be excepted from the requirement of 
 tion or registry examination or registration: 
 DEPARTMENTAL SERVICE.- 
 
 (a) Private secretaries or confidential clerks (not exceeding two) to the President 
 or to the head of each of the eight Executive Departments. 
 
 (b) Indians employed in the Indian Service at large, except those employed as 
 superintendents, teachers, teachers of industries, kindergai'tners, and physicians. 
 
 
THE MILITARY LAWS OF THE UNITED STATES 41 
 
 six hundred dollars per annum. It may, when necessary, 
 employ a stenographer, and a messenger, who shall be 
 paid, when employed, the former at the rate of one thou- 
 sand six hundred dollars a year, and the latter at the rate 
 of six hundred dollars a year. The Commission shall, at 
 Washington, and in one or more places in each State and 
 
 CUSTOM-HOUSE SERVICE: 
 
 (a) One cashier in each customs district. 
 
 (b) One chief or principal deputy or assistant collector in each customs district 
 whose employees number as many as 150. 
 
 3'OST-()FFICE SERVICE : 
 
 (a) One assistant postmaster, or chief assistant to the postmaster, of whatever 
 designation, at each post-office. 
 
 (b) One cashier of each first-class post-office when employed under the roster title 
 of cashier only. 
 
 INTERNAL REVENUE SERVICE : 
 One cashier in each internal-revenue district. 
 
 RULE VII. 
 
 1. Examination papers shall be rated on a scale of 100, and the subjects therein Rating exam- 
 shall be given such relative weights as the Commission may prescribe. After a ination papers, 
 competitor's papers have been rated, he shall be duly notified of the result thereof. 
 
 2. Every competitor who attains an average percentage of 70 or over shall be Eligible aver- 
 eligible for appointment to the position for which he was examined ; and the names of age. 
 
 eligibles shall be, entered, in the order of their average percentages, on the proper 
 
 register of eligibles: Provided, That the names of all competitors whose claims to Eligible aver- 
 
 preference under the provisions of section 1754 of the Revised Statutes have been age of preference 
 
 allowed by the Commission, and who attain an average of 65 or over, shall be claimants. 
 
 placed, in the order of their average percentages, at the head of the proper register 
 
 of eligibles. 
 
 3. For filling vacancies in positions for which competitive tests are not practi Registration of 
 cable, the registration of applicants shall be in the order in which they fulfill the applicants, 
 requirements prescribed therefor by regulation of the Commission: Provided, That Registration 
 persons who served in the military or naval service of the United States in the late f pref ere n ce 
 war of the rebellion and were honorably discharged therefrom, and persons who claimants, 
 have been separated from such positions above mentioned through no delinquency 
 
 or misconduct, shall be placed at the head of the proper register in the order of their 
 fulfillment of said requirements. 
 
 4. The term of eligibility shall be one year from the date on which the name of Term of eligi- 
 the eligible is entered upon the register. bility. 
 
 RULE VIII. 
 
 In pursuance of the provisions of section 2 of the civil-service act, whenever a Method of fill- 
 vacancy occurs in any position which has been, or may hereafter be. classified under ing vacancies, 
 the civil-service act, and which is not an excepted position, the filling of said 
 vacancy, unless filled through noncompetitive examination or by reinstatement, 
 transfer, promotion, or reduction, shall be governed as follows: 
 
 1. The appointing or nominating officer shall request certification to him of the Three names to 
 names of eligibles for the position vacant, and the Commission shall certify to said be certified. 
 officer from the proper register the three names at the head thereof which have not 
 
 Certification 
 smporary 
 
 _ , appointment. 
 
 rule, or regulation, or is specified in the request for certification, the names of those Certifi cation 
 of the sex so fixed or specified shall be certified, but in other cases certification shall by sexes, 
 be made without regard to sex. 
 
 2. Of the three names certified the nominating or appointing officer shall select Selections from 
 one, and if at the time of selection there are more vacancies than one, he may select certifications, 
 more than one name, unless otherwise directed by the Commission. 
 
 3. If an eligible who is not entitled to certification is certified and appointed, his Eligible not 
 appointment shall be immediately revoked by the appointing officer upon notification entitled to certi- 
 from the Commission. n'cation. 
 
 4. A person selected for appointment shall bo notified of his selection by the Probationary 
 appointing or nominating officer, and upon his acceptance shall receive from the period author- 
 appointing officer a certificate of appointment for a probationary period of six months, ized. 
 
 at the end of which period, if the conduct and capacity of the probationer are satis- 
 factory to the appointing officer, his retention in the service shall be equivalent to his What is equiv- 
 absolute appointment; but if his conduct or capacity be not satisfactory, ho shall be alent to absolute 
 notified by the appointing officer that he will not receive absolute 'appointment appointment, 
 because of such unsatisfactory conduct or want of capacity ; and such notification 
 shall discharge him from the service : Provided, That the probation of an emplovee Di s charge of 
 in the Indian school service shall terminate at the end of the school year in which probationer, 
 he is appointed -.And provided further, Thatthe time which an employee has actually Termination of 
 served as substitute in parts of the service where substitutes are authorized shall probation in In- 
 be counted as part of the probationary period of his regular appointment; but that diau school serv- 
 time served under a temporary appointment shall not be so counted. ice. Service of 
 
 substitute part 
 of probationary 
 period. Tempo- 
 rary service not 
 to be so counted. 
 
42 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Territory where examinations are to take place, designate 
 and select a suitable number of persons, not less than three, 
 in the official service of the United States, residing in said 
 State or Territory, after consulting the head of the depart- 
 ment or office in which such persons serve, to be members 
 Boards of ex- o f boards of examiners, and may at any time substitute 
 
 amiaers. , . . ^ 
 
 any other person in said service living in such State or 
 Territory in the place of any one so selected. Such boards 
 of examiners shall be so located as to make it reasonably 
 convenient and inexpensive for applicants to attend before 
 them; and where there are persons to be examined in any 
 State or Territory, examinations shall be held therein at 
 
 Objection of 5. If the appointing or nominating office^ shall object to an eligible named in the 
 
 appointing offi- certificate, stating that, because oi some physical defect, mental unsoundness, or 
 
 cer to eligible, moral disqnalitication, particularly specified, said eligible would be incompetent or 
 
 unfit for the performance of the duties of the vacant position, and if said officer shall 
 
 sustain such objection with evidence satisfactory to the Commission, the Commission 
 
 may certify the eligible on the register who is in average percentage next below those 
 
 already certified, in place of the one to whom objection is made and sustained. 
 
 Apportionment C. Certifications for appointment of persons for service in, or on direct detail from, 
 
 law to be ob- any Department or office in Washington, I). C., shall be so made as to maintain, as 
 
 served. nearly as possible, the apportionment of such appointments among the several 
 
 Exceptions to States and Territories and District of Columbia upon the basis of population, except 
 
 apportionment, to appointments in the Government Printing Office, to the position of printer's 
 
 assistant, skilled helper and operative, in the Bureau of Engraving and Printing, to 
 
 positions in the post quartermaster's office, in the pension agency, and other local 
 
 offices, in the District of Columbia; and to the positions of page and messenger boy, 
 
 and apprentice or student. 
 
 Appointment ? Within any part of the service to which promotion regulations have been, or 
 to lowest class may hereafter be, applied, certification of those eligible to original appointment shall 
 and exception not be made for filling a vacancy in a position above the lowest class in any grade, 
 thereto. whenever there is any person eligible and willing to be promoted to said vacancy: 
 
 Provided, That a vacancy in any position requiring the exercise of technical or pro- 
 fessional knowledge may be filled by original appointment. 
 
 Eligibles with 8. When two or more eligibles on a register have the same average percentage, 
 same average preference in certification shall be determined by t-ho order in which their applica- 
 percentage. ' tions were filed. 
 
 Vacancies to be 9. For filling vacancies in positions outside of the District of Columbia and in posi- 
 filled by districts, tions in the pension agency, the depot quartermaster's office, and other local offices, 
 in the District of Columbia, the territory of the United States shall be arranged in 
 such sections or districts as the Commission may determine: and an eligible shall be 
 certified, in his order, to vacancies in the section or district in which he resides, and 
 upon his written request to vacancies in any one or more of the other sections or 
 districts : Provided, That in the custom-house'service, Post-Office service, or Internal 
 Revenue Service, an eligible shall be certified only to vacancies in the customs dis- 
 trict, post-office, or internal-revenue district where he was examined. 
 
 Employment 10. In any part of the service in which the employment of substitutes is not, pro- 
 of substitutes, hibited by law, there may be certified and appointed in the manner provided for in 
 this rule, only such number of substitutes as are actually needed for the perform- 
 ance of substitute duty. 
 
 Appointment 11. In any part of the service in which substitutes are employed, certifications of 
 and promotion of those eligible to original appointment shall be made for filling vacancies in substi- 
 substitutes. tute positions only, and vacancies in regular positions shall be filled by the appoint- 
 ment or promotion thereto of substitutes in the order of their original appointment 
 as substitutes, whenever there are substitutes of the required sex who are eligible 
 and willing to be so appointed or promoted. Substitutes so appointed or promoted 
 shall, however, be subject to the provisions of these rules relating to probation and 
 permanent appointment. 
 
 Preference to 12. Upon request of the appointing or nominating officer, preference in certifica- 
 wife of superin- tion may be given to the wife of the superintendent of an Indian school for filling a 
 tendent of In- vacancy in the position of teacher or matron in said school. 
 
 dian school. 13. Whenever there shall occur a vacancy which the public interest requires shall 
 
 Temporary ap- be immediately filled and which can not be so filled in time to meet the emergency by 
 pointment for certification from the eligible registers, such vacancy may, subject to the approval 
 emergency. of the Commission, be filled by temporary appointment without examination until a 
 
 regular appointment can be made Such temporary appointment shall in no case 
 continue longer than ninety days, and shall expire by limitation at the end of that 
 Restrictions time. No person shall serve longer than ninety days in anyone year under such 
 upon temporary temporary appointment or appointments, and in any event only until a regular 
 appointments, appointment can be made through examination and certification. Said year limita- 
 tion shall begin torun in the caseof any person on the dateof his first such appoint- 
 Temporary ap- ment : Provided, That Avhenever an emergency shall arise requiring that a vacant 
 pointment for position in any internal-revenue district shail be filled before a certificate can be 
 emergency in in- issued by the Commission and an appointment made thereto in the manner provided 
 ternal-revenue in these rules, such position may be filled without regard to the provisions of these 
 district. rules by temporary appointment for a period not to exceed thirty days and only for 
 
O f 
 
 THE MILITARY LAWS OF THE UNITED. STATES. 43 
 
 least twice in each year. It shall be the duty of the col- lic D l s rs ot pub " 
 lector, postmaster, and other officers of the United States, 
 at any place outside of the District of Columbia where 
 examinations are directed by the President or by said 
 board to be held, to allow the reasonable use of the public 
 buildings for holding such examinations, and in all proper 
 ways to facilitate the same. Sec. 5 7 ibid. 
 
 90. That it shall be the duty of the Secretary of the 
 Interior to cause suitable and convenient rooms and 
 accommodations to be assigned or provided and to be J| n - jjj/ 1883 ' v - 
 furnished, heated and lighted, at the city of Washington, 
 for carrying on the work of said Commission and said 
 
 such period as may be required for the execution of the necessary details of an Restrictions 
 appointment thereto in accordance with said provisions, but no person shall receive upon temporary 
 such temporary appointment who within the ninety days next previous thereto has appointments in 
 been separated from a position in said district to which he was temporarily appointed internal-revenue 
 under the provisions of this section. districts. 
 
 14. Whenever a temporary appointment shall be made through certification from When tempo- 
 the eligible registers of the Commission in the manner provided in these rules, such r a r y appoint- 
 temporary appointment shall in no case continue longer than six months and shall ment must cease. 
 expire by limitation at the end of that period. 
 
 RULE IX. 
 
 A vacancy in any position which has been, or may nereafter be, classified under Reinstate- 
 the civil-service act, may, upon requisition of the proper officer and the certificate ments within one 
 of the Commission, be filled by the reinstatement, without examination, of any per- year. 
 son who, within one year next preceding the date of said requisition, has, through 
 no delinquency or misconduct, been separated from a classified position at the date 
 of said requisition and in that Department or office and that branch of the service 
 in which said vacancy exists: Provided, That for original entrance to the position Position to 
 proposed to be filled by reinstatement there is not required by these rules, iu the which reiustate- 
 opinion of the Commission, an examination involving essential tests different from ment may be 
 or higher than those involved in the examination for original entrance to the posi- made. 
 tion formerly held by the person proposed to be reinstated : And provided further, Reinstatement 
 That, subject to the other conditions of these rules, any person who served in the of preference 
 military or naval service of the United States in the late war of the rebellion and claimants. 
 was honorably discharged therefrom, or the widow of any such person, may be rein- 
 stated without regard to the length of time he or she has been separated from the 
 service. 
 
 RULE X. 
 
 Within that part of the civil service of the United States which has been, or may Transfers. 
 hereafter be, classified under the civil-service act, transfers shall be governed as 
 follows : 
 
 1. A person in any Department or office may be transferred within the same De- Transfers in 
 partment or office and the same branch of the service upon any test of fitness, not same Depart- 
 disapproved by the Commission, which may be determined upon by the appointing ment, office, or 
 officer, subject to the limitations of the provisos of section 2 of this rule. branch of serv- 
 
 2. A person who has received absolute appointment may be transferred without ice. 
 examination, from any Department, office, or branch of the service, upon requisition Transfers from 
 and consent ot the proper officers, and the certificate of the Commission : Provided, De p artm e n t, 
 That no transfer shall be made of a person to a position within the same Depart- office, or branch 
 ment or office and the same branch of the service, or to a position in another De- of service. 
 partment, office, or branch of the service, if from original entrance to such position Age limita- 
 said person is barred by the age limitations prescribed therefor, or bvthe provisions tions governing 
 regulating apportionment, or if in said position there is not required, in the judg- transfers. 
 ment of the Commission, the performance of the same class of work, or the practice 
 
 of the same mechanical trade, performed or practiced in the position from which 
 
 transfer is proposed : And provided further, That transfer shall not be made without When exami- 
 
 examination, provided by the Commission, to a position for original entrance to nations are re- 
 
 which, in the judgment of the Commission, there is required by these rules an ex- quired for trans- 
 
 amination involving essential tests different from or higher than those involved in fers. 
 
 the examination required for original entrance to the position from which transfer is Employees 
 
 proposed ; but a person employed in any grade shall not because of such employment not barred from 
 
 be barred from the open competitive examination provided for original entrance to open competitive 
 
 any other grade. examinations. 
 
 3. Upon requisition of the proper officer and the certificate of the Commission, Transfer from 
 transfer may be made without examination from the office of the President of the the office of the 
 United States, after continuous service therein for the two years next preceding the President. 
 
 date of said requisition, to any position classified under the civil-service act, if in 
 said position there is required, in the judgment of the Commission, the performance 
 
44 THE MILITARY LAWS OF THE UNITED STATES. 
 
 examinations, and to cause the necessary stationery and 
 other articles to be supplied and the necessary printing to 
 be done for said Commission. See. 4, ibid. 
 . 91 - Tnat anv sa ^ commissioner, examiner, copyist, or 
 messenger, or any person in the public service who shall 
 willfully and corruptly, by himself or in co-operation with 
 one or more other persons, defeat, deceive, or obstruct any 
 person in respect of his or her right of examination accord- 
 
 of the same class of work that is required to be performed in the position from 
 which transfer is proposed. 
 
 No transfer 4. Transfer shall not be made from an excepted position to a position not excepted: 
 from excepted to Provided, That a person holding an excepted position at the time said position is 
 nonexcepted po- classified under the civil-service act, or a person holding an excepted position which 
 sition with ex- he entered prior to the President's order of November 2, 1894, may, subject to the 
 ceptio'n. other conditions and provisions of this rule, be transferred to a position not ex- 
 
 cepted. 
 
 No tran s f er 5. Transfer shall not be made from a position not classified under the civil-service 
 
 from unclassified act to a classified position : Provided, That a person who, by promotion or transfer 
 
 to classified po- from a classified position, has entered a position, appointment to which is made by 
 
 sition, with ex- the President by and with the advice and consent of the Senate, and lias served con- 
 
 ception. tiiiuously therein from the date of said promotion or transfer, may be retransferred 
 
 from said Presidential appointment to the position from which he was so transferred 
 
 or to any position to which transfer could be made therefrom. 
 
 Transfer from 6. Transfer shall not be made from a position outside the District of Columbia to 
 position outside a position within the District of Columbia except upon the certificate of the Corn- 
 to position with- mission, subject to the other conditions and provisions of this rule. 
 in District of Co- 
 lumbia. 
 
 Transfer from 7. Any person who has been transferred from a classified position to another classi 
 one classified po- fled position may bo retransferred to the position in which he was formerly em 
 sition to another ployed, or to any position to which transfer could be made therefrom, without regard 
 classified p o s i - to the limitations of this rule. 
 
 tion. 8. All transfers herein authorized shall be made only after the issuance by the 
 
 Commission of the certificates therefor, except those which may bo specifically 
 exempted from such condition by regulation of the Commission. 
 
 Certificates for 9. Whenever a person is proposed for transfer from one branch of the service to 
 
 transfers. another branch of the service, and from a part of the service not within the provi- 
 
 Farts to be set 8 ^ ons regulating apportionment to a part of the service within said provisions, and 
 
 i' tl armlic'i * ne transfer is one which, under the provisions of this rule, may be allowed without 
 
 tin Vim tmnqfttr examination, such person shall be required, precedent to his transfer, to file a state- 
 
 ment under oath setting forth the same facts accompanied by the same certificates or 
 
 vouchers relating to residence as may be required in an application for examination. 
 
 RULE XI. 
 
 Promotions. 1. In pursuance of the requirements of section 7 of the civil-service act, competi- 
 tive tests or examinations shall, as far as practicable and useful, be established to 
 test fitness for promotion in any part of the civil service of the United State which 
 has been, or may hereafter be, classified under the civil-service act. 
 
 Commission to 2. The details' regulating promotions shall be formulated by the Commission after 
 formulate details consultation with the heads of the several Departments, bureaus, or offices. It shall 
 regulating p r o- be the duty of the head of each Department, bureau, or office, when such regulations 
 motions. haA T e been formulated, to promulgate same, and any amendments or revocations thereof 
 
 shall be approved by the Commission before going into effect. 
 
 Commission to 3. The Commission shall, upon the nomination of the head of each Department, 
 
 designate boards bureau, or office, designate and select a suitable number of persons, not less than 
 
 of promotion. three, in said Department, bureau or office, to be members of a board of promotion. 
 
 In the Departments, bureaus, or offices in Washington, and in all other offices, the 
 
 members of any board of examiners shall not all be adherents of one political party, 
 
 when persons of other political parties are available and competent to serve upon 
 
 said board. 
 
 Promotions be- 4. Until the regulations herein authorized have been approved for any Depart- 
 
 fore adoption of ment, bureau, or office, in which promotion regulations approved by the Commission 
 
 regulations. are not in force, promotions therein may be made from one class to another class 
 
 which is in the same grade, and from one grade to another grade, upon any test of 
 
 fitness, not disapproved by the Commission, which may be determined upon by the 
 
 When exam- promoting officer: Provided, That no promotion of a person shall be made, except 
 
 inations are re- upon examination provided by the Commission, from one class to another class, or 
 
 quired for pro- from one grade to another grade, if for original entrance to said class or grade to 
 
 motions. which promotion is proposed there is required by these rules an examination involv- 
 
 ing essential tests different from or higher than those involved in the examination 
 
 required for original entrance to the class or grade from which promotion is pro- 
 
 Employees not posed: And provided further, That no promotion of a person shall be made, except 
 
 barred from open upon examination provided by the Commission, to a position in which, in the judg- 
 
 competitive ex- raent of the Commission, there is not required the performance of the same class of 
 
 animations. work, or the practice of the same mechanical trade, which is required to be performed 
 
 or practiced, in the position from which promotion is proposed; but a person 
 
 employed in any grade shall not, because of such employment, be barred from the 
 
 Age 1 i m i t a - open competitiA r e examination provided for original entrance to any other grade : And 
 
 tions. provided further, That no promotion of a person shall be made to a class or grade 
 
THE MILITARY LAWS OP THE UNITED STATES. 45 
 
 ing to any sucli rules or regulations, or who shall willfully, 
 corruptly, and falsely mark, grade, estimate, or report 
 upon the examination or proper standing of any person 
 examined hereunder, or aid in so doing, or who shall will- 
 fully and corruptly make any false representations con- 
 cerning the same or concerning the person examined, or 
 who shall willfully and corruptly furnish to any person any 
 special or secret information for the purpose of either 
 
 from original entrance to which such person is barred by the ago limitation pre 
 scribed therefor or by the provisions regulating apportionment. 
 
 RULE XII. 
 
 1. In pursuance of the provisions of section 2 of the civil-service act, every nomi- List of all posi- 
 natiug or appointing officer in the executive civil service of the United States shall tions and employ- 
 furnish to the Commission a list of all the positions and employments under his ments to be fu'r- 
 control and authority, together with the names, designations, compensations, and nished to Corn- 
 dates of appointment or employment, of all persons serving in said positions or mission, 
 employments; said list to be arranged as follows: (a) Classified positions not 
 
 excepted from examination ; (6) classified positions excepted from examination ; (c) 
 unclassified positions. 
 
 2. Every nominating or appointing officer in the executive civil service shall report Reports of 
 in detail to the Commission, in form and manner to be prescribed by the Commis- changes in serv- 
 sion, all changes, as soon as made, and the dates thereof, in the service under his ice to be made to 
 control and authority, setting forth among other things the following: The position Commission. 
 
 to which an appointment or reinstatement is made; the position from which, a 
 separation is made, whether the same was caused by dismissal, resignation, or 
 death ; and the position from which and the position to which a transfer or promo- 
 tion is made; the compensation of every position from which or to which a change 
 is made; the name of every person appointed, reinstated, promoted, transferred, or 
 separated from the service ; and every failure to accept an appointment and the 
 reasons therefor. 
 Approved May 6, 1896. 
 
 GROVER CLEVELAND. 
 
 CLASSIFICATION OF EMPLOYEES IN THE WAR DEPARTMENT. 
 
 DEPARTMENT or WAR, 
 
 Washington, June 10, 1896. 
 
 By direction of the President of the United States, and in accordance with the 
 third clause of section 6 of the act entitled "An act to regulate and improve the 
 civil service of the United States," approved January 16, 1883, it is ordered that 
 the officers and employees in or under this Department included within the provi- 
 sions of the civil-service law and rules be, and they are hereby, arranged in the 
 following classes : 
 
 Class A. All persons receiving an annual salary of less than $720, or a compensa- 
 tion at the rate of less than $720 per annum. 
 
 Class B. All persons receiving an annual salary of $720 or more, or a compensation 
 at the rate of $720 or more, but less than $840 per annum. 
 
 Class C. All persons receiving an annual salary of $840 or more, or a compensation 
 at the rate of $840 or more, but less than $900 per annum. 
 
 Class D. All persons receiving an annual salary of $900 or more, or a compensation 
 at the rate of $900 or more, but less than $1,000 per annum. 
 
 Claws E. All persons receiving an annual salary of $1,000 or more, or a compensa- 
 tion at the rate of $1,000 or more, but less than $1,200 per annum. 
 
 Class 1. All persons receiving an annual salary of $1,200 or more, or a compensa- 
 tion at the rate of $1,200 or more, but less than $1,400 per annum. 
 
 Class 2. All persons receiving an annual salary of $1,400 or more, or a compensa- 
 tion at the rate of $1,400 or more, but less than $1^600 per annum. 
 
 Class B. All persons receiving an annual salary of $1,600 or more, or a compensa- 
 tion at the rate of $1,600 or more, but less than $1,800 per annum. 
 
 Class 4. All persons receiving an annual salary of $1,800 or more, or a compensa- 
 tion at the rate of $1,800 or more, but less than $2,000 per annum. 
 
 Class 5. All persons receiving an annual salary of $2,000 or more, or a compensa- 
 tion at the rate of $2,000 or more, but less than $2,500 per annum. 
 
 Class 6. All persons receiving an annual salary of $2,500 or more, or a compensa- 
 tion at the rate of $2,500 or more per annum. 
 
 It is provided , that this classification shall not include persons appointed to an 
 office by and with the advice and consent of the Senate, nor persons employed 
 as mere laborers or workmen; but all positions whose occupants are designated 
 as laborers or workmen and who were, prior to May 6, 1896, and are now, regularly 
 assigned to work of the same grade as that performed by classified employees, shall 
 be included within this classification. Hereafter no person who is appointed as a 
 laborer or workman, without examination under the civil-service rules, shall be 
 assigned to work of the same grade as that performed by classified employees. 
 
 It is also ordered, that no person shall be admitted into any place not excepted 
 from examination by the civil-service rules, in any of the classes above designated, 
 until he shall have passed an appropriate examination prepared by the United States 
 Civil Service Commission and his eligibility has been certified to this Department 
 by said Commission. 
 
 JOSEPH B. DOE, 
 Acting Secretary of War. 
 
46 THE MILITARY LAWS OF THE UNITED STATES. 
 
 improving or injuring the prospects or chances of any 
 person so examined, or to be examined, being appointed, 
 employed, or promoted, shall for each such offense be 
 deemed guilty of a misdemeanor, and upon conviction 
 thereof, shall be punished by a fine of not less than one 
 hundred dollars, nor more than one thousand dollars, or by 
 imprisonment not less than ten days, nor more than one 
 year, or by both such fine and imprisonment. Sec. 5, ibid. 
 smiatioT cla8 " 92. That within sixty days after the passage of this act 
 sec. 6, ibid, jt shall be the duty of the Secretary of the Treasury, in 
 as near conformity as may be to the classification of cer- 
 tain clerks now existing under the one hundred and sixty- 
 third section of the Revised Statutes, to arrange in classes 
 the several clerks and persons employed by the collector, 
 naval officer, surveyor, and appraisers, or either of them, 
 or being in the public service, at their respective offices in 
 each customs district where the Avhole number of said 
 clerks and persons shall be altogether as many as fifty. 
 And thereafter, from time to time, on the direction of the 
 President, said Secretary shall make the like classification 
 or arrangement of clerks and persons so employed, in con- 
 nection with any said office or offices, in any other customs 
 district. And, upon like request, and for the purposes of 
 this act, said Secretary shall arrange in one or more of said 
 classes, or of existing classes, any other clerks, agents, or 
 persons employed under his department in any said dis- 
 trict not now classified ; and every such arrangement and 
 classification upon being made shall be reported to the 
 President. 
 Post-office Second. Within said sixty days it shall be the duty of 
 
 classification. 
 
 the Postmaster- General, in general conformity to said one 
 hundred and sixty- third section, to separately arrange in 
 classes the several clerks and persons employed, or in the 
 public service, at each post-office, or under any postmaster 
 of the United States, where the whole number of said 
 clerks and persons shall together amount to as many as 
 fifty. And thereafter, from time to time, on the direction 
 of the President, it shall be the duty of the Postmaster- 
 General to arrange in like classes the clerks and persons 
 so employed in the postal service in connection with any 
 other post-office; and every such arrangement and classifi- 
 cation upon being made shall be reported to the President. 
 Third. That from time to time said Secretary, the Post- 
 master-General, and each of the heads of departments 
 mentioned in the one hundred and fifty-eighth section of 
 the Revised Statutes, and each head of an office shall, on 
 

 THE MILITARY LAWS OF THE UNITED STATES. 47 
 
 the direction of the President, and for facilitating the exe- 
 cution of this act, respectively revise any then existing 
 classification or arrangement of those in their respective 
 departments and offices, and shall, for the purposes of the 
 examination herein provided for, include in one or more of 
 such classes, so far as practicable, subordinate places, 
 clerks, and officers in the public service pertaining to their 
 respective departments not before classified for examina- 
 tion. Sec. 6, ibid. 
 
 93. That after the expiration of six months from the Examination 
 
 required tor ap- 
 
 passage of this act no officer or clerk shall be appointed, p illtment and 
 
 ' promotion. 
 
 and no person shall be employed to enter or be promoted sec. 7, Una. 
 
 in either of the said classes now existing, or that may be 
 
 arranged hereunder pursuant to said rules, until he has 
 
 passed an examination, or is shown to be specially exempted 
 
 from such examination in conformity herewith. But noth- 
 
 ing herein contained shall be construed to take from those 
 
 honorably discharged from the military or naval service Preference 
 
 any preference conferred by the seventeen hundred and 
 
 fifty-fourth section of the Eevised Statutes, 1 nor to take 
 
 from the President any authority not inconsistent with 
 
 this act conferred by the seventeen hundred and fifty-third 
 
 section 2 of said statutes; nor shall any officer not in the 
 
 executive branch of the Government, or any person merely 
 
 employed as a laborer or workman, be required to be classi- 
 
 fied hereunder; nor, unless by direction of the Senate, 
 
 shall any person who has been nominated for confirmation 
 
 by the Senate be required to be classified or to pass an 
 
 examination. Sec. 7, ibid. 
 
 94. That no person habitually using intoxicating bever- Persons using 
 ages to excess shall be appointed to, or retained in, any bever Jge C 8 at iiei 
 office, appointment, or employment to which the provisions ment. to appomt " 
 of this act are applicable. Sec. 8, ibid. Sec - 8 ' ibid - 
 
 95. That whenever there are already two or more mem- Members of a 
 bers of a family in the public service in the grades covered "lecJo, iWd. 
 by this act, no other member of such family shall be eligible 
 
 to appointment to any of said grades. Sec. 9, ibid. 
 
 96. That no recommendation of any person who shall 
 apply for office or place under the provisions of this 
 which may be given by any Senator or Member of the 
 House of Representatives, except as to the character or 
 residence of the applicant, shall be received or considered 
 by any person concerned in making any examination or 
 appointment under this act. Sec. 10, ibid. 
 
 
 'Paragraph 84, ante. 2 Paragraph 83, ante. 
 
48 THE MILITARY LAWS OF THE UNITED STATES. 
 
 segments 1 * *' 97t That DO Senator ? or Representative, or Territorial 
 sec.n,tMd. Delegate of the Congress, or Senator, Representative, or 
 Delegate elect, or any officer or employee of either of said 
 houses, and no executive, judicial, military, or naval officer 
 of the United States, and no clerk or employee of any 
 . Department, branch, or bureau of the executive, judicial, 
 or military or naval service of the United States, shall, 
 directly or indirectly, solicit or receive, or be in any man- 
 ner concerned in soliciting or receiving, any assessment, 
 subscription, or contribution for any political purpose what- 
 ever from any officer, clerk, or employee of the United 
 States, or any Department, branch, or bureau thereof, or 
 from any person receiving any salary or compensation from 
 moneys derived from the Treasury of the United States. 
 Sec. 11, ibid. 
 Soliciting con- 93. That no person shall, in any room or building occu- 
 
 tribntioBB rorpo- J 
 
 liiicai purposes pied in the discharge of official duties by any officer or 
 Sec. 12, ibid, employee of the United States mentioned in this act, or in 
 any navy-yard, fort, or arsenal, solicit in any manner what- 
 ever, or receive any contribution of money or any other 
 thing of value for any political purpose whatever. Sec. 12, 
 ibid. 
 changeofrank 99 ^Q officer or employee of the United States men- 
 
 or compensation. - 1 m * 
 
 sec. 13, iMc?. tioned in this act shall discharge, or promote, or degrade, 
 or in any manner change the official rank or compensation 
 of any other officer or employee, or promise or threaten so 
 to do, for giving or withholding or neglecting to make any 
 contribution of money or other valuable thing for any politi- 
 cal purpose. Sec. 13) ibid. 
 
 Political con- iQO. That no officer, clerk, or other person in the service 
 
 tributionsforbid- 
 
 de "ec 14 ibid ^ ^ ie United States shall, directly or indirectly, give or 
 hand over to any other officer, clerk, or person in the serv- 
 ice of the United States, or to any Senator or Member of 
 the House of Representatives, or Territorial Delegate, any 
 money or other valuable thing on account of or to be 
 applied to the promotion of any political object whatever. 
 Sec. 14, ibid. 
 Penalty for vio- 101. That any person who shall be guilty of violating 
 
 lation of preced- J 
 
 ing sections. any provision of the four foregoing sections shall be deemed 
 guilty of a misdemeanor, and shall, on conviction thereof, 
 be punished by a fine not exceeding five thousand dollars, 
 or by imprisonment for a term not exceeding three years, 
 or by such fine and imprisonment both, in the discretion of 
 the court. Sec. 15, ibid. 
 Applications 102. That hereafter every application for examination 
 
 for examination 
 
 to^be accompa- before the Civil Service Commission for appointment in the 
 cate of residence. Departmental service in the District of Columbia, shall be 
 
THE MILITARY LAWS OP THE UNITED STATES. - 49 
 
 accompanied by a certificate of an officer, with his official g/^.Jgij 1 ' 1890 v - 
 seal attached, of the county and State of which the appli- 
 cant claims to be a citizen, that such applicant was, at the 
 time of making such application, an actual and bona fide 
 resident of said county, and had been such resident for a 
 period of not less than six months next preceding; 
 
 103. But this provision shall not apply to persons who ti ^JJ5^JJf se f' 
 may be in the service and seek promotion or appointment to promotion, 
 in other branches of the Government. Act of July 11, 
 
 1890 (26 Stat. L., 235). 
 
 104. That section seventeen hundred and fifty-six of the Sa^'JU^g 
 Kevised Statutes be, and the same is hereby, repealed ; and 2 > v - & P- 22 - ' 
 hereafter the oath to be taken by any person elected or 
 appointed to any office of honor or profit either in the civil, 
 military, or naval service, except the President of the 
 
 United States, shall be as prescribed in section seventeen 
 hundred and fifty-seven 1 of the Revised Statutes. But 
 this repeal shall not affect the oaths prescribed by existing 
 statutes in relation to the performance of duties in special 
 or particular subordinate offices and employments. Sec. 2, 
 act May 13, 1884 (23 Stat. L., 22). 
 
 105. That the provisions of this act shall in no manner ex ^J n to ri a ^ e t g* 
 affect any right, duty, claim, obligation, or penalty now et ^ a ig 1884 g 
 existing or already incurred; and all and every such right, 3, v. 23, p. 22. ' 
 duty, claim, obligation, and penalty shall be heard, tried, 
 
 and determined, and effect shall be given thereto, in the 
 same manner as if this act had not been passed. Sec. 3, 
 ibid. 
 
 106. Whenever any person who is not rendered ineligible 
 to office by the provisions of the fourteenth amendment to 
 
 the Constitution is elected or appointed to any office of Feb. is, mi, 
 honor or trust under the Government of the United States. 
 
 , . ,. ..,..,,-, Sec. 1757, B.S. 
 
 and is not able, on account of his participation in the late 
 rebellion, to take the oath prescribed in the preceding sec- 
 tion, he shall, before entering upon the duties of his office, 
 take and subscribe in lieu of that oath the following oath : 
 " I, A B, do solemnly swear (or affirm) that I will support 
 and defend the Constitution of the United States against 
 all enemies, foreign and domestic; that I will bear true 
 faith and allegiance to the same; that I take this obliga- 
 tion freely, without any mental reservation or purpose of 
 evasion ; and that I will well and faithfully discharge the 
 duties of the office on which I am about to enter. So help 
 me God." 2 
 
 JPar. 106. 
 
 2 For definition of offiee see TJ. S. v. Germaine, 99, U. S., 508 and Mouat v. TJ. S., 124 
 TJ. S., 303. See, also, note 1 to paragraph 4 ante. 
 
 1910 4 
 
50 THE MILITARY LAWS OF THE UNITED STATES. 
 
 who may ad- iQ7. The oath of office required bv the preceding section 
 
 minister oath. . . 
 
 Aug. 6, 1861, c. may be taken before any officer who is authorized either by 
 326. 8 ' ' P the laws of the United States, or by the local municipal 
 
 1884%. 23, p 5 . 22. law, to administer oaths, in the State, Territory, or l)is- 
 
 sec.i758,R.s. trict where such oath may be administered. 
 Custody of oath. 108. The oath of office taken by any person pursuant to 
 2, 1862, p. the requirements of section seventeen hundred and fifty - 
 
 six, 1 or of section seventeen hundred and fifty-seven, shall 
 
 ' be delivered in by him to be preserved among the files of 
 
 the House of Congress, Department, or court to which the 
 
 office in respect to which the oath is made may appertain. 
 
 unauthorized 1Q9. No money shall be paid from the Treasury to any 
 
 office, no salary . / f 
 
 for. person acting; or assuming' to act as an officer, civil, mili- 
 
 Ffcb. 9, 1863, c. * ' '. 
 
 25, s. 2, v. 12, p. tary, or naval, as salary, m any office when the office is not 
 authorized by some previously existing law, unless such 
 ' office is subsequently sanctioned by law. 
 
 ceXi a appoint 1 10 - ^ money shall be paid from t he Treasury, as salary, 
 
 c?es to <hiriii aC re" ^ an ^ P erson appointed during the recess of the Senate 
 
 cess of senate. to fill a vacancy iii any existing office, if the vacancy ex- 
 
 25 F 8 3b 2 9 V 18 i2 ) p' isfod while the Senate was in session and was by law re- 
 
 64 k- quired to be filled by and with the advice and consent of 
 
 sec. HOI, R.S. the Senate, until such appointee has been confirmed by the 
 
 Senate. 
 
 HI- ^ money shall be paid or received from the Treas- 
 h Mar g 2 v i867 c urv ? or P ai( * or received from or retained out of any public 
 154, s. 9, v. 14, p. moneys or funds of the United States, whether in the Treas- 
 ury or not, to or by or for the benefit of any person ap- 
 ' pointed to or authorized to act in or holding or exercising 
 the duties or functions of any office contrary to sections 
 seventeen hundred and sixty- seven to seventeen hundred 
 and seventy, inclusive; nor shall any claim, account, 
 voucher, order, certificate, warrant, or other instrument 
 providing for or relating to such payment, receipt, or reten- 
 tion, be presented, passed, allowed, approved, certified, or 
 paid by any officer, or by any person exercising the func- 
 tions or performing the duties of any office or place of trust 
 under the United States, for or in respect to such office or 
 the exercising or performing the functions or duties thereof. 
 Every person who violates any of the provisions of this 
 section shall be deemed guilty of a high misdemeanor, and 
 shall be imprisoned not more than ten years, or fined not 
 more than ten thousand dollars, or both. 
 
 fSes ld by V li2 ' No person'who holds an office the salary or annual 
 SooL C rbidden! com P ensation attached to which amounts to the sum of 
 two tllousan( l nve hundred dollars shall be appointed to or 
 
 i .Repealed by act of May 13, 1884. (23 Stat. L., 22). 
 
THE MILITARY LAWS OF THE UNITED STATES. 51 
 
 hold any other office to which compensation is attached 
 unless specially heretofore or hereafter specially authorized 
 thereto by law; but this shall not apply to retired officers Retired officers 
 of the Army or Navy whenever they may be elected to ' ' 
 public office or whenever the President shall appoint them 
 to office, by and with the advice and consent of the Senate. 1 
 8ec. 2, act of July 31, 1894 (28 Stat. L., 205). 
 113. No allowance or compensation shall be made to any Extra services, 
 
 17 no compensation 
 
 officer or clerk, by reason of the discharge of duties which for, e xce pt espe- 
 cially authorized 
 belong to any other officer or clerk in the same or any other i>y la w. 
 
 Aiii* 26 184*^ 
 
 Department; and no allowance or compensation shall be ^202, s. 12, V. 5, P '. 
 made for any extra services whatever, which any officer or 
 clerk may be required to perform, unless expressly author- 
 ized by law. 2 
 
 'The traditions arid usages of the United States recognize the policy and pro- 
 priety of employing, when necessary, the same person at the same time in two distinct 
 capacities. Not to mention other familiar cases, there are the prominent examples 
 of the diplomatic mission of Mr. Jay to England, under President Washington, 
 while he was still Chief Justice of the United States; of the mission of Mr. Gallatin 
 to London and St. Petersburg, to negotiate a peace, while Secretary of the Treasury 
 under President Madison; and of Mr. Justice Nelson, sitting as a member of the 
 commission which concluded the treaty of Washington, under President Grant. 
 On the other hand, it is the undoubted aim of general legislation respecting salaries 
 to gaitue the work so as to give full employment to the capacities of the man likely 
 to be- appointed to do it, and to measure the pay according to the -work. In con 
 strning statutes restraining the Executive from giving dualor extra compensation, 
 courts have aimed to carry out the legislative intent by giving them sufficient flexi- 
 bility not to injure the public service and sufficient rigidity to prevent executive 
 abuse. Landram v. IT. S., 16 C. Cls. K., 74, 82. The great object has been to estab- 
 lish by law the compensation for public services, whether in offices or agencies, 
 where the nature and character of the duties to be performed were sufficiently known 
 and definite to enable Congress to form an estimate of its value, and not leave it to 
 the discretion of the head of an Executive Department. * * * These sections "can 
 by no fair interpretation bo held to embrace an employment which has no affinity or 
 connection, either in its character or by law or usage, with the line of his official 
 duty, and where the service to be performed is of a different character and for a dif- 
 ferent place and the amount of compensation is regulated by law. * * * The just 
 and i'air inference from these acts of Congress taken together is that no discretion 
 is left to the head of a Department to allow an officer, who has a fixed compensation, 
 any credit beyond his salary, unless the service he has performed is required by 
 existing laws and the remuneration for them is fixed by law." Converses. TJ. S', 
 21 How., 463, 470, 473; U. S. v. Brindle, 110 IT. S., 688, 694; U. S. v. Shoemaker, 7 
 Wall., 338; Meigs v. IT. S., 19 C. Cls. 11., 497; 15 Opin. Att. Gen., 608. 
 
 A question having arisen as to the payment of a per diem to the members and 
 certain employees of the Bering Sea Tribunal of Arbitration, it was held: Aa to 
 Justice Harlau and Senator Morgan, that the terms of section 1763 of the Revised 
 Statutes, as amended by the act of July 31, 1894 (28 Stat. L., 205), did not apply, as 
 they had been appointed to separate and distinct offices not incompatible with the 
 offices of justice of the Supremo Court, Senator of the United States, and retired 
 judge. Payments to them were therefore allowed. U. S. v. Saunders, 120 TJ. S., 126. 
 As to Senator Morgan, it waa held that membership of a tribunal of arbitration did 
 not constitute the holding of office under the authority of the United States under 
 article 1, section 6, of the Constitution, and that Senator Morgan was not thereby 
 prohibited from sitting thereon. The payment of per diem allowances to clerks and 
 other regular employees of the United States, who had been detailed from the several 
 Executive Departments to assist the tribunal in its labors, was held to be unau- 
 thorized under section 1765 of the Revised Statutes. Held, tinder this section, that 
 a major and paymaster in the Army, detailed as disbursing officer of the Bering 
 Sea Tribunal of Arbitration at Paris, could not receiA T e any other allowances or 
 emoluments than those specified in this section as allowable to officers of the Army. 
 Compt, Dec., 1893-94, 275. 
 
 A compensation for extra services, where no certain allowance is fixed by law, 
 can not be paid by the head of a Department to any officer of the Government who 
 has, bylaw, a certain compensation in the office he holds. 10 Opin. Att. Gen., 31. 
 The various provisions of law forbidding extra allowance or additional pay for extra 
 service, imply extra-service pay or allowance in the same office, not distinct service in 
 distinct offices. 8 Opin. Att. Gen. ,325. Where the service is one required bylaw, 
 but not of any pai'ticular official, and compensation therefor is fixed by competent 
 authority, and is appropriated, any officer who, under due authorization, performs 
 the service is entitled to the compensation. 15 Opin. Att. Gen., 608. See also Con- 
 verse admr. v. U. S., 21 How., 463 ; U. S. v. Shoemaker, 7 Wall., 338 ; Stansbury v. U. S., 
 8 Wall., 33. But see, for exception, sec. 7, act of June 3, 1896 (29 Stat. L., 235) . 
 
 "Stausbury v. U. S., 8 Wall., 33. 
 
52 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Extra allow- \\^ t J$Q officer in any branch of the public service, or 
 
 ances. 
 
 Mar. M83M. any other person whose salary, 1 pay, or emoluments are 
 Aug. 23, 1842, c! fixed by law or regulations, shall receive any additional 
 
 183, s. 2, v. 5, p. I ' ' * 
 
 510. pay, extra allowance, or compensation, in any form what 
 
 Sec. 1765, B.S. ever, for the disbursement of public money, or for any 
 other service or duty whatever, unless the same is author- 
 ized by law and the appropriation therefor explicitly 
 states that it is for such additional pay, extra allowance, 
 or compensation. 2 
 
 officer in ar- 115. No money shall be paid to any person for his coin- 
 jun. 25, 1828, c. pensatiou who is in arrears 3 to the United States, until he 
 May' 20', 1836, o. has accounted for and paid into the Treasury all sums for 
 which he may be liable. In all cases where the pay or 
 sec. nee, R.S. sa j arv o f anv p ersoil j s withheld in pursuance of this sec- 
 tion, the accounting officers of the Treasury, if required to 
 do so by the party, his agent or attorney, shall report forth- 
 with to the Solicitor of the Treasury the balance due, and 
 the Solicitor shall, within sixty days thereafter, order suit 
 to be commenced against such delinquent and his sureties. 
 P res ident is authorized to make out and deliver, 
 
 154, s. G, v. 14, p. after the adjournment of the Senate, commissions for all 
 officers whose appointments have been advised and con- 
 
 Sec.l773,R.S. 
 
 a> N oftments to ^^' Whenever the President, without the advice and 
 
 Tnmur ary ofconsen ^ f tne Senate, designates, authorizes, or employs 
 
 154 1 V s V 8 i4 7 ' c ' an y P ersou to perform the duties of any office, he shall 
 
 431'. .' forthwith notify the Secretary of the Treasury thereof, and 
 
 sec. 1774, B.S. the Secretary of the Treasury shall thereupon communicate 
 
 such notice to ail the proper accounting and disbursing 
 
 officers of his Department. 
 
 Notification of jig. The Secretary of the Senate shall, at the close of 
 
 nominations, re- 
 
 jections, etc., to each session thereof, deliver to the Secretary of the Treas- 
 
 Seerotaryof ' 
 
 Treasury. ury, and to each of the Assistant Secretaries of the Treas- 
 
 154, 8/7, V. 14,' p'. ury, and to each of the Auditors, and to each of the Comp- 
 
 trollers in the Treasury, and to the Treasurer, and to the 
 
 Sec - 1775 - B<s< Register of the Treasury, a full and complete list, duly 
 
 certified, of all the persons who have been nominated to 
 
 and rejected by the Senate during such session, and a like 
 
 list of all the offices to which nominations have been made 
 
 and not confirmed and filled at such session. 
 
 1 Salary is fixed when it is at a stipulated rate for a definite period of time ; pay or 
 emolument is fixed when the amount is agreed upon and the service is defined. 
 Hedrick v. U. S., 16 C. Cls. R., 88. 
 
 2 See note 1 to paragraph 112, supra. 
 
 3 The phrase " who is in arrears to the United States" contained in the act of Jan- 
 uary 25, 1828 (sec. 1766, R. S.), applies only to persons who, having had previous trans- 
 actions of a pecuniary nature with the Government, are found, upon the settlement 
 of those transactions, to be in arrears. 3 Opin.Att. Gen.,52. See also the title 
 Stoppages, in the chapter entitled THE PAY DEPABTMENT. 
 
 4 For statutory provisions respecting comiuisssions in the Army and Navy see the 
 chapter entitled COMMISSIONED OFFICEBS. 
 
THE MILITARY LAWS OF THE UNITED STATES. 53 
 
 119. Whenever any public office is removed by reason of ol ^ moval of 
 sickness which may prevail in the town or city where it is Apr- 21, isoe, c. 
 located, a particular account of the cost of such removal 
 
 , ., , f Sec. 1776, R.S. 
 
 shall be laid before Congress. 
 
 120. The various officers of the United States to whom, Preservation of 
 
 c, . -. . T /. ,, ,, . 'copies of Statutes 
 
 in virtue of their offices and lor the uses thereof, copies of at Large. 
 the United States Statutes at Large, published by Little, ioo,'". g i, v.9,p.75i 
 Brown and Company, have been or may be distributed at sec.i777,R.s. 
 the public expense, by authority of law, shall preserve such 
 copies, and deliver them to their successors respectively as 
 a part of the property appertaining to the office. A printed 
 copy of this section shall be inserted in each volume of the 
 Statutes distributed to any such officers. 
 
 121. In all cases in which, under the laws of the United Taking oaths, 
 
 ac kno wledg- 
 
 States, oaths or acknowledgments may now be taken or me ts,etc. 
 made before any justice of the peace of any State or Terri- 52, v. V P . 458J 
 tory, or in the District of Columbia, they may hereafter be i59, y s. i,' v. id, p! 
 also taken or made by or before any notary public duly c. sbo.TlofV. is] 
 appointed in any State, district, or Territory, or any of the ml? c! BOV. io| 
 commissioners of the circuit courts, and, when certified p ' 206 ' 
 under the hand and official seal of such notary or cominis- Sec - 1778 R - s 
 sioner, shall have the same force and effect as if taken or 
 made by or before such justice of the peace. 
 
 122. No executive officer, other than the heads of De- Restriction 
 
 partments, shall apply more than thirty dollars, annually, 
 out of the contingent fund under his control, to pay for e Mar. 3, 1339, c. 
 newspapers, pamphlets, periodicals, or other books or prints 82 ' 
 not necessary for the business of his office. Sec * 1779 ' B * s * 
 
 123. Every officer who neglects or refuses to make any Failure to make 
 
 , . , , . , , , , returns or re- 
 
 return or report which he is required to make at stated ports. 
 
 times by any act of Congress or regulation of the Depart- 201, 
 
 ment of the Treasury, other than his accounts, within the 18i 
 
 time prescribed by such act or regulation, shall be fined Sec - 1780 B - s - 
 
 not more than one thousand dollars and not less than one 
 
 hundred. 
 
 124. Every member of Congress or any officer or agent Prohibition 
 
 r- ,i /-, i i . , , . , . upon taking con- 
 
 oi the Uovernment who, directly or indirectly, takes, re- 
 
 
 curing contracts. 
 
 ceives, or agrees to receive, any money, property, or other offices, etc. 
 valuable consideration whatever, from any person for pro- i8o, u vT i2 6 ' p 86 !?? \ 
 curing, or aiding to procure, any contract, office, or place, v.w',p^69& 3>c ' Glf 
 from the Government or any Department thereof, or from s ec .i78i,R.s. 
 any officer of the United States, for any person whatever, 
 or for giving any such contract, office, or place, to any per- 
 son whomsoever, and every person who, directly or indi- 
 rectly, offers or agrees to give, or gives, or bestows any 
 money, property, or other valuable consideration whatever. 
 
54 THE MILITARY LAWS OF THE UNITED STATES. 
 
 for the procuring or aiding to procure any such contract, 
 office, or place, and every member of Congress Avho, di- 
 rectly or indirectly, takes, receives, or agrees to receive 
 any money, property, or other valuable consideration what- 
 ever after his election as such member, for his attention to, 
 services, action, vote, or decision on any question, matter, 
 cause, or proceeding which may then be pending, or may 
 by law or under the Constitution be brought before him in 
 his official capacity, or in his place as such member of Con- 
 gress, shall be deemed guilty of a misdemeanor, and shall 
 be imprisoned not more than two years and fined not more 
 than ten thousand dollars. And any such contract or 
 agreement may, at the option of the President, be declared 
 alsolutely null and void ; and any member of Congress or 
 officer convicted of a violation of this section, shall, more- 
 over, be disqualified from holding any office of honor, profit, 
 or trust under the Government of the United States. 1 
 Upon taking 125. No Senator, Representative, or Delegate, after his 
 
 compensation m t 
 
 matters to which election and during his continuance in office, and no head 
 
 United States is 
 
 a party. of a Department, or other officer or clerk in the einplov ot 
 
 Juno 11, 1864, , 
 
 c. 119, v. is, p. 123. the Government, shall receive or agree to receive any com- 
 sec. 1782, R. s. pensation whatever, directly or indirectly, for any services 
 rendered, or to be rendered, to any person, either by him- 
 self or another, in relation to any proceeding, contract, claim, 
 controversy, charge, accusation, arrest, or other matter or 
 thing in which the United States is a party, or directly or 
 indirectly interested, before any Department, court-martial, 
 Bureau, officer, or any civil, military, or naval commission 
 whatever. Every person offending against this section 
 shall be deemed guilty of a misdemeanor, and shall be im- 
 prisoned not more than two years, and fined not more than 
 ten thousand dollars, and shall, moreover, by conviction 
 therefor, be rendered forever thereafter incapable of hold- 
 ing any office of honor, trust, or profit under the Govern- 
 ment of the United States. 
 Persons inter 126. No officer or agent of anv banking or other conirner- 
 
 estednottoactas 
 
 agents of thecial corporation, and no member of any mercantile or trad- 
 
 Government. . * . . 
 
 jtfar. 2, 1863, c. mg firm, or person directly or indirectly interested 111 the 
 
 698. 8 ' pecuniary profits or contracts of such corporation or firm, 
 
 sec. i788,u.s. shall be employed or shall act as an officer or agent of the 
 
 ' Sections 1781 and 1782 of the Revised Statutes mate it illegal for an officer of the 
 United States to have that sort of connection with a Government contract which an 
 agent, attorney, or solicitor assumes when he procures, or aids iu procuring, such 
 contract for another, or when he prosecutes for another any claim against the Gov- 
 ernment founded thereon. 14 Opin. Att. Gen., 483. But there is in the statutes no 
 general provision whereby officers of the executive branch of the Government are 
 forbidden to contract directly with the Government as principals, in matters sepa- 
 rate from their offices and in no way connected with the performance of their official 
 duties ; nor are those officers forbidden to be connected with such contracts, after 
 they are procured, by acquiring an interest therein. Ibid. 
 
THE MILITARY LAWS OF THE UNITED STATES. 55 
 
 United States for the transaction of business with such cor- 
 poration or firm ; and every such officer, agent, or member, 
 or person, so interested, who so acts, shall be imprisoned 
 not more than two years, and fined not more than two thou- 
 sand dollars nor less than five hundred dollars. 
 
 127. :N T o officer, clerk, or employee in the United States c ^^SLi' 
 Government employ shall at any time solicit contributions P^^ ctc '' * 
 from other officers, clerks, or employees in the Government 1] r b j 1> 18 gg' c< 
 service for a gift or present to those in a superior official Sec>1784 B s 
 position; nor shall any such officials or clerical superiors 
 
 receive any gift or present offered or presented to them 
 as a contribution from persons in Government employ re- 
 ceiving a less salary than themselves; nor shall any officer 
 or clerk make any donation as a gift or present to any offi- 
 cial superior. Every person who violates this section shall 
 be summarily discharged from the Government employ. 
 
 128. That all executive officers or employees of the United 
 States not appointed by the President, with the advice and 
 consent of the Senate, are prohibited from requesting, giv- ^r political p 
 ing to, or receiving from, any other officer or employee f 18 ^5% 6 i^ u|r j 
 the Government, any money or property or other thing of 
 
 value for political purposes; and any such officer or em- 
 ployee, who shall offend against the provisions of this sec- 
 tion shall be at once discharged from the service of the 
 United States ; and he shall also be deemed guilty of a mis- 
 demeanor, and on conviction thereof shall be fined in a sum 
 not exceeding five hundred dollars. 1 Sec. 6, act of August 
 15, 1876 (19 Stat. L., 169). 
 
 1 This section was held to be constitutional by the Supreme Court in Ex parte 
 Curtis, 106 U. S., 371. 
 
CHAPTER V. 
 
 THE DEPARTMENT OF THE TEEASUEY THE 
 ACCOUNTING OFFICERS. 
 
 Par. 
 
 129. The Department of the Treas- 
 
 ury. 
 
 130. Public accounts to be settled 
 
 in the Department of the 
 Treasury. 
 
 131. Commencement of the fiscal 
 
 year. 
 
 Par. 
 
 132. Transmission of monthly ac- 
 
 counts. Auditors may dis- 
 approve requisitions on 
 delinquency. Secretary of 
 Treasury to prescribe rules 
 for rendition of accounts. 
 
 133. Secretary of Treasury to re- 
 
 port delinquent officers. 
 
 129. There shall be at the seat of Government an Execu- 
 Treasury. tive Department to be known as the Department of the 
 
 Sept. 2, 1789, c. 
 
 12, s. i, v. i, p. 65. Treasury, and a Secretary of the Treasury, who shall be 
 sec. 233, R. s. the head thereof. 
 
 ACCOUNTS. 
 
 of th 
 
 13 - A11 claims and demands whatever by the United 
 & a i ns ^ them, and all accounts whatever in which 
 
 Sec. 236, B. s. United States are concerned, either as debtors or as 
 creditors, shall be settled and adjusted in the Department 
 of the Treasury. 1 
 
 1 Claims. In the performance of the fluty imposed by this statute the Secretary 
 of the Treasury is not subject to the control of the courts of the "Tinted Stales and, 
 the duty not being ministerial in character, a writ of madamus will not lie to compel 
 the allowance of a claim presented under the statute. Kendall v. Stockton, 12 Pet., 
 524; Decaturv. Paulding, 14 Pet., 497, 515; U. S. v. Gnthrie, 17 How., 284, 304; Bra- 
 shear v. Mason, G How., 92, 102. Such action on the part of the courts would also be 
 in the nature of entertaining a suit against the United States, which is not within 
 their jurisdiction. U. S. v. Guthrie, 17 How., 284, 305. 
 
 Where a claim within the scope of Lis official authority was submitted to the Sec- 
 retary of the Treasury, and by him decided adversely, it is incompetent for his offi- 
 cial successor to set the same aside or reopen it unless there has been a mistake in 
 a matter of fact or material testimony discovered and produced. 5 Opin. Att. Gen., 
 604. A head of a Department of the Government has no right to review the acts of 
 his predecessors, except to correct an error of calculation . Ho cannot recall a credit 
 given or allowance made. Such action is for the judiciary. U. S. v. Bank of Me 
 tropolis, 15 Pet., 377. 
 
 Oompro-mise of claims. Claims against the United States which are disputed by 
 the officers authorized to adjust such accounts may be compromised, and if the 
 claimant voluntarily enters into such a compromise and accepts a smaller sum than 
 
 56 
 
THE MILITARY LAWS OF THE UNITED STATES. 57 
 
 131. The fiscal year of the Treasury of the United States commencement 
 
 of the fiscal year. 
 
 in all matters of accounts, receipts, expenditures, estimates, 20 ^ u f 2<u&2, c . 
 and appropriations, except accounts of the Secretary of536' ; May8, v i872,' 
 the Senate for compensation and traveling expenses of Sena- P. ei ; ' Mar. 3', 
 
 , , , , . 1873, c. 226, s. 1. 
 
 commence on the first day of July in each year; v. 17, p. 486. 
 
 and all accounts of receipts and expenditures required by sec. 227, R. s. 
 law to be published annually shall be prepared and pub- 
 lished for the fiscal year as thus established. The fiscal 
 year for the adjustment of the accounts of the Secretary 
 of the Senate for compensation and traveling expenses of 
 Senators 1 shall extend to and include the third day of July. 
 132. All monthly accounts shall be mailed or otherwise Transmission 
 
 or monthly, etc., 
 
 sent to the proper officer at Washington within ten days accounts. 
 
 after the end of the month to which they relate, and quar- 1894, v. 28, p. 209'. 
 
 terly and other accounts within twenty days after the pe- 
 
 riod to which they relate, and shall be transmitted to and 
 
 received by the Auditors within twenty days of their actual 
 
 receipt at the proper office in Washington in the case of 
 
 monthly, and sixty days in the case of quarterly and other 
 
 accounts. Should there be any delinquency in this regard .Auditor may 
 
 at the time of the receipt by the Auditor of a requisition uisffions V on r de- 
 
 for an advance of money, he shall disapprove the requisi- 
 
 tion, which he may also do for other reasons arising out of 
 
 the condition of the officer's accounts for whom the ad- 
 
 vance is requested; but the Secretary of the Treasury may 
 
 overrule the Auditor's decision as to the sufficiency of these 
 
 latter reason s : Provided, That the Secretary of the Treasury Provisos. 
 
 shall prescribe suitable rules and regulations, and may make Treasoryto pro. 
 
 order sin particular cases, relaxing the requirement of mail- reSution of 
 
 ing or otherwise sending accounts, as aforesaid, within ten co 
 
 the claim and executes a discharge in full for the whole claim, he is bound by the 
 adjustment and can not sue for what he has voluntarily relinquished. Sweeny v. 
 U. S., 17 Wall., 75, 77; Mason v. U. S., ibid, 67. 
 
 Set-off. When a person is both debtor and creditor of the United States, in any 
 form, the officers of the Treasury Department in settling the accounts, not only have 
 the power, but are required, in the proper discharge of their duties, to set oft' the one 
 indebtedness against the other, and to allow and certify for payment only the bal- 
 ance found due on one side or the other. * * * The right of set-oft' in such cases 
 exists independently of these enactments (sec. 1766, Rev. Stat., and the act of March 
 3, 1875; 1 Sup. to Key. Stat., 185), and is founded upon what is now section 236 of the 
 Revised Statutes. Taggart v. U. S., 17, C. Cls. R., 322, 327 ; McKnight's Case, 13 ibid., 
 292; Bonnafon's, Case, 14 ibid. ,489; Howes w. U.S., 24 ibid., 170; Reeside v. Walker, 11 
 How., 272, 290. The power in the matter of set-otts conferred upon the Secretary of 
 the Treasury by the act of March 3, 1875 (18 Stat. L., 481), is exclusive, and can not 
 be exercised by the courts. U. S. v. Griswold, 30 Fed. Rep., 604. 
 
 Settled accounts in the Treasury Department, where the United States have acted 
 on the settlement and paid the balance therein found due, can not he opened or set 
 aside years afterwards merely because some of the prescribed steps in the account- 
 ing which it was the duty of a head of a Department to see had been taken had in 
 fact been omitted, or on account of technical irregularities when the remedy of the 
 party against the United States is barred by the statute of limitation and the reme- 
 dies of the United States are intact, owing to its not being subject to an act of limi- 
 tation. U. S. fl. Johnston, 124 U. S., 236, 1 Compt. Dec., 192. ' 
 
 Extendedby section 9, act of October 1, 1890 (26 Stat. L.,G4f>), to include the 
 accounts of the Sergeant-at-Arms of the House of Representatives for compensa- 
 tion and mileage of Members and Delegates. 
 
58 THE MILITARY LAWS OP THE UNITED STATES. 
 
 or twenty days, or waiving delinquency, in such cases 
 only in which there is, or is likely to be, a manifest phys- 
 ical difficulty in complying with the same, it being the pur- 
 pose of this provision to require the prompt rendition of 
 accounts without regard to the mere convenience of the 
 officers, and to forbid the advance of money to those del in - 
 s" ( l uent iu rendering them: Provided further, That should 
 there be a delay by the administrative Departments be- 
 yond the aforesaid twenty or sixty days in transmitting 
 accounts, an order of the President [or, in the event of 
 the absence from the seat of Government or sickness of the 
 President, an order of the Secretary of the Treasury] in the 
 particular case shall be necessary to authorize the advance 
 of money requested: And provided further, That this sec- 
 tion shall not apply to accounts of the postal revenue and 
 expenditures therefrom, which shall be rendered as now 
 required by law. 1 Sec. 12, act of July 31, 1894. 
 
 Tr S et c s r ury ry to re f 133 The Secretary of the Treasury shall, on the first 
 officers inq " ent Monday of January in each year, make report to Congress 
 1896 v 29^179' ^ sucn officers and administrative departments and offices 
 of the Government as were, respectively, at any time dur- 
 ing the last preceding fiscal year delinquent in rendering 
 or transmitting accounts to the proper offices in Washington 
 and the cause therefor, and in each case indicating whether 
 the delinquency was waived, together with such officers, 
 including postmasters and officers of the Post-Office De- 
 partment, as were found upon final settlement of their 
 accounts to have been indebted to the Government, with 
 the amount of such indebtedness in each case, and who, at 
 the date of making report, had failed to pay the same into 
 the Treasury of the United States. 2 Sec. 4, act of May 28, 
 1896 (29 Stat. L., 179). 
 
 1 Amended by the insertion of the clause in brackets by section 4 of the act of 
 March 2, 1895. (28 Stat. L., 817.) 
 
 2 Section 8 of the act of July 31, 1894, provides "that the balances that may be 
 certified from time to time by the Auditors in the settlement of public accounts 
 shall be final and conclusive upon the Executive Departments of the Government, 
 except that any person whose accounts may have been settled, the head of a Depart- 
 ment, or of the board, commission, or establishment, not under the jurisdiction 
 of an Executive Department, or the Comptroller of the Treasury may, within a 
 year, obtain a revision of the account by the Comptroller of the 'Treasury, whose 
 decision upon such revision shall bo iinal and conclusive upon the executive branch 
 of the Government: Provided, That the Secretary of the Treasury may, when in 
 his judgment the interests of the Government require it, suspend payment and 
 direct the reexaminatiou of any account." Sec. 8, actof July 31, 1894 (28 Stat. L., 207.) 
 
 Section 260 of the Revised Statutes requires that the Secretary of the Treasury 
 shall lay before Congress at the commencement of each regular session, accompany- 
 ing his annual statement of the public expenditure, the reports which may be made 
 to him by the Auditors charged with the examination of the accounts of the Depart- 
 ment of War and the Department of the Navy, respectively, showing the application 
 of the money appropriated for those Departments for the preceding year. 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 59 
 
 THE ACCOUNTING OFFICERS. 
 
 Par. 
 
 134. The Comptroller of the Treas- 
 
 ury. 
 
 135. Comptroller to prescribe 
 
 forms. 
 
 136. Comptroller's decision to gov- 
 
 ern in accounts. 
 
 137. Comptroller may direct settle- 
 
 ment of particular accounts. 
 
 138. Auditors of the Treasury; 
 
 duties. 
 
 139. Auditor for War Department. 
 
 140. Auditors to recover debts. 
 
 141. Certified balances conclusive 
 
 on Executive Departments. 
 
 142. Certificate of differences on 
 
 revision. 
 
 143. Accepting payment on Audi- 
 
 tor's settlement conclusive. 
 Suspensions. 
 
 144. Auditors to preserve accounts. 
 
 145. Decisions of Auditors to be 
 
 examined, etc., by Comp- 
 troller. 
 
 146. Requisitions for advances of 
 
 funds. Warrants. 
 
 147. The Division of Bookkeeping 
 
 and Warrants. 
 
 148. The Secretary of the Treasury 
 
 to report delinquents. 
 
 149. Examination of certain 
 
 claims. 
 
 150. Certification of Treasury rec- 
 
 ords. 
 
 Par. 
 
 151. Revision of accounts pending 
 
 on October 1, 1894. 
 
 152. Sectretary of Treasury to 
 
 make rules for new method 
 of accounting, etc. 
 
 153. Rules to be made by heads 
 
 of Executive Departments? 
 etc. 
 
 154. Comptroller, Auditors, etc., 
 
 not new offices. 
 
 155. Transfer of duties to Audi- 
 
 tors. 
 
 156. Settled claims not to be re- 
 
 opened. 
 
 157. New system of accounting in 
 
 force October 1, 1894, 
 
 158. Duties of Auditor for War 
 
 and Navy Departments. 
 
 159. Settlement of accounts of 
 
 Army officers. 
 
 160. Settlement of advance boun. 
 
 ties paid by paymasters. 
 
 161. Settlement of overpayments 
 
 by paymasters. 
 
 162. Evidence of honorable dis. 
 
 charge to bo returned to 
 officers and enlisted men. 
 
 163. Allowance of lost checks. 
 
 164. Claims for quartermasters' 
 
 stores. 
 
 165. Claims for subsistence. 
 
 THE COMPTROLLER OF THE TREASURY. 
 
 134. The offices of Commissioner of Customs, Deputy Coin- The Comptrol- 
 ler of the Treas- 
 
 missioner of Customs, Second Comptroller, Deputy Second "ry. 
 Comptroller, and Deputy First Comptroller of the Treas- 1894,^.28^.206.' 
 ury are abolished, and the First Comptroller of the Treas- 
 ury shall hereafter be known as Comptroller of the 
 Treasury. He shall perform the same duties and have 
 the same powers and responsibilities (except as modified 
 by this act) as those now performed by or appertaining to 
 the First and Second Comptrollers of the Treasury and the 
 Commissioner of Customs; and all provisions of law not 
 inconsistent with this act, in any way relating to them or 
 either of them, shall hereafter be construed and held as 
 relating to the Comptroller of the Treasury. His salary 
 shall be five thousand five hundred dollars per annum. 
 There shall also be an Assistant Comptroller of the Treas- 
 ury, to be appointed by the President, with the advice and 
 
60 THE MILITARY LAWS OF THE UNITED STATES. 
 
 consent of the Senate, who shall receive a salary of five 
 thousand dollars per annum, and a chief clerk in the office 
 of the Comptroller of the Treasury, who shall receive a 
 salary of two thousand five hundred dollars per annum. 
 Sec. 4, act of July 31, 1891 (28 Stat. L., 206). 
 
 presSe ^ 135t The Comptroller of the Treasury shall, under the 
 
 ot sec 5 ibid direction of the Secretary of the Treasury, prescribe the 
 
 forms of keeping and rendering all public accounts, except 
 
 those relating to the postal revenues and expenditures 
 
 therefrom. 1 Sec. 5, ibid. 
 
 dedsSn^to 1 ^ 8 - 1^6. Disbursing officers, or the head of any Executive 
 er sec C 8$X!?' Department, or other establishment not under any of the 
 Executive Departments, may apply for and the Comptroller 
 of the Treasury shall render his decision upon any question 
 involving a payment to be made by them or under them, 
 which decision, when rendered, shall govern the Auditor 
 and the Comptroller of the Treasury in passing upon the 
 account containing said disbursement. 2 Sec. 8, ibid. 
 
 ma direct8 ettfc r *^' ^ Comptroller of the Treasury, in any case where, 
 ment of particn- in his opinion, the interests of the Government require it, 
 
 lar accounts. 
 
 July si, 1894, shall direct any of the Auditors forthwith to audit and 
 'sec. 6^ ibid. settle any particular account which such Auditor is 
 sec. 271, R. s. authorized to audit and settle. Sec. 6, ibid. 
 
 THE AUDITORS OF THE TREASURY. 
 
 f 138< Tlie Auditor s of the Treasury shall hereafter be 
 06 designated as follows : The First Auditor as Auditor for 
 the Treasury Department; the Second Auditor as Auditor 
 for the War Department; the Third Auditor as Audi- 
 
 1 So much of section 248, Revised Statutes, as authorizes the Secretary of the 
 Treasury to prescribe the forms of keeping and rendering all public accounts, except 
 those relating to the postal revenue and expenditures therefrom, is, by section 5 of 
 the act of July 31, 1894, vested in the Comptroller of the Treasury. (28 Stat. L., 206.) 
 
 2 Under the provisions of the act of July 31, 1894, the Comptroller of the Treasury 
 is authorized to render decisions, in advance of the settlement of accounts, only upon 
 the request of a disbursing officer or the head of an Executive Department, as pro- 
 vided in section 8 of said act. 1 Compt. Dec., 87. 
 
 Under section 8 of the act of July 31, 1894, the Comptroller of the Treasury is 
 authorized to render decisions, on the application of a disbursing officer or the head 
 of an Executive Department, only upon questions involved inpayments to bo made 
 by them or under them, and until the head of a Department having control of an 
 appropriation determines to apply it to >a particularpnrpo.se thereis no question which 
 can be properly submitted for the Comptroller's decision. Ibid., 89. The Comp- 
 troller is not authorized to render a decision at the request of the Secretary of the 
 Treasury when the question involved concerns the use of an appropriation under 
 the control of the Secretary of War. Ibid., 317. 
 
 When an expense has not yet been incurred, and a decision of the Comptroller is 
 desired for the guidance of 'a Department, the request therefor should be presented 
 by the head of the Department having control of the appropriation, and not by the 
 disbursing officer. Ibid., 500. 
 
 Under section 8 of this statute, authorizing an application by the head of an 
 Executive Department to the Comptroller of the Treasury for the revision of an 
 account settled by an Auditor, the Comptroller has no jurisdiction to entertain such 
 an application when made by the head of a Bureau of a Department. Ibid., 199. 
 Nor can such a decision be rendered upon the application of an Auditor. Ibid., 78. 
 
 Requests for the decision of the Comptroller under section 8 of the act of July 31, 
 1894, must be made by the disbursing officer himself, and not by an attorney author- 
 ized to represent him in the settlement of his account. Ibid., 502. The Comptroller 
 is authorized to render a decision upon the request of a disbursing officer only when 
 the question submitted is one involved in a payment which he has been directed, by 
 general or special order, to make. Ibid., 500. 
 
THE MILITARY LAWS OF THE UNITED STATES. 61 
 
 tor for the Interior Department 5 the Fourth Auditor as 
 Auditor for the Navy Department; the Fifth Auditor 
 as Auditor for the State and other Departments; the 
 Sixth Auditor as Auditor of the Post-Office Department. 
 The designations of the deputy auditors and other subordi- 
 nates shall correspond with those of the Auditors. And 
 each deputy auditor, in addition to the duties now required Duties. 
 to be performed by him, shall sign, in the name of the 
 Auditor, such letters and papers as the Auditor may 
 direct. Sec. 5, act of July 31, 1894 (28 Stat. L., 206). 
 
 139. Accounts shall be examined by the Auditors as fol- w Audi g r f or 
 lows: * * * Second. The Auditor for the War Depart- ment. 
 
 ment shall receive and examine all accounts of salaries and 
 incidental expenses of the office of the Secretary of War and 
 all bureaus and offices under his direction, all accounts 1 re- 
 lating to the military establishment, armories and arsenals, 
 national cemeteries, fortifications, public buildings and 
 grounds under the Chief of Engineers, rivers and harbors, 
 the Military Academy, and to all other business within the 
 jurisdiction of the Department of War, and certify the bal- 
 ances arising thereon to the Division of Bookkeeping and 
 Warrants, and send forthwith a copy of each certificate 
 to the Secretary of War. 2 tSec. 7, ibid. 
 
 140. The Auditors, under the direction of the Comptroller TO 4veVdebts 8 to 
 of the Treasury, shall superintend the recovery of all See4 > ibid - 
 debts finally certified by them, respectively, to be due to 
 
 the United States. Sec. 4, ibid. 
 
 141. The balances which may from time to time be certi- 
 
 fied by the Auditors to the Division of Bookkeeping and on Executive De- 
 
 partments, etc. 
 
 Warrants, or to the Postmaster-General, upon the settle- Sec - 8 ' ibid - 
 ments of public accounts, shall be final and conclusive upon 
 the Executive Branch of the Government, except that any 
 
 'An account is something which may be adjusted and liquidated by an arithmeti- 
 cal computation. One set of Treasury officers examine and audit the accounts; 
 another set is intrusted with the power of reviewing that examination and with the 
 further power of determining whether the laws authorize the payment of the 
 account when liquidated. But no law authorizes Treasury officials to allow and 
 pass in accounts a number not the result of arithmetical computation, upon a sub- 
 ject within the operation of the mutual part of a contract. Power v. U. S., 18 C. 
 Cls. K., 263, 275. A voucher given by an officer of the Government, in the regular 
 ' and ordinary course of his business, for services rendered, or articles purchased 
 for the public service, within the scope of his authority and the line ot his duty 
 unimpeached, is prima facie evidence of indebtedness on the part of the United 
 States, as therein stated. Parish v. U. S., 2 C. Cls. K., 341; Solomon v. U. S., 19 
 Wall., 17: and 9 C. Cls. K., 54. In this respect the executive officers who are 
 authorized to make contracts, employ services, or purchase property for the public 
 service, and whose duty it is to see to it that the money certified by them to be 
 due has been actually and fairly earned, within their own knowledge, while acting 
 in their official capacity, differ from the certified balances of the accounting officers. 
 In the examination of claims in the Treasury Department these accounting officers 
 act wholly upon the evidence presented to them by others, and have themselves no 
 personal knowledge of the facts upon which the claims are founded. It is one of 
 the fundamental principles upon which that Department is established, and a useful 
 and nice one it is, that the executive officers who pass upon public accounts shall be 
 different from those who are authorized to make contracts and incur liabilities in 
 the expenditure of public money. McCann v. U.S., 18 C. Cls. R., 445, 447. The 
 accounts under a contract remain open so long as anything remains to be adjusted 
 or paid. Parker r. U. S., 26 C. Cls. R., 344. 
 2 For additional duties of this officer see paragraph 158 post. 
 
62 'THE MILITARY LAWS OF THE UNITED STATES. 
 
 person whose accounts may have been settled, the head 
 of the Executive Department, or of the board, commission, 
 or establishment not under the jurisdiction of an Execu- 
 tive Department, to which the account pertains, or the 
 Comptroller of the Treasury, may, within a year, obtain a 
 Revision revision of the said account by the Comptroller of the 
 Treasury, whose decision upon such revision shall be final 
 and conclusive upon the Executive Branch of the Govern- 
 ti) Reexainina- meilt: Provided, That the Secretary of the Treasury may, 
 when in his judgment the interests of the Government 
 require it, suspend payment and direct the reexamination 
 of any account. * * * Sections one hundred and ninety- 
 one and two hundred and seventy of the Revised Statutes 
 are repealed. 1 Sec. 8, ibid. 
 Certificate of 142, Upon a certificate by the Comptroller of the Treasury 
 
 differences on re- . . 
 
 vision. of any differences ascertained by him upon revision the 
 
 Auditor who shall have audited the account shall state an 
 account of such differences, and certify it to the Division 
 of Bookkeeping and Warrants, except that balances found 
 and accounts stated as aforesaid by the Auditor for the 
 Post-Office Department for postal revenues and expendi- 
 tures therefrom shall be certified to the Postmaster- General. 
 Sec. 8, ibid. 
 
 m t?t ce Sn in lm 143 An y person accepting payment under a settlement 
 
 tor settlement ^y an Auditor shall be thereby precluded from obtaining a 
 
 revision of such settlement as to any items upon which pay- 
 
 J This paragraph expressly repeals section 1 of the act of March 30, 1808 (sec. 191, 
 Rev. Stat.). The clause "shall be conclusive upon the Executive Departments of 
 the Government," which formed a part of the repealed section, was enacted to settle 
 along-pending dispute between the accounting officers and the heads of Departments 
 as to their respective powers over claims and accounts, and has been interpreted to 
 relate "only to matters of accounting in the Treasury Department, and of ascertain- 
 ing the balance, in each particular account which shall be drawn from the Treas- 
 ury- * * * It makes conclusive upon the Executive Branch of the Government 
 only the 'balances' stated by the accounting officers and their 'decision thereon' 
 for the purpose of determining for what amounts, if any, warrants may be drawn 
 on the Treasury. * * * It does not make such decisions conclusive upon the 
 head of a Dep.ir'tment in the exercise of his discretion as to orders to be issued to 
 his subordinates in such connections as the one now under consideration." Billings v. 
 U. S., 2:5 C. CIs. R., 166 ; McKee v. United States, 12 ibid., 504. It was held in the case 
 of Surgeon Billings (23 C. CIs. R., 166) that the War Department had authority to 
 send a surgeon to the International Medical Congress, at London, at the expense of 
 the Government, that being a military service which a surgeon could be required to 
 render. In the case of Paymaster Smith (24 C. CIs. R., 209), it was held that the 
 employment of experts before a court-martial was within the legal and proper dis- 
 cretion of tho Secretary of War. In the case of The United States v. Jones (18 How., 
 92, 95) the court held "that the Secretary of the Navy represents the President, and 
 exercises his power on the subjects confided to his Department. He is responsible 
 to the people and to the law for any abuse of the powers intrusted to him. His acts 
 and decisions on subjects submitted to his jurisdiction and control by the Constitu- 
 tion and laws do not require the approval of any officer of any other Department to 
 make them valid and conclusive. The accounting officers of the Treasury have not 
 the burden cast upon them of reviewing the judgments, correcting the supposed mis- 
 takes, or annulling the orders of the heads of Departments." See, also, U. S. v. 
 McDaniel.7 Pet.,1, 14; U.S. v. Eliason, 16 Pet., 291; Brown v. U. S., 313 U.S., 568,571; 
 Edwards v. Darby, 12 Wheat,, 206; U. S. v. Pugh, 99 U. S., 265; Parkhurst v. U. S., 
 29 C. CIs. R.. 399. 
 
 When the Government is estopped from further controverting a question adjudi- 
 cated by a court of competent jurisdiction it is the duty of the accounting officers 
 to follow the decision in subseauent settlements of tho parties' accounts. The legis- 
 lation of Congress and the decisions of the Supreme Court unmistakably indicate 
 that judgments of this court, not appealed from, are obligatory upon the Govern- 
 ment as upon the claimant, and are intended to be guides and precedents for the 
 Executive Departments. Meigs v. U. S., 20 C. CIs. R., 181 ; U. S. v. O'Grady, 22 Wall., 
 641. 
 
 Administrative discretion in expenditures. Ordinarily, where discretionary power 
 
THE MILITARY LAWS OF THE UN /TED STATES. 63 
 
 nient is accepted; but nothing in this act shall prevent an 
 Auditor from suspending items in an account in order to 
 obtain farther evidence or explanations necessary to their 
 settlement. When suspended items are finally settled a 
 revision may be had as in the case of the original settlement. 
 Action upon any account or business shall not be delayed 
 awaiting applications for revision: 1 Provided, That the 
 Secretary of the Treasury shall make regulations fixing 
 the time which shall expire before a warrant is issued in 
 payment of an account certified as provided in sections 
 seven and eight of this act. Sec. 8, ibid. 
 
 144. The Auditors shall, under the direction of the Cornp- 
 troller of the Treasury, preserve with their vouchers and 
 certificates, all accounts which have been finally adjusted. 
 Sec. 8, ibid. 
 
 145. All decisions by Auditors making an original con- 
 struction or modifying an existing construction of statutes examined, etc., 
 shall be forthwith reported to the Comptroller of the Treas- sec. s, iud. 
 ury, and items in any account affected by such decisions 
 
 shall be suspended and payment thereof withheld until the 
 Comptroller of the Treasury shall approve, disapprove, or 
 modify such decisions and certify his actions to the Auditor. 
 All decisions made by the Comptroller of the Treasury 
 under this act shall be forthwith transmitted to the Audi- 
 tor or Auditors whose duties are affected thereby. 1 Sec. 8, 
 ibid. 
 
 is lodged iu a judicial officer, bis decision is not reviewable save by tbo court of 
 which he is a member, and then oiily when there has been a clear abuse of the dis- 
 cretion committed to him. Far more cogent reasons exist why this rule should bo 
 applied to administrative officers, who are empowered to use their discretion as to 
 the manner in which public moneys shall bo expended, for great embarrassment and 
 confusion might result if officers in one Executive Department could sit in judg- 
 ment upon the decisions of the officers of another Executive Department in cases in- 
 volving the exercise of judgment and discretion. 3 Dig. Compt. Dec., 21. Wherever 
 the exercise of discretion by the War Department in disbursing moneys appropri- 
 ated for the support of the Army is permitted by a statute, the manner in which 
 such discretion has been exercised is a matter of administration with which the 
 accounting officers have no concern. It is the province of the military authorities 
 to determine the needs of a given military depot or post and the quantity of a speci- 
 fied article to be allotted to said depot or post, while it is the province of the ac- 
 counting officers to determine whether or not Congress has made an appropriation 
 covering a specific expenditure, or whether or not such expenditure was made in 
 conformity with law. Ibid.. 21. The degree of wisdom displayed in the exercise of 
 the discretion given an officer of the Army, under the authority of the Secretary of 
 War, is not a subject for review by the accounting officers. If the officer is responsi- 
 ble for his action in the premises to any one, it is to the source from which he derived 
 his authority. Ibid., 22. 
 
 The evidence required by the War Department from the disbursing officers and 
 agents of the Army for administrative purposes is a matter peculiarly within the 
 jurisdiction of the Secretary of War. Ibid., 497. 
 
 1 Under the act of July 31 , 1894, the Auditors of the Treasury are not authorized to 
 render decisions in advance of the settlement of accounts,' such authority being, 
 by section 8 of said act, granted only to the Comptroller of the Treasury. (1 Compt. 
 Dec., 94.) 
 
 Under section 8 of the act of July 31, 1894, an appeal will not lie to the Comptroller 
 of the Treasury except from the final certificate of an Auditor. A suspension of 
 action upon a case by an Auditor is not a final decision of such officer. Ibid., 381. 
 An appeal to the Comptroller from the action of an Auditor will not lie until the 
 Auditor has taken final action in the case. A suspension for further evidence is not 
 a final decision upon which an appeal can be based. (Ibid., 448, 500.) 
 
 Under the act of July 31, 1894, an Auditor has no jurisdiction to review his own 
 final action in^the settlement of an account, but such settlement can be reopened 
 only on a revision thereof by the Comptroller of the Treasury within a year, as 
 provided in suction 8 of said act. (Ibid., 27.) 
 
64 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Requisitions i4g t Every requisition for an advance of money ] before 
 
 for advances of 
 
 fu sec'n ibid keing ac ^ e( i on by the Secretary of the Treasury, shall be 
 sent to the proper Auditor for action thereon as required 
 by section twelve of this act. 
 
 warrants. All warrants, when authorized by law and signed by the 
 Secretary of the Treasury, shall be countersigned by the 
 Comptroller of the Treasury, and all warrants for the pay- 
 ment of money shall be accompanied either by the Audi- 
 tor's certificate, mentioned in section seven of this act, or by 
 the requisition for advance of money, which certificate or 
 requisition shall specify the particular appropriation to 
 which the same should be charged, instead of being speci- 
 fied on the warrant, as now provided by section thirty -six 
 hundred and seventy five of the Revised Statutes; and 
 shall also go with the warrant to the Treasurer, who shall 
 return the certificate or requisition to the proper Auditor, 
 with the date and amount of the draft issued indorsed 
 thereon. Requisitions for the payment of money on all aud- 
 ited accounts, or for covering money into the Treasury, shall 
 not hereafter be required. And requisitions for advances 
 of money shall not be countersigned by the Comptroller of 
 the Treasury. Sec. 11, ibid. 
 
 14 ?. Tne Division of Warrants, Estimates, and Appro- 
 priations in the office of the Secretary of the Treasury is 
 hereby recognized and established as the Division of Book- 
 keeping and Warrants. It shall be under the direction of 
 the Secretary of the Treasury as heretofore. Upon the 
 books of this division shall be kept all accounts of receipts 
 and expenditures of public money except those relating 
 to the postal revenues and expenditures therefrom; and 
 sections three hundred and thirteen and so much of sec- 
 tions two hundred and eighty-three and thirty-six hundred 
 and eighty-five of the Eevised Statutes as require those 
 accounts to be kept by certain Auditors and the Register of 
 the Treasury are repealed. The duties of the Register of 
 the Treasury shall be such as are now required of him in 
 connection with the public debt and such further duties as 
 may be prescribed by the Secretary of the Treasury. Sec. 
 10, ibid. 
 
 n e a ^r e v a t r o y r e f 148 ' The Secretary of the Treasury shall, on the first 
 ^ onc ^ av ^ J anuai> y i' 1 each year, make report to Congress 
 of such officers as are then delinquent in the rendering their 
 accounts or in the payment of balances found due from them 
 for the last preceding fiscal year. Sec. 12, ibid. 
 
 Section 8 of the act of July 31, 1894, lias no application to questions respecting 
 the advance of funds which, under this section, are subject to the decision of the 
 Auditor, with a review by the Secretary of the Treasury. 1 Compt Dec. 409, 
 
THE MILITARY LAWS OF THE UNITED STATES. 65 
 
 149. In the case of claims presented to an Auditor which Examination 
 
 of certain claims. 
 
 have not had an administrative examination, the Auditor sec.H.i&id. 
 shall cause them to be examined by two of his subordinates 
 independently of each other. Sec. 14, ibid. 
 
 150. The transcripts from the books and proceedings of certification of 
 
 . Treasury rec- 
 
 tlie Department of the Treasury, and the copies of bonds, ords, etc. 
 
 . -, -, . , . . , Sec. 886, R. S. 
 
 contracts, and other papers, provided for in section eight sec.i7,i&tw. 
 hundred and eighty-six of the Revised Statutes, shall here- i895,v, 88,pfw. 
 after be certified by the Secretary or an Assistant Secre- 
 tary of the Treasury under the seal of the Department. 
 Sec. 17j ibid.) as amended by Sec. 10, act of March 2, 1S95 
 (28 Stat. L., 809). 
 
 151. All accounts stated by the Auditors before the first Revision of ac- 
 
 counts pending 
 
 day of October, eighteen hundred and ninety-four, and then on Oct. i, 134. 
 pending for settlement in the offices of the First or Second 
 Comptroller, or the Commissioner of Customs, shall be 
 revised by the Comptroller of the Treasury in the manner 
 provided by existing law, and the balances arising thereon 
 shall be certified to the Division of Bookkeeping and War- 
 rants. Sec. 21, ibid. 
 
 152. It shall be the duty of the Secretary of the Treas- T r| c a r s e u? ry to 
 ury to make appropriate rules and regulations for carrying make rule s for 
 
 & new methods of 
 
 out the provisions of this act, and for transferring or pre- accounting, etc. 
 serving books, papers, or other property appertaining to 
 any office or branch of business affected by it. Sec. 22, 
 ibid. 
 
 153. It shall also be the duty of the heads of the several _ Bn , les ',?t CM 1)y 
 
 Heads of Depart- 
 
 Lxecutive Departments and of the proper officers of other ments, etc. 
 Government establishments, not within the jurisdiction of 
 any Executive Department, to make appropriate rules and 
 regulations to secure a proper administrative examination 
 of all accounts sent to them, as required by section twelve 
 of this act, before the transmission to the Auditors, and 
 for the execution of other requirements of this act in so 
 fas as the same relate to the several Departments or estab- 
 lishments. Sec. 22. ibid. 
 
 154. This act, so far as it relates to the First Comptroller Comptroller, 
 of the Treasury and the several Auditors and Deputy 
 
 Aditors of the Treasury, shall be held and construed to 
 operate merely as changing and their designations and 
 adding to and modifying their duties and powers, and not 
 as creating new officers. Sec. 9, ibid. 
 
 155. All laws not inconsistent with this act, relating to Transfer of 
 the Auditors of the Treasury in connection with any mat- tore!* 
 
 ter shall be understood in each case to relate to the Audi- Sec - Q ' im - 
 tor to whom this act assigns the business of the Executive 
 Department or other establishments concerned in that 
 matter. Sec. 9, ibid. 
 1919 5 
 
66 THE MILITARY LAWS OF THE UNITED STATES. 
 
 settled claims 156. Nothing in this act shall be construed to authorize 
 
 not reopened . . 
 
 Sec. 23, iMd. the reexamination and payment of any claim or account 
 which has heretofore been disallowed or settled. Sec. 23, 
 ibid. 
 
 New account- ^57 rp^e provisions of sections three to twenty-three 
 
 ing system in , 
 
 force October i, inclusive of this act shall be in force on and after the nrst 
 Sec. 24, t&tez. day of October, eighteen hundred and ninety-four. 1 Sec. 
 
 24, ibid. 
 
 Duties of Audi- 158. The Auditors charged with the examination of the 
 Depart -accounts of th e Departments of War and of the Navy, 
 
 MaJ: 3, 1817, c. shall keep all accounts of the receipts and expenditures of 
 367 SS ' 5 ' 6 ' v ' 3 ' p 'the public money in regard to those Departments, and of 
 
 sec. 283, B. s. all debts due to the United States on moneys advanced 
 relative to those Departments; shall receive from the 
 Comptroller the accounts which shall have been finally 
 adjusted, and shall preserve such accounts, with their 
 vouchers and certificates, and record all requisitions 
 drawn by the Secretaries of those Departments, the exam- 
 ination of the accounts of which has been assigned to them. 
 They shall annually, on the first Monday in November, 
 severally report to the Secretary of the Treasury the appli- 
 cation of the money appropriated for the Department of 
 War and the Department of the Navy, and they shall make 
 such reports on the business assigned to them as the Sec- 
 retaries of those Departments may deem necessary and 
 require. 
 
 aoc t o 1 un e ts of *^. The Second Auditor shall audit and settle the 
 ar E< ffi 29 er i867 accounts of line officers of the Army, to the extent of the 
 Res.' NO. 22, v. is', p a y (j ue them for their services as such, notwithstanding 
 P 'sec 278 R s tlie inability of any such line officer to account for property 
 intrusted to his possession, or to make his monthly reports 
 or returns, if such Auditor shall be satisfied by the affi- 
 davit of the officer or otherwise that the inability was 
 caused by the officer's having been a prisoner in the hands 
 of the enemy, or by any accident or casualty of war. 2 
 160f ^W monevs P aid ^7 a paymaster in the Army to 
 
 ties paid by pay- au enlisted man as an advance bounty shall be allowed in 
 the settlement of the accounts of the paymaster, notwith- 
 
 1 For section 3 of the act of July 31, 1894, see paragraph 138; for section 4 of tlie 
 "or section 5 see paragraph 135; for section 6 see 
 ragraph 139; for section 8 see paragraphs 136, 141, 
 
 same statute see paragraph 134; for section 5 see paragraph 135; for section 6 see 
 paragraph 137 ; for section 7 see paragraph 139; for section 8 see paragraphs 136, 141 
 142, 143, 144, and 145 ; for section 9 see paragraphs 154 and 155 ; for section 10 see para 
 
 132 and 
 section 
 
 21 see paragraph 151 ; lor section 22 see paragraphs 152 and 153; for section 23 see 
 paragraph 156. Section 13 relates to the accounts of certain subordinate officers of 
 the Department of Justice; section 15 to an annual report of expenditures to be ren- 
 dered to Congress by the Secretary of the Treasury; sections 16, 18, and 19 amend 
 sections 307, 2639, and 3743 of the Revised Statutes; section 20 relates to the duties 
 of collectors of customs. 
 
 2 The ditties of the Second Auditor of the Treasury were, by section 7 of the act 
 of July 31, 1894 (28 Stat. L., 206), devolved on the Auditor of the Treasury for the 
 War Department. 
 
THE MILITARY LAWS OF THE UNITED STATES. 67 
 
 standing the discharge of such enlisted man before serving 78 M 8 ar g \ 18 ^' c - 
 the time required by law to entitle him to payment of such 
 
 moneys. s... 28 , B. S . 
 
 161. The proper accounting officers are authorized, in the o^^mentsb* 
 settlement of the accounts of the paymasters of the Army, I>a r a8 1 t 6 ei 1 8 8 > 68 
 to allow such credits for overpayments made in good faith29,v.i5, P '.42. ' 
 on public account, since the fourteenth day of April, eight- Sec. asi, B. s. 
 een hundred and sixty one, and before the sixteenth day 
 
 of March, eighteen hundred and sixty-eight, as shall appear 
 to them, by such vouchers and testimony as they shall 
 require, to be just. 
 
 162. In all cases where it has become necessary for any . Evidence of 
 
 J honorable dis- 
 
 officer or enlisted man of the Army to file his evidence of charge to be re- 
 
 turned to officers 
 
 honorable discharge from the military service of the United and enlisted 
 States, to secure the settlement of his accounts, the account- May4,i87o,Res. 
 
 .., , , , , , , ,. No. 42, v. 16, p. 
 
 mg officer with whom it has been filed shall, upon applica- 374. 
 
 tion by said officer or enlisted man, deliver to him such sec. 282, B. s. 
 
 evidence of honorable discharge ; but his accounts shall 
 
 first be duly settled, and the fact, date, and amount of 
 
 such settlement shall be clearly written across the face of 
 
 such evidence of honorable discharge, and attested by the 
 
 signature of the accounting officer before it is delivered. 
 
 163. Whenever the disbursing officer, or agent by w ^ om lo ^^J e of 
 was issued any check which has been lost, destroyed, or Feb. 2, im, c. 
 stolen, is dead, or no longer in the service of the United p. 29. 
 Stales, the proper accounting officer shall, under such regu- sec. 300, B. s. 
 latious as the Secretary of the Treasury may prescribe, 
 
 state an account in favor of the owner of such original 
 check for the amount thereof, and charge such amount to 
 the account of such officer or agent. 1 
 
 164. All claims of loyal citizens in States not in rebel- claims for 
 lion, for quartermaster's stores actually furnished to the Sl ermaster ' 8 
 Army of the United States, and receipted for by the proper jgfp^Jf; 1875> v ' 
 officer receiving the same, or which may have been taken Sec 800A B g 
 by such officers without giving such receipt, may be sub- 
 
 mitted to the Quartermaster-General of the United States, 
 accompanied with such proofs as each claimant can present 
 of the facts in his case; and it shall be the duty of the 
 Quartermaster-General to cause such claim to be examined, 
 and if convinced that it is just, and of the loyalty of the 
 claimant, and that the stores have been actually received, 
 or taken for the use of, and used by the Army, then to 
 report each case to the Third Auditor of the Treasury, with 
 a recommendation for settlement. 2 
 
 See also section 3646, Eevised Statutes, as amended by the act of February 16, 
 1885 (23 Stat. L., 306), paragraph 515, post. 
 'Section 2 of the act of Juno 16, 1874 (18 Stat L., 75), contained a provision that the 
 
68 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 sc BOOB B s 
 
 claims for sub- iQ$ All claims of loyal citizens in States not in rebel- 
 
 S38t6nCC. 
 
 ig Feb^ is, 1875, v. }j on f or subsistence actually furnished to the Army and 
 receipted for by the proper officer receiving the same, or 
 which may have been taken by such officers without giviug 
 such receipt, may be submitted to- the Commissary-General 
 of Subsistence, accompanied by such proof as each claim- 
 ant may have to oifer ; and it shall be the duty of the Com- 
 missary-General of Subsistence to cause each claim to be 
 examined, and if convinced that it is just, and of the loyalty 
 of the claimant, and that the stores have actually been re 
 ceived, or taken for the use of, and used by the Army, then 
 to report each case for payment to the Third Auditor of the 
 Treasury with a recommendation for settlement. 
 
 The provisions of the above two sections shall extend to 
 the State of Tennessee, and to the counties of Berkeley 
 and Jefferson in the State of West Virginia. But the pro- 
 visions of the above two sections shall not authorize the 
 payment of claims for the occupation of, or injury to, real 
 estate in any State declared in insurrection during the 
 rebellion. 1 Act of February 18, 1875 (18 Stat. L., 316). 
 
 ESTIMATES AND APPROPRIATIONS. 
 
 Par. 
 
 166. Manner of communicating es- 
 
 timates. 
 
 167. Estimates for printing and 
 
 binding. 
 
 168. Estimates for salaries. 
 
 169. Estimates for public works. 
 
 170. Additional explanations re- 
 
 quired. 
 
 171. Amount of outstanding ap- 
 
 propriations to be desig- 
 nated. 
 
 172. Estimates to be submitted to 
 
 Congress, 
 
 173. Statements to accompany es- 
 
 timates. 
 
 174. Statement of proceeds of sales 
 
 of old material. 
 
 Par. 
 
 175. Requisitions for War and 
 
 Navy Departments. 
 
 176. Application of moneys appro- 
 
 priated. 
 
 177. No expenditures beyond ap- 
 
 propriations. 
 
 178. Expenses of commissions and 
 
 inquiries. 
 
 179. Restrictions on contingent, 
 
 etc., appropriations. 
 
 180. Permanent appropriations. 
 
 181. Application of balances of 
 
 appropriations. 
 
 182. Disposal of balances after two 
 
 years. 
 
 183. Proceeds of certain sales, 
 
 etc., of material. 
 
 Quartermaster-General and the Commissary-General of Subsistence should continue 
 to act upon claims under the act of July 4,*186i, and to report the same to the Secre- 
 tary of the Treasury for submission to Congress. The jurisdiction thus conferred 
 was finally withdrawn by the act of March 3, 1883, which contained the following 
 provision: "That hereafter no part of the sums appropriated for the Subsistence 
 and Quartermaster's Departments of the Army shall be used or expended in the 
 investigation of claims under the act of July fourth, eighteen hundred and sixty- 
 four, entitled 'An act to restrict the jurisdiction of the Court of Claims, and to pro- 
 vide for the payment of certain demands for quartermaster's stores and subsistence 
 supplies furnished to the Army of the United States, ' and acts and resolutions 
 amendatory thereof and supplementary thereto." (Act of March 3, 1883, 22 Stat. L., 
 457.) See also the Bowman Act, paragraphs 332 to 338, pott. 
 
 1 For statutory provisions respecting the withdrawal of the jurisdiction conferred 
 by this section see note 2 to paragraph 164, ante. 
 
THE MILITARY LAWS OF THE UNITED STATES. 69 
 
 166. The heads of Departments, in communicating esti- 
 
 mumcating esti- 
 
 mates of expenditures and appropriations to Congress, or to mates. ^ 
 any of the committees thereof, shall specify, as nearly as 202, 8 . 14, V. 5,' P .' 
 
 J _ . ' i -u u 525; Mar. a, 1875, 
 
 may be convenient, the sources from which such estimates c. 129, 8 . 3,v. is, P . 
 
 are derived, and the calculations upon which they are' 
 
 founded, and shall discriminate between such estimates as lsec - 3660 ' B - s - 
 
 are conjectural in their character and such as are framed 
 
 upon actual information and applications from disbursing 
 
 officers. They shall also give references to any law or 
 
 treaty by which the proposed expenditures are, respec- 
 
 tively, authorized, specifying the date of each, and the vol- 
 
 ume and page of the Statutes at Large, or of the Kevised 
 
 Statutes, as the case may be, and the section of the act in 
 
 which the authority is to be found. 1 Sec. 3660, R. 8. 
 
 167. The head of each of the Executive Departments, Estimates for 
 and every other public officer who is authorized to have binding. 11 g 
 printing and binding done at the Congressional Printing 140, ^2, V. 17,' p! 
 Office for the use of his Department or public office, shall 
 
 SPI* *tflP1 1? tt 
 
 include in his annual estimate for appropriations for the 
 next fiscal year such sum or sums as may to him seem nec- 
 essary "for printing and binding, to be executed under the 
 direction of the Congressional Printer." 
 
 168. All estimates for the compensation of officers author- Estimates for 
 
 ized by law to be employed shall be founded upon the Mar. 3, 1355, c. 
 
 . . ,. , Iv M: ^ 175 ' s< 8) v - 10 ' p - 
 
 express provisions of law, and not upon the authority of 6?o. 
 
 executive distribution. 2 sec.8662,B.s. 
 
 169. Whenever any estimate submitted to Congress by Estimates for 
 
 J J public works. 
 
 the head of a Department asks an appropriation for any Junen, isu, c. 
 new specific expenditure, such as the erection of a public 693'; Mar. a, isss, 
 building, or the construction of any public work, requiring 670 ; FeV27,i877,' 
 a plan before the building or work can be properly com- v ' 19 ' p ' 249 ' 
 pleted, such estimate shall be accompanied by full plans Sec - 8663 > R - s - 
 
 1 The policy of Congress in respect to annual appropriations is contained in sec- 
 tions 3660, 3664, 3665, 3675, 3678, 3679, and 3690 of the Revised Statutes. A reading of 
 their provisions will show conclusively, we think, that. Congress has restricted in 
 every possible way the expenditures and expenses and liabilities of the Government, 
 so far as executive officers are concerned, to the specific appropriations of each fiscal 
 year. Wilder v. U. S., 16 C. Cls. R., 528, 543. The estimates must relate to expendi- 
 tures based upon the enactments of Congress and not to tho payment of damages. 
 Pitman v. U. S., 20 ibid., 253, 256. And to expenditures for the public service during 
 the ensuing fiscal year. McCallum v. United States, 17 ibid., 92; Conn. Mut. Life 
 Ins. Co. v. U. S., 21 ibid., 195, 200. 
 
 2 A statute which fixes the annual salary of a public officer at a designated sum, 
 without limitation as to time, is not abrogated by subsequent enactments appropri- 
 ating a less amount for his services for 'a particular fiscal year, but containing no 
 words which expressly or impliedly repeal it. U. S. v. Langston, 118 U. S., 389. It 
 is otherwise, however, when the sum appropriated is "in full compensation" for 
 the salary of a particular officer, in which case the earlier act is suspended for the 
 time covered by the appropriation. TL S. v. Fisher, 109 U. S., 143 ; U. S. v. Mitchell, 
 ibid., 146. A salary that is established by statute can not be increased nor dimin- 
 ished by executive officers. It is not a subject of contract between such officers. 
 The incumbent of an office is entitled to the salary attached thereto by law, and, if 
 he receives a less sum from disbursing officers, he can claim and receive the balance. 
 Dyerr. U. S., 20 C. Cls. R., 166, 171; Adamsv. U. S., ibid., 115. Such recovery may be had 
 though, by the terms of his appointment, he was to receive less and though he mav 
 nave been compelled to execute a receipt in full therefor. Ibid. 
 
70 THE MILITARY LAWS OF THE UNITED STATES. 
 
 and detailed estimates of the cost of the whole work. All 
 subsequent estimates for any such work shall state the 
 original estimated cost, the aggregate amount theretofore 
 appropriated for the same, and the amount actually 
 expended thereupon, as well as the amount asked for the 
 current year for which such estimate is made. And if the 
 amount asked is in excess of the original estimate, the full 
 reasons for the excess and the extent of the anticipated 
 excess shall be also stated. (See sec. 3734, R. S.) 
 re"- ^^ Whenever the head of a Department, being about 
 to submit to Congress the annual estimates of expenditures 
 sec 8664 B s re( l ll i re( l * or ^ ne coming year, finds that the usual items of 
 such estimates vary materially in amount from the appro- 
 priation ordinarily asked for the object named, and espe- 
 cially from the appropriation granted for the same objects 
 for the preceding year, and whenever new items not there- 
 tofore usual are introduced into such estimates for any 
 year, he shall accompany the estimates by minute and full 
 explanations of all such variations and new items, showing 
 the reasons and grounds upon which the amounts are 
 required, and the different items added. 
 
 Btand?*? ^ 1^ ^ ne nea( l f eacn Department, in submitting to 
 
 priationa to be Congress his estimates of expenditures required in his 
 
 82 June2^i858, c. Department during the year then approaching, shall desig- 
 
 308. nate not only the amount required to be appropriated for 
 
 Sec.3665,n.s. the next fiscal year, but also the amount of the outstand- 
 
 ing appropriation, if there be any, which will probably be 
 
 required for each particular item of expenditure. 
 
 su E b S m?fted to to 172. All annual estimates for the public service shall be 
 C se| r t e ?'i789 c submitted to Congress through the Secretary of the Treas- 
 Mar\oT8ob p c58 ;ur y? au(1 sna11 be iucluc l ed in tne Book of Estimates pre- 
 jan 1 7 P i846^Rt8 ; P are( l under his direction. 
 
 2, v. 9. 'p. 108 ; Aug. 4, 1854, c. 242, s. 15, v. 10, p. 573 ; May 18, 1865, c. 85, s. 4, v. 14, p. 49 ; June 
 20, 1874, c. 328, v. 18, pp. 96, 109, 111 ; Mar. 3, 1875, c. 129, v. 18, pp. 355, 370 ; Aug. 15, 1876, c. 
 289, s. 4, v. p. 200. Sec. 3669, R. S. 
 
 statements to 173, The Secretary of the Treasury shall annex to the 
 
 accompany esti- 
 
 mat8. ^ ^^^ ^ annual estimates of the appropriations required for the pub- 
 52, s. 8, v. 3, p. 568; lie service, a statement of the appropriations for the service 
 
 Juno 20, 1874, c. 
 
 328, v. is, p. 96. of the year, which may have been made by former acts. 
 
 174. A detailed statement of the proceeds of all sales of 
 proceeds of sales old material, condemned stores, supplies, or other public 
 
 of old material. 
 
 May s, 1872, c. property of any kind except materials, stores, or supplies 
 83; 'Feb.' 27, 1877^ sold to officers and soldiers of the Army, or to exploring or 
 
 c.69,v.!9, p. 249. . .... 
 
 surveying expeditions authorized by law shall be included 
 * in the appendix to the Book of Estimates. 
 
 175. All moneys appropriated for the use of the War and 
 Depart " Navy Departments shall be drawn from the Treasury, by 
 
THE MILITARY LAWS OF THE UNITED STATES. 71 
 
 warrants of the Secretary of the Treasury, upon the requi- 45 M 8 g r - 5 3 ^ l * l c - 
 sitions of the Secretaries of those Departments, respec ^ May'?, '1822,' 
 tively, countersigned by the Second Comptroller of theeso; Mar. 1. 18$ 
 Treasury, and registered by the proper Auditor. (See sees. 
 373, 277, R. S.) 
 
 176. All sums appropriated for the various branches of O f moneys appr*" 
 expenditure in the public service shall be applied solely to P'jJJ^s 1809 c 
 the objects for which they are respectively made, and for ^* 'J^iles c?8 ; 
 no others. 1 8 2 - v - 15 > P- 36 - 
 
 177. No Department of the Government shall expend, in No' f x p 8 en d!' 
 anyone- fiscal year, any sum in excess of appropriations 
 
 made by Congress for that fiscal year, or involve the Gov- 
 eminent in any contract for the future payment of money 251 - 
 in excess of such appropriations. 2 (See sees. 3733 , 5503, sec. 3679, B. s. 
 and 3732, R. S}. 
 
 178. No accounting or disbursing officer of the Govern- Expenses of 
 
 , _. _, commissions and 
 
 ment shall allow or pav anv account or charge whatever, inquiries. 
 
 . J . Aug. 26,1842,c. 
 
 growing out of, or in any way connected with, any comnns- 202, 8 ; 25, v. 5, p. 
 sion or inquiry, except courts- martial or courts of inquiry 
 in the military or naval service of the United States, until 
 special appropriations shall have been made by law to pay 
 such accounts and charges. This section, however, shall 
 not extend to the contingent fund connected with the for- 
 eign intercourse of the Government, placed at the disposal 
 of the President. 
 
 179. No moneys appropriated for contingent, incidental, TO J5J ri ^ 01 J5J n 
 or miscellaneous purposes shall be expended or paid for appropriations. 
 official or clerical compensation. 251, si 3, v. i6,'p. 
 
 1 An appropriation by Congress of a given sum of money for a named purpose Sec. 3682, B. S. 
 is not the designation of a specific fund lor that purpose, but simply a legal author- 
 ity to apply so much of any money in the Treasury to the indicated object. Every 
 appropriation for the payment of a particular demand, or a class of demands, neces- 
 sarily involves and includes the recognition by Congress of the legality and justice 
 of each demand and is equivalent to an express mandate to the Treasury officers to 
 pay it. This recognition is not af.ected by any previous adverse action of Congress, 
 for the last expression by tbat body supersedes all such previous action. HuKill v. 
 U. S., 16 C. Cls. R., 5b2, 585. When an appropriation has been made by Congi ess for 
 a general purpose, contemplating a multitude of acts to be done by the Department, 
 its agency is general within those limits. Leavitt v. U. S., 34 F. R , 623. When an 
 alleged liability of the Government rests wholly upon an appropriation, they must 
 stand or fall together, so that when the latter is exhausted the former come's to an 
 end. Shipman v. U . S., 18 C. Cls. R., 138. 
 
 The legal liability of the Government does not generally depend upon appropri- 
 ations. The constitutional provision, in article 1, section 9, that "no money shall 
 be drawn from the Treasury but in consequence of appropriations made by law," is 
 a mere limitation ami restriction upon tin > executive officers of the Treasury Depart- 
 ment, and does not prevent Co7igT'ess, the law-making power, from involving the 
 Government in contracts to pay money to any extent. When such contracts are 
 made, the parties who acquire rights to compensation thereunder must wait until 
 an appropriation is made before they can receive their money, but the right on their 
 part and the obligation on the part of the United States remain unchanged. Failing 
 to obtain direct appropriations for their benefit, public creditors may sue in this 
 court and thus obtain payment out of any money appropriated for the payment and 
 satisfaction of private claims. Mitchell v. U. S.i 18 C. Cls. R., 281, 286. T"he except- 
 ing clause in section 37H2, Revised Statutes (a) in relation to contracts for and pur- 
 chases of clothing, subsistence, forage, fuel, quarters, etc., operates to withdraw 
 such contracts and purchases from the prohibition contained in this paragraph in 
 relation to expenditures in excess of the appropriations for a particular fiscal year, 
 and such purchases may be made, provided the necessities of thecurrent fiscal year be 
 not exceeded. 
 
 a See the chapter entitled CONTRACTS AND PURCHASES. 
 
72 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 PERMANENT ANNUAL APPROPRIATIONS. 
 
 July 28,1 866, c. 
 296, s. 12, v. 14, p. 
 322; Apr.22, 1872, 
 c. 114, v. 17, p. 55. 
 
 Mar. 21, 1866, c. 
 21, s. 5, v. 14, p. 10; 
 Jan. 23, 1873,c.51, 
 s.l,v.l7,p.417 
 
 ap igo, There are appropriated, out of any moneys in the 
 sec. 3689 R. s. Treasury not otherwise appropriated, for the purposes 
 hereinafter specified, such sums as may be necessary for 
 the same respectively; and such appropriations shall be 
 deemed permanent annual appropriations. 
 
 UNDER THE WAR DEPARTMENT. 
 
 Bounty to soldiers : 
 
 For payment of bounties to soldiers, or their widows or 
 legal heirs, under the twelfth, thirteenth, fourteenth, fif- 
 teenth, and sixteenth sections of "An act making appro- 
 priations for sundry civil expenses of the Government for 
 the year ending June thirty, eighteen hundred and sixty- 
 seven, and for other purposes." 
 
 Support of National Asylum for Disabled Volunteer 
 Soldiers : 
 
 Of all stoppages or fines adjudged against volunteer 
 officers and soldiers by sentence of court-martial or mil- 
 itary commission, over and above the amount necessary 
 for the reimbursement of the Government or individuals, 
 all forfeitures on account of desertion from such service, 
 and all moneys due such deceased officers and soldiers 
 which are or may be unclaimed for three years after the 
 death of such officers arid soldiers, to be repaid upon 
 the demand of the heirs or legal representatives of such 
 deceased officers and soldiers, to be used for the establish- 
 ment and support of the National Asylum for Disabled 
 Volunteer Soldiers. (See sec. 4825 Rev. Stat.) 
 Soldiers 7 Home: 
 
 Of all stoppages or fines adjudged against soldiers by 
 sentence of court-martials, over and above any amount 
 that may be due for the reimbursement of Government or 
 of individuals; all forfeitures on account of desertion; and 
 all moneys belonging to the estates of deceased soldiers, 
 which now are or may hereafter be unclaimed for the period 
 of three years subsequent to the death of said soldier or 
 soldiers, to be repaid by the commissioners of the institu- 
 tion, upon the demand of the heirs or legal representatives 
 of the deceased. 
 
 Horses and other property lost in military service: 
 
 To pay for horses, mules, oxen, wagons, carts, sleighs, 
 harness, steamboats, and other vessels, railroad-engines 
 and railroad-cars, killed, lost, captured, destroyed, or aban- 
 
 Mar. 3, 1851, c 
 25, s. 7. v. 9, p. 596: 
 July 5, 1862, c 
 133,' s. 2, v. 12, p 
 508 
 
 Mar. 3, 1849, c, 
 129, 88. 2, 6, v. 9, 
 pp. 415, 416; Mar. 
 3, 1863, c. 78, s. 5, 
 v. 12, p. 743 . 
 
 1 Permanent appropriations are those made for an unlimited period; indefinite 
 appropriations are those in which no amount is named. 13 Opin. Att. Gen., 389. 
 
THE MILITARY LAWS OF THE UNITED STATES. 73 
 
 doned while in the military service under the provisions of 
 
 Title "DEBTS DUE BY OR TO THE UNITED STATES." 
 
 Payment to certain military organization sin Kansas: Apr. ^ISTI.C. 
 To pay to the members of the military organization SPP- 641,642. 
 known as the Westport Police Guards, Hickinan's Mills 
 Company, and Companies A, B, 0, D, and E, of the Kan- 
 sas City Station Guards, under private act of April twelve, 
 eighteen hundred and seventy-one, chapter twelve, the pay 
 and allowances of volunteers in the service of the United 
 States. 
 
 Traveling expenses of California and Nevada volun- 
 teers : 
 To pay for the traveling expenses of such California and Mar. 2, ise?, c. 
 
 XT J ' 1 1 ' XT TIT ' l70 ' 8 " 7 > V " 14 ' P- 
 
 Nevada volunteers as were discharged in New Mexico, 487. 
 Arizona, or Utah, and at points distant from the place or 
 places of enlistment, such proportionate sum. according to 
 the distance traveled, as has been paid to the troops of 
 other States similarly situated. 
 
 Allowance for reduction of wages under eight-hour 
 law: 
 
 Of such sum as may be required in the settlement of all ^May 18^187^2, c. 
 accounts for the services of laborers, workmen, and median- 134! 
 ics employed by or on behalf of the Government, between 
 the twenty-fifth day of June, eighteen hundred and sixty- 
 eight, the date of the act constituting eight hours a day's 
 work for all such laborers, workmen, and mechanics, and 
 the nineteenth day of May, eighteen hundred and sixty- 
 nine, the date of the proclamation of the President con- 
 cerning such pay, to settle and pay for the same without 
 reduction on account of reduction of hours of labor by 
 said act, when it shall be made to appear that such was 
 the sole cause of the reduction of wages. (See sec. 3738.) 
 
 181. All balances of appropriations contained in the Application of 
 
 T ... -I -ii -i i -o 11 r n balances of ap- 
 
 annual appropriation bills and made specifically for the serv- propriations. 
 
 July 12,1870,0. 
 
 ice of any fiscal year, and remaining unexpended at the 251, 8 . 5, v. ie, p. 
 expiration of such fiscal year, shall only be applied to the 20 
 payment of expenses properly incurred during that year, Sec * 8690 ' R * s ' 
 or to the fulfillment of contracts properly made within that 
 year; and balances not needed for such purposes shall be 
 carried to the surplus fund. This section, however, shall 
 not apply to appropriations known as permanent or indefi- 
 nite appropriations. l 
 
 'The use of every nscal-year appropriation is limited by section 3690 of the 
 Kevised Statutes and by its own terms to the payment of expenses properly incurred 
 during the fiscal year for which it isniade, or to the fulfillment of contracts properly 
 made within that year; and balances not needed for such purposes must be carried 
 to the surplus fund and covered into the Treasury in conformity with the provisions 
 of seel ion 5 of the act of June 20, 1874. (18 Stat. L.. 110; 3 Dig. Cornpt. Dec., 31.) The 
 use of any part of mi appropriation made for one fiscal year for the payment of any 
 liability incurred during a succeeding fiscal year is prohibited, by section 3679 as 
 well as by section 3690 of the Revised Statutes. (3 Ibid., 31.) 
 
74 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Disposal of bai- ig2. All balances of appropriations which shall have re- 
 
 ances after two 
 
 years. niained on the books of the Treasury, without being drawn 
 
 Sec. 6, ibid. 
 
 june2o, 1874, c. against in the settlement of accounts, for two years from 
 the date of the last appropriation made by law, shall be 
 
 w<w *N"'*41 H W 
 
 reported by the Secretary of the Treasury to the Auditor 
 of the Treasury, whose duty it is to settle accounts there- 
 under, and the Auditor shall examine the books of his 
 office, and certify to the Secretary whether such balances 
 will be required in the settlement of any accounts pending 
 in his office 5 and if it appears that such balances will not 
 be required for this purpose, then the Secretary may include 
 such balances in his surplus-fund warrant, whether the 
 head of the proper Department shall have certified that it 
 may be carried into the general Treasury or not. ' But no 
 appropriation for the payment of the interest or principal 
 of the public debt, or to which a longer duration is given 
 by law, shall be thus treated. 
 
 taTuSes ls e tc Ce of 183t A11 raone y s received from the leasing or sale of ina- 
 m Ma r r ia 3 1847 c T * ne hospitals, or the sale of revenue-cutters, or from the 
 A'fr 1 ^ 9 i866 17 i ;Sa ^ e ^ comm ^ ssar y stores to the officers and enlisted men 
 63, 88.1, 2, v. u', p'. of the Army, [or from the sale of materials, stores, or sup- 
 
 40; July 28 1866 
 
 c. 299, s. 25,' v. 14' plies sold to officers and soldiers of the Army,] or from 
 1872, c. 140, S.v! sales of condemned clothing of the Navy, or from sales of 
 is??,' c! 34 s"" ^ materials, stores, or supplies to any exploring or surveying 
 i87&J 3 c. ; i3^v!'i8] expedition authorized bylaw, shall respectively revert to 
 i875,^. ; i3i & v.' ill * na ^ appropriation out of which they were originally ex- 
 isTi^cb/vVp Ponded, and shall be applied to the purposes for which they 
 m are appropriated by law. 
 
 Sec. 3692, R.S. 
 
 DEBTS DUE BY OR TO THE UNITED STATES. CLAIMS. 
 
 Par. j Par. 
 
 184. Priority of debts due the | 195. Treasury notes payable for 
 
 United States established. | debts of the United States. 
 
 185. Liability of executors, etc. 196. Assignment of claims void. 
 
 186. Priority of sureties. | 197. Amount of debt due United 
 
 187. Notice of principal's deficien- ! States to be withheld by 
 
 cy to be immediately com- j Secretary of the Treasury 
 
 muuicated to sureties. in paying judgments, 
 
 188. Sureties released after five 
 
 years without suit. 
 
 189. Compromise of claims. 
 
 190. Purchase on execution. 
 
 etc., of debtor against the 
 United States ; balance 
 how paid to claimant; in- 
 terest. 
 
 191. Discharge of poor debtor by 198. Oath by persons prosecuting 
 
 Secretary of the Treasury. | claims. 
 
 192. Discharge by the President. 199. Who may administer oath. 
 
 193. What coin receivable in pay- 200. Claims of disloyalists. 
 
 meut of dues to the United j 201. Claims for collecting, drill- 
 States, ing, etc., volunteers to be 
 
 194. National-bank notes, when 
 receivable. 
 
 presented before June 30, 
 1874. 
 
THE MILITARY LAWS OP THE UNITED STATES. 
 
 75 
 
 Par. 
 
 202. Penalty for making false 
 
 claims against the United 
 States. 
 
 203. Suits for recovery of same. 
 
 204. Duty of district attorney as 
 
 to such cases. 
 
 205. Rights of persons bringing 
 
 such suits. 
 
 206. Limitation of suit. 
 
 207. Payments to officers for horses 
 
 lost in battle. 
 
 208. Payment for property lost in 
 
 military service. 
 
 209. Payment for horses lost by 
 
 capture. 
 
 210. Payment for condemned 
 
 horses and equipage. 
 
 211. Payment to guardian for 
 
 horse lost by minor. 
 
 Par. 
 
 212. Payment to owner for horse 
 
 lost in military service. 
 
 213. Auditor may take testimony 
 
 as to steamboats, cars, etc. 
 
 214. Section 1, act of Mar. 3, 1849, 
 
 construed. Claims to be 
 presented prior to January 
 1, 1876. 
 
 215. Accounting officers to settle 
 
 claims of officers and men 
 in military service forprop- 
 erty lost or destroyed : (1) 
 When loss was with out fault 
 or negligence; (2) when 
 shipped by order on an un- 
 seaworthy vessel ; (3) when 
 lost in saving property of 
 the United States. Limita- 
 tion. 
 
 Liability of ex- 
 , ITM, c. 
 
 PRIORITY OF DEBTS DUE THE UNITED STATES. 
 
 184, Whenever any person indebted to the United States Priority of 
 
 debts due the 
 
 is insolvent, or whenever the estate of any deceased debtor, united states 
 in the hands of the executors or administrators, is insuffi-^Mar.V, 6 , c. 
 cient to pay all the debts due from the deceased, the debts ff^ljtro^c. 22! 
 due to the United States shall be first satisfied ; and the 8 ' 65 ' v> *' p> 676> 
 priority hereby established shall extend as well to cases in Sec * 8466 ' B ' s ' 
 which a debtor, not having sufficient property to pay all 
 his debts, makes a voluntary assignment thereof, or in 
 which the estate and effects of an absconding, concealed, 
 or absent debtor are attached by process of law, as to cases 
 iii which an act of bankruptcy is committed. 1 
 
 185. Every executor, administrator, or assignee, or other 
 person, who pays any debt due by the person or estate from 
 
 whom or for which, he acts, before he satisfies and pays theerfe.*' 65 ' v ' lf P ' 
 debts due to the United States from such person or estate, p^i 
 shall become answerable in his own person and estate for j 
 the debts so due to the United States, or for so much 596 - 
 thereof as may remain due and unpaid. (See sec. 5101 , R. S.) Sec - 3467 ' B * s * 
 186. Whenever the principal in any bond given to the priority of 
 United States is insolvent, or whenever, such principal SU M? 2, 1799, c. 
 being deceased, his estate and effects which come to thepfc. 8 ' b5 ' v ' lf p ' 
 hands of his executor, administrator, or assignee, are in- Sec . 3468> B . 8 . 
 sufficient for the payment of his debts, and, in either of * 
 such cases, any surety on the bond, or the executor, ad- 
 
 'TJ. S. v. Fisher, 2 Cr., 358; TJ. S. v. Hooe,3 Cr., 73; Harrison v. Slerry, 5 Cr., 289; 
 Prince v. Bartlett, 8 Cr., 431 ; TJ. S. v, Bryan, 9 Cr., 374; Thelusson . Smith, 2 Wh., 
 396; II. S. v. Howland, 4 Wh.,108; Conadw. Insurance Company, 1 Pet., 386; Hunter 
 v. U. S., 5 Pet.. 173; TJ. S. v. State Bank, G Pet., 29; TJ. S. v. Hack, 8 Pet., 271; Brent 
 v. Bank of Washington, 10 Pet., 596; Beaston v. Farmers' Bank, 12 Pet., 102; U. S. 
 v. Herron, 20 Wall., 251 ; Ba.yne et al., Trustees, v, TJ, S., 93 TJ, S., 642, 
 
76 THE MILITARY LAWS OF THE UNITED STATES. 
 
 ministrator, or assignee of such surety pays to the United 
 States the money due upon such bond, such surety, his 
 executor, administrator, or assignee, shall have the like 
 priority for the recovery and receipt of the moneys out of 
 the estate and effects of such insolvent or deceased prin- 
 cipal as is secured to the United States; and may bring 
 and maintain a suit upon the bond, in law or equity, in his 
 own name, for the recovery of all moneys paid thereon. 1 
 
 SURETIES LIABILITY AND RELEASE. 
 
 ci^8 C deficilnc n y 187< Hereafter, whenever any deficiency shall be dis- 
 to be immediately covered in the accounts of any official of the United States, 
 
 communicated to ,-, ,-,,-,' 
 
 sureties. or of any officer disbursing or chargeable with public 
 
 isss? v. 25, p g 787.' money, it shall be the duty of the accounting officers 
 making such discovery to at once notify the head of the 
 Department having control over the affairs of said officer 
 of the nature and amount of said deficiency, and it shall 
 be the immediate duty of said head of Department to at 
 once notify all obligors upon the bond or bonds of such 
 official of the nature of such deficiency and the amount 
 thereof. Said notification shall be deemed sufficient if 
 mailed at the post-office in the city of Washington, District 
 of Columbia, addressed to said sureties respectively, and 
 directed to the respective post-offices where said obligors 
 may reside, if known; but a failure to give or mail such 
 notice shall not discharge the surety or sureties upon such 
 bond. Act of August 8, 1888 (25 Stat. L., 387). 
 Sureties re- ig8. That if. upon the statement of the account of any 
 
 leased after five 
 
 years without official of the United States, or of any officer disbursing 
 sec. 2, ibid. or chargeable with public money, by the accounting offi- 
 cers of the Treasury, it shall thereby appear that he is 
 indebted to the United States, and suit therefor shall not 
 be instituted within five years after such statement of said 
 account, the sureties on his bond shall not be liable for 
 such indebtedness. Sec. 2, ibid. 
 
 COMPROMISE OF CLAIMS AND PURCHASE ON EXECUTION. 
 
 189> Upon a report by a district attorney, or any special 
 76()vi2 ) attorney or agent having charge of any claim in favor of 
 74 ; _ the United States, showing in detail the condition of such 
 
 U. S. v . George, 
 
 6Biatch.,406.^ claim, and the terms upon which the same may be com- 
 Sec. 3469, R. s. promised, and recommending that it be compromised upon 
 
 1 The priority given in this section to sureties does not apply to sureties on a recog- 
 nizance in a criminal case. U. S. v. Itydor, 110 U. S., 729; U. S. v. Fisher, 2 Cr., 358; 
 U. S. 0. Hooe, 3 Cr., 73 ; Prince v. Bartlett, 8 Cr., 431 ; U. S. v. Bryan, 9 Cr., 374; The- 
 lusson v. Smith, 2 Wh.,396; U. S.v. Rowland, 4 Wh., 108; Conard v. Insurance Com- 
 pany, 1 Pet., 439; Hunter v. TJ. S., 5 Pet.. 173 ; Child v. Shoemaker, 1 Wash., 494; U, S. 
 v. ing, Wall. C. C., 12; Johns v. Brodhag, 1 Cr. C. C M 235. 
 
 ' 
 
THE MILITARY LAWS OF THE UNITED STATES. 77 
 
 the terms so offered, and upon the recommendation of the 
 Solicitor of the Treasury, the Secretary of the Treasury is 
 authorized to compromise such claim accordingly. But 
 the provisions of this section shall not apply to any claim 
 arising under the postal laws. 
 
 190. At every sale, on execution, at the suit of the Pur chase on 
 
 execution. 
 
 United States, of lands or tenements of a debtor, the l7 ^y 2 2 M824, F c. 
 United States may, by such agent as the Solicitor of the 
 Treasury shall appoint, become the purchaser thereof; but 
 in no case shall the agent bid in behalf of the United 
 States a greater amount than that of the judgment for 
 which such estate may be exposed to sale, and the costs. 
 Whenever such purchase is made, the marshal of the dis- 
 trict in which the sale is held shall make all needful con- 
 veyances, assignments, or transfers to the United States. 
 
 DISCHARGEE OF POOR DEBTORS. 
 
 191. Any person imprisoned upon execution issuing from Discharge of 
 any court of the United States, for a debt due to the Secretary of the 
 United States, which he is unable to pay, may, at any time June 1 ?,' i?98, c. 
 after commitment, make application in writing, to the Sec- pp. S, 562.' ^' ' 
 retary of the Treasury, stating the circumstances of his sec. 3471, R.S. 
 case, and his inability to discharge the debt; and there- 
 upon the Secretary may make, or require to be made, an 
 examination and inquiry into the circumstances of the 
 
 debtor, by the oath of the debtor, which the Secretary, or 
 any other person by him. specially appointed, is authorized 
 to administer, or otherwise, as the Secretary shall deem 
 necessary and expedient, to ascertain the truth ; and upon 
 proof made to his satisfaction, that the debtor is unable to 
 pay the debt for which he is imprisoned, and that he has 
 not concealed or made any conveyance of his estate, in 
 trust, for himself, or with an intent to defraud the United 
 States, or to deprive them of their legal priority, the Secre- 
 tary is authorized to receive from such debtor any deed, 
 assignment, or conveyance of his real or personal estate, 
 or any collateral security, to the use of the United States. 
 Upon a compliance by the debtor with such terms and con- 
 ditions as the Secretary may judge reasonable and proper, 
 the Secretary must issue his order, under his hand, to the 
 keeper of the prison, directing him to discharge the debtor 
 from his imprisonment under such execution. The debtor 
 shall not be liable to be imprisoned again for the debt; 
 but the judgment shall remain in force, and may be satis- 
 fied out of any estate which may then, or at any time after- 
 ward, belong to the debtor. The benefit of this section 
 
78 THE MILITARY LAWS OF THE UNITED STATES. 
 
 
 
 shall iiot be extended to any person imprisoned for any 
 fine, forfeiture, or penalty, incurred by a breach of any 
 law of the United States, or for moneys had and received 
 by any officer, agent, or other person, for their use; nor 
 shall its provisions extend to any claim arising under the 
 postal laws. 1 
 
 th?pres1dent b y *^' W nene ver any person is imprisoned upon execution 
 Mar. 3, 1817, c. f or a debt due to the United States, which he is unable to 
 
 114, v. 3, p. o99. . . 
 
 Sec 3472 B s P a ^' all( ^ k* s case is such as does not authorize his dis- 
 charge by the Secretary of the Treasury, under the preced- 
 ing section, he may make application to the President, 
 who, upon proof made to his satisfaction that the debtor is 
 unable to pay the debt, and upon a compliance by the 
 debtor with such terms and conditions as the President 
 shall deem proper, may order the discharge of such debtor 
 from his imprisonment. The debtor shall not be liable to 
 be imprisoned again for the same debt; but the judgment 
 shall remain in force, and may be satisfied out of any 
 estate which may then, or at any time afterward, belong 
 to the debtor. 2 
 
 TENDER. 
 
 what coin re- 193. ^ o g O id or silver other than coin of standard fiue- 
 
 ceivable in pay- 
 
 ment of dues to ness of the United States, shall be receivable in payment 
 
 the United., ,. -r .. / * a 
 
 states. of dues to the United States, except as provided m sec- 
 
 lOM.^v'A^pp! tion twenty- three hundred and sixty-six, Title u PUBLIC 
 i857?c ; .56^s.'2f3; LANDS," and in section thirty-five hundred and sixty-seven, 
 v. 11, P . 163. Title u COINAGE. WEIGHTS, AND MEASURES." 3 
 
 Sec 3474 R S 
 
 National- bank 194. The notes of national banks shall be received at 
 ?e?v e abi<T hen re " P ar for a11 debts aild demands owing by the United States 
 10 J U s ne 2 | ^g' - to any person within the United States, except interest on 
 loo 1 . ' the public debt, or in redemption of the national currency. 
 
 Sec. 3475, B. S. (&*> seCt 51$2, R. S.) 
 
 a T aMe U f or debts *^' Treasury notes bearing interest may be paid to any 
 c?&itedstates. creditor of the United States at their face value, excluding 
 
 Mar. 3, 1863, c. . . *.' 
 
 73, s. 2, v. 12, p. interest, or to any creditor willing to receive them at par, 
 ISM, I*. 2, 3 v. including interest. 
 
 13, p. 218. 
 Sec. 3476, B.S. ASSIGNMENTS OF CLAIMS, POWERS OF ATTORNEY. 
 
 f A cilfm8 m void 8 *^' ^^ transfers and assignments made of any claim 
 unless, etc. ' upon the United States, or of any part or share thereof, 
 si, s. i, V. 10, V or interest therein, whether absolute or conditional, and 
 c^ee^^p 9 '/! 846 ' whatever maybe the consideration therefor, and all powers 
 Sec. 3477, R.s.f attorney, orders, or other authorities for receiving pay- 
 
 1 The discharge of a debtor in accordance with the provisions of this section does 
 not operate to discharge his sureties from liability. (1 Paine, 525.) See also TJ. S. v. 
 Stansbury, 1 Pet., 573; U. S. v. Eiuggold, 5 Pet., 150; Hunter v. TJ. S., 5 Pet., 173; U.S. 
 v. Sturges, 1 Paine, 525. 
 
 2 See U. S. v. Kinggold, 8 Pet., 150. 
 
 8 See sections 2366 and 3567 of the Kevised Statutes. 
 
UNIVERSITY 
 
 THE MILITARY LAWS OP. THE UNITED STATES. 79 
 
 ^ 
 
 ment of any such claim, or of any part or share thereof, 
 shall be absolutely null and void, unless they are freely 
 made and executed in the presence of at least two attest- 
 ing witnesses, after the allowance of such a claim, the 
 ascertainment of the amount due, and the issuing of a 
 warrant for the payment thereof. Such transfers, assign- 
 ments, and powers of attorney, must recite the warrant 
 for payment, and must be acknowledged by the person 
 making them, before an officer having authority to take 
 acknowledgments of deeds, and shall be certified by the 
 officer; and it must appear by the certificate that the 
 officer, at the time of the acknowledgment, read and fully 
 explained the transfer, assignment, or warrant of attorney 
 to the person acknowledging the same. 1 
 
 SET-OFF. 
 
 197. When any final judgment recovered against the due Unit0( 
 
 United States or other claim duly allowed by legal author- states to be with- 
 held by Secre- 
 
 ity, shall be presented to the Secretary of the Treasury for t- a ry of Treasury 
 payment, and the plaintiff or claimant therein shall be en? ts yiD e S tc J , u ff 
 
 . , , , , , .. -r-r ., ,01; debtor against 
 
 indebted to the United States in any manner, whether as united states, 
 principal or surety, it shall be the duty of the Secretary to 1375%. is, p?48i.' 
 withhold payment of an amount of such judgment or claim 
 equal to the debt thus due to the United States ; and if 
 such plaintiff or claimant assents to such set-off, and dis- 
 charges his judgment or an amount thereof equal to said 
 debt or claim, the Secretary shall execute a discharge of 
 the debt due from the plaintiff to the United States. But 
 if such plaintiff, or claimant, denies his indebtedness to the 
 United States, or refuses to consent to the set-off, then the 
 Secretary shall withhold payment of such further amount 
 of such judgment, or claim, as in his opinion will be suffi. 
 cient to cover all legal charges and costs in prosecuting 
 the debt of the United States to final judgment. And if 
 such debt is not already in suit, it shall be the duty of the 
 Secretary to cause legal proceedings to be immediately 
 
 J The accounting officers of the Treasury will not approve powers of attorney to 
 demand and receive moneys due upon claims against the United States when such 
 powers are not executed in accordance with the provisions of section 3477 of the 
 Revised Statutes. (1 Compt. Dec., 142.) Section 3477 of the Revised Statutes, mak- 
 ing null and void all assignments and po\vers of attorney to collect any claim or 
 demand against the Government (unless the power of attorney is given' after the 
 settlement of the claim and the issuance of the warrant in pavment) applies to 
 liquidated, certain, and undisputed demands as well as to those which are unliqui- 
 dated, uncertain, or disputed. (Ibid., 276.) Under the decisions of the courts the 
 accounting officers are required, notwithstanding the provisions of section 3477 of 
 the Revised Statutes, to credit disbursing officers with payments actually made by 
 them under powers of attorney, provided it is shown that, at the time of such pay- 
 ment, such powers are undisputed and have not been revoked, either by the volun- 
 tary action of the principal or by his death. (Ibid., 142, 431.) 
 
 The assignment of a quartermaster's voucher, unless made "after the allowance 
 of such a claim " and in conformity with all the other requirements of section 3477 
 of the Revised Statutes, is "absolutely null and void." The exigencies of the war 
 and of the Government service immediately after the war, which at one time were 
 relied upon to support the practice of paying the assignees of such vouchers, can 
 not be made available in deciding cases now arising. (3 Dig., Compt. Dec., 45.) 
 
80 THE MILITARY LAWS OF THE UNITED STATES. 
 
 commenced to enforce the same, and to cause the same to 
 
 be prosecuted to final judgment with all reasonable dis- 
 
 Baiance, how patch. And if in such action judgment shall be rendered 
 
 paid to claimant. * 
 
 against the United States, or the amount recovered for 
 debt and costs shall be less than the amount so withheld 
 as before provided, the balance shall then be paid over to 
 interest. such plaintiff by such Secretary with six per cent interest, 
 thereon for the time it has been withheld from the plaintiff. 
 Act of March 3, 1875 (18 Stat L., 481). 
 
 PROSECUTION OF CLAIMS. 
 
 fl ons a p?os b ecu p ti f n r g 198 - An y P^son prosecuting claims, either as attorney 
 cl S3y 17 1862 c. or on nis owu accouut j before any of the Departments or 
 205, a. i, v. 12,'p. Bureaus of the United States, shall be required to take the 
 
 3478 R s oa ^ n * a ^ e ^ ance ? an d to support the Constitution of the 
 ' United States, as required of persons in the civil service. 
 (See sees. 1756, 1757 E. S.) 
 
 oa ^ n P r vided for in the preceding section may 
 
 205 U s y 2 17 v 1 i2 2 ' c ' ^ e taken before any justice of the peace, notary public, or 
 6 i- other person who is legally authorized to administer an oath 
 
 sec. 3479, R.S. in the State or district where the same maybe administered. 
 
 claims of dis- 200. It shall be unlawful for any officer to pay any account, 
 Mar 8 \ 1867. claim, or demand against the United States which accrued 
 wi. P or existed prior to the thirteenth day of April, eighteen 
 
 sec. 3480, R.S. hundred and sixty-one, in favor of any person who pro- 
 moted, encouraged, or in any manner sustained the late 
 rebellion, or in favor of any person who during such re- 
 bellion was not known to be opposed thereto, and distinctly 
 in favor of its suppression 5 and no pardon heretofore 
 granted, or hereafter to be granted, shall authorize the 
 payment of such account, claim, or demand, until this sec- 
 tion is modified or repealed. But this section* shall not be 
 construed to prohibit the payment of claims founded upon 
 contracts made by any of the Departments, where such 
 claims were assigned or contracted to be assigned prior to 
 the first day of April, eighteen hundred and sixty-one, to 
 the creditors of such contractors, loyal citizens of loyal 
 States, in payment of debts incurred prior to the first day 
 of March, eighteen hundred and sixty -one. 1 
 
 claims for coi- 201. No claims against the United States, for collecting, 
 
 lecting, etc., vol 
 
 unteersto bepre- drilling, or organizing volunteers for the war of the re- 
 ?*, belliou, shall be audited or paid unless presented before 
 
 1 By the act of March 3, 1877, chapter 105, volume 19, page 362, provision was made 
 for the payment of the amounts due to mail contractors for mail service performed 
 in the States recently in rebellion, and before said States respectively engaged in 
 war against the United States; and the provisions of tiiis section of the lievised 
 Statutes were declared to be not applicable to the payments therein authorized. 
 
THE MILITARY LAWS OF THE UNITED STATES. 81 
 
 the thirtieth day of June, eighteen hundred and seventy- Mar - 3 - 1873,0. 
 
 * 226, s. 1, v. 17, p. 
 
 four. No claims for horses lost prior to the first day of soo. 
 January, eighteen hundred and seventy-two, shall be aud- sec. 3489, B.S. 
 ited or paid unless presented before the thirtieth day of 
 June, eighteen hundred and seventy-four. 
 
 202. Any person not in the military or naval forces of ^j^ 1 */ for 
 the United States, or in the militia called into or actually oi a inui against 
 employed in the service of the United States, who shall do Mar. 2, ises,' c. 
 or commit any of the acts prohibited by any of the pro- 698. 8 ' ' 
 visions of section fifty-four hundred and thirty-eight, sec.3490,R.s. 
 Title " CRIMES," shall forfeit and pay to the United States 
 
 the sum of two thousand dollars, and, in addition, double 
 the amount of damages which the United States may have 
 sustained by reason of the doing or committing such act, 
 together with the costs of suit; and such forfeiture and 
 damages shall be sued for in the same suit. 
 
 203. The several district courts of the United States, the Suits for recov- 
 
 ery of same. 
 
 supreme court of the District of Columbia, the several dis- Mar. 2, ISGS, c. 
 
 trict courts of the Territories of the United States, within 698. 
 
 whose jurisdiction al limits the person doing or committing sec.349i, R. s. 
 
 such act shall be found, shall, wheresoever such act may 
 
 have been done or committed, have full power and juris- 
 
 diction to hear, try, and determine such suit. Such suit 
 
 may be brought and carried on by any person, as well for 
 
 himself as for the United States; the same shall be at the 
 
 sole cost and charge of such person, and shall be in the 
 
 name of the United States, but shall not be withdrawn or 
 
 discontinued without the consent, in writing, of the judge 
 
 of the court and the district attorney, first filed in the case, 
 
 setting forth their reasons for such consent. 
 
 204. It shall be the duty of the several district attorneys tr g u ^^ di a 8 8 
 of the United States for the respective districts, for the ^^^X c 
 District of Columbia, and for the several Territories, to t>e^ s. 5, V. 12,' p. 
 diligent in inquiring into any violation of the provisions s'ec.3492,R.s. 
 of section thirty-four hundred and ninety by persons liable 
 
 to such suit, and found within their respective districts or 
 Territories, and to cause them to be proceeded against in 
 due form of law for the recovery of such forfeiture and 
 damages. And such person may be arrested and held to 
 bail in such sum as the district j udge may order, not exceed- 
 ing the sum of two thousand dollars, and twice the amount 
 of the damages sworn to in the affidavit of the person 
 bringing the suit. 
 
 205. The person bringing said suit and prosecuting it to Eights of per- 
 
 sons bringing 
 
 final judgment shall be entitled to receive one-half the such suits. 
 1919 - 6 
 
82 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Mar 2, 1863, c. amount of such forfeiture, as well as one-lialf the amount 
 
 67, s. 6, v. 12, p. 
 
 698. of the damages he shall recover and collect; and the other 
 
 sec.3493,B.s. half thereof shall belong to and be paid over to the United 
 States; and such person shall be entitled to receive to his 
 own use all costs the court may award against the defend- 
 ant, to be allowed and taxed according to any provision of 
 law or rule of court in force, or that shall be in force in 
 suits between private parties in said court : Provided, That 
 such person shall be liable for all costs incurred by himself 
 in the case, and shall have no claim therefor on the United 
 States. 
 Limitation of 206, E very such suit shall be commenced within six years 
 
 8U sec. 7, ibid, from the commission of the act, and not afterward. 
 
 Sec.3494, B. S. 
 
 PAYMENT FOB HORSES LOST IN SERVICE. 
 
 o&ic eV^Vor 207t Auy field ' or staff ' or otlier officer 5 mounted militia- 
 
 b at3e 8 ete 8t in man > volunteer, ranger, or cavalryman, engaged in the 
 
 Mar. 3, is49, c. military service of the United States, who sustains damage 
 
 June 22,' 1874, c! without any fault or negligence on his part, while in the 
 
 395, v. 18, p. 193. . [ * . , , ' , , 
 
 service, by the loss of a horse in battle, or by the loss of a 
 
 Sec 3482 B S 
 
 ' horse wounded in battle, which dies of the wound, or which, 
 being so wounded, is abandoned by order of his officer and 
 lost, or who sustains damage by the loss of any horse by 
 death or abandonment because of the unavoidable dangers 
 of the sea, when on board a United States transport vessel, 
 or because the United States fails to supply transportation 
 for the horse, and the owner is compelled by the order of 
 his commanding officer to embark and leave him, or in con- 
 sequence of the United States failing to supply sufficient 
 forage, or because the rider is dismounted and separated 
 from his horse and ordered to do duty on foot at a station de- 
 tached from his horse, or when the officer in the immediate 
 command orders the horse turned out to graze in the woods, 
 prairies, or commons, because the United States fails to 
 supply sufficient forage, and the loss is consequent thereon, 
 or for the loss of necessary equipage, in consequence of 
 the loss of his horse, shall be allowed and paid the value 
 thereof not to exceed two hundred dollars. But any pay- 
 ment which is made to any one for the use and risk, or for 
 forage, after the death, loss, or abandonment of his horse, 
 shall be deducted from the value thereof, unless he satisfies 
 the paymaster at the time he makes the payment, or there- 
 after shows, by proof, that he was remounted, in which 
 case the deduction shall only extend to the time he was on 
 foot. And any payment made to any person above men- 
 tioned, on account of clothing, to which he is not entitled 
 
THE MILITARY LAWS OF THE UNITED STATES. 83 
 
 by law, shall be deducted from the value of his horse or 
 accouterments. 1 (See sec. 277, R. S.) 
 
 208. Every person who sustains damage by the capture Payment for 
 
 J ' i_ i property lost 
 
 or destruction by an enemy, or by the abandonment or jn military serv. 
 destruction by the order of the commanding general, the Mar. 3, 1349, c. 
 commanding officer, or quartermaster, of any horse, mule, Mar%,'i86:?c.78,' 
 
 i . i Y +U , 8.5, v. 12, p. 743. 
 
 ox, wagon, cart, sleigh, harness, steamboat or other vessel, stuart . u. s. t 
 
 18 Wall 84 
 
 railroad-engine or railroad-car, while such property is in 
 the military service, either by impressment or contract, 2 or ! *.* 
 who sustains damage by the death or abandonment and loss 
 of any horse, mule, or ox, while in the service, in consequence 
 of the failure on the part of the United States to furnish 
 the same with sufficient forage, or whose horse, mule, ox, 
 wagon, cart, boat, sleigh, harness, vessel, railroad-engine, 
 or railroad-car is lost or destroyed by unavoidable accident 
 while such property is in the service, shall be allowed and 
 paid the value thereof at the time when such property was 
 taken into the service, except in cases where the risk to 
 which the property would be exposed was agreed to be in- 
 curred by the owner : Provided, It appears that such loss, 
 capture, abandonment, destruction, or death was without 
 any fault or negligence on the part of the owner of the 
 property, and while the property was actually employed in 
 the service of the United States. 
 
 209. The two preceding sections shall extend to all cases Payment for 
 of the loss of horses by any officer, non-commissioned offi- capture. 8 
 cer, or private in the military service of the United States, i5o U v ne i3,p.i82. c ' 
 while in the line of his duty in such service, by capture by sec. 3*84, B.S. 
 the enemy, whenever it shall appear that such officer, non- 
 commissioned officer, or private was ordered by his superior 
 
 officer to surrender to the enemy, and such capture was 
 made in pursuance of such surrender. 
 
 210. Whenever any horse is condemned by a board of Payment for 
 
 condemn ed 
 
 officers, on account of his unfitness for service, in conse- horses and eqm- 
 quence of the Government failing to supply forage, such pa fiar. 3, 1349, c. 
 
 , , . .' . 129,s.7,v.9,p.416. 
 
 horse and his equipage shall be allowed and paid for: 
 Provided, It shall be proven, by satisfactory evidence, 
 whether oral or written, that the condemned horse and 
 the equipage were turned over to a quartermaster of the 
 Army, Avhether any receipt therefor was given and pro- 
 duced, or not. 
 
 'To authorize a judgment under this section, it is necessary to prove (1) that the 
 claimant-downed a horse which he took into the military service; (2) that the horse 
 was lost; (3) that the loss resulted from an exigency or necessity of the military 
 service; and (4) that the loss was without fault or negligence on the part of the 
 claimant. Irby v. U. S , 18 C. Cls. S. K., 259 ; Shaw's Case, 8 C. Cls. R., 488. 
 
 2 The transportation from post to post of military stores remote from the seat of 
 actual war, not forming a portion of an advancing or retreating army, gives to the 
 contractor merely the character of a carrier. He is not in the muitary service of the 
 United States within the meaning of the act of March 3, 1849. Giittman v. TJ. S., 
 9 Ct. Cls., 60; Stuart v. U. S., 18 Wall., 84. 
 
84 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Payment to 21 1. When any minor engaged in the military service 
 
 guardian for J 
 
 horse lost by O f the United States, a-nd provided with a horse or equip- 
 Mar. 3,i849, c. men ts, or with military accouterments, by his parent or 
 
 129,8.5,v.9,p.415. 
 
 guardian, dies, without paying for the property, and the 
 same is lost, captured, destroyed, or abandoned in the 
 manner before mentioned, such parent or guardian shall 
 be allowed pay therefor, on making satisfactory proof, as 
 in other cases, and the further proof that he is entitled 
 thereto by having furnished the same. 
 
 horse ^^' When anv Person other than a minor, engaged in the 
 lost in military military service, is provided with a horse or equipments, 
 Mar. 3, 1849, c , or with military accouterments, by any person, being the 
 s owner thereof, who takes the risk of such horse, equip- 
 ' ments, or military accouterments, on himself, and the same 
 is lost, captured, destroyed, or abandoned, in the manner 
 before mentioned, such owner shall be allowed pay there- 
 for, on making satisfactory proof, as in other cases, and the 
 further proof that he is entitled thereto, by having fur- 
 nished the same, and having taken the risk on himself. 
 Auditor may 213. Iii executing so much of the preceding sections as 
 
 taketestiraonyas . , _ 
 
 to steamboats, provides for payment tor steamboats and other vessels, and 
 
 cars, etc. , , , , ., 
 
 June 25, 1864, c. railroad engines or cars, lost or destroyed while in tne 
 
 leo! 8 ' p ' military service of the United States, the Third Auditor 
 
 sec. 3488, K.S. of the Treasury is authorized, in person, or in such manner 
 
 as he may deem most compatible with the public interests, 
 
 to take testimony, and make such investigations as he may 
 
 deem necessary in adjudicating claims 5 and for such neces- 
 
 sary expenses incurred therein, payment may be made 
 
 upon proper vouchers, certified and approved by the Third 
 
 Auditor. 
 
 214. The first section of the act of March third, eighteen 
 
 hundred and forty-nine, 1 providing for the payment for 
 
 sec. i, act of horses and equipments lost by officers or enlisted men in 
 
 strued! the military service shall not be construed to deny payment 
 
 1874, v.i8, p. 193'. to such officers or enlisted men, for horses which may have 
 
 been purchased by them in States in insurrection 5 and 
 
 payment in any case shall not be refused where the loss 
 
 resulted from any exigency or necessity of the military 
 
 service, unless it was caused by the fault or negligence of 
 
 claims to be such officers or enlisted men. That no claims under said 
 
 presented prior -t-ni > -i 
 
 to Jan. i, 1876. section or this amendment thereto shall be considered 
 unless presented prior to the first day of January, eighteen 
 hundred and seventy-six. Act of June 22, 1874 (18 Stat. 
 L., 193}. 
 
 lection 3482, Revised Statutes, par. 207, supra. 
 
THE MILITARY LAWS OF THE UNITED STATES. 85 
 
 215. That the proper accounting officers of the Treasury Accounting 
 
 ^ officers to settle 
 
 be, and they are hereby, authorized and directed to examine claims of officers 
 
 and men in mili- 
 
 into, ascertain, and determine the value of the private tary service for 
 
 . property lost or 
 
 property belonging to officers and enlisted men in the mill- destroyed, 
 tnry service of the United States which has been, or may 
 hereafter be, lo*t or destroyed in the military service, under 
 the following circumstances : 
 First. When such loss or destruction was without fault when loss or 
 
 destruction was 
 
 or negligence on the part of the claimant. without fault or 
 
 Second. Where the private property so lost or destroyed by " 
 was shipped on board an unseaworthy vessel by order of seaworthy ves- 
 any officer authorized to give such order or direct such 
 shipment. 
 
 Third. Where it appears that the loss or destruction of when lost in 
 
 saving property 
 
 the private property of the claimant was in con sequence of united states, 
 of his having given his attention to the saving of the prop- 
 erty belonging to the United States which was in danger 
 at the same time and under similar circumstances. And 
 the amount of such loss so ascertained and determined shall 
 be paid out of any money in the Treasury not otherwise 
 appropriated, and shall be in full for all such loss or damage : 
 Provided, That any claim which shall be presented and Mar. 3, isss, v 
 acted on under authority of this act shall be held as finally 
 determined, and shall never thereafter be reopened or con- 
 sidered: And provided further, That this act shall not 
 apply to losses sustained in time of war or hostilities with 
 Indians : And provided further, That the liability of the 
 Government under this act shall be limited to such articles 
 of personal property as the Secretary of War, in his discre- 
 tion shall decide to be reasonable, useful, necessary, and 
 proper for such officer or soldier while in quarters, engaged 
 in the public service, in the line of duty: And provided 
 further, That all claims now existing fchall be presented years 
 within two years and not after from the passage of this act; 
 and all such claims hereafter arising be presented within 
 two years from the occurrence of the loss or destruction. 1 
 Act of March 3, 1885 (23 Stat. L., 350). 
 
 1 For private property of officers or enlisted men lost or destroyed in the military 
 service, without fault or negligence on the part of the claimant, "where the private 
 property so lost or destroyed was shipped on board an unseaworthy vessel by order 
 of any officer authorized to give such order or direct such shipment," or "where it 
 appears that the loss or destruction of the private property of the claimant was in 
 consequence of his having given his attention to the saving of the property belong- 
 ing to the United StatesVhich was in danger at the same time and under similar 
 circumstances," compensation may be made under the provisions of the act of Con- 
 gress approved March 3, 1885. Proceedings of a board of survey will, if possible, 
 accompany each application under this act, showing fully the circumstances attending 
 the loss. '(Par. 723, A. 11., 1895.) See, also, 2 Compt. Dec. 644. 
 
86 
 
 THE MILITARY LAW.S OF THE UNITED STATES. 
 
 THE TREASURER. 
 
 Par. 
 
 216. The Treasurer. 
 
 217. Duties of the Treasurer. 
 
 218. Liabilities outstanding three 
 
 or more years to be deposit- 
 ed in the Treasury. 
 
 219. Payment of outstanding 
 
 drafts. 
 
 220. Accounts of disbursing offi- 
 
 cers unchanged for three 
 years. 
 
 221. Reports of Treasurer, assist- 
 
 ant treasurers, etc., and 
 disbursing officers. 
 
 222. The Treasury of the United 
 
 States. 
 
 223. Certain mints and assay offi- 
 
 ces to be depositories. 
 
 Par. 
 
 224. Public moneys subject to 
 
 draft of the Treasurer. 
 
 225. Superintendents of mint at 
 
 Carson City and assay office 
 at Boise" City to be assist- 
 ant treasurers. 
 
 226. Appointment of assistant 
 
 treasurers. 
 
 227. Bonds of special agents. 
 
 228. Collectors of public moneys 
 
 to deposit same in Treas- 
 ury. 
 
 229. How marshals, district attor- 
 
 neys, and other officers may 
 deposit money in Treasury. 
 
 sept. 2, 1789 c. 
 
 , 8. 4, V. 1, p. DO. 
 
 I^Treastu-er. 216. There shall be in the Department of the Treasury a 
 
 el 1 - jui 1 23 1866' Treasure r of the United States, who shall be appointed 
 
 ' m 8 j 2 ^' 17' ky ^ e P res ident, by and with the advice and consent of 
 
 1884, v'. 23, P . i69 1 . the Senate, and shall be entitled to a salary of six thou- 
 
 sec. 301, R. s. sand dollars a year. 
 
 the 217. The Treasurer shall receive and keep the moneys of 
 the United States, and disburse the same upon warrants 
 drawn by the Secretary of the Treasury, countersigned by 
 fi eC 3i n i894 C voi f tbe Comptroller, aud not otherwise. He shall take receipts 
 :, p. 2io. for all moneys paid by him, and shall give receipts for all 
 Sec. 305, B. s. moneys received by him; aud all receipts for moneys 
 received by him shall be indorsed upon warrants signed 
 by the Secretary of the Treasury, without which warrant, 
 so signed, no acknowledgment for money received into 
 the public Treasury shall be valid. He shall render his 
 accounts to the First Comptroller quarterly, or oftener if 
 required, and shall transmit a copy thereof, when settled, 
 to the Secretary of the Treasury. He shall at all times 
 submit to the Secretary of the Treasury and the First 
 Comptroller, or either of them, the inspection of the moneys 
 in his hands. 1 
 
 218. At the termination of each fiscal year all amounts of 
 moneys that are represented by certificates, drafts, or 
 
 T Ha 8U 2 y 'i866 c cnec ^ s i issued by the Treasurer, or by any disbursing offi- 
 7 . . 1/4, v. 14, cer of any Department of the Government, upon the Treas- 
 urer or any assistant treasurer, or designated depositary 
 ' of the United States, or upon any national bank desig- 
 nated as a depositary of the United States, and which 
 
 1 So much of this section as required the Register of the Treasury to record war- 
 rants was repealed by section 11, of the act of July 31, 1894. (28 Stat. L., 209.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 87 
 
 shall be represented on the books of either of such offices 
 as standing to the credit of any disbursing officer, and 
 which were issued to facilitate the payment of warrants, 
 or for any other purpose in liquidation of a debt due from 
 the United States, and which have for three years or more 
 remained outstanding, unsatisfied, and unpaid, shall be 
 deposited by the Treasurer, to be covered into the Treasury 
 by warrant, and to be carried to the credit of the parties 
 in whose favor such certificates, drafts, or checks were 
 respectively issued, or to the persons who are entitled to 
 receive pay therefor, and into an appropriation account to 
 be denominated " outstanding liabilities.' 7 
 
 219. The payee or the bona-fide holder of any draft or Payment of 
 check the amount of which has been deposited and co v- drafts. al 
 ered into the Treasury pursuant to the preceding section's, 70, s. a ^v. 14, p. 42! 
 shall, on presenting the same to the proper officer of the sec. sos, B. s. 
 Treasury, be entitled to have it paid by the settlement of 
 
 an account and the issuing of a warrant in his favor, 
 according to the practice in other cases of authorized and 
 liquidated claims against the United States. Sec. 308, R. S. 
 
 220. The amounts, except such as are provided for in Accounts of 
 
 , . ,, -I i -i /. ,1 /. disbursing offi- 
 
 section three hundred and six, of the accounts of every cers unchanged 
 
 kind of disbursing officer, which shall have remained May 2,1866,0. 
 
 unchanged, or which shall not have been increased by 70 
 
 any new deposit thereto, nor decreased by drafts drawn Scc * 309 ' R * s * 
 
 thereon, for the space of three years, shall in like manner 
 
 be covered into the Treasury, to the proper appropriation 
 
 to which they belong; and the amounts thereof shall, on 
 
 the certificate of the Treasurer that such amount has been 
 
 deposited in the Treasury, be credited by the proper 
 
 accounting officer of the Department of the Treasury on 
 
 the books of the Department, to the officer in whose name 
 
 it had stood on the books of any agency of the Treasury, 
 
 if it appears that he is entitled to such credit. 
 
 221. The Treasurer, each assistant treasurer, and each Reports of 
 designated depositary of the United States, and the cash- ant treasurers, 
 ier of each of the national banks designated as such f n g officers 8 u 
 depositaries, shall, at the close of business on every thir- 70,8^14??! 42'. 
 tieth day of June, report to the Secretary of the Treasury sec. sio* B. s. 
 the condition of every account standing, as in the pre- 
 ceding section specified, on the books of their respective 
 
 offices, stating the name of each depositor, with his official 
 designation, the total amount remaining on deposit to his 
 credit, and the dates, respectively, of the last credit and 
 the last debit made to each account. And each disburs- 
 ing officer shall make a like return of all checks issued by 
 him, and which may then have been outstanding and 
 
88 THE MILITARY LAWS OF THE UNITED STATES. 
 
 unpaid for three years and more, stating fully in such 
 report the name of the payee, for what purpose each 
 check was given, the office on which drawn, the number 
 of the voucher received therefor, the date, number, and 
 amount for which it was drawn, and, when known, the 
 residence of the payee. 
 
 THE PUBLIC MONEYS. 
 THE TREASURY, SUB-TREASURIES AND DEPOSITORIES. 
 
 The Treasury 222. The rooms provided in the Treasury building at the 
 
 states. seat of Government for the use of the Treasurer of the 
 
 90, s! s i, V. 9,' p! United States, his assistants, and clerks, and occupied by 
 
 Coote et ai. v. them, and the nr"e-proof vaults and safes erected therein 
 
 389. S '' 91 S '' for the keeping of the public moneys in the possession and 
 
 sec. 8591, B. s. under the immediate control of the Treasurer, and such 
 
 other apartments as are provided as places of deposit of 
 
 the public money, shall be the Treasury of the United 
 
 States. 
 
 Certain mints 223. The mints at Carson City, and at Denver, and the 
 
 and assay omces 
 
 to be d'eposito- assay-office at Boise City, shall be places of deposit for such 
 n Apr.2i, 1862, c. public moneys as the Secretarv of the Treasury may direct. 
 
 59, s. 5, v. 12, p. J 
 
 333; Mar. 3, 1863,0. 96, s. 5, v. 12, p. 770; Feb. 18, 1869, c. 33, s. 4. v.15, 
 
 p. 271 ; Feb. 12, 1873, c. 131, ss. 65, 66, v. 17, p. 435. Sec. 8592, R. S. 
 
 public moneys paid into any depository shall be 
 of the Treasurer, subject to the draft of the Treasurer of the United States, 
 
 Aug. 6, 1846, c. J 
 
 90, s. i, v. 9, p. 59. drawn agreeably to appropriations made by law. 
 superintendents 225. The superintendent of the mint at Carson City, and 
 superintendent of the assay-office at Boise City, shall 
 De assistant treasurers of the United States, and shall re- 
 
 .l - / 
 
 er Mar 3 1863 c spectively have the custody and care of all public moneys 
 wb*'^'r r 2iw$> deposited therein, and shall perform all the duties required 
 c.5o s. 5, v. 1 12, pi of them in reference to the receipt, safe-keeping, transfer, 
 
 383 ; ^Msir. 3, 1871, 
 
 c. us, s. i, v. 16, p. and disbursement of all such moneys, as provided by law. 
 
 485: Feb. 18, 1869, J 
 
 c. 33, s. 4, v.15, p. 271; Feb. 12, 1873, c. 131,88.65, 66, v. 17, p. 435. Sec. 3594, R.S. 
 
 Tnere sna11 De assistant treasurers of the United 
 
 ^ States, appointed from time to time by the President, by 
 
 c 2s ^ >ne advice and consent of the Senate, to serve for 
 
 s. i4, v. 14, p. V; the term of four years, as follows: 
 
 June 15, 1870, c. J 
 
 12, s. i, v. 16, p. One at Boston. 
 
 152; Feb. -12, 1873, ,. , ,._ __ , 
 
 c. 131, s. 65, v. 17, One at New York. 
 ?873 4 , 3 c. ; 22^8 r 5, v. One at Philadelphia. 
 
 One at Baltimore. 
 sec. 3595, B. s. Qne at ^ ew Orleans . 
 
 One at Saint Louis. 
 One at San Francisco. 
 One at Cincinnati. 
 One at Chicago. 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 89 
 
 BONDS OF SPECIAL AGENTS. 
 
 227. Whenever it becomes necessary for the head of any a B e onds of special 
 Department or office to employ special agents, other than Aug. '4, 1854, c. 
 officers of the Army or Navy, who may be charged with 573'. 8< 14 ' v> 10 ' p ' 
 the disbursement of public moneys, such agents shall, sec.seu, R. s. 
 before entering upon duty, give bond in such form and with 
 
 such security as the head of the Department or office em- 
 ploying them may approve. Sec. 3614, R. S. 
 
 DEPOSIT OF PUBLIC MONEY. 
 
 228. All collectors and receivers of public money of every pl SlJ^o e r8 8 Jj 
 description, within the District of Columbia, shall, as often ^rSsifr^etc in 
 as they may be directed by the Secretary of the Treasury or 90 A 8 "s ^ i846 f> c. 
 the Postmaster-General so to do, pay over to the Treasurer Feb. 12. isra, c'. 
 of the United States, at the Treasury, all public moneys 435! 8 ' 
 collected by them or in their hands. All such collectors sec.36is,E.s. 
 and receivers of public moneys within the cities of New 
 
 York, Boston, Philadelphia, New Orleans, San Francisco, 
 Baltimore, Charleston, and Saint Louis shall, upon the same 
 direction, pay over to the assistant treasurers in their re- 
 spective cities, at their offices, respectively, all the public 
 moneys collected by them, or in their hands; to be safely 
 kept by the respective depositaries, until otherwise disposed 
 of according to law. It shall be the duty of the Secretary 
 and Postmaster-General, respectively, to direct such pay- 
 ments by the collectors and receivers at all the said places, 
 at least as often as once in each week, and as much oftener 
 as they may think proper. (See sec. 5490, R. S.) 
 
 229. All marshals, district attorneys, and other persons HOW marshals, 
 than those mentioned in the preceding section, having 
 
 public money to pay to the United States, may pay the same 
 to any depositary constituted by or in pursuance of law, 
 which may be designated by the Secretary of the Treasury. 
 (See sees. 5504, 5505, R. S.} 
 
 i&S! 8 ?! 
 
 in - v -' 16 ' 
 
 Sec. 3616, B. 8. 
 
 GENERAL DITTIES OF DISBURSING OFFICERS. 
 
 Par. 
 
 230. Duty of disbursing officers as 
 
 to public money. 
 
 231. Penalty for failure to deposit. 
 
 232. Accounts to be rendered 
 
 monthly. 
 
 233. Separate accounts required. 
 
 234. Suits to recover money from 
 
 delinquent officers. 
 
 235. Distress warrants. 
 
 236. Contents of warrant. 
 
 Par. 
 
 237. Execution against officer. 
 
 238. Execution against surety. 
 
 239. Levy to be a lien. 
 
 240. Sale of lands. 
 
 241. Conveyance of lands. 
 
 242. Disposal of surplus. 
 
 243. Penalty for failure of disburs- 
 
 ing officer to account, 
 
 244. Extent of application of dis- 
 
 tress warrants. 
 
90 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Par. 
 
 245. Postponement of proceedings 
 
 for nonaccounting, when 
 allowed. 
 
 246. Injunction to stay distress 
 
 251. Public moneys in Treasury 
 and depositories subject to 
 
 247. Proceedings on distress war- 
 
 rant in circuit court. 
 
 248. Rights of United States re- 
 
 served. 
 
 Par. 
 
 250. Transfers of moneys from 
 
 depositaries to Treasury, 
 
 etc. 
 
 draft of Treasurer. 
 252. Regulations for presentation 
 of drafts. 
 
 249. Duties of disbursing officers 
 as custodians of public 
 moneys. 
 
 Duty of dis- 230. It shall be the duty of every disbursing officer hav- 
 a" r8 to g p^biTc ing any public money intrusted to him for disbursement to 
 m ju e n y eu,i8G6,c. deposit the same with the Treasurer or some one of the 
 64*' Feb. 27,\ 4 877,' assistant treasurers of the United States, and to draw for 
 c.69,v.i9, p. 249'. th e same only as it may be required for payments to be 
 Sec. 3620, R. s. made by him in pursuance of law [and draw for the same 
 only in favor of the persons to whom payment is made;] and 
 all transfers from the Treasurer of the United States to a 
 disbursing officer shall be by draft or warrant on the Treas- 
 ury or an assistant treasurer of the United States. In 
 places, however, where there is no treasurer or assistant 
 treasurer, the Secretary of the Treasury may, when lie 
 deems it essential to the public interest, specially authorize 
 in writing the deposit of such public money in any other 
 public depository, or, in writing, authorize the same to be 
 kept in any other manner, and under such rules and regu- 
 lations as he may deem most safe and effectual to facilitate 
 the payments to public creditors. (See sec. 54S8, R. S.} 
 Penalty for 231. Every person who shall have moneys of the United 
 fh Mr! l 3j5B&e! States in his hands or possession, and disbursing officers 
 in, s. s, 11, p. h av i n g moneys in their possession not required for current 
 i896v 29^p a i79 8 ' expenditure, shall pay the same to the Treasurer, an Assist- 
 Sec 3621 R s ant Treasurer, or some public depositary of the United 
 States, without delay, and in all cases within thirty days of 
 their receipt. And the Treasurer, the Assistant Treasurer, 
 or the public depositary shall issue duplicate receipts for 
 the moneys so paid, transmitting forthwitli the original to 
 the Secretary of the Treasury, and delivering the duplicate 
 to the depositor: Provided, That postal revenue and debts 
 due to the Post-Office Department shall be paid into the 
 Treasury in the manner now required by law. 
 
 ACCOUNTS. 1 
 
 Accounts to be 232. Every officer or agent of the United States who 
 
 r6Ducrco. monto- 
 
 iy. receives public money which he is not authorized to retain 
 
 1 For other statutory provisions in relation to accounts, see the titles " The Comp- 
 troller of the Treasury " and " The Auditors of the Treasury" in the chapter entitled 
 THE TREASURY DEPARTMENT, and the title "Disbursing Officers" in the chapter 
 entitled THE STAFF DEPARTMENTS. 
 
THE MILITARY LAWS OF THE UNITED STATES. 91 
 
 as salary, pay, or emolument, shall render his accounts jgg 11 ^ 7 ^ 8 !! c ' 
 monthly. Such accounts, with the vouchers necessary to^; Mar.iiswi 
 the correct and prompt settlement thereof, shall be sent by 571 ; ' ju'iyisjsTo', 
 mail or otherwise to the Bureau to which they pertain P. 334 ; Feb. 2?,' 
 
 1877, c. 69, v. 19, p. 
 
 within ten days after the expiration of each successive 249 
 
 month, and after examination there shall be passed to the 31, iW 'vfVV 
 
 proper accounting officer of the Treasury for settlement. 20 
 
 Disbursing officers of the Navy shall, however, render their Sec * 3622 ' B * s * 
 
 accounts and vouchers direct to the proper accounting offi- 
 
 cer of the Treasury. In case of the nonreceipt at the Treas- 
 
 ury or proper Bureau of any accounts within a reasonable 
 
 and proper time thereafter, the officer whose accounts are 
 
 in default shall be required to furnish satisfactory evidence 
 
 of having complied with the provisions of this section. 
 
 Nothing herein contained shall, however, be construed to 
 
 restrain the heads of any of the Departments from requiring 
 
 such other returns or reports from the officer or agent, sub- 
 
 ject to the control of such heads of Departments, as the 
 
 public interest may require. (See sec. 5491 , R. 8.) 
 
 233. All officers, agents, or other persons receiving public eJ^JfSoiSiwf' 
 moneys, shall render distinct accounts of the application 00 Ma f 3 ' 1809 .' ' 
 
 *-o, S. 1, V. i, p. t)>5. 
 
 thereof according to the appropriation under which the 
 
 S< k <*. *>bL->, R, S 
 
 same may have been advanced to them. 
 
 SUITS TO RECOVER BALANCES DUE THE UNITED STATES. 
 
 234. Whenever any person accountable for public money, J^^JJSJ'Jjf 
 neglects or refuses to pay into the Treasury the sum or bal- Hnquent officers. 
 ance reported to be due to the United States upon the 20,8. i,Vi.p.5i2. 
 adjustment of his account, the First Comptroller of the sen.'w wail., m 
 Treasury shall institute suit for the recovery of the same, sec. 3624, B.S. 
 adding to the sum stated to be due on such account the 
 commissions of the delinquent, which shall be forfeited in 
 
 every instance where suit is commenced and judgment ob- 
 tained thereon, and an interest of six per centum per annum 
 from the time of receiving the money until it shall be repaid 
 into the Treasury. 1 
 
 DISTRESS WARRANTS. 
 
 235. Whenever any collector of the revenue, receiver of ra ^ t istress war " 
 public money, or other officer, who has received the public 10 7 Iay 2 5 \? 8 1' C ' 
 money before it is paid into the Treasury of the United 592'; May29,i83o,' 
 States, fails to render his account, or pay over the same in4i4 ; Feb.' 27.18*77, 
 the manner or within the time required by law, it shall be si, isw, v/28, p. 
 the duty of the proper Auditor to cause to be stated the 
 
 Sec. o625, R. S. 
 
 'See, also, the titles " The Comptroller of the Treasury" and " The Auditors of the 
 Treasury" in the chapter entitled THE TREASURY DEPARTMENT, paragraphs 134-165 
 supra. 
 
92 THE MILITARY LAW OF THE UNITED STATES. 
 
 account of such officer, exhibiting truly the amount due to 
 the United States, and to certify the same to the Solicitor 
 of the Treasury, who shall issue a warrant of distress 
 against the delinquent officer and his sureties directed to 
 the marshal of the district in which such officer and his 
 sureties reside. Where the officer and his sureties reside 
 in different districts, or where they or either of them reside 
 in a district other than that in which the estate of either 
 may be, which it is intended to take and sell, then such 
 warrant shall be directed to the marshals of such districts, 
 respectively. 1 
 
 contents of 236. The warrant of distress shall specify the amount 
 with which such delinquent is chargeable and the sums, if 
 
 Sec. 3626, R.S. 
 
 any, which have been paid. 
 Execution 237. The marshal authorized to execute any warrant of 
 
 against officer. J 
 
 i() May i5,^i82o, c distress shall, by himself or by his deputy, proceed to levy 
 593'. and collect the sum remaining due, by distress and sale of 
 
 sec.8627,B.s. the goods and chattels of such delinquent officer, having 
 given ten days' previous notice of such intended sale, by 
 affixing an advertisement of the articles to be sold at two 
 or more public places in the town and county where the 
 goods or chattels were taken, or in the town or county 
 where the owner of such goods or chattels may reside. If 
 the goods and chattels be not sufficient to satisfy the war- 
 rant, the same may be levied upon the person of such offi- 
 cer, who may be committed to prison, there to remain until 
 discharged by due course of law. 
 
 ^ e delinquent officer absconds, or if goods and 
 
 May 15, 1820,'c. chattels belonging to him can not be found sufficient to 
 
 593! 8< P ' satisfy the warrant, the marshal or his deputy shall proceed, 
 
 sec. 8628, R.S. notwithstanding the commitment of the delinquent officer, 
 
 to levy and collect the sum which remains due by such 
 
 delinquent, by the distress and sale of the goods and chat- 
 
 tels of his sureties; having given ten days' previous notice 
 
 of such intended sale, by affixing an advertisement of the 
 
 articles to be sold at two or more public places in the town 
 
 or county where the goods or chattels were taken, or in the 
 
 town or county where the owner resides. 
 
 iie^ evy to be a 239t Tlie amount due by any delinquent officer is de- 
 
 lo^lf 2 5 V 18 3' c ' C ^ are( i to be a lien upon the lands, tenements, and heredit- 
 
 593 - aments of such officer and his sureties, from the date of a 
 
 sec. 3629, R.S. levy in pursuance of the warrant of distress issued against 
 
 'For other statutory provisions in relation to accounts, see the titles " The Comp- 
 troller of the Treasury" and " The Auditors of the Treasury " in the chapter entitled 
 THE TREASURY DEPARTMENT, and the title "Disbursing Officers" in the chapter 
 entitled THE STAFF DEPARTMENTS. See also U. S. v. Kirkpatrick, 9 Wh., 720; U.S. 
 v. VanZandt, 11 Wh., 184; U. S. v. Nicholl, 12 Wh., 505; Dox v. Postmaster-General. 
 1 Pet., 325; U. S.v. Nourse, 9 Pet., 8; Cary v. Curtis, 3 How., 246; Murray's Lessee 
 v. Hoboken Co., 18 How., 272; U. S. v. Maurice, 2 13rock., 96; Ex parte Randolph, 2 
 Brock., 447; Armstrong v. U. S., Gilp., 399. 
 
THE MILITARY LAWS OF THE UNITED STATES. 93 
 
 him or them, and a record thereof made in the office of the 
 clerk of the district court of the proper district, until the 
 same is discharged according to law. 
 
 240. For want of goods and chattels of a delinquent offi- sale of lands, 
 cer, or his sureties, sufficient to satisfy any warrant of 107,? 2%. 3,' p! 
 distress issued pursuant to the foregoing provisions, the 
 
 lands, tenements, and hereditaments of such officer and his > ec * 3630 > B - s> 
 sureties, or so much thereof as may be necessary for that 
 purpose, after being advertised for at least three weeks in 
 not less than three public places in the county or district 
 where such real estate is situate, before the time of sale, 
 shall be sold by the marshal of such district or his deputy. 
 
 241. For all lands, tenements, or hereditaments sold in Conveyance of 
 
 lands. 
 
 pursuance of the preceding section, the conveyance of the MM. 
 
 marshal or his deputy, executed in due form of law, shall Sec. 363i,n.s. 
 give a valid title against all persons claiming under such 
 delinquent officer or his sureties. 
 
 242. All moneys which may remain of the proceeds of Disposal of Bur- 
 sales, after satisfying the warrant of distress, and paying ibid. 
 
 the reasonable costs and charges of the sale, shall be re- sec, 3632, B.S. 
 turned to such delinquent officer or surety, as the case 
 may be. 
 
 243. Whenever any officer employed in the civil, military. Penalty for fail- 
 
 , *' ure of disbursing 
 
 or naval service of the Government, to disburse the public officer to ac- 
 money appropriated for those branches of the public serv- M n a y 15, 1320, o. 
 
 , -i r> -i 11- 107, 8. 3. v. 3, p. 
 
 ice. respectively, iails to render his accounts, or to pay over, 594 ; May 29, 
 
 in the manner and in the times required by law, or by 
 
 regulations of the Department to which he is accountable, 28ip2ob. ! 
 
 any sum of money remaining in his hands, it shall be the sec. 3633, B.S. 
 
 duty of the proper Auditor, as the case may be, who shall 
 
 be charged with the revision of the accounts of such officer, 
 
 to cause to be stated and certified the account of such 
 
 delinquent officer to the Solicitor of the Treasury, who is 
 
 hereby authorized and required immediately to proceed 
 
 against such delinquent officer, in the manner directed in 
 
 the six preceding sections. 
 
 244. All the provisions relating to the issuing of a war- Extent of ap- 
 rant of distress against a delinquent officer shall extend to treat warrants! 8 
 every officer of the Government charged with the disburse- 107, a l^ V. 3,'p! 
 ment of the public money, and to their sureties, in the same gec 36g4 ^ 
 manner and to the same extent as if they were herein 
 described and enumerated. 
 
 245. With the approval of the Secretary of the Treasury, Postponement 
 the institution of proceedings by a warrant of distress may for nma^coun? 
 be postponed, for a reasonable time, in cases where, in his lowed w 
 opinion, the public interest will sustain no injury by such lo^Y sf'v 8 !!'?.' 
 postponement. 59 s ec . seas, B.S. 
 
94 THE MILITARY LAWS OF THE UNITED STATES. 
 
 ds t?e as ^^' ^ n ^ P erson who considers himself aggrieved by any 
 W Ma a "i5 1820 c warran ^ f Distress issued under the foregoing provisions 
 107, ss. 4, 5, v. 3, p. may prefer a bill of complaint to any district judge of the 
 United States, setting forth therein the nature and extent 
 'of the injury of which he complains; and thereupon the 
 judge may grant an injunction to stay proceedings on such 
 warrant altogether, or for so much thereof as the nature of 
 the case requires. But no injunction shall issue till the 
 party applying for it gives bond, with sufficient security, 
 in a sum to be prescribed by the judge, for the performance 
 of such judgment as may be awarded against him; nor 
 shall the issuing of such injunction in any manner impair 
 the lien produced by the issuing of the warrant. And the 
 same proceedings shall be had on such injunction as in 
 other cases, except that no answer shall be necessary on 
 the part of the United States, and if, upon dissolving the 
 injunction, it appears to the satisfaction of the judge that 
 the application for the injunction was merely for delay, the 
 judge may add to the lawful interest assessed on all sums 
 found due against the complainant such damages as, with 
 such lawful interest, shall not exceed the rate of ten per 
 centum a year. Such, injunction may be granted or dis- 
 solved by the district judge either in or out of court. 
 Proceedings on 247. When the district judge refuses to grant an injuuc- 
 
 distress warrant J 
 
 in circuit court, tion to stay proceedings on a distress-warrant, as aforesaid, 
 
 May 15, 1820, c. 
 
 107,^88. 4, G, v. 3, or dissolves such injunction after it is granted, any person 
 ?869, c. 22,%. 2, who considers himself aggrieved by the decision in the 
 premises may lay before the circuit justice, or circuit judge 
 ' of the circuit within which such district lies, a copy of the 
 proceeding had before the district judge; and thereupon 
 the circuit justice or circuit judge may grant an injunction, 
 or permit an appeal, as the case may be, if, in his opinion, 
 the equity of the case requires it. The same proceedings, 
 subject to the same conditions, shall be had upon such 
 injunction in the circuit court as are prescribed in the dis- 
 trict court. 
 
 uSteS statls re '248. Nothing contained in the provisions of this title 
 
 8e Ma d 'i5 1820 c re l a ^ n 8' ^ distress-warrants shall be construed to take 
 
 io7, s. o, V. 3, V away or impair any right or remedy which the United States 
 
 might have, by law, for the recovery of taxes, debts, or 
 
 Sec. 3638, R.S. _ J J 
 
 demands. 
 Duties of dis 249. The Treasurer of the United States, all assistant 
 
 cursing orncers ' 
 
 as custodians of treasurers, and those performing the duties of assistant 
 
 public moneys. 
 
 Aug. e, 1846, c. treasurer, all collectors of the customs, all surveyors of the 
 Mar.' 3, v 'i857; c ! customs, acting also as collectors, all receivers of public 
 
 114, s. 2, v. 11, p. 
 
 249; July 3,1852, c. 54, 8.7, v. 10, p. 12; Mar. 3, 1863, c. 96, s. 5, v. 12, p. 770; July 4, 1864, c. 24. s.5, 
 
 v,13,p. 383; Apr. 21,1862, c. 59, 8. 5, v. 12, p. 382; Feb. 18, 1869, c. 33, 8.4, v. 15, p. 271. Sec. 3639, B. S, 
 
THE MILITARY LAWS OF THE UNITED STATES. 95 
 
 moneys at the several land-offices, all postmasters, and all 
 public officers of whatsoever character, are required to 
 keep safely, without loaning, using, depositing in banks, or 
 exchanging for other funds than as specially allowed by 
 law, all the public money collected by them, or otherwise 
 at any time placed in their possession and custody, till the 
 same is ordered, by the proper Department or officer of 
 the Government, to be transferred or paid out; and when 
 such orders for transfer or payment are received, faithfully 
 and promptly to make the same as directed, and to do and 
 perform all other duties as fiscal agents of the Government 
 which may be imposed by any law, or by any regulation of 
 the Treasury Department made in conformity to law. The 
 President is authorized, if in his opinion the interest of the 
 United States requires the same, to regulate and increase 
 the sums for which bonds are, or may be, required by law, 
 of all district attorneys, collectors of customs, naval offi- 
 cers, and surveyors of customs, navy agents, receivers and 
 registers of public lands, paymasters in the Army, com- 
 missary-general, and by all other officers employed in the 
 disbursement of the public moneys, under the direction of 
 the War or Navy Departments. (See sees. 5489-5497 , R. 8.) 
 
 TRANSFERS OF FUNDS BY THE SECRETARY OF THE 
 TREASURY. 
 
 250. The Secretary of the Treasury may, except as pro- Transfers of 
 
 *.. L , moneys from de- 
 
 vided in the next section, transfer the moneys in the hands positarioa to 
 of any depositary of public moneys to the Treasury of the r Aug Ur <Ti846, c. 
 United States to the credit of the Treasurer; and he may 90 ' 8t 10) v> 9l p ' 6L 
 transfer moneys in the hands of one depositary to any other Sec> 86 *' K * s< 
 depositary, as the safety of the public moneys and the con- 
 venience of the public service shall seem to him to require. 
 
 251. All moneys paid into the Treasury of the United Public moneys 
 States shall be subject to the draft of the Treasurer. And <Tepos?Sea sab- 
 for the purpose of payments on the public account ^ 
 
 Treasurer is authorized to draw upon any of the deposi- 90 ^ u f ^ 9 8 J 6 6i! 
 taries, as he may think most conducive to the public inter- Sec g644 B s 
 est and to the convenience of the public creditors. Each 
 depositary so drawn upon shall make returns to the Treas- 
 ury and Post-Office Departments of all moneys received 
 and paid by him, at such times and in such forms as shall 
 be directed by the Secretary of the Treasury or the Post- 
 master-General. 
 
 PRESENTATION OF DRAFTS. 
 
 252. It shall be the duty of the Secretary of the Treasury fo 
 to issue and publish regulations to enforce the speedy pres- Oi j{[jj ft 8 8 31 
 entation of all Government drafts, for payment, at the sec. 3645,' 
 place where payable, and to prescribe the time, according 
 to the different distances of the depositaries from the seat 
 
96 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 of Government, within which all drafts upon them, respec- 
 tively, shall be presented for payment; and, in default of 
 such presentation, to direct any other mode and place of 
 payment which he may deem proper; but, in all these regu- 
 lations and directions, it shall be his duty to guard, as far 
 as may be, against those drafts being used or thrown into 
 circulation as a paper currency or a medium of exchange. 
 (See sees. 5495, 5496, R. S.) 
 
 DISBURSING AGENTS. 
 
 Par. 
 
 253. Expenses of fiscal agents. 
 
 254. Collectors to act as disbursing 
 
 agents. 
 
 Par. 
 
 255. Special disbursing agents. 
 
 256. CoDipeusation of certain dis- 
 
 bursing agents. 
 
 Expenses of 253. The officers, respectively, whose duty it is made by 
 
 fiscal agents. * 
 
 Aug. e, 1846, c this Title to receive, keep, or disburse the public moneys, 
 J ' as the fiscal agents of the Government, may be allowed any 
 
 * ec ' 8663 ' B ' 8 * necessary additional expenses for clerks, fire-proof chests 
 or vaults, or other necessary expenses of safe keeping, trans- 
 ferring, or disbursing the moneys; but all such expenses of 
 every character shall be first expressly authorized by the 
 Secretary of the Treasury, whose directions upon all the 
 above subjects, by way of regulation and otherwise, so far 
 as authorized by law, shall be strictly followed by all the 
 officers. 1 
 
 collectors to 254. The collectors of customs in the several collection 
 
 act as disbursing . 
 
 agents. districts are required to act as disbursing agents for the 
 
 i54," n i7, v. 11, payment of all moneys that are or may hereafter be appro- 
 
 priated for the construction of custom-houses, court-houses, 
 
 sec. 3657, B.s. post-offices, and marine hospitals; with such compensation, 
 
 not exceeding one quarter of one per centum, as the Secre- 
 
 tary of the Treasury may deem equitable and just. (See 
 
 sec. 255.} 
 
 Special dis 255. Where there is no collector at the place of location 
 
 irSing Rff6DtS. 
 
 July 28, 1866, c. of any public work specified in the preceding section, the 
 
 we. 3658, R. s. 
 
 Secretary of the Treasury may appoint a disbursing agent 
 f or ^ e p a y men tj of all moneys appropriated for the con- 
 struction of any such public work, with such compensation 
 as he may deem equitable and just 
 
 ^' ^ nv disbursing agent who has been or may be 
 bU Au ing 7 a f882 t8 v a PPi u t e d- t disburse any appropriation for any United 
 22, p. aoe! 'States court-house and post office, or other building or 
 grounds, not located within the city of Washington, shall 
 be entitled to the compensation allowed by law to collectors 
 of customs for such amounts as have been or may be dis- 
 bursed. Act of August 7, 1882 (22 Stat. L., 306). 
 
 1 An officer charged with the duty of safely keeping and paying over public money 
 is not relieved from liability although it is destroyed by fire whil 
 and without negligence on his part. (1 Compt. Dec., 191.) 
 
 fire while in his possession 
 
CHAPTER VI. 
 
 THE POST-OFFICE DEPARTMENT. 
 
 Par. 
 
 257. Establishment of the Post- 
 
 Office Department. 
 
 258. Oath of office. 
 
 259. Oath, before whom taken. 
 
 260. Classes of mail matter. First 
 
 class. 
 
 261. Rates of postage. Soldiers' 
 
 letters. 
 
 262. Special-delivery stamps. 
 
 263. Specially stamped letters to 
 
 be delivered. 
 
 264. Letters on official business 
 
 may be sent free. Penalty 
 for using official envelopes 
 to avoid payment of post- 
 age. 
 
 Par. 
 
 265. Official envelopes to be pro- 
 
 vided. How franked. 
 
 266. Senators, members, etc., may 
 
 send documents free. 
 
 267. Extension of franking privi- 
 
 lege. Official mail of 
 Smithsonian Institu t i o n . 
 Return penalty envelopes. 
 Mail matter of Executive 
 Departments, etc., may be 
 registered free. 
 
 268. Postmaster-General to con- 
 
 tract for all envelopes for 
 Executive Departments. 
 
 257. There shall be at the seat of Government an Exec- Establishment 
 utive Department to be known as the Post-Office Depart- Department, 
 merit, and a Postmaster-General, who shall be the head 's^^ijp?^?'; 
 
 287. 
 Sec. 391, R. S. 
 
 
 thereof, and who shall be appointed by the President, 
 
 and with the advice and consent of the Senate, and who p<283- 
 
 may be removed in the same manner; and the term of the Sec ' 358 ' R * 8< 
 
 Postmaster-General shall be for and during the term of the 
 
 President by whom he is appointed, and for one month 
 
 thereafter, unless sooner removed. 
 
 258. Before entering upon the duties of his office and oath of office, 
 before he shall receive any salary the Postmaster-General 335, s. is'.v.nip. 
 and each of the persons employed in the postal service shall 
 respectively take and subscribe before some magistrate or 
 other competent officer the following oath: "I, A. B., do 
 solemnly swear (or affirm) that I will faithfully perform all 
 the duties required of me, and abstain from everything for- 
 bidden by the laws in relation to the establishment of post- 
 offices and post-roads within the United States 5 and that 
 I will honestly and truly account for and pay over any 
 money belonging to the said United States which may come 
 into my possession or control; and I also further swear that 
 1919 7 97 
 
98 THE MILITARY LAWS OF THE UNITED STATES. 
 
 I will support the Constitution of the United States; so 
 help me God." Act of March 5, 1874 (18 Stat. L., 19}. 
 whom taken f re ^59. Any officer, civil or military, holding a commission 
 335 U s ne i5 1 v 8 i7'i^ under tne lcrnited States is authorized to administer and 
 s 87 ' certify the oath prescribed by the preceding section. 
 
 Sec. 392, R. S. 
 
 CLASSIFICATION OF MAIL MATTER. 
 
 matter 868 fmail 260< Tnat mailaole matter shall be divided into four 
 
 Mar. 3, 1879, s. pi o capo 
 7, v. 20, p. 358. 
 
 First, written matter; 
 Second, periodical publications; 
 Third, miscellaneous printed matter; 
 Fourth, merchandise. 
 
 First class. Mailable matter of the first class shall embrace letters, 
 postal cards, and all matters wholly or partly in writing, 
 except as hereinafter provided. 1 
 
 RATES OF LETTER POSTAGE. 
 
 Kates of post 2QI. That on mailable matter of the first class, except 
 voi 23 3 's86 1885 ' P osta l car ds and drop letters, postage shall be prepaid at 
 the rate of two cents for each ounce or fraction thereof; 
 postal cards shall be transmitted through the mails at a 
 postage charge of one cent each, including the cost of 
 manufacture; and drop letters shall be mailed at the rate 
 of two cents per ounce or fraction thereof, including deliv- 
 ery at letter carrier offices, and one cent for each ounce or 
 fraction thereof where free delivery by carrier is not estab- 
 tefs ldl< i lished. The Postmaster General may, however, provide, by 
 regulation, for transmitting unpaid and duly certified let- 
 ters of soldiers, sailors, and marines in the service of the 
 United States to their destination, to be paid on delivery. 2 
 Act of March 3, 1885 (23 Stat. L., 386}. 
 
 SPECIAL DELIVERY. 
 
 ery p stamp8. eliv 262 - That a special stamp of the face valuation of ten 
 isss "voi M 23 r ' p cents mav b e provided and issued, whenever deemed advis- 
 able or expedient, in such form and bearing such device 
 as may meet the approval of the Postmaster-General, 
 which, when attached to a lettter, in addition to the lawful 
 postage thereon, the delivery of which is to be at a free 
 delivery office, or at any city, town, or village containing 
 a population of four thousand or over, according to the 
 Federal census, shall be regarded as entitling such letter 
 to immediate delivery within the carrier limit of any free 
 
 1 For description of matter embraced in the second, third, and fourth classes see 
 the act of March 3, 1879 (20 Stat. L., 358). 
 
 2 Amended as noted by the act of March 3, 1885 (23 Stat. L., 386). 
 
THE MILITARY LAWS OF THE UNITED STATES. 99 
 
 delivery office which may be designated by the Postmaster- 
 General as a special delivery office, or within one mile of the 
 post office at any other office coming within the provisions 
 of this section which may in like manner be designated as 
 a special delivery office. Sec. 3, act of March 5, 1885 (23 
 Stat. L., 386). 
 
 263. That such specially stamped letters shall be deliv- 8t! f m y d c \*^ 
 ered from seven o'clock ante meridian up to twelve o'clock t( 's^ c d 4 el 
 midnight at offices designated by the Postmaster-General 
 
 under section three of this act. Sec. 4, ibid. 
 
 OFFICIAL LETTERS. 
 
 264. That it shall be lawful to transmit through the mail, ^ 
 
 free of postage, any letters, packages, or other matters re- may be sent free. 
 
 lating exclusively to the business of the Government of 
 
 the United States: Provided, That every such letter or sec. 5 Mar 3, 
 
 package to entitle it to pass free shall bear over the words 1879 ' 19 ' p 355 
 
 "Official business" an endorsement showing also the name 
 
 of the Department, and, if from a bureau or office, the 
 
 names of the Department and bureau or office, as the case 
 
 for us 
 
 may be, whence transmitted. And if any person shall make . I'enaiiy 
 
 J ingoflicialenvel. 
 
 use of any such official envelope to avoid the payment of <>pea to avoid 
 
 payment of post- 
 
 postage on his private letter, package, or other matter mage. 
 the mail, the person so offending shall be deemed guilty of 
 a misdemeanor, and subject to a fine of three hundred dol 
 lars,to be prosecuted in any court of competent jurisdiction. 1 
 Sec. 5, act of March 5, 1879 (19 Stat. L., 355}. 
 
 265. That for the purpose of carrying this act into effect, *^ b n pjj. 
 it shall be the duty of each of the Executive Departments vi g wl . 
 
 Sec. G, ibid 
 
 of the United States to provide for itself and its subordi 
 nate offices the necessary envelopes; and in addition to the 
 endorsement designating the Department in which they are indorsement 
 to be used the penalty for the unlawful use of these envel- 
 opes shall be stated thereon. Sec. 6, ibid. 
 
 266. That Senators, Representatives, and Delegates in be ^ na ^j ) c !' s e ; 
 Congress, the Secretary of the Senate, and Clerk of the 8 , en(l documents 
 House of Representatives, may send and receive through Sec i ibid. 
 the mail, all public documents printed by order of Con 
 
 gress 2 ; and the name of each Senator, Representative, flow franked. 
 Delegate, Secretary of the Senate, and Clerk of the House 
 shall be written thereon, with the proper de ignation of 
 the office he holds ; and the provisions of this section shall 
 apply to each of the persons named therein until the first 
 
 'For regulations respecting the use of penalty envelopes in the transmission of 
 official correspondence, see paragraphs 813-817 Army Regulations of 1895. These 
 envelopes are for use in domestic correspondance only, and will not cover the trans- 
 portation of letters to foreign countries upon which postage stamps must be used. 
 
 2 Extended to letters addressed, officially, to any officer of the Government by sec- 
 tion 3, act of March 3, 1891 (26 Stat. L., 1081), 
 
100 THE MILITARY LAWS OF THE UNITED STATES. 
 
 day of December following the expiration of their respec- 
 tive terms of office. Sec. 7, ibid. 
 
 sec 3, July 5, 267 The provisions of the fifth and sixth sections of the 
 Extension of act entitled a An act establishing post-routes, and for other 
 iege. 1U 1 purposes" approved March third, eighteen hundred and 
 seventy-seven, for the transmission of official mail matter, 
 be, and they are hereby, extended to all officers of the 
 United States Government, not including members of Con- 
 gress, the envelopes of such matter m all cases to bear 
 appropriate indorsements containing the proper designa- 
 tion of the office from which or officer from whom the same 
 is transmitted, with a statement of the penalty for their 
 misuse. And the provisions of said fifth and sixth sections 
 are hereby likewise extended and made applicable to all 
 maSof smith official mail-matter ot the Smithsonian Institution : Pro- 
 tion an Institu vided, That any Department or officer authorized to use 
 Return penalty ^he penalty envelopes may inclose them with return address 
 
 envelopes. J 
 
 to any person or persons from or through whom official 
 
 information is desired, the same to be used only to cover 
 
 such official information, and indorsements relating thereto : 
 
 E*^ P rov id e d further, That any letter or packet to be regis- 
 
 partments, etc., tered by either of the Executive Departments, or Bureaus 
 
 may be regis- 
 tered free thereof, or by the Agricultural Department, or by the 
 
 Public Printer, may be registered without the payment of 
 any registry fee; and any part-paid letter or packet ad- 
 dressed to either of said Departments or Bureaus may be 
 delivered free; but where there is good reason to believe 
 the omission to prepay the full postage thereon was inten- 
 tional, such letter or packet shall be returned to the 
 sender: Provided further, That this act shall not extend 
 or apply to pension agents or other officers who receive a 
 fixed allowance as compensation for their services, includ 
 ing expenses of postages. And section thirty nine hun 
 dred and fifteen of the Revised Statutes of the United 
 States, so far as the same relates to stamps and stamped 
 envelopes for official purposes, is hereby repealed. Pec. 3 9 
 act of July 5, 1884 (23 Stat. L., 158). 
 
 PURCHASE OF ENVELOPES FOR USE OF THE EXECUTIVE 
 DEPARTMENTS. 
 
 postmaster 268. The Postmaster-General shall contract for all envel- 
 tract r for ^u^n opes, stamped or otherwise, designed for sale to the public, 
 ecmive Depart or f r use Dv D1S owu or other Departments, and may con 
 m |ec S 96 jan 12 tract for them to be plain or with such printed matter as 
 1895, v 28, p 624' ma y be prescribed by the Department making requisition 
 therefor: Provided, That no envelope furnished by the 
 Government shall contain any business address or adver- 
 tisement. Sec. 96, act of January 12, 1895 (28 Stat. L., 624}. 
 
CHAPTER VII. 
 
 THE DEPARTMENT OF JUSTICE-HABEAS COR- 
 PUSTHE COURT OF CLAIMS. 
 
 THE DEPARTMENT OF JUSTICE. 
 
 Par. 
 
 269. Establishment of Department 
 
 of Justice. 
 
 270. Solicitor-General. 
 
 271. Duties of Attorney-General, 
 
 272. Title to laud to be purchased 
 
 by the United States. 
 
 273. Opinion of Attorney-General 
 
 upon questions of law. 
 
 274. Legal advice to Departments 
 
 of War and Navy. 
 
 275. Reference of questions by At- 
 
 torney-General to subordi 
 nates. 
 
 Par. 
 
 276. Conduct and argument of 
 
 cases. 
 
 277. Performance of duty by offi- 
 
 cers of Department of Jus- 
 tice. 
 
 278. Officers of the Department to 
 
 perform all legal services 
 required for other Depart- 
 ments. 
 
 279. Attendance of counsel 
 
 280. Interest of United States in 
 
 pending suits, who may 
 attend to 
 281 Publication of opinions. 
 
 269. There shall be at the seat of Government an Execu- 
 tive Department to be known as the Department of Jus- 
 tice, and an Attorney-General, who shall be the head 
 thereof. Juno 22, ISTO c 150. s i.v ie, p. 162. 
 
 270. There shall be in the Department of Justice an offi 
 cer learned in the law, to assist the Attorney-General in 
 the performance of his duties, called the Solicitor-General, 
 who shall be appointed by the President, by and with the 
 advice and consent of the Senate, and shall be entitled to 
 a salary of seven thousand dollars a year. In case of a 
 vacancy in the office of Attorney -General, or of his absence 
 or disability, the Solicitor General shall have power to exer- 
 cise all the duties of that office. 
 
 101 
 
 Establiahment 
 of Department of 
 Justice. 
 
 Sept 24, 1789, c. 
 20, s 35 v in 92; 
 
 Sec. 340, R. S. 
 
 Solicitor Gen 
 erai. 
 
 June 22, 1870 c 
 150 s 2,v 16 p. 
 162, July 7 1884, 
 v 23. p 192. 
 
 Sec. 347, R. S. 
 
102 THE MILITARY LAWS OF THE UNITED STATES. 
 
 be^^hal^by 271t ^ P ublic money shall be expended upon any site 
 tbeUnited states, or land purchased by the United States for the purposes 
 Res. JS T o.6,'v.5. p. of erecting thereon any armory, arsenal, fort, fortification, 
 navy-yard, custom-house, light-house, or other public build- 
 ec.355, R. s - ln g ? of any kiu( j wna tever, until the written opinion of the 
 Attorney-General shall be had in favor of the validity of 
 the title, 1 nor until the consent of the legislature of the 
 State in which the land or site may be, to such purchase, 
 has been given. The district attorneys of the United 
 States, upon the application of the Attorney-General, shall 
 furnish any assistance or information in their power in 
 relation to the titles of the public property lying within 
 their respective districts. And the Secretaries of the De- 
 partments, upon the application of the Attorney-General, 
 shall procure any additional evidence of title which he may 
 deem necessary, and which may not be in the possession 
 of the officers of the Government, and the expense of pro- 
 curing it shall be paid out of the appropriations made for 
 the contingencies of the Departments respectively. 1 
 Duties of At 272. The Attorney-General shall give his advice and 
 
 torney-General. . . , 
 
 opinion upon questions of law. whenever required by the 
 
 Sec. 354, R S. * 
 
 President. 
 opinion of At 273 The head of any Executive Department may require 
 
 tomey-General 
 
 upon questions the opinion of the Attorney-General on any questions of 
 June22,i87o,c law arising in the administration of his Department.* 
 
 150, s. C, v 16, p 163. Sec. 356, R. S. 
 
 to L ifepartm V en C t8 ^74. Whenever a question of law arises in the adminis- 
 Sav War and tration of the Department of War or the Department of 
 the Navy, the cognizance of which is not given by statute 
 to some other officer from whom the head of the Depart- 
 357, R.S. ment may require advice, it shall be sent to the Attorney- 
 General, to be by him referred to the proper officer in his 
 Department, or otherwise disposed of as he may deem 
 proper. 
 
 275 An y Question of law submitted to the Attorney- 
 r nis opinion, except questions involving a con- 
 noTfV^'p struction of the Constitution of the United States, may be 
 162 by him referred to such of Ins subordinates as he may deem 
 
 sec. 358, R. s. appropriate, and he may require the written opinion thereon 
 of the officer to whom the same may be referred. If the 
 opinion given by such officer is approved by the Attorney- 
 
 1 The Attorney -General in certifying the title of land purchased by the Govern 
 ment must look at the question as one of pure law, and can not relax the rules of 
 law on account either of the desirableness of the object or the smallness of the value 
 of the land. 6 Opin. Att. Gen., 432. See, also, the chapters entitled THE PUBLIC 
 LANDS, CONTRACTS AND PURCHASES, AND THE CORPS OF ENGINEERS. 
 
 2 The Attorney-General is not authorized to give an official opinion in any case, 
 except on the call of the President or some one of the heads of Departments. 1 Opin 
 Att. Gen., 211. Subordinate officers of the Government who desire an official opinion 
 of the Attorney-General must seek it through the head of the Department to (vhicb 
 they are accountable Ibid 
 
THE MILITARY LAWS OF THE UNITED STATES. 103 
 
 General, such approval indorsed thereon shall give the 
 opinion the same force and effect as belong to the opinions 
 of the Attorney-General. 1 
 
 276. Except when the Attorney-General in particular conduct and 
 
 argument of 
 
 cases otherwise directs, the Attorney-General and Solicitor- cases. 
 General shall conduct and argue suits and writs of error2o,s. p 35,v.i,p.92 ; ' 
 
 i .,10. y-T i -A. , n , June 25, 1868, c. 
 
 and appeals in the Supreme Court and suits in the Court7i,s.5,v.i5,p.75 ; 
 of Claims in which the United States is interested, and 150? s. 5 ?,' v. 8 i6,' p! 
 the Attorney-General may, whenever he deems it for the 16< 
 interest of the United States, either in person conduct and Sec * 359 ' B * s ' 
 argue any case in any court of the United States in which 
 the United States is interested, or may direct the Solicitor- 
 General or any officer of the Department of Justice to 
 do so. 
 
 277. The Attorney- General may require any solicitor or 
 officer of the Department of Justice to perform any 
 
 required of the Department or any officer thereof. June 22, ISTO, c. 
 
 150, s. 14, v. 16, p. 164. Sec- 360, R. S. 
 
 278. The officers of the Department of Justice, under the officers of the 
 
 Department t o 
 
 direction of the Attorney-General, shall give all opinion s perform all legal 
 
 , services required 
 
 and render all services requiring the skill of persons learned for other Depart- 
 in the la,w necessary to enable the President and heads of June22, ISTO.C. 
 Departments, and the heads of Bureaus and other officers 164 1 . 8 ' >v> 
 in the Departments, to discharge their respective duties ; sec. SGI, B.S. 
 and shall, on behalf of the United States, procure the 
 proper evidence for, and conduct, prosecute, or defend all 
 suits and proceedings in the Supreme Court and in the 
 Court of Claims, in which the United States, or any officer 
 thereof, as such officer, is a party or may be interested; 
 and no fees shall be allowed or paid to any other attorney 
 or counselor at law for any service herein required of the 
 officers of the Department of Justice, except in the cases 
 provided by section three hundred and sixty-three. 
 
 279. Whenever the head of a Department or Bureau co ^" dance of 
 gives the Attorney-General due notice that the interests of R1 Fe b - ifx 187 }'S- 
 
 * 51,8o l V, To, p*4U. 
 
 the United States require the service of counsel upon the 364 
 examination of witnesses touching any claim, or upon the 
 legal investigation of any claim, pending in such Depart- 
 ment or Bureau, the Attorney-General shall provide for 
 such service. 
 
 'The opinions of successive Attorneys-General, possessed of greater or less amount 
 of legal acumen, acquirement, and experience, have come to constitute a body of legal 
 precedents and exposition, having authority the same in kind, if not the same in 
 degree, with decisions of the courts of justice. 6 ibid., 326. The opinion of the 
 Attorney-General for the time being is, in terms, advisory to the Secretary who calls 
 for it; but it is obligatory as the law of the case unless, on appeal by such Secretary 
 to the common superior of himself and the Attorney-General, namely, the President 
 of the United States, it be by the latter overruled. 7 ibid., 692. The Attorney- 
 General will not give a speculative opinion, on an abstract question of law, which 
 does not arise in any case presented for the action of an Executive Department. 
 11 ibid., 189. Ho will only give opinions on questions of law arising on facta which 
 are authoritatively stated by a head of Department. 10 ibid., 267. 
 
104 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 i6, p. 
 
 united 6 states In 280< ^ & Solicitor-General, or any officer of the Depart- 
 pending suits, ment of Justice, may be sent by the Attorney -General to 
 
 who may attend J J 
 
 to. any State or District in the United States to attend to the 
 
 150, s. 5, v. 16, 'p! interests of the United States in any suit pending in any 
 
 of the courts of the United States, or in the courts of any 
 
 sec. 367, R. s. gtate ^ Qr ^ attend to any other interest of the United 
 
 States. 
 
 Publication of 281. The Attorney-General shall from time to time cause 
 Op jun e22, ISTO, c. to be edited, and printed at the Government Printing-Of- 
 fice ^ an e( jition O f one thousand copies of such of the opin- 
 i ns f ^ ne law-officers herein authorized to be given as he 
 may deem valuable for preservation in volumes, which shall 
 be, as to size, quality of paper, printing, and binding, of uni- 
 form style and appearance, as nearly as practicable, with 
 volume eight of such opinions, published, by Robert Farn- 
 ham, in the year eighteen hundred and sixty-eight. Each 
 volume shall contain proper head-notes, a complete and full 
 index, and such foot-notes as the Attorney-General may ap- 
 prove. Such volumes shall be distributed in such manner 
 as the Attorney -General may from time to time prescribe. 1 
 
 i5o, s. is 
 
 Sec. 383, R. s. 
 
 HABEAS CORPUS. 
 
 Par. 
 
 282. Power of courts to issue writs 
 
 of habeas corpus. 
 
 283. Power of judges to graut 
 
 writs of habeas corpus. 
 
 284. Writs of habeas corpus when 
 
 prisoner is in jail. 
 
 285. Application for the writ of 
 
 habeas corpus. 
 
 280. Allowance and direction of 
 the writ. 
 
 287. Time of return. 
 
 288. Form of return. 
 
 289. Body of the party to be pro- 
 
 duced. 
 
 290. Day for hearing. 
 
 Par. 
 
 291. Denial of return, counter- 
 
 allegations, amendments. 
 
 292. Summary hearing; disposi- 
 
 tion of party. 
 
 293. In cases involving the law of 
 
 nations, notice to be served 
 on State attorney-general. 
 
 294. Appeals in cases of habeas 
 
 corpus to circuit court. 
 
 295. Appeal to Supreme Court. 
 
 296. Appeals, how taken. 
 
 297. Pending proceedings in cer- 
 
 tain cases, action by State 
 authority void. 
 
 1 Table showing the period covered by each of the nineteen volumes of the Official Opin- 
 ions of the Attorneys-General of the United States, (a) 
 
 Opinions. 
 
 Period. 
 
 Opinions. 
 
 Period. 
 
 From 
 
 To 
 
 From 
 
 To- 
 
 Vol. 1 
 2 
 
 3 
 
 Aug. 21, 1791 
 June 9,1825 
 Oct. 10,1835 
 Feb. 11,1842 
 July 17, 1848 
 Mar. 12, 1853 
 Oct. 9, 1854 
 July 10, 1856 
 Mar. 24, 1857 
 Jan. 3, 1861 
 
 June 6, 1825 
 Sept. 21, 1835 
 Feb. 10,1842 
 June 28, 1848 
 Mar. 3,1853 
 Oct. 7, 1854 
 July 9,1856 
 Mar. 4,1857 
 Dec, 17,1857 
 Oct. 9, 1863 
 
 Vol. 11 . 
 12. 
 13. 
 14 . 
 15. 
 16. 
 17. 
 18 . 
 19. 
 
 Nov. 6,1863 
 Aug. 1,1866 
 Mar. 11, 18G9 
 Jan. 15,1872 
 May 27,1875 
 Apr. 29, 1878 
 Jan. 6, 1881 
 Apr. 23, 1884 
 Apr. 16, 1887 
 
 July 14.1866 
 Mar. 3, 1869 
 Dec. 21,1871 
 Sept. 30, 1874 
 Mar. 8, 1878 
 Dec. 22, l80 
 Apr. 19,1884 
 Apr. 13,1887 
 Dec. 31,1890 
 
 4 
 
 5 
 
 6 
 7 
 8 
 
 9 
 
 10 . ... 
 
 
 a From Vol. 3, Digest of Decisions of the Second Comptroller. 
 
THE MILITARY LAWS OP THE UNITED STATES. 105 
 
 282. The Supreme Court and the circuit and district . Ppwerofcourts 
 
 to issue writs of 
 
 courts shall have power to issue writs of habeas cor pus. 1 
 
 283. The several justices and judges of the said courts. Powerof judges 
 
 , 7 to grant writs of 
 
 within their respective jurisdictions, shall have power to habeas corpus. 
 grant writs of habeas corpus for the purpose of an inquiry 20 ^ '}: 
 into the cause of restraint of liberty. zPl'tv' IG^'U- 
 
 Mar. 2, 1833, c. 57, s. 7, v. 4, p. 634; Feb. 5, 1867, c. 28, . 1, v. 14, p P 385;' 
 Aug. 29, 1842, c. 257, s. 1, v. 5, p. 539. Sec. 762, R. S. 
 
 284. The writ of habeas corpus shall in no case extend to writ of habeas 
 
 . . ., , i i L j j i corpus when 
 
 a prisoner in jail, unless where he is in custody under or by prisoner is in 
 color of the authority of the United States, or is committed Ja sept.24,i789, c . 
 for trial before some court thereof; or is in custody for an Mar'. 2, 'fe^'. 57,' 
 act done or omitted in pursuance of a law of the United Feb. fisff^cfts, 5 
 States, or of an order, process, or decree of a court or judge Angf'^&l 8 ?! 
 thereof; or is in custody in violation of the Constitution or fjjg' 8< *' Vi 5> I)P 
 of a law or treaty of the United States; or, being a subject Se(% 768) R> s> 
 or citizen of a foreign state, and domiciled therein, is in 
 custody for an act done or omitted under any alleged right, 
 title, authority, privilege, protection, or exemption claimed 
 under the commission, or order, or sanction of any foreign 
 state, or under color thereof, the validity and effect whereof 
 depend upon the law of nations; or unless it is necessary 
 to bring the prisoner into court to testify. 2 
 
 285. Application for writ of habeas corpus shall be made thfj^tofhSSeS 
 to the court, or justice, or judge authorized to issue the co jP 8 - 5 1867 c 
 same, by complaint in writing, signed by the person for 28, s. i, V. i4,'p. 
 whose relief it is intended, setting forth the facts concern- 
 
 ing the detention of the party restrained, in whose custody 
 he is detained, and by virtue of what claim or authority, if 
 known. The facts set forth in the complaint shall be veri- 
 fied by the oath of the person making the application. 
 
 286. The court, or justice, or judge to whom such appli- Allowance and 
 
 * J . direction of the 
 
 cation is made shall forthwith award a writ of habeas cor- writ 
 
 1 Tho Supreme Court may issue the writ in virtue of its original jurisdiction only 
 in cases affecting ambassadors, other public ministers, and consuls, or in those to 
 which a State is a party. Ex parte Hung Hang, 108 U. S., 552. In the exercise of its 
 appellate jurisdiction, it may issue the writ for the purpose of reviewing the judi- 
 cial decision of some inferior officer or court. Ibid., 553; Ex parte Bollman and 
 Swartwout, 4 Cr., 75 ; Ex parte Watkins, 7 Pet., 568 ; Ex parte Wells, 18 How., 307, 328 ; 
 Ex parte Yerger, 8 Wall., 85 ; Ex parte Lange, 18 Wall., 163 ; Ex parte Parks, 93 D. S., 
 18; Ex parte Virginia, 100 U. S., 339; Ex parte Siebold, 100 U. S., 371. Application to 
 the Supreme Court for the issue of the writ must show that the case is within its 
 jurisdiction. In re Milburn, 9 Peters, 704. 
 
 2 A justice of the Supreme Court may issue the writ in any part of the United 
 States where he happens to be, and may make it returnable to himself, or may refer 
 it to the court for determination. Ex parte Clarke, 100 U. S., 399, 403. The writ can 
 not be made to perform the function of a writ of error. Ex parte Virginia, 100 
 U. S., 339; Ex parte Reed, ibid., 13, 23. The writ may be used in connection with 
 the writ of certiorari to determine whether the court below acted with jurisdiction. 
 Ex parte Lange, 18 Wall., 163; Ex parte Virginia, 100 U.S., 339; Ex parte Siebold, 
 ibid., 371. This section does not require that the law therein mentioned shall be 
 by express act of Congress. Any obligation fairly and properly inferable from the 
 Constitution, or any duty of a United States officer to be derived from the general 
 scope of his duties, is a "law" within the meaning of the statute. Cunningham v. 
 N eagle, 135 U. S., 1. See also Ex parte Dorr, 3 How., 103; Ex parte Barnes, 1 
 Sprague, 133; Ex parte Bridges, 2 Woods, 428. 
 
106 THE MILITARY LAWS OF THE UNITED STATES. 
 
 28 F s b i 5 V 18 i 6 J ' c ' P us ? un ^ ess ft appears from the petition itself that the party 
 ssb. is not entitled thereto. The writ shall be directed to the 
 
 sec. 755, R. s. person in whose custody the party is detained. 1 
 Time of return. 287. Any person to whom such writ is directed shall make 
 28, s. i, V. 14,' p. d u e return thereof within three days thereafter, unless the 
 party be detained beyond the distance of twenty miles; and 
 sec. 7 6, R. s. .^ j^y^^ taa t distance and not beyond a distance of a 
 hundred miles, within ten days; and if beyond the distance 
 of a hundred miles, within twenty days. 2 
 
 Form of return. 288. The person to whom the writ is directed shall certify 
 28, s. i, V. 14,' p! to the court, or justice, or judge before whom it is return- 
 
 sec. 757, R. s. able tne true cause of tne detention of such party. 2 
 Bodyofthepar- 289. The person making the return shall at the same time 
 fo! bring the body of the party before the judge who granted 
 
 Day for hear 290. When the writ is returned, a day shall be set for the 
 m |'eb. 5, 1867, c. hearing of the cause, not exceeding five days thereafter, 
 28, s .i,v.i4,p.385 un | esg ^ ie p ar ^y petitioning requests a longer time. 
 
 Sec. 759, R. S. __ _ _ 
 
 1 In the courts of the United States the practice prevailing at the common law at 
 the time of the adoption of the Constitution is still pursued. The writ may be 
 granted in term time or by a justice or judge of a Federal court, having jurisdiction 
 to issue the writ, in vacation, or at any time, and may be issued by a justice of the 
 Supreme Court in any part of the country, wherever he may be. Hurd, Hab. Corp., 
 214 ; U. S. v. Clarke, 100 U. S., 403. The usual course of proceeding is for the court, 
 on the application of the prisoner for a writ of habeas corpus, to issue the writ and, 
 on its return, to hear and dispose of the case; but where the cause of imprisonment 
 is fully shown by the petition, the court may, without issuing the writ, consider and 
 determine whether, upon the grounds presented in the petition, the prisoner, if 
 brought before the court, would be discharged. Ex parte Milligan, 4 Wall., 2. 
 Under the requirements of this section, the writ, though a matter of right, does not 
 issue as a matter of course and may be refused if, upon the showing made in the 
 petition, it appear that the petitioner, if brought into court would be remanded. In 
 re King, 51 F. R., 434; In re Jordan, 49 F. R., 238; In re Haskell, 52 F. R., 795. Sus- 
 pension of the privilege of the writ does not suspend the writ itself. The writ issues 
 as a matter of course; and, on its return, the court decides whether the applicant is 
 denied the privilege of proceeding any further. Ex parte Milligan, 4 Wall. ,2. 
 
 2 The duty of an officer of the Army upon whom a writ of habeas corpus is served 
 is prescribed in the following paragraphs of the Army Regulations of 1895: 
 
 9(59. Officers will make respectful returns in writing to all writs of habeas corpus 
 served on them. When the writ is issued by a State authority, and the person held 
 by the Army officer is a civilian who has 'been apprehended under a warrant of 
 attachment to be taken before a court-martial to testify as a witness, the officer will 
 not produce the body, but will, by his return, set forth fully the authority by which 
 ho holds the person, and allege that the State authority is without jurisdiction to 
 issue the writ of habeas corpus, and ask to have the same dismissed. He will also 
 exhibit to the court or officer issuing the writ of habeas corpus the warrant of 
 attachment and the subpoena (and the proof of the service of the subpcena) on which 
 the warrant of attachment was based, and also a certified copy of the order conven- 
 ing the court-martial before which he had been commanded to take the person. 
 
 970. Should a writ of habeas corpus issued by a State court or judge be served 
 upon an Army officer commanding him to produce an enlisted man or show cause 
 for his detention, the officer will decline to produce in court the body of the person 
 named in the writ, but will make respectful return in writing to the effect that the 
 man is a duly enlisted soldier of the United States, and that the Supreme Court of 
 the United States has decided that a magistrate or court of a State has no jurisdic- 
 tion in such a case. 
 
 971. A writ of habeas corpus issued by a United States court or judge will be 
 promptly complied with. The person alleged to be illegally restrained of his liberty 
 will be taken before the court from which the writ has issued, and a return made 
 setting forth the reasons for his restraint. The officer upon whom such-a writ is 
 served will at once report the fact of such service direct to the Adjutant-General of 
 the Army by telegraph. 
 
 The form of return to the writ will be found in the Manual for Courts-Martial, 
 pages 146-148. 
 
 If the service of the writ be prevented by military force, it will be ordered to be 
 placed on the files of the court, to be served when practicable. Ex parto Winder, 2 
 Clifford, 89. 
 
 An order from a subordinate in the War Department to an officer not to obey the 
 writ by the production of the body, is no justification to the officer. Ex parte Field, 
 SBlatchford, C. C., 63. 
 
THE MILITARY LAWS OF THE UNITED STATES. 107 
 
 291. The petitioner or the party imprisoned or restrained 
 may deny any of the facts set forth in the return, or 
 
 
 ^allege any other facts that may be material in the case. ffeb. 5, ise?, c. 
 Said denials or allegation shall be under oath. The return 385. 8 ' 
 and all suggestions made against it may be amended, by Sec. 760, R. s. 
 leave of the court, or justice, or judge, before or after the 
 same are tiled, so that thereby the material facts may be 
 ascertained. 
 292. The court, or justice, or judge shall proceed in a summary hear. 
 
 ' . . I, * ,, T_ i ng; disposition 
 
 summary way to determine the facts of the case, by hear- of party. 
 
 , , , , , . Feb. 5, 1867, c. 
 
 mg the testimony and arguments, and thereupon to dispose 28, s. i, v. u, p. 
 of the party as law and justice require. 1 
 
 . Sec. 761, R. S. 
 
 1 The purpose of the writ is to enable the court to inquire, first, if the petitioner 
 is restrained of his liberty. If he is not, the court can do nothing but discharge the 
 writ. If there is such restraint, the court can then inquire into the causes of it, 
 and if the alleged cause is unlawful, it must then discharge the petitioner. * * * 
 In the case of a man in the military or naval service, where he is, whether as an offi- 
 cer or private, always more or less subject in his movements, by the very necessity 
 of military rule and subordination, to the orders of his superior officer, it should be 
 quite clear that some unusual restraintupon his liberty of personal movement exists 
 to justify the issue of the writ; otherwise every order of the superior officer direct- 
 ing the movements of the subordinate, which necessarily, to some extent controls 
 his freedom of will, may be held to be a restraint of his liberty and the party so 
 ordered may seek relief from obedience by means of a writ of habeas corpus. Some- 
 thing more than moral restraint is necessary to make a case for habeas corpus. 
 There must be actual confinement or the present means of enforcing it. Wales v. 
 Whitney, 114 D.S , 564,571. Where a court-martial has jurisdiction of the person 
 and of the subject matter and is competent to pass the sentence under which the 
 prisoner is held, its proceedings can not be collaterally impeached, and a writ of 
 habeas corpus can not be made to perform the function of a writ of error. Ex parte 
 Reed, 100 U. S.,13,23; Ex parto Kearney, 7 Wheat., 38; Ex parte Watkins, 3 Pet., 
 193; Ex parte Milligan, 4 Wall., 2; Ex parte Mason, 105 U.S. .696; Ex parte Curtis, 
 106 U.S., 371; Ex parte Carrl, ibid., 521; Ex parte Bigelow, 113 U. S., 328; Smith 
 v. Whitney, 116 U.S., 167; U. S.v. Grimley, 137 U. S.,147; Johnson v. Sayre, 158 U. S., 
 109; In re'Boyd, 49 F. R.,48. Where a medical director in the Navy, against whom 
 charges had been preferred and in whose case a general court-martial had been 
 ordered, was placed in arrest by the Secretary of the Navy, and notified to confine 
 himself to the limits of the city'of Washington : Held, That thisconstituted no such 
 restraint of liberty as to sustain a writ of habeas corpus. Wales v. Whitney, 114 
 U. S., 564. Where a person is in custody under process from a State court of original 
 jurisdiction, for an alleged offense against the laws of such State, and it is claimed 
 that he is restrained of his liberty in violation of the Constitution of the United 
 States, the circuit court has a discretion whether it will discharge him upon habeas 
 corpus, in advance of his trial in the court in which he is indicted; that discretion, 
 however, to be subordinated to any special circumstances requiring immediate 
 action. When the State court has finally acted upon the case, the circuit court has 
 still a discretion whether, under all the circumstances, the accused, if convicted, 
 shall be put to his writ of error from the highest court of the State, or whether it 
 will proceed, by writ of habeas corpus, summarily to determine whether the prisoner 
 is restrained o'f his liberty in violation of the Constitution of the United States. Ex 
 parte Royall, 117 U. S.. 241, 253; Ex parto Watkins, 3 Pet., 201; Ex parte Bridges, 2 
 Woods, 428; Ex parte Lange, ISWall., 163; In re King, 51 F. R., 434; Ex parte Hanson, 
 28 F. R., 127, 131; In re Jordan, 49 F. R., 238. Where a United States marshal, in 
 custody for an act done in pursuance of a law of the United States is brought before 
 a Federal court by habeas corpus and discharged, he can not afterwards be tried by 
 the State courts. Cunningham v. Neagle, 135 U. S., 1. 
 
 Conflict of State and Federal authority. The writ of habeas corpus is a high pre 
 rogative writ known to the common law, the great object of which is the liberation 
 of those who may be imprisoned without sufficient cause. It is in the nature of a 
 writ of error to examine the legality of the commitment. Ex parte Watkins, 3 Pet., 
 202. The Federal courts by whom, and the cases in which, it may be issued are 
 described in sections 751,752,753,754,762,763,764, and 765 of the Revised Statutes. 
 Subject to t he paramount authority of the National Government, by its own tribunals, 
 to inquire into the legality of custody of prisoners held by the United States courts or 
 officers, the States may inquire into the grounds on which any person in their respec- 
 tive limits is restrained of his liberty. Robb v. Connolly, III U. S., 624. A State court 
 has no jurisdiction by habeas corpus to release a prisoner held by order of Federal 
 court. Ableman v. Booth, 21 How., 506. And a judicial officer of a State can not, by 
 means of a writ of habeas corpus, take and discharge a person held by, or under color 
 of authority of the United States. If it appear upon the return to a writ of habeas 
 corpus that, the person is detained under color of the authority of the United States, 
 the ytato court has no further jurisdiction. Tarble's Case, 13 Wall., 397. We do not 
 question the authority of the State court or judge who is authorized by the laws of 
 the State to issue the writ of habeas corpus, to issue it in any case where the party 
 is imprisoned within its territorial limits, provided it does not appear, when the 
 
108 THE MILITARY LAWS OF THE UNITED STATES, 
 
 in cases invoiv- 293. When a writ of habeas corpus is issued in the case 
 
 ing the law of na- 
 tions, notice to be of any prisoner who, being a subject or citizen of a foreign 
 
 served on State J J 
 
 attorney general, state and domiciled therein, is committed, or confined, or in 
 257, vfs, p. 539.' custody, by or under the authority or law of anyone of the 
 sec. 762, B. s. United States, or process founded thereon, on account of any 
 act done or omitted under an alleged right, title, author- 
 ity, privilege, protection, or exemption, claimed under the 
 commission or order or sanction of any foreign state, or 
 under color thereof, the validity and effect whereof depend 
 upon the law of nations, notice of the said proceeding, to 
 be prescribed by the court, or justice, or judge at the time 
 of granting said writ, shall be served on the attorney-gen- 
 eral or other officer prosecuting the pleas of said State, 
 and due proof of such service shall be made to the court, 
 or justice, or judge before the hearing. 
 Appeals in 294. From the final decision of any court, justice, or 
 
 cases of habeas .,.. .*.. i j_- r 
 
 corpus to circait judge inferior to the circuit court, upon an application for 
 c Aug. 29, 1842, c. a writ of habeas corpus or upon such writ when issued, an 
 rJb.s', i&?;<?28! appeal may be taken to the circuit court for the district in 
 Mar. V 27, 4 'i868 38 c: which the cause is heard : 
 
 34.S.2. v.i5,p 44. j j n ^ case o f anv p ersou alleged to be restrained of 
 sec. 763, R. s. u j g iib er ty lu violation of the Constitution, or of any law 
 or treaty of the Dnited States. 
 
 2. In the case of any prisoner who, being a subject or 
 citizen of a foreign state, and domiciled therein, is com- 
 
 application is made, that the person imprisoned is in custody under the authority of 
 the Dnited States. The court or judge has a right to inquire, in this mode of pro- 
 ceeding, for what cause and by what authority the prisoner is confined within the 
 territorial limits of the State sovereignty. And it is the duty of the marshal, or 
 other person having the custody of the prisoner, to make known to the judge or 
 court, by a proper return, the authority by which he holds him in custody. * * * 
 But, after the return is made, and the State judge or court judicially apprised that 
 the party is in custody under the authority of the United States, they can proceed 
 no further. * * - And although, as we have said, it is the duty of the marshal, 
 or other person holding him, to make known, by a proper return, the authority under 
 which he detains him, it is at the same time imperatively his duty to obey the proc- 
 ess of the United States, to hold the prisoner in custody under it, and to refuse 
 obedience to the mandate or process of any other Government And consequently 
 it is his duty uotto take the prisoner, nor suffer him to be taken, before a State judge 
 or court upon a habeas corpus issued under State authority. No State judge or 
 court, after they are judicially informed that the party is imprisoned under the 
 authority of the United States, has any right to interfere with him, or to require him 
 to be brought before them. And it the authority of a State, in the form of a j udicial 
 process or otherwise, should attempt to control the marshal or other authorized officer 
 or ag^ent of the United States, in any respect, in the custody of his prisoner, it would 
 be his duty to resist it, and to call to his aid any force that might be necessary to 
 maintain the authority of law against illegal interference. No judicial process, 
 whatever form it may assume, can have any lawful authority outside of the limits 
 of the jurisdiction of the court or judge by whom it was issued and an attempt to 
 enforce it beyond these boundaries is nothing less than lawless violence. Ablemau 
 v. Booth, 21 How., 506. A State judge has no jurisdiction to issue a writ of habeas 
 corpus for a prisoner in custody of an officer of the United States, if the fact of such 
 custody is known to him before issuing the writ; and if such fact appears on the 
 return to the writ, all further proceedings by him are void. And if the United 
 States officer resist the enforcement of the State writ, and is imprisoned therefor, he 
 will bo discharged by the Federal court. Ex parte Sitford. 5 Am. Law Reg. (O. S., 
 659). A military officer of the United States is not bound to produce the body of an 
 enlisted soldier in answer to a writ of habeas corpus issued from a State court or 
 judge. In re Neill, 8 Blatch., 166. The return of a military officer to a writ of habeas 
 corpus need not be on oath. In re Neill, 8 Blatch., 165. The validity of the enlist- 
 ment of a soldier can not be inquired into by a State court, by the issue of a writ of 
 habeas corpus, and an officer of the Army may properly refuse to discharge an 
 enlisted man in his command upon the order of a State court. In re Farrand, 1 
 Abbot, 140, 147. 
 
THE MILITARY LAWS OF THE UNITED STATES. 109 
 
 mitted or confined, or in custody by or under the authority 
 or Jaw of the United States, or of any State, or process 
 founded thereon, for or on account of any act done or 
 omitted under any alleged right, title, authority, privilege, 
 protection, or exemption, set up or claimed under the com- 
 mission, order, or sanction of any foreign state or sover 
 eignty, the validity and effect whereof depend upon the 
 law of nations, or under color thereof. 1 
 
 295. From the final decision of such circuit court an Appeal to Su- 
 
 jjreme Court. 
 
 appeal may be taken to the Supreme Court in the cases Aug. 29,1842, ; 
 
 ., , . J ., 257, v 5, p. 539; 
 
 described m the preceding section. Mar 3,i885,v.23. P .437. sec. 764, R.S. 
 
 296. The appeals allowed by the two preceding sections Appeals, how 
 shall be taken on such terms, and under such regulations Aog. 29,1842,0, 
 and orders, as well for the custody and appearance of the Feb. 5', i&S.'cS, 
 person alleged to be in prison or confined or restrained 8 ] ' V ' 14)P ' 385 - 
 of his liberty, as for sending up to the appellate tribunal a Sec ' 765 ' B * s * 
 transcript of the petition, writ of habeas corpus, return 
 
 thereto, and other proceedings, as may be prescribed by 
 the Supreme Court, or, in default thereof, by the court or 
 judge hearing the cause. 
 
 297. Pending the proceedings or appeal in the cases Pending pro 
 mentioned in the three preceding sections, and until final 
 
 judgment therein, and after final .judgment of discharge, j- v aut 
 
 any proceeding against the person so imprisoned or con- 257?$. 
 fined or restrained of his liberty, in any State court, or by f e i b 'v'i4 6 p C 385 : 
 or under the authority of any State, for any matter so Mar 3, 1393, v. 27,' 
 heard and determined, or in process of being heard and P sec! 766, R. s. 
 determined, under such writ of habeas corpus, shall be 
 deemed null and void. That no appeal shall be had or 
 allowed after six months from the date of the judgment or 
 order complained of. Act of March 5, 1893 (27 Stat. L., 751.) 
 
 THE COURT OF CLAIMS. 2 , 
 
 JURISDICTION, POWERS, AND PROCEDURB. 
 
 Par. 
 
 298. Jurisdiction. 
 
 299. Private claims in Congress, 
 
 when transmitted to Court 
 of Claims. 
 
 300. Judgments for set-off or coun- 
 
 ter-claim, how enforced. 
 
 Par. 
 
 301. Decree on account of pay- 
 
 masters, etc. 
 
 302. Claims referred by Depart- 
 
 ments. 
 
 303. Procedure in cases transmit- 
 
 ted by Departments. 
 
 'Ex parte McCardle, 6 Wall., 318, Ex parte McCardle, 7 Wall., 506; Ex parte 
 Terger, 8 Wall., 85. 
 
 2 The Court of Claims was established by the acts of February 24, 1855 (10 Ctat. 
 L., 612), March 3,1863 (12 Stat. L., 765), and May 8, 1872 (17 Stat. L., 85). This court 
 was created with a view to give legal redress to the citizen as against the Govern- 
 ment where he would have had legal redress as against another citizen. It is a 
 curious fact, not generally known, that the example of Prussia and the German 
 States in guarding the private rights of persons by subjecting the Government, in 
 matters of account, to the judicial power of ordinary courts of justice, led to the 
 establishment of the Court of Claims. Brown v. U. S.. 5 C. Cls. 11. 571, 577. The 
 provisions of the act of March 3, 1863, authorizing the Court of Claims to hear and. 
 determine, without a jury, claims against Government with set-offs, is not uncon- 
 stitutional. McElrath v, U, S,, 102 U. S,, 426. 
 
110 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Par. 
 
 304. J udgments in cases transmit- 
 
 ted by Departments, how 
 paid. 
 
 305. Claims growing out of trea- 
 
 ties not cognizable therein. 
 
 306. Claims pending in other 
 
 courts not to be prosecuted 
 in Court of Claims. 
 
 307. Aliens. 
 
 308. Limitation. 
 
 301). Rules of practice; contempts. 
 
 310. Oaths and acknowledgments. 
 
 311. Petition. 
 
 312. Petition dismissed if issue 
 
 found against claimant as 
 to allegiance, etc. 
 
 313. Burden of proof and evidence 
 
 as to loyalty. 
 
 314. Commissioner to take testi- 
 
 mony. 
 
 315. Power to call upon Depart- 
 
 ments for information. 
 
 316. Testimony not to be taken, 
 
 when. 
 
 Par. 
 
 317. Witnesses not excluded on 
 
 account of color. 
 
 318. Examination of claimant 
 
 319. Testimony taken where de- 
 
 ponent resides. 
 
 320. Witnesses, how compelled to 
 
 attend before commission- 
 ers. 
 
 321. Cross-examination 
 
 322. Witnesses, how sworn. 
 
 323. Fees of commissioner, by 
 
 whom paid. 
 
 324. Claims forfeited for fraud. 
 
 325. New trial on motion of claim- 
 
 ant. 
 
 326. New trial on motion of United 
 
 States. 
 
 327. Payment of judgments. 
 
 328. Interest. 
 
 329. Interest on claims. 
 
 330. Payment of judgment a full 
 
 discharge, etc. 
 
 331. Final judgments a bar. 
 332-338. The Bowman Act. 
 339-353. The Tucker Act. 
 
 Jurisdiction. 
 
 Claims founded 
 on statutes or 
 contracts, or re- 
 ferred by C o n - 
 
 Feb. 24, 1855, c. 
 122, s. l,v. 10, p. 
 612 ;June22, 1874, 
 c. 393, s.2, v. 18, p. 
 192; Mar. 3, 1875, 
 c. 149, v. 18, p. 481. 
 
 298. The Court of Claims shall have jurisdiction to hear 
 and determine the following matters : 
 
 First. All claims founded upon any law of Congress, 1 or 
 upon any regulation of an Executive Department, 2 or upon 
 any contract, expressed or implied, 3 with the Government 
 
 1 A claimant presenting a claim founded upon a law of Congress has a legal right 
 under section 1059, Revised Statutes, to a definitive adjudication; and the power of 
 the court to afford that can not be considered as interfered with by anything short 
 of a lodgment of the power of definitive adjudication in some other tribunal or 
 officer. Thomas v. U. S., 16 C. Cls. R., 522. The rejection of a claim by the account- 
 ing oflicers leaves the party to 
 
 at law, viz, an action in this court, 
 
 though he may have accepted the portion allowed. Lougwill v. U. S., 17 C. Cls. R., 
 Sec. 1059, B. S. 288; U. S. v. Kauflmau, 96 U. S., 567. 
 
 2 Regulations of an Executive Department are rules relating to the subjects on 
 which a Department acts and are made by its head under an act of Congress con- 
 ferring that power and thereby giving such regulations the force of law. A mere 
 order of the President or of a Secretary is not a regulation. Harvey v. U. S., 3 C. 
 Cls. R., 38. By the term "any regulation" is doubtless intended any regulation 
 within the lawful discretion of the head of an Executive Department. 
 When Congress permits regulations to be formulated and published and carried 
 into effect year after year, the legislative ratification must be implied. Maddox v. 
 TJ. S., 20 C. Cls. R., ISO. 198. 
 
 3 The jurisdiction of the Court of Claims is confined to suits arising from contracts 
 express or implied. Langford v. U. S., 101 U. S., 341. The United States can not be 
 sued in the Court of Claims on equitable considerations merely. Bouner v. U. S., 
 9 W_all., 156. The language of the statutes which confer jurisdiction on the Court of 
 Claims excludes, by the strongest implication, demands against the Government 
 founded on torts. In such cases, where it is proper for the nation to furnish a rem- 
 edy, Congress has wisely reserved the matter for its own determination. Gibbons 
 v. U. S., 8 Wall., 269, 275 ; Reed v. U. S., 11 Wall., 591 ; Langford v. U. S., 101 U. S., 3il. 
 See, also, paragraphs 339-353 post. 
 
 CONTRACTS. 
 
 The Court of Claims, in the construction and enforcement of contracts, is bound to 
 apply the principles which govern like contracts between individuals. U . S. v. Smoot, 
 15Wall.,36; Curtisv.U. S..2C. Cls. R.,144; Brookes. U.S., ibid., 180. All questions 
 of salary are questions of contract, and whether the salary is fixed by law, or by 
 order of a Department under authority of law, the Government contracts to pay the 
 officer his salary, and, failing to do so, a suit therefor may be maintained in this court, 
 whether the case arises under a revenue act or any other. Patton v. U. S., 7 C. Cla. 
 R.,362. The United States can no more discharge its contracts by such perform- 
 ance than can an individual person do so. Congress may fail to appropriate, in whole 
 or in part, the money required for payment of a public creditor, and thus leave the 
 
THE MILITARY LAWS OF THE UNITED STATES. Ill 
 
 of the United States, and all claims which may be referred 
 to it by either House of Congress. 
 Second. All set-offs. 1 counter-claims, claims for damages, set-offs and 
 
 1 counterclaims of 
 
 whether liquidated or unliquidated, or other demands what- united states. 
 soever, on the part of the Government of the United States 92, B . 3, V. 12,' p! 
 against any person making claim against the Government ' 
 in said court. 
 
 Third. The claim of any paymaster, quartermaster, com- ^P e ^ bur 8in 
 missary of subsistence, or other disbursing officer of the 14 Ma ^ 1866 ' v - 
 United States, or of his administrators or executors, for 
 
 public officer without authority to draw money from the Treasury for that purpose, 
 but the indebtedness and liability remain in force. Mitchell v. U. S., 18 C. Cls. R., 
 281,287; Graham w.TJ.S., 1 ibid., 380; Collins v.U.S., 15 ibid ,22; French c.U.S., 16 
 ibid., 419. An officer who has been wholly retired from the service, but in whose 
 case the order of retirement has been revoked by the President, who directs his name 
 to bo placed on the retired list, is an officer de facto, and, though illegally on such 
 retired list, money paid him by way of salary, so long as he holds the office in good 
 faith, can not be recovered back. When, one claiming to be an officer renders no 
 service and holds no official relations with the Government, money paid him for 
 salary may bo recovered back. Miller v. U. S., 19 C. Cls., R., 338. In an action in the 
 Court of Claims to recover a balance claimed to be due on pay account, the United 
 States can set up, as a counterclaim, an alleged overpayment to Mm on account of 
 pay, and can have judgment for its collection. U. S. v. Burchard, 125 U. S., 176 ; MoEl- 
 rathv.U. S., 102U. S.,426. 
 
 An officer can only bind the Government by acts which come within a just exer- 
 cise of his official power. Hunter v. U. S., 5 Pet., 173, 178 ; The Floyd Acceptances, 7 
 Wall., 666; Whitesidev. U. S..93U. S.,247. Unless the Government has ratified a 
 contract of an officer in excess of his authority, or received the benefit of it, it is not 
 liable. The ratification of some of a series of unauthorized acts is not to be con- 
 strued to be an approval of any not specified. Pitcher v. U. S., 1 C. Cls. R., 7; De 
 Celis v. U. S., 13 C. Cls. R., 117. 
 
 IMPLIED CONTRACTS. 
 
 To constitute an implied contract "there must have been some consideration mov- 
 ing to the United States ; or they must have received the money, charged with a duty 
 to pay it over; or the claimant must have had a lawful right to it when it was re- 
 ceived, as in the case of money paid by mistake. Knote v. U. S., 95 U. S., 149, 156. A 
 contract to reimburse is implied when the Government takes private property for 
 public, use. Such a taking of private property by the Government when the emer- 
 gency of the public service in time of Avar, or impending public danger, is too 
 urgent to admit of delay, is everywhere regarded as justified, if the necessity for 
 the use of the property is imperative and immediate and the danger, as heretofore 
 described, is impending; and it is equally clear that the taking of such property, 
 under such circumstances, creates an obligation on the part of the Government to 
 reimburse the owner to the full value of the service. Private rights, under such 
 extreme and imperious circumstances, must give way, for the time, to the public 
 good, but the Government must make full restitution for the sacrifice. U. S. v. Rus- 
 sell, 13 Wall., 623, 629. Beneficial volunteer service does not raise an implied con- 
 tract, unless there has been an inducement, agreement, or ratification. Boston v. The 
 District of Columbia, 19 C. Cls. R., 31. The court has jurisdiction of a suit by a pat- 
 entee for the royalty agreed to be paid for the use of his invention by an authorized 
 officer of the Government. Burns v. U. S., 12 Wall., 246. 
 
 A contract is implied from the fact that the Government manufactured a patented 
 military device, without market value, on the solicitation of the patentee, that it should 
 pay for the right to use the invention. Palmer v. U. S., 128 U. S., 262. The United 
 States mav be sued for use of a patented invention by its officers for its benefit if the 
 right of the patentee is acknowledged. Hollisterv. Benedict Manufacturing Co., 113 
 U. S., 59 ; U. S. v. Burns, 12 Wall., 246. When an officer of the Government is properly 
 assigned to the work of devising something to be used in the public service, the Gov- 
 ernment meeting the expenses and paying the officer his usual salary, the Government 
 is not liable for royalty on the invention, though it was made by the officer previous 
 to the time he was assigned to the work, if the labor and expense of perfecting it was 
 borne by the Government. Solomons v. U. S., 22 C. Cls. R.,335; 21 ibid., 479. The 
 policy of the War Department of late years toward inventors has been one of neu- 
 trality, neither denying nor admitting legal rights, but taking inventions to perfect 
 the Government arms, leaving inventors free to seek redress without prejudice be- 
 fore other tribunals than an Executive Department. Berdan v. U. S., 26 C. Cls. R., 
 48, 60. See also Clyde v. U. S., 13 Wall., 38; U. S. v. Russell, 13 Wall., 623; U. S. v. 
 Bostwiek, 94 U. S., 53; Fichera's Case, 9 C. Cls. R., 254; Macauley's Case, 11 C. Cls. 
 R., 693; Clark's Case, 11 C. Cls. R., 698; Roman etal.v. U. S., 11 C. Cls. R., 761; Camp- 
 bell's Case, 13 C. Cls. R., 470. 
 
 1 The right of set-ofl' did not exist at common law, and is everywhere founded upon 
 statutory regulation. Tillou v. U. S., 1 C. Cls. R., 454; 2 ibid., 588, and U. S. v. Eck- 
 ford, 6 Wall., 484. State laws in such a case do not constitute the rule of decision, 
 but the question arises, exclusively, under the act of Congress ; and no local law nor 
 usage can have any influence in its determination. Ibid.; Reeside v. Walker, 11 
 How., 272, 290. 
 
112 THE MILITARY LAWS OF THE UNITED STATES. 
 
 relief from responsibility on account of capture or other- 
 wise, while in the line of his duty, of Government funds, 
 vouchers, records, or papers in his charge, and for which 
 such officer was and is held responsible. 1 
 
 claims for cap- Fourth. Of all claims for the proceeds of captured or 
 
 doffed property abandoned property, as provided by the act of March 12, 
 
 c. 120,'e. 1 ! 1 , v 8 i2! eighteen hundred and sixty-three, chapter one hundred 
 
 i864 82 c. ; 225^8.2; and twenty, entitled u An act to provide for the collection 
 
 STG^J u 3 iy27,i868', of abandoned property and for the prevention of frauds in 
 
 P. 243! 8 ' 3> v> 15 ' insurrectionary districts Avithiu the United States," or by 
 
 the act of July two, eighteen hundred and sixty-four, chap- 
 
 ter two hundred and twenty-five, being an act in addition 
 
 thereto: Provided, That the remedy given in cases of seiz- 
 
 ure under the said acts, by preferring claim in the Court of 
 
 Claims, shall be exclusive, precluding the owner of any 
 
 property taken by agents of the Treasury Department as 
 
 abandoned or captured property in virtue or under color of 
 
 said acts from suit at common law, or any other mode of 
 
 redress whatever, before any court other than said Court 
 
 of Claims. 2 
 
 ^ petitions and bills praying or providing for the 
 
 when transmit satisfaction of private claims against the Government, 
 
 ted to Court of 
 
 claims. founded upon any law of Congress, or upon any regulation 
 
 02,8. 2, V. 12,' pi of an Executive Department, or upon any contract, ex- 
 
 pressed or implied, with the Government of the United 
 
 Sec 1060 R S 
 
 ' States, shall, unless otherwise ordered by resolution of the 
 
 1 Under this provision relief has been afforded to a paymaster who was attacked 
 and robbed by highwaymen. Broadhead v. U. S., 19 C. Cls. R., 125. To a disbursing 
 officer for loss by the failure of a national bank, which was a designated depository. 
 Hobbs v. U. S., 17 ibid. ,189. To a disbursing officer for money stolen from a safe. 
 Scott v. IT. S., 18 ibid., 1; Clark v. U. S., 11 ibid., 698; Howell v. U. S., 7 ibid., 512. To 
 a quartermaster for money lost from his person, the money being carried in the way 
 such officers usually carry it on similar occasions, under circumstances utterly free 
 from suspicion and after diligent efforts had been made to recover the same. Whit- 
 tlesey v. U. S., 5 ibid., 452. To a quartermaster for money stolen from his room, due 
 precautions for its safety having been taken. Malone v. U. S., 5 ibid., 486; Norton v. 
 U. S., 2 ibid , 523. To a paymaster for money contained in a treasure box stolen by 
 soldiers at a garrison. Glenn v. TJ. S., 4 ibid., 501. To an engineer officer for money 
 captured by the enemy. Prince v. U. S., 3 ibid., 209. To a paymaster for funds and 
 vouchers captured by the enemy. Ruggles v. U. S., 2 ibid., 520 ; Moore v. TJ. S., ibid., 
 522; Beck with v. TJ. S., ibid. ,526; Hubbell v. TJ. S., ibid. ,527. To an acting commis- 
 sary of subsistence for money expended, the expenditures being covered by vouchers 
 captured by the enemy. Murphy v. TJ. S., 3 ibid., 212. 
 
 Relief has been denied to a paymaster for money embezzled by a clerk, the loss 
 having been made good by the disbursing officer, under pressure, but without protest 
 on his part. Hallv. U. S.,'9 C. Cls. R., 270. In the case of a paymaster for funds stolen 
 by an orderly detailed for messenger duty in his office. Holman v. TJ. S., 11 ibid., 642. 
 To a collector of revenue, for the value of revenue stamps stolen from his office, dur- 
 ing his absence therefrom, said collector not being a disbursing officer within the 
 meaning of the statute. Stapp v. U. S., 4 ibid., 219. To an acting commissary of sub- 
 sistence in Dakota, for money alleged to have been stolen, no testimony having been 
 offered in the case but his own. Pattee v. TJ. S., 3 ibid., 397. In a case arising under 
 this provision, the petitioner is a competent witness to prove the amount of money 
 lost, if the loss itself be established by other testimony. TJ. S. v. Clark, 96 TJ. S., 37; 
 Hobbs v. TJ. S., 17 C. Cls. R., 189 : Scott v. TJ. S., 18 ibid., 1 ; Broadhead v. U. S., 19 ibid., 
 125; Hoyle v. TJ. S., 21 ibid., 300. An acting commissary of subsistence is entitled to 
 relief under the provisions of this statute, and it is not necessary that the officer 
 should have given a bond to entitle him to relief. Wood v. TJ. S., 25 ibid., 98. It was 
 held by the Supreme Court in TJ. S. v. Smith (14 C. Cls. R., 114, and 105 U. S., 620) that 
 the statute of limitation applied to cases arising under this section. See also TJ. S. 
 v.Clark, 98 U.S., 37. 
 
 >U. S. v. Anderson, 9 Wall,, 56; Pugh v. U. S., 13 Wall., 633; U. S. v. Kimball, 13 
 Wall., 636; U. S. v. Crussell, 14 Wall., 1; Slawson v. U. S., 16 Wall., 310. 
 
THE MILITARY LAWS OF THE UNITED STATES. 113 
 
 House in which they are introduced, be transmitted by the 
 Secretary of the Senate or the Clerk of the House of Rep- 
 resentatives, with all the accompanying documents, to the 
 Court of Claims. 
 
 300. Upon the trial of any cause in which any set-off, J[%jf^%ll 
 counter-claim, claim for damages, or other demand is setjjrcj* im ' howen - 
 up on the part of the Government against any person raak- 92 M s ar 3 3 'v 18 i 6 2 ' c 
 ing claim against the Government in said court, the court 5 - 
 
 shall hear and determine such claim or demand both for see.ioei,n.s. 
 and against the Government and claimant; and if upon the 
 whole case it finds that the claimant is indebted to the Gov- 
 ernment, it shall render judgment to that effect, and such 
 judgment shall be final, with the right of appeal, as in other 
 cases provided for by law. Any transcript of such judg- 
 ment, filed in the clerk's office of any district or circuit 
 court, shall be entered upon the records thereof, and shall 
 thereby become and be a judgment of such court and be 
 enforced as other judgments in such courts are enforced. 1 
 
 301. Whenever the Court of Claims ascertains the facts Decree on ac- 
 
 counts ot pay- 
 of any loss by any paymaster, quartermaster, commissary Casters, etc. 
 
 of subsistence, or other disbursing officer, in the cases here- 75,s.2,v.'i4, P !'44l 
 inbefore provided, to have been without fault or negligence sec. 1002, B. s. 
 on the part of such officer, it shall make a decree setting 
 forth the amount thereof, and upon such decree the proper 
 accounting officers of the Treasury shall allow to such officer 
 the amount so decreed, as a credit in the settlement of his 
 accounts. 
 
 302. Whenever any claim is made against any Executive b 
 Department, involving disputed facts or controverted ques- ' 
 
 J 71, 
 
 tions of law, where the amount in controversy exceeds 
 
 10<**{ R W 
 
 three thousand dollars, or where the decision will affect a 
 class of cases, or furnish a precedent for the future action of 
 any Executive Department in the adjustment of a class 
 of cases, without regard to the amount involved in the 
 particular case, or where any authority, right, privilege, or 
 exemption is claimed or denied under the Constitution of 
 the United States, the head of such Department may cause 
 such claim, with all the vouchers, papers, proofs, and docu- 
 ments pertaining thereto, to be transmitted to the Court of 
 Claims, and the same shall be there proceeded in as if 
 originally commenced by the voluntary action of the claim- 
 ant; and the Secretary of the Treasury may, upon the 
 certificate of any Auditor or Comptroller of the Treasury, 
 direct any account, matter, or claim, of the character, 
 
 
 i Allen v. U. S., 17 Wall., 207. 
 
 1919 8 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 amount, or class described in this section, to be trans. 
 mitted, with all the vouchers, papers, documents, and proofs 
 pertaining thereto, to the said court, for trial and adjudica- 
 tion : Provided, That no case shall be referred by any head 
 of a Department unless it belongs to one of tbe several 
 classes of cases which, by reason of tbe subject-matter and 
 character, the said court might, under existing laws, take 
 jurisdiction of on such voluntary action of the claimant. 
 
 Procedure in 303. All cases transmitted by the head of any Depart- 
 ted by Depart- ment, or upon the certificate of any Auditor or Comptroller, 
 
 j une 25, 1868, c. according to the provisions of the preceding section, shall 
 
 71, 8. 7, v. 15, p. 76. . .., f, 
 
 be proceeded in as other cases pending in the Court of 
 ' Claims, and shall, in all respects, be subject to the same 
 rules and regulations. 1 
 
 casef g Tr^ 8 mit- 304> Tne amount of any final judgment or decree ren- 
 ments y how e paid dered in favor of the claimant, in any case transmitted to 
 7] J 8 U 'Tv 5 i5 1868 76' ^ ne Court f Claims under the two preceding sections, shall 
 sec 1065 R s be P aid out of any s P ecinc appropriation applicable to the 
 case, if any such there be; and where no such appropria- 
 tion exists, the judgment or decree shall be paid in the 
 same manner as other judgments of the said court. 
 ing^uTof 8 ^- 30 ^ Tlie jurisdiction of the said court shall not extend 
 bie 8 therein gniza * ^^ claim against the Government not pending therein 
 
 92 c . on December one, eighteen hundred and sixty-two, grow- 
 
 767. ing out of or dependent on any treaty stipulation entered 
 
 sec. loee, K.s-into with foreign nations or with the Indian tribes. 
 
 Jther 306t -^ P erson sna11 file or prosecute in the Court of 
 
 ro ecu ted in Claims, or i 11 ^ ue Supreme Court on appeal therefrom, any 
 Court of claims, claim for or in respect to which he or any assignee of his 
 
 J une 25, looo, c. 
 
 71, s. s, v. 15, p. 77. has pending in any other court any suit or process against 
 
 sec. 1067, E. s. any person who, at the time when the cause of action al- 
 
 leged in such suit or process arose, was, in respect thereto, 
 
 acting or professing to act, mediately or immediately, under 
 
 the authority of the United States. 
 
 Aliens. 307. Aliens, who are citizens or subjects of any govern- 
 
 c. m, s. 2' v. 15', ment which accords to citizens of the United States the 
 
 ^ ' right to prosecute claims against such government in its 
 
 'courts, shall have the privilege of prosecuting claims 
 
 against the United States in the Court of Claims, whereof 
 
 such court, by reason of their subject-matter and charac- 
 
 ter, might take jurisdiction. 2 
 
 ^imitatjoru ^ 308, Every claim against the United States, cognizable 
 
 92, s. 10, V. 12,' p. by the Court of Claims, shall be forever barred unless the 
 
 petition setting forth a statement thereof is filed in the 
 
 Sec. 1069, R.S. cour t ? or transmitted to it by the Secretary of the Senate 
 
 i Clyde v. U. S., 13 Wall., 38. 
 
 J TL S. v, O'Keefe, 11 Wall., 178; Carlisle v. U. S., 16 Wall., 147. 
 
THE MILITARY LAWS OF THE UNITED STATES. 115 
 
 or the Clerk of the House of Representatives as provided 
 by law, within six years after the claim first accrues: Pro- 
 vided, That the claims of married women first accrued dur- 
 ing marriage, of persons under the age of twenty-one years 
 first accrued during minority, and of idiots, lunatics, insane 
 persons, and persons beyond the seas at the time the claim 
 accrued, entitled to the claim, shall not be barred if the 
 petition be filed in the court or transmitted, as aforesaid, 
 within three years after the disability has ceased; but no 
 other disability than those enumerated shall prevent any 
 claim from being barred, nor shall any of the said disabili- 
 ties operate cumulatively. 
 
 309. The said court shall have power to establish rules .Rules of prac- 
 
 tice; contempts. 
 
 for its government and for the regulation of practice Feb. 24, 1355, c. 
 therein, and it may punish for contempt in the manner 613'; Mar. 3, iscs, 
 
 ./,,,, , - -, . . c.92, s. 4, v. 12, p. 
 
 prescribed by the common law, may appoint commission- 765. 
 
 ers, and may exercise such powers as are necessary to sec.i070,R.s. 
 
 carry into effect the powers granted to it by law. 
 
 310. The judges and clerks of said court may administer 
 oaths and affirmations, take acknowledgments of instru- 
 
 ments in writing, and give certificates of the same. sec.io7i,R.s. 
 
 311. The claimant shall, in all cases, fully set forth in ^"risss c 
 his petition the claim, the action thereon in Congress, or 122, 8 ^M^ \jyj- 
 by any of the Departments, if such action has been had; c. Q'^S. 12, V. 12,' 
 what persons are owners thereof or interested therein, 
 
 when and upon what consideration such persons became ! 
 so interested; that no assignment or transfer of said 
 claim, or of any part thereof or interest therein, has been 
 made, except as stated in the petition ; that said claimant 
 is justly entitled to the amount therein claimed from the 
 United States, after allowing all just credits and off-sets; 
 that the claimant, and, where the claim has been assigned, 
 the original and every prior owner thereof, if a citizen, 
 has at all times borne true allegiance to the Government 
 of the United States, and, whether a citizen or not, has 
 not in any way voluntarily aided, abetted, or given encour- 
 agement to rebellion against the said Government, and 
 that he believes the facts as stated in the said petition to 
 be true. And the said petition shall be verified by the 
 affidavit of the claimant, his agent, or attorney. 1 
 
 312. The said allegations as to true allegiance and vol- P 61 ^ 10 .^ . dis- 
 
 missed if issue 
 
 untary aiding, abetting, or giving; encouragement to rebel- found against 
 
 ,. .. . claimant as to al- 
 
 hon against the Government may be traversed by the legiance, etc. 
 Government, and if on the trial such issues shall be 92, 3^12!' \\il] pi 
 decided against the claimant, his petition shall be dis- 767t 
 missed. Sec. 1073, R.S. 
 
 'U. S. v. Insurance Companies, 22 Wall. ,99. 
 
116 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Burden of proof 313 Whenever it is material in any claim to ascertain 
 
 and evidence as 
 
 wne ^ ner auv person did or did not give any aid or comfort 
 
 C^TI, s. 3, v. 15, pi to the late rebellion, the claimant asserting the loyalty of 
 any such person to the United States during such rebellion 
 shall be required to prove affirmatively that such person 
 did, during said rebellion, consistently adhere to the United 
 States, and did give no aid or comfort to persons engaged 
 in said rebellion; and the voluntary residence of any such 
 person in any place where, at any time during such resi- 
 dence, the rebel force or organization held sway, shall be 
 prirna-facie evidence that such person did give aid and 
 comfort to said rebellion and to the persons engaged therein. 
 to "* 81 ?" 314< The Courfc of Claims shall have power to appoint 
 ^' OA commissioners to take testimonv to be used in the investi- 
 
 <et). ^4, looo, c. 
 
 er 1 8 Mar V 3 YsoS' g 3 ^ 011 of claims which come before it; to prescribe the fees 
 
 c.92, s. 4, V. 1 12, pi which they shall receive for their services, and to issue 
 
 commissions for the taking of such testimony, whether 
 
 ' taken at the instance of the claimant or of the United 
 
 States. 
 
 Power to call 315 The said court shall have power to call upon any of 
 
 upon Depart- 
 
 . 
 
 for in for- the Departments for any information or papers it may deem 
 Feb. 24, 1855, c. necessary, and shall have the use of all recorded and printed 
 
 122, 8. 11, v. 10, p. * ' 
 
 614. reports made by the committees of each House of Congress, 
 
 sec. 1076, R.S. when deemed necessary in the prosecution of its business. 
 But the head of any Department may refuse and omit to 
 comply with any call for information or papers when, in his 
 opinion, such compliance would be injurious to the public 
 interest. 
 
 to^be^take^ 316t Wnen & appears to the court in any case that the 
 
 W Feb' 24 1855 c ^ ac ^ s se ^ f r th in the petition of the claimant do not furnish 
 
 122, s. 4, V. 10,' p. any ground for relief, it shall not be the duty of the court 
 
 s'ec. 1077, R.S. to authorize the taking of any testimony therein. 
 
 witnesses not 317. No witness shall be excluded in any suit in the Court 
 
 excluded on ac- 
 
 count of color. of Claims on account of color. 1 
 
 July 2, 1864, c. 210, s. 3, v. 13, p. 351 ; Mar. 2, 1867, c. 166, s. 2, 
 v. 14, p. 457 ; June 25, 1868, c. 71, s. 4, v. 15, p. 75. Sec. 1078, R. S. 
 
 jE^amiaationof 3ig. The court may, at the instance of the attorney or 
 
 Mar. 3,' mi, c . solicitor appearing in behalf of the United States, make an 
 
 766' ; Ji7ne '25,' order in any case pending therein, directing any claimant 
 
 1868, c. 71, 8. 4, v. . , . 
 
 15, p. 75. in such case to appear, upon reasonable notice, before any 
 
 sec. loso, R. s. commissioner of the court, and be examined on oath touch- 
 ing any or all matters pertaining to said claim. Such 
 examination shall be reduced to writing by the said com- 
 missioner, and be returned to and filed in the court, and 
 may, at the discretion of the attorney or solicitor of the 
 
 i Section 1079, Revised Statutes, repealed by section 8, act of March 3, 1887. (24 Stat. 
 L., 505.) See also Coruett v. Williams, 20 Wall., 226; Wood's Case, 10 C. Cls. R., 395- 
 
THE MILITARY LAWS OP THE UNITED STATES. 117 
 
 United States appearing in the case, be read and used as 
 evidence on the trial thereof. And if any claimant, after 
 such order is made and due and reasonable notice thereof 
 is given to him, fails to appear, or refuses to testify or 
 answer fully as to all matters within his knowledge material 
 to the issue, the court may, in its discretion, order that the 
 said cause shall not be brought forward for trial until he 
 shall have fully complied with the order of the court in the 
 premises. 1 
 
 319. The testimony in cases pending before the Court of 
 Claims shall be taken in the county where the witness depo 
 
 ., ,, , AT j Feb. 24, 1855, c. 
 
 resides, when the same can be conveniently done. 122,8. a,v. 10, P .6i3. 
 
 320. The Court of Claims may issue subpoenas to require ' 
 
 the attendance of witnesses in order to be examined before compelled to at- 
 
 tnu uctorc com- 
 
 any person commissioned to take testimony therein, and ^UbTITjgsj c 
 such subpoenas shall have the same force as if issued from 122. s - 3 - v. io,'p. 
 a district court, and compliance therewith shall be com- Sec<1082 BSt 
 pelled under such rules and orders as the court shall 
 establish. 
 
 321. In taking testimony to be used in support of any cross examina- 
 claim, opportunity shall be given to the United States to r^b. 24,1895,0. 
 file interrogatories, or by attorney to examine witnesses, III'. s ' 5 ' v ' 10 ' p ' 
 under such regulations as said court shall prescribe ; and sec.i083,B.s. 
 like opportunity shall be afforded the claimant, in cases 
 
 where testimony is taken on behalf of the United States, 
 under like regulations. 
 
 322. The commissioner taking testimony to be used in the witnesses.how 
 Court of Claims shall administer an oath or affirmation to Feb 24 1855 c 
 the witnesses brought before him for examination. 122 > s - 3 - v ' S eclio84 13 R.s. 
 
 323. When testimony is taken for the claimant, the fees Fees of com- 
 of the commissioner before whom it is taken, and the cost of whom TOM! r ' y 
 the commission and notice, shall be paid by such claimant; i22, e s.'3, V. lo/p- 
 and when it is taken at the instance of the Government, 61 
 
 such fees, together with all postage incurred by the Sec ' 1085 B - s - 
 Assistant Attorney-General, shall be paid out of the con- 
 tingent fund provided for the .Court of Claims or other 
 appropriation made by Congress for that purpose. 
 
 324. Any person who corruptly practices or attempts to claims forfeit- 
 practice any fraud against the United States in the proof, i. a, isss, c. 
 statement, establishment, or allowance of any claim, or of ?67. s ' n ' v ' 12 ' p ' 
 any part of any claim against the United States, shall ipso Sec .io86,u.s. 
 facto forfeit the same to the Government; and it shall be 
 
 the duty of the Court of Claims, in such cases, to find 
 specifically that such fraud was practiced or attempted to 
 be practiced, and thereupon to give judgement that such 
 
 Macauley's Caae, 11 C. Cls. R., 575. 
 
118 THE MILITARY LAWS OF THE UNITED STATES. 
 
 claim .is forfeited to the Government, and that the claimant 
 be forever barred from prosecuting the same. 
 New trial on 325, When judgment is rendered against any claimant, 
 
 motion of claim- . 
 
 ant. the court may grant a new trial for any reason which, by 
 
 Feb. 24, 1855, c. J * . J ., _ 
 
 122, s. 9, v. 10, p. the rules of common law or chancery in suits between indi- 
 viduals, would furnish sufficient ground for granting a new 
 
 OCC. 11)34, K.N. 
 
 trial. 
 New trial on 326. The Court of Claims, at any time while any claim is 
 
 motion of United 
 
 states. pending before it. or on appeal from it, or within two years 
 
 Juno 25, 1868, c. 
 
 71, s. 2, v. 15, p. next alter the final disposition of such claim, may, on 
 motion on behalf of the United States, grant a new trial 
 '88,R.s. e p a y men t of any judgment therein, upon such 
 
 evidence, cumulative or otherwise, as shall satisfy the 
 court that any fraud, wrong, or injustice in the premises 
 has been done to the United States,- but until an order is 
 made staying the payment of a judgment, the same shall 
 be payable and paid as now provided by law. 1 
 f 327. In all cases of final judgments by the Court of 
 'Ti863, c. Claims, or, on appeal, by the Supreme Court, where the same 
 76G. 8 ' ?< v ' 12 ' p ' are affirmed in favor of the claimant, the sum due thereby 
 sec. 1089, R.S. shall be paid out of any general appropriation made by law 
 for the payment and satisfaction of private claims, on pre- 
 sentation to the Secretary of the Treasury of a copy of 
 said judgment, certified by the clerk of the Court of Claims, 
 and signed by the chief justice, or, in his absence, by the 
 presiding judge of said court. 
 
 interest. 328. In cases where the judgment appealed from is in 
 
 92 S ar 7,'v. 12,' p! favor of the claimant, and the same is affirmed by the 
 Supreme Court, interest thereon at the rate of five per 
 sec. 1090, R.s. cen j- U ni shall be allowed from the date of its presentation 
 to the Secretary of the Treasury for payment as aforesaid, 
 but no interest shall be allowed subsequent to the affirm- 
 ance, unless presented for payment to the Secretary of the 
 Treasury as aforesaid. 
 
 claims 6 st n 329 - No interest shall be allowed on any claim up to the 
 92 M 8 ar 7 3 v 18 r> } 'p' ^ me f ^ ne rendition of judgment thereon by the Court of 
 706. Claims, unless upon a contract expressly stipulating for 
 
 sec. looi, R.S. ne payment of interest. 
 
 uc^mJnt^a fun ***^' ^ ne P a Y men ^ of the amount due by any judgment 
 discharge, etc. of tli e Court of Claims and of any interest thereon allowed 
 
 Mar. 3, 1863, c. , , , . , _ ,, , . 
 
 92,s.7,v.i2,p.766. by law, as hereinbefore provided, shall be a full discharge 
 
 sec. 1092, R.S. to the United States of all claim and demand touching any 
 
 of the matters involved in the controversy. 
 
 mStsabar 1 * 1 * 5 " *^' ^ n ^ ^ USi ^ judgment against the claimant on any 
 
 Mar. 3, 1863, c. claim prosecuted as provided in this chapter shall forever 
 
 bar any further claim or demand against the United States 
 
 Sec * 1093 ' B<s * arising out of the matters involved in the controversy. 
 
 Exparte Russell, 13 Wall., 664; Ex parte, in matter of U. S., 16 Wall., 699. 
 
THE MILITARY LAWS OF THE UNITED STATES. 119 
 
 332, Whenever a claim or matter is pending before any 
 
 committee of the Senate or House of Bepresentatives, or congress invoiv 
 
 A ing investigation 
 
 before either House of Congress, which involves the inves- to be referred to 
 
 Court of Claims. 
 
 tigation and determination of facts, the committee or house sec. i, Mar. 3, 
 
 .,.,.' . , 1883, v. 22, p. 485. 
 
 may cause the same, with the vouchers, papers, proofs, and 
 documents pertaining thereto, to be transmitted to the 
 Court of Claims of the United States, and the same shall 
 there be proceeded in under such rules as the court may 
 adopt. When the facts shall have been found, the court 
 shall not enter judgment thereon, but shall report the same 
 to the committee or to the house by which the case was 
 transmitted for its consideration. Sec. 1, act of March ?, 
 1883 (22 Stat. L., 485}. 
 
 333, That when a claim or matter is pending in any of certain claims 
 
 J pending in Ex- 
 
 the executive departments which may involve controverted eeutive Depart- 
 questions of fact or law, the head of such Department may transmitted etc. 6 
 
 ., ,, .., ^i i / -> to Court of 
 
 transmit the same, with the vouchers, papers, proofs, and claims. 
 documents pertaining thereto, to said court, and the same 
 shall be there proceeded in under such rules as the court 
 may adopt. When the facts and conclusions of law shall 
 have been found, the court shall not enter judgment 
 thereon, but shall report its findings and opinions to the 
 department by which it was transmitted for its guidance 
 and action. 1 Sec. 2, ibid. 
 
 334, The jurisdiction of said court shall not extend to 0*>^ 
 include any claim against the United States growing out t ion of court. 
 of the destruction or damage to property by the Army or 
 
 Navy during the war for the suppression of the rebellion, 
 or for the use and occupation of real estate by any part of 
 the military or naval forces of the United States in the 
 operations of said forces during the said war at the seat of 
 war; nor shall the said court have jurisdiction of any claim 
 against the United States which is now barred by virtue 
 of the provisions of any law of the United States. Sec. 3, 
 ibid. 
 
 335, In any case of a claim for supplies or stores taken pl c J 8 aim e s J ors f ^P; 
 by or furnished to any part of military or naval forces of n j.jgff on lo j f 8 {J[J; 
 the United States for their use during the late war for the rebellion. 
 suppression of the rebellion, the petition shall aver that 
 
 the person who furnished such supplies or stores, or from 
 
 whom such supplies or stores were taken, did not give any 
 
 aid or comfort to said rebellion, but was throughout that 
 
 war loyal to the government of the United States, and the 
 
 fact of such loyalty shall be a jurisdictional fact; and un- Loyalty to bea 
 
 less the said court shall, on a preliminary inquiry, find that fact 8 
 
 'Where claims are referred by the head of an Executive Department, of his own 
 motion, and without the consent of the claimant, the court will take jurisdiction 
 under the Bowman Act, Billings v. U. S., 23 C. Cls. K., 166, 175. 
 
120 THE MILITARY LAWS OF THE UNITED STATES. 
 
 the person who furnished such supplies or stores, or from 
 whom the same were taken as aforesaid, was loyal to the 
 Government of the United States throughout said war, the 
 court shall not have jurisdiction of such cause, and the same 
 shall, without further proceedings, be dismissed. Sec. 4, 
 ibid. 
 Defense, etc., 336. That the Attorney-General or his assistants, under 
 
 for the United . 
 
 states. his direction, shall appear for the defense and protection 
 
 of the interests of the United States in all cases which 
 may be transmitted to the Court of Claims under this act, 
 with the same power to interpose counter-claims, offsets, 
 defenses for fraud practiced or attempted to be practiced 
 by claimants, and other defenses, in like manner as he is 
 now required to defend the United States in said court. 
 Sec. 5, ibid. 
 Parties in in- 337. That in the trial of such cases no person shall be 
 
 terest may tes- 
 tify, etc. excluded as a witness because he or she is a party to or 
 
 interested in the same. Sec. 6, ibid. 
 Reports of 338. That reports of the Court of Claims to Congress 
 
 Court of Claims 1,1. . < A 11 i -, 
 
 may be contin- under this act, it not nrially acted upon during the session 
 Son. et lc at which they are reported, shall be continued from session 
 5ec.7,i6id. ^ Q sess j on au( j f rom Congress to Congress until the same 
 shall be finally acted upon. 1 Sec. 7, ibid. 
 
 339f Tkat tbe Court of Claims shall have jurisdiction to 
 hear and determine the following matters: 
 jurisdiction of First. All claims founded upon the Constitution of the 
 
 Court of Claims. TT . 
 
 R. s., aec.ioss, United States 2 or any law of Congress, except for pensions, 
 p 'Mar.3,i887, v. or upon any regulation of an Executive Department, or 
 upon any contract, expressed or implied, with the Govern- 
 ment of the United States, or for damages, liquidated or 
 unliquidated, in cases not sounding in tort, in respect of 
 which claims the party would be entitled to redress against 
 the United States either in a court of law, equity, or adini- 
 
 proviso. ralty if the United States were suable: Provided, however, 
 That nothing in this section shall be construed as giving 
 to either of the courts herein mentioned, jurisdiction to 
 hear and determine claims growing out of the late civil 
 
 "War "and re- war, and commonly known as "war claims," or to hear 
 cepted. ca x and determine other claims, which have heretofore been 
 
 1 Paragraphs 332 to 338, inclusive, constitute tbe Bowman Act (22 Stat. L., 485). 
 
 2 Tbe clause giving tbe Court of Claims jurisdiction of claims founded upon tbe 
 Constitution of the United States gives tbe court jurisdiction over obligations arising 
 out of the occupation or taking of real property. Stovall v. U. S., 26 C. Cls. R., 226. 
 A distinction exists between property used for Government purposes and property 
 destroyed for the public safety. If the conditions admitted of it being acquired by 
 contract and used for the benefit of the Government, it may be regarded as acquired 
 under an implied contract; but if the taking, using, or occupying was in the nature 
 of destruction for the general welfare, or incident to tbe ravages of war, and whether 
 brought about by casualty or by authority, and whether on hostile or national ter- 
 ritory, the loss (i'n the absence of positive legislation) must be borne by him upon 
 whom it falls. Hefleblower v. U. S., 21 C. Cls. K., 228. 
 
THE MILITARY LAWS OF THE UNITED STATES. 121 
 
 rejected, or reported on adversely by any court, Depart- 
 ment, or commission authorized to hear and determine the 
 same. 
 
 Second. All set-offs, counter-claims, claims for damages, set-offs, coun- 
 whether liquidated or unliquidated, or other demands terclaims etc - 
 whatsoever on the part of the Government of the United 
 States against any claimant against the Government in 
 said court: Provided. That no suit against the Government Proviso. 
 
 Limitation. 
 
 of the United States, shall be allowed under this act unless 
 the same shall have been brought within six years after 
 the right accrued for which the claim is made. Act of 
 March 3, 1887, v. 24, p. 505. 
 
 340. That the district courts of the United States shall .District and 
 have concurrent jurisdiction with the Court of Claims as have concurrent 
 
 ,, , . ,, ,. .. , ., jurisdiction with 
 
 to all matters named in the preceding section where the court of claims; 
 amount of the claim does not exceed one thousand dollars, sec. 2, md. 
 and the circuit courts of the United States shall have such 
 concurrent jurisdiction in all cases where the amount of 
 such claim exceeds one thousand dollars and does not 
 exceed ten thousand dollars. All causes brought and tried 
 under the provisions of this act shall be tried by the court 
 without a jury. Sec. 2, ibid. 
 
 341. That whenever any person shall present his peti- Petitions for 
 tion to the Court of Claims alleging that he is or has been ctai bond, 
 indebted to the United States as an officer or agent thereof, 
 
 or by virtue of any contract therewith, or that he is the 
 guarantor, or surety, or personal representative of any 
 officer, or agent, or contractor so indebted, or that he, or 
 the person for whom he is such surety, guarantor, or per- 
 sonal representative has held any office or agency under 
 the United States, or entered into any contract therewith, 
 under which it may be or has been claimed that an indebt- 
 edness to the United States has arisen and exists, and that 
 he or the person he represents has applied to the proper 
 Department of the Government requesting that the account 
 of such office, agency, or indebtedness may be adjusted 
 and settled, and that three years have elapsed from the 
 date of such application and said account still remains 
 unsettled and unadjusted, and that no suit upon the same 
 has been brought by the United States, said court shall, 
 due notice first being given to the head of said Depart- 
 ment and to the Attorney -General of the United States,* 
 proceed to hear the parties and to ascertain the amount, 
 if any, due the United States on said account. The Attor- 
 ney-General shall represent the United States at the hear- 
 ing of said cause. The court may postpone the same from 
 
122 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Judgment 
 
 Limitation. 
 
 Juri sdiction 
 and procedure. 
 Sec. 4, ibid. 
 
 Petition for 
 settlement of 
 claims. 
 
 Sec. 5, ibid. 
 
 Service. 
 Sec. 6, ibid. 
 
 Defense. 
 
 time to time whenever justice shall require. The j udgment 
 of said court or of the Supreme Court of the United States, 
 to which an appeal shall lie, as in other cases, as to the 
 amount due, shall be binding and conclusive upon the par- 
 ties. The payment of such amount so found due by the 
 court shall discharge such obligation. An action shall 
 accrue to the United States against such principal, or 
 surety, or representative to recover the amount so found 
 due, which may be brought at any time within three years 
 after the final judgment of said court. Unless suit shall be 
 brought within said time, such claim and the claim on the 
 original indebtedness shall be forever barred. Sec. .3, ibid. 
 
 342. That the jurisdiction of the respective courts of the 
 United States proceeding under this act, including the right 
 of exception and appeal, shall be governed by the law now 
 in force, in so far as the same is applicable and not incon- 
 sistent with the provisions of this act; and the course of 
 procedure shall be in accordance with the established rules 
 of said respective courts, and of such additions and modi- 
 fications thereof as said courts may adopt. Sec. 4, ibid. 
 
 343. That the plaintiff in any suit brought under the 
 provisions of the second section of this act shall file a 
 petition, duly verified with the clerk of the respective court 
 having jurisdiction of the case, and in the district where 
 the plaintiff resides. Such petition shall set forth the full 
 name and residence of the plaintiff, the nature of his claim, 
 and a succinct statement of the facts upon which the claim 
 is based, the money or any other thing claimed, or the 
 damages sought to be recovered and praying the court for 
 a judgment or decree upon the facts and law. Sec. 5, ibid. 
 
 344. That the plaintiff shall cause a copy of his petition 
 filed under the preceding section to be served upon the 
 district attorney of the United States in the district wherein 
 suit is brought, and shall mail a copy of the same, by reg- 
 istered letter, to the Attorney- General of the United States, 
 and shall thereupon cause to be filed with the clerk of the 
 court wherein suit is instituted an affidavit of such service 
 and the mailing of such letter. It shall be the duty of the 
 district attorney upon whom service of petition is made as 
 aforesaid to appear and defend the interests of the Gov- 
 ernment in the suit, and within sixty days after the service 
 of petition upon him, unless the time should be extended 
 by order of the court made in the case to file a plea, answer, 
 or demurrer on the part of the Government, and to file a 
 notice of any counter-claim, set-off, claim for damages, or 
 other demand or defense whatsoever of the Government 
 
THE MILITARY LAWS OF THE UNITED STATES. 123 
 
 in the premises: Provided. That should the district attor- 
 
 Proceedings on 
 
 ney neglect or refuse to file the plea, answer, demurrer, or failure of GOV- 
 
 J eminent to an- 
 
 defense, as required, the plaintiff may proceed with theawer. 
 case under such rules as the court may adopt in the prem- 
 ises; but the plaintiff shall not have judgment or decree 
 for his claim, or any part thereof, unless he shall establish 
 the same by proof satisfactory to the court. Sec. 6, ibid. 
 
 345. That it shall be the duty of the court to cause a Opinions. 
 written opinion to be filed in the cause, setting forth the 
 specific findings by the court of the facts therein and the 
 conclusions of the court upon all questions of law involved 
 
 in the case, and to render judgment thereon. If the suit 
 be in equity or admiralty, the court shall proceed with the 
 same according to the rules of such courts. Sec. 7, ibid. 
 
 346. That in the trial of any suit brought under any ^^^f^^' 
 the provisions of this act, no person shall be excluded as a sec. s, ibid. 
 witness because he is a party to or interested in said suit; 
 
 and any plaintiff or party in interest may be examined as 
 a witness on the part of the Government. 
 
 Section ten hundred and seventy- nine of the Kevised 
 Statutes is hereby repealed. The provisions of section ten 
 hundred and eighty of the Revised Statutes shall apply to 
 cases under this act. Sec. #, ibid. 
 
 347. That the plaintiff or the United States, in any suit^Appeais and 
 brought under the provisions of this act shall have the Sec. 9 ? ibid. ' 
 same rights of appeal or writ of error as are now reserved 
 
 in the statutes of the United States in that behalf made, 
 
 and upon the conditions and limitations therein contained. 
 
 The modes of procedure in claiming and perfecting an Procedure. 
 
 appeal or writ of error shall conform in all respects, arid as 
 
 near as may be, to the statutes and rules of court govern- 
 
 ing appeals and writs of error in like causes. Sec. f , ibid. 
 
 348. That when the findings of fact and the law applica- Adverse judg- 
 
 ments to United 
 
 ble thereto have been filed in any case as provided in section states to be certi- 
 
 fied to Attorney- 
 
 SIX of this act, and the judgment or decree is adverse to General. 
 the Government, it shall be the duty of the district attor- 
 ney to transmit to the Attorney-General of the United 
 States certified copies of all the papers filed in the 3ause, 
 with a transcript of the testimony taken, the written find- 
 ings of the court, and his written opinion as to the same; 
 whereupon the Attorney -General shall determine and direct 
 whether an appeal or writ of error shall be taken o*- not; Appeal. 
 and when so directed the district attorney shall cause an 
 appeal or writ of error to be perfected in accordance with 
 the terms of the statutes and rules of practice governing 
 the same : Provided, That no appeal or writ of error shall Proviso. 
 
124 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Limitation. \) Q allowed after six months from the judgment or decree 
 in such suit. From the date of such final judgment or 
 
 interest. decree interest shall be computed thereon, at the rate of 
 four per centum per annum, until the time when an appro- 
 priation is made for the payment of the judgment or decree. 
 Sec. 10, ibid. 
 
 Report to Con- 349. That the Attorney-General shall report to Congress, 
 
 sec. 11, ibid. au( j a t the beginning of each session of Congress, the suits 
 
 under this act in which a final judgment or decree has been 
 
 rendered giving the date of each, and a statement of the 
 
 costs taxed in each case. Sec. 11, ibid. 
 
 b?De m artSnents l ^^' ^ na ^ wnen a "7 claim or matter may be pending in 
 
 'sec. i2,iMd. any of the Executive Departments which involves contro- 
 verted questions of fact or law, the head of such Depart- 
 ment, with the consent of the claimant, may transmit the 
 same, with the vouchers, papers, proofs, and documents 
 pertaining thereto, to said Court of Claims, and the same 
 shall be there proceeded in under such rules as the court 
 may adopt. When the facts and conclusions of law shall 
 have been found, the court shall report its findings to the 
 Department by which it was transmitted. 1 Sec. 12, ibid. 
 
 Claims referred 351. That in everv case which shall come before the Court 
 
 under Bowman . . 
 
 Apt. of Claims, or is now pending therein, under the provisions ot 
 
 an act entitled "An act to afford assistance and relief to 
 Congress and the Executive Departments in the investiga- 
 tion of claims and demands against the Government," ap- 
 proved March third, eighteen hundred and eighty- three, if 
 it shall appear to the satisfaction of the court, upon the 
 judgment, facts established, that it has jurisdiction to render judg- 
 ment or decree thereon under existing laws or under the 
 provisions of this act, it shall proceed to do so, giving to 
 either party such further opportunity for hearing as in its 
 judgment justice shall require, and report its proceedings 
 therein to either House of Congress or to the Department 
 by which the same was referred to said court. Sec. 13, ibid. 
 Reference of 352, That whenever any bill, except for a pension, shall 
 
 in congress, "be pending in either House of Congress providing for the 
 payment of a claim against the United States, ]egal or 
 equitable, or for a grant, gift, or bounty to any person, the 
 House in which such bill is pending may refer the same to 
 the Court of Claims, who shall proceed with the same in 
 accordance with the provisions of the act approved March 
 third, eighteen hundred and eighty-three, entitled an "Act to 
 afford assistance and relief to Congress and the Executive 
 Departments in the investigation of claims and demands 
 
 1 See paragraph 333 supra (section 3, act of March 3, 1883). 
 
THE MILITARY LAWS OF THE UNITED STATES. 125 
 
 against the Government," and report to such House the 
 facts in the case and the amount, where the same can be 
 liquidated, including any facts bearing upon the question 
 whether there has been delay or laches in presenting such 
 claim or applying for such grant, gift, or bounty, and any 
 facts bearing upon the question whether the bar of any 
 statute of limitation should be removed or which shall be 
 claimed to excuse the claimant for not having resorted to 
 any established legal remedy. 'j$ec. 14, ibid. 
 
 353. If the Government of the United States shall put in 
 issue the right of the plaintiff to recover the court may, 
 in its discretion, allow costs to the prevailing party from, the 
 time of joining such issue. Such costs, however, shall in- 
 clude only what is actually incurred for witnesses, and for 
 summoning the same, and fees paid to the clerk of the court. 1 
 Sec. 15, ibid. 
 
 'Vol. 24. Stat. L., pp. 505-508. paragraphs 339 to 353, supra, constitute the Tucker 
 Act. The act of March 3, 18!)1 (20 Stat. L., 851), confers jurisdiction upon this court 
 to adjust certain claims arising from Indian depredations. 
 
CHAPTER VIII. 
 
 THE DEPARTMENT OF THE XAVY THE MARINE 
 
 COUPS. 
 
 Par. 
 
 354. Establishment of the Navy 
 
 Department. 
 
 355. Composition of Marine Corps. 
 
 356. Credit for volnteer service. 
 
 357. Kankof commandant. 
 
 358. Relative rank with the Army. 
 
 359. Brevets. 
 
 360. Enlistments. 
 
 361. Oath. 
 
 362. Exemption from arrest. 
 
 363. Companies and detachments. 
 
 364. Pay of Marine Corps. 
 
 Par. 
 
 365. Duty on shore. 
 
 366. Regulations. 
 
 367. Subject to laws governing the 
 
 Navy, except when serving 
 with the Army. 
 
 368. Retirement of officers. 
 
 369. Retiring board, composition. 
 
 370. Transfers from military to 
 
 naval service. 
 
 371. Officers of the Navy may be 
 
 detailed for service of the 
 War Department. 
 
 Establishment 354. There shall be at the seat of Government an Execu- 
 ment e of ei thotive Department to be known as the Department of the 
 
 Apr. 80,1798, v. Navv. and a Secretary of the Navy, who shall be the head 
 1 ' p ' 553 ' thereof. 
 
 Sec. 415, It. S. 
 
 THE MARINE CORPS. 
 
 C o m p o sition 
 of Marine Corps. 
 
 July 25, 1861, c. 
 19, s. l,v. 12, p. 
 275; Mar. 2, 1867, 
 c. 174, s. 7,v. 14. p. 
 517 ; June >, 1874, 
 v.!85,p.58; Juno 
 30, 1876, v. 19, p. 
 71. 
 
 Sec. 1596, B. S. 
 
 Credit for vol- 
 unteer service. 
 
 Mar. 2, 1867, c. 
 174, s. 3, v. 14, p. 
 516. 
 
 Sec. 1600, R.S. 
 
 Rank of com- 
 mandant. 
 
 Mar. 2, 1867, c. 
 174, s. 7, v. 14, p. 
 517, June6,1874, 
 
 126 
 
 355. The Marine Corps of the United States shall con- 
 sist of one commandant, with the rank of colonel, one col- 
 onel, two lieutenant-colonels, four majors, one adjutant and 
 inspector, one paymaster, one quartermaster, two assistant 
 quartermasters, twenty captains, thirty first lieutenants, 
 thirty second lieutenants, one sergeant-major, one quarter- 
 master-sergeant, one drum-major, one principal musician, 
 two hundred sergeants, two hundred and twenty corporals, 
 thirty musicians for a band, sixty drummers, sixty fifers, 
 and twenty-five hundred privates. 1 
 
 356. All marine officers shall be credited with the length 
 of time they may have been employed as officers or enlisted 
 men in the volunteer service of the United States. 
 
 357. The commandant of the Marine Corps shall have 
 the rank of a colonel of the Army. 
 
 v. 18, p. 58. Sec. 1601, R. S. 
 
 1 The commissioned strength of the Marine Corps was fixed at seventy-five by the 
 act of June 30, 1876 (19 Stat. L., 71). 
 
THE MILITARY LAWS OF THE UNITED STATES. 127 
 
 358. The officers of the Marine Corps shall be. in relation Relative rank 
 
 1 with the Army. 
 
 to rank, on the same footing as officers of similar grades in June3o,i834,c. 
 
 132, s. 4, v. 4, p- 
 
 the Army. 713. sec. leos, B. s. 
 
 359. Commissions by brevet ma} 7 be conferred upon com- Brevets. 
 missioned officers of the Marine Corps in the same cases, sg^f Jv\^&*! 
 upon the same conditions, and in the same manner as are^g^^p 1 .^ 
 or may be provided by law for officers of the Army. m ne 8 3 9 v 83 * 1 ' 
 
 713 ; July 6, 1812, c. 137, s. 4, v. 2, p. 785; Mar. 1, 1869, c. 52, s. 2, v. 15 ' p 281 '. Mar 3 
 1869, c. 124, s. 7, v. 15, p. 318 ; July 15, 1870, c. 294, s. 16, v. 16, p. 319. Sec. 1604, B.S.' 
 
 360. Enlistments into the Marine Corps shall be for a Enlistments. 
 
 July 11, 1870, 
 
 period not less than five years. Res. IOG, v. 10, p. 387. sec. iocs, E. s. 
 
 361. The officers and enlisted men of the Marine Corps 9 a , tb> 
 
 July 11, 1798, c. 
 
 shall take the same oaths, respectively, which are provided 72, s. 4, v. i, P . 595. 
 by law for the officers and enlisted men of the Army. sec. 1609, E. s. 
 
 362. Marines shall be exempt, while enlisted in said serv- 
 
 ice, from all personal arrest for debt or contract. Jul u 
 
 72, s. 5, v. 1, pp. 595,596; June 30, 1834, c. 132, s. 3, v. 4, p. 713. Secfieio, 
 
 363. The Marine Corps may be formed into as many com- 
 panics or detachments as the President may direct, with a 
 
 proper distribution of the commissioned and non-commis- 72 ' s ' 1)V ' 1 ' p ' 594 ' 
 
 ... Sec. 1611, E.S. 
 
 sioned officers and musicians to each company or detach- 
 ment. 
 
 364. The officers of the Marine Corps shall be entitled to C< *J of Marine 
 receive the same pay and allowances, and the enlisted men ^""J^Y 83 ?!? 
 shall be entitled to receive the same pay and bounty for *g. 5, is&i, c.' 
 re-enlisting, as are or may be provided by or in pursuance see. 
 
 of law for the officers and enlisted men of like grades in sec. 1012, B. s. 
 the infantry of the Army. 
 
 365. The Marine Corps shall be liable to do duty in the j^/^' 
 forts and garrisons of the United States, on the seacoast, 72 > 8 - 6 . v - i. P- 596 - 
 or any other duty on shore, as the President, at his discre- Sec * 1619 ' Bg s - 
 tion, may direct. 
 
 366. The President is authorized to prescribe such mili- ?uSe Ifo^S, c. 
 tary regulations for the discipline of the Marine Corps asjg 1 s - 8 > v -" 4 > P- 
 he may deem expedient. Sec. leso, B. s. 
 
 367. The Marine Corps shall, at all times, be subject to subject to laws 
 
 J 7 governing the 
 
 the laws and regulations established for the government ot Kav .v- except 
 
 when serving 
 
 the Navy, except when detached for service with the Army with the Army. 
 by order of the President; and when so detached they shall 132, s, 2, V. 4,'p! 
 be subject to the rules and articles of war prescribed for the 1796,0. 7t,. 4,v! 
 government of the Army. '^ ec 16al? Bt s> 
 
 368. The commissioned officers of the Marine Corps shall Retirement, of 
 
 omcers. 
 
 be retired in like cases, in the same manner, and with the Aug<3| 1861i Ci 
 same relative conditions, in all respects, as are provided for fl 1 "ifo'"' July 
 officers of h t *' 
 
 officers of the Army, except as is otherwise provided in the 
 
 Jan - 21,1370, c. 9, s. i. v. ie, P . 62 ; July 15, ISTO, 
 
 p. 317; June 10, 1872, c. 419, s. 1, v. 17, p. 378. Sec. 1622, B.S. 
 
 next section. Jan - 21,1370, c. 9, s. i. v. ie, P . 62 ; July 15, ISTO, c. '294, s.' 4,V. 
 
 . 419, 
 
128 THE MILITARY LAWS OF THE UNITED STATES. 
 
 369. in case of an officer of the Marine Corps, the retir- 
 
 *TS^f 3,^1801, c. i n g board shall be selected by the Secretary of the Navy, 
 289. under the direction of the President. Two-fifths of the 
 
 sec. less, R.S. board shall be selected from the Medical Corps of the Navy 
 and the remainder shall be selected from officers of the 
 Marine Corps, senior in rank, so far as may be, to the officer 
 whose disability is to be inquired of. 
 
 TRANSFERS. 
 
 Transfers from 37Q. Any person enlisted in the military service of the 
 
 military to naval 
 
 service. United States may, on application to the Navy Department, 
 
 2oi, u s y i,V. is, p! approved by the President, be transferred to the Navy or 
 
 Marine Corps, to serve therein the residue of his term of 
 
 sec. 1421, B.S. en ii s ^ men ^ subject to the laws and regulations for the gov- 
 
 ernment of the Navy. But such transfer shall not release 
 
 him from any indebtedness to the Government, nor, without 
 
 the consent of the President, from any penalty incurred for 
 
 a breach of the military law. 
 
 DETAILS OF NAVAL OFFICERS. 
 
 Navy C ra r aybo de 6 371. The President may detail, temporarily, three compe- 
 o? t e he f w1Tr rV L) C e e tent naval officers for the service of the War Department 
 pa Feb e i2*'i862,c.in the inspection of transport vessels, and for such other 
 fB.s. services as may be designated by the Secretary of War. 
 
CHAPTER IX. 
 
 THE DEPARTMENT OF THE INTERIOR. 
 
 Par. 
 
 372. Establishment of Department 
 of the Interior. 
 
 Par. 
 
 373. Duties of Secretary. 
 
 374. Powers of Secretary. 
 
 372. There shall be at the seat of Government an Establishment 
 
 of Department of 
 
 Executive Department to be known as the Department of the interior. 
 the Interior, and a Secretary of the Interior, who shall be IDS, sV i, v. 9,' p! 
 the head thereof. 39 s ec . 437? B> s> 
 
 373. The Secretary of the Interior is charged with the Duties of sec- 
 supervision of public business relating to the following re Mar! 3, 1349, c. 
 
 , . 108, ss. 3, 5, 6, 7, 8, 
 
 subjects: 9, v . 9, p. 395-, 
 
 First. The census; when directed by law. 
 
 Second. The public lands, including mines. 
 
 Third. The Indians. . 
 
 Fourth. Pensions and bounty lands. 92,ioe. 
 
 Fifth. Patents for inventions. Sec * 441 ' E - s * 
 
 Sixth. The custody and distribution of publications. 
 
 Seventh. Education. 
 
 Eighth. Government Hospital for the Insane. 
 
 Ninth. Columbia Asylum for the Deaf and Dumb. 
 
 374. The Secretary of the Interior shall hereafter exercise Powers of sec- 
 all the powers and perform all the duties in relation to the Mar. i, 1873, c. 
 Territories of the United States that were, prior to March 
 first, eighteen hundred and seventy- three, by law or by 
 custom exercised and performed by the Secretary of State. 
 
 THE GENERAL LAND-OFFICE. 
 
 Par. 
 
 375. Commissioner of the General 
 
 Land-Office. 
 
 376. Secretary to the President to 
 
 sign land patents. 
 
 Par. 
 
 378. Returns and accounts rela- 
 
 tive to lands. 
 
 379. Warrants for military lands. 
 
 380. Issue of patents for lands. 
 
 377. Duties of Commissioner. 
 
 129 
 1919 9 
 
130 THE MILITARY LAWS OF THE UNITED STATES. 
 
 ^ nere sna ll be in the Department of the Interior a 
 Land-office. Commissioner of the General Land-Office, who shall be 
 68, J, r ii, V. 2,'p! appointed by the President, by and with the advice and 
 c 17 3 ; 52/s ly i!' v 83 5! consent of the Senate, and shall be entitled to a salary of 
 ml 1 ; 22G*s. 3, ^ our thousand dollars a year. 
 
 v. 17,' p. 508. ' Sec. 446, B. S. 
 
 th? e presfdent to 376> Tne President is authorized to appoint, from time to 
 
 sign land pat- time, by and with the advice and consent of the Senate, a 
 
 n juiy 4, 1836, c. secretary, at a salary of one thousand five hundred dollars 
 
 in! 8 ' v P a year, whose duty it shall be, under the direction of the 
 
 sec. 450, B. s. President, to sign in his name, and for him, all patents for 
 
 land sold or granted under the authority of the United 
 
 States. 
 
 m5oner f C m " 377t Tn6 Commissioner of the General Land-Office shall 
 
 Apr. 25, im, perform, under the direction of the Secretary of the In- 
 
 7ie ; July Z *i836,' terior , all executive duties appertaining to the surveying 
 
 p. 3 io7 ; 8 'i8 stat! and sale of the public lands of the United States, or in 
 
 t.,p.3i3. anywise respecting such public lands, and, also, such as 
 
 sec. 463, B. s. re ] a te to private claims of land, and the issuing of patents 
 
 for all grants of land under the authority of the Govern- 
 
 ment. l 
 
 Returns and ac- 373. All returns relative to the public lands shall be made 
 
 counts relative to 
 
 lands. to the Commissioner of the General Land-Office, and he 
 
 es^'v^p!?!?'. shall have power to audit and settle all public accounts 
 
 sec. 456, B. s. relative to the public lands ; and upon the settlement of 
 
 any such account, he shall certify the balance, and transmit 
 
 the account with the vouchers and certificate to the First 
 
 Comptroller of the Treasury, for his examination and deci- 
 
 sion thereon. 
 
 warrants for 379. In all cases in which land has heretofore or shall 
 
 m Apr r 25, a i8i2, c. hereafter be given by the United States for military serv- 
 
 681 8 ' 7 ' v ' 2 ' p ' 717 ' ices, warrants shall be granted to the parties entitled to 
 
 sec. 457, B. s. suc ] 1 i an( j jjy the Secretary of the Interior; and such war- 
 
 rants shall be recorded in the General Land-Office, in books 
 
 to be kept for the purpose, and shall be located as is or may 
 
 be provided by law ; and patents shall afterwards be issued 
 
 accordingly. 
 
 ento*forian at * *^' "^ patents issuing from the General Land-Office 
 
 Apr. 25, 1812, c. shall be issued in the name of the United States, and be 
 
 Mar. !', i8!c?26, ; signed by the President and countersigned by the Eecorder 
 
 s. 2, v. 5, P . 4i7. of tll e Q. enera i Land-Office; and shall be recorded in the 
 
 sec. 458, B. s. office, in books to be kept for the purpose. 2 
 
 1 The Court of Private Land Claims, established by the act of March 3, 1891 
 (26 Stat. L., 854-862), has been given jurisdiction to hear and determine controversies 
 as to titles to lands situated in the territory acquired from Mexico, by virtue of 
 Spanish and Mexican grants; and to issue decrees "which shall liually settle and 
 determine the validity of such titles and the boundaries of claims presented for 
 adjudication. The powers of the court are to cease and determine on December 31, 
 1897. Act March 2, 1895 (18 Stat. L., 805). See also Barnard's Heirs v. Ashley'sHeirs 
 et al., 18 How., 43 ; BeUr.Hearne et al., 19 How., 252; Maguire v. Tyler, 1 Black, 195. 
 
 2 Section 3 of the act of March 2, 1895. authorizes the patents for public lands to 
 be engrossed and recorded by means of typewriters or other machines, under regu- 
 lations to be prescribed by the Secretary of the Interior, with the approval of the 
 President. (28 Stat. L., 807.) 
 
THE MILITARY LAWS OP THE UNITED STATES. 
 
 131 
 
 THE COMMISSIONER OF INDIAN AFFAIRS. 
 
 Par. 
 
 381. Commissioner of Indian 
 
 Affairs. 
 
 382. Duties of Commissioner. 
 
 383. Accounts for claims and dis- 
 
 bursements. 
 
 384. Regulations relating to In- 
 
 dian affairs. 
 
 Par. 
 
 385. Presentation and payment of 
 
 claims for Indian depreda- 
 tions. 
 
 386. Sale of arms, etc., to Indians 
 
 prohibited. 
 
 387. Commissioner to report annu- 
 
 ally to Congress. 
 
 388. Reports of Indian supplies. 
 
 381. There shall be in the Department of the Interior a 
 Commissioner of Indian Affairs, who shall be appointed by 17 J ul y 9 - 1832 ' c - 
 the President, by and with the advice and consent of the 564! s< 
 Senate, and who shall be entitled to a salary of three thou- sec. 462, R. s. 
 sand dollars a year. 1 
 
 382. The Commissioner of Indian Affairs shall, under the P* tie8 of com- 
 
 missioner. 
 
 direction of the Secretary of the Interior, and agreeably to 17 J ul y 9 > 1832 > c - 
 such regulations as the President may prescribe, have the 564; ' 
 
 management of all Indian affairs, and of all matters arising 223 ' f 
 
 out of Indian relations. 
 
 Sec. 463, B. s. 
 
 564 ' 
 
 p. 
 
 * ec " 464 ' ** s * 
 
 383. All accounts and vouchers for claims and disburse- Accounts for 
 merits connected with Indian affairs shall be transmitted 
 
 to the Commissioner for administrative examination, and 
 by him passed to the proper accounting officer of the De- 
 partrnent of the Treasury for settlement. 
 
 384. The President may prescribe such regulations as he 
 
 may think fit for carrying into effect the various provisions 30 1834 
 of any act relating to Indian affairs, and for the settle- 162, s. 17, V. 4,' P ! 
 meiit of the accounts of Indian affairs. sec. 46o, R. s. 
 
 385. The Secretary of the Interior shall prepare and Presentation 
 
 ^ * and payment of 
 
 cause to be published such regulations as he may deem claims for Indian 
 
 v . . . . depredations. 
 
 proper, prescribing the manner of presenting claims aris- May 29, 1372, c. 
 
 ing under laws or treaty stipulations, for compensation for 190! 8> 
 
 depredations committed by the Indians, and the degree sec. 466, R. s. 
 
 and character of the "evidence necessary to support such 
 
 claims; he shall carefully investigate all such claims as 
 
 may be presented, subject to the regulations prepared by 
 
 him ; and no payment on account of any such claims shall 
 
 be made without a specific appropriation therefor by Con- 
 
 gress. 
 
 386. The Secretary of the Interior shall adopt such rules Sale of arms, 
 
 J etc., to Indians 
 
 as may be necessary to prohibit the sale of arms or ammu- prohibited. 
 
 ... J .... * .\ . . Feb. 14, 1873, c. 
 
 nition within any district or country occupied by uncivil- iss, s. i, v. 17, P . 
 ized or hostile Indians, and shall enforce the same. 
 
 __ Sec. 467, R. S. 
 
 ! For other statutory provisions respecting Indians, Indian affairs, and the Indian 
 country see the chapter entitled INDIANS, INDIAN AGENTS, ETC. 
 
 OF THB 
 
 UNIVERSITY 
 
132 THE MILITARY LAWS OF THE UNITED STATES. 
 
 to?eOTt annual' **^* ^ n6 Commissioner of Indian Affairs shall annually 
 
 i y to congress, report, separately, to Congress, a tabular statement show- 
 Mar 2, 1867, c. 
 
 173, s. 3, v. 14, p. ing distinctly the separate objects of expenditure under 
 his supervision, and how much disbursed for each object, 
 Sec. 468, R. s. Ascribing the articles and the quantity of each, and giving 
 the name of each person to whom any part was paid, and 
 how much was paid to him, and for what objects, so far as 
 they relate to the disbursement of the funds appropriated 
 for the incidental, contingent, or miscellaneous expenses 
 of the Indian service, during the fiscal year next preced- 
 ing each report. (See sees. 195, 196, R. S.) 
 In - 388. The Commissioner of Indian Affairs shall embody 
 a his annual report the reports of all agents or cominis- 
 *** sioners issuing food, clothing, or supplies of any kind to 
 
 See. 469, R. s. Indians, stating the number of Indians present and actually 
 receiving the same. 
 
 THE COMMISSIONER OF PENSIONS. 1 
 
 Par. I Par. 
 
 389. Commissioner of Pensions. I 390. Duties of the Commissioner. 
 
 Commissioner 389. There shall be in the Department of the Interior a 
 f Mar 1 Ti833, c. Commissioner of Pensions, who shall be appointed by the 
 6i9, 8 622 ; Mar P 3,' President, by and with the advice and consent of the Sen- 
 3 8 v 5 4, p.779TMarl ate ? an( ^ shall be entitled to receive a salary of four thou- 
 P 18 i?7 C 'Mar V ' 4 san d dollar s a year. 
 
 1840, c .'4, ss. 1, 2', 3, v. 5, p. 369 ; Mar. 4, 1840, e. 4, s. 4, v. 5, p. 370 ; Jan. 20, 1843, c. 4, v. 5, 
 p. 597 ; Jan. 14, 1846, c. 4, 8. 1, v. 9, p. 3 ; Jan. 19, 1849, c. 20, s. 1, v. 9, p. 341 ; Mar. 3, 1873, 
 c. 226, s. 3, v. 17, p. 508. Sec. 470, R. S. 
 
 Duties of the 390. The Commissioner of Pensions shall perform, under 
 C M^ 2^1833%. the direction of the Secretary of the Interior, such duties 
 6i 9 ^.^a!? 3,' in the execution of the various pension and bounty-land 
 4 8 p 5 ' 779^'Mar' 3'. l aws as mav l> e prescribed by the President. 
 
 1837, c. 43, s. 2,'vl 5, p. 187; Mar. 4, 1840, c. 4, s. 2, v. 5, p. 369; Mar. 4, 1840, c. 4, s. 4, v. 5. p. 
 370; Jan. 20,1843, c. 4, s. 2, v. 5, p. 597; Jan. 19,1877, c. 27, v. 19, p. 224. Sec. 471, R. S. 
 
 THE RETURNS OFFICE. 2 
 
 Par. 
 
 391. Returns Office. 
 
 392. Clerk to file returns. 
 
 Par. 
 
 393. Indexes. 
 
 394. Copies of returns. 
 
 Returns office. 391. The Secretary of the Interior shall from time to 
 
 June 2, 1862, c. 
 
 93, s. 4,v. 2, p. 412. time provide a proper apartment, to be called the Eeturns 
 Sec. 512, R. s. Office, in which he shall cause to be filed the returns of con- 
 tracts made by the Secretary of War, the Secretary of the 
 Navy, and the Secretary of the Interior, and shall appoint 
 a clerk of the first class to attend to the same. (See sees. 
 3744-3747, R. S., paragraphs 1189-1192 post.) 
 
 1 See chapter entitled PENSIONS for laws regulating the granting of pensions. 
 
 2 See chapter entitled CONTRACTS AND PURCHASES for other statutes relating to 
 the filing of contracts and other papers in the Returns Office. 
 
THE MILITARY LAWS OF THE UNITED STATES. 133 
 
 392. The clerk of the Keturns Office shall file all returns, cierktoniere. 
 
 turns. 
 
 made to the office, so that the same may be of easy access, 93 J 2 ; 18 1 2 2i<5< 
 keeping all returns made by the same officer in the same 412. 
 place, and numbering them in the order in which they are sec. sis, R. s. 
 made. 
 
 393. The clerk of the Eeturns Office shall provide and J ndex es - 
 
 lune 2, 1862,c- 
 
 keep an index-book, with the names of the contracting par- 9 ^, s. 4, v. 12, p. 
 ties, and the number of each contract opposite to the names ; 
 
 ',,.,,,.,,. Sec. 614, R. S. 
 
 and shall submit the index-book and returns to any person 
 desiring to inspect it. 
 
 394. The clerk of the Eeturns Office shall furnish copies Copies of re. 
 of such returns to any person paying therefor at the rate u jne 2, 1862, c. 
 of five cents for every one hundred words, to which copies 4i2. 8 ' 4> v ' 
 certificates shall be appended in every case by the clerk Sec - 516 B ' s * 
 making the same, attesting their correctness, and that each 
 
 copy so certified is a full and complete copy of the return. 
 
CHAPTER X. 
 
 THE REVISED STATUTES 'THE STATUSES AT 
 LARGE THE ARMY REGULATIONS THE 
 ARMY REGISTER. 
 
 THE REVISED STATUTES. 
 
 Par. 
 
 395. Commissioners to revise and 
 
 consolidate the general 
 statutes of the United 
 States. 
 
 396. Duties of the commissioners. 
 
 397. Work to be submitted to 
 
 Congress. 
 
 398. Work may be printed in 
 
 parts. 
 
 399. Revision to be completed as 
 
 soon as practicable, 
 
 400. Compensation. 
 
 401. Preparation of Revised Stat- 
 
 utes for printing. Head- 
 notes. Marginal references. 
 References to judicial de- 
 cisions. Index. 
 
 402. Printed copies to be evidence. 
 
 403. Title of revision of statutes. 
 
 404. Certificate to Revised Stat- 
 
 utes. 
 
 405. Scope of Revised Statutes. 
 
 406. Repeal of acts embraced in 
 
 revision. 
 
 407. Accrued rights reserved. 
 
 408. Prosecutions and punish- 
 
 ments. 
 
 409. Acts of limitation. 
 
 410. Arrangement and classifica- 
 
 tion of sections. 
 
 411. Acts passed since December 
 
 1, 1873, not affected. 
 
 Par. 
 412. 
 
 413. 
 
 414. 
 415. 
 416. 
 
 417. 
 418. 
 
 419. 
 420. 
 
 421. 
 
 422. 
 423. 
 424. 
 425. 
 ' 426. 
 
 427. 
 
 428. 
 
 Commissioner to prepare new 
 edition of Revised Statutes. 
 
 Duty of Commissioner. 
 Amendments. References. 
 Revision of indexes. 
 
 Additional matter to be in- 
 cluded. 
 
 When to be completed. To 
 be legal evidence. 
 
 New edition of Revised Stat- 
 utes to be prima facie evi- 
 dence. 
 
 Supplement to Revised Stat- 
 utes. 
 
 Editing and preparing Sup- 
 plement. 
 
 To be prima facie evidence. 
 
 Supplement of 1891 to Re- 
 vised Statutes. (Vol.1.) 
 
 Distribution of supplement 
 of 1891. 
 
 To be prima facie evidence. 
 
 Supplement of 1895. (Vol.11.) 
 
 Statutes at Large. 
 
 Printing and binding. 
 
 Distribution of pamphlet 
 copies of acts of each ses- 
 sion. 
 
 Preparation of laws of each 
 Congress. 
 
 Printed copies to be legal 
 evidence. 
 
 1 The Revised Statutes must be accepted as the law on the subjects which they 
 embrace as it existed on the first day of December, 1873, and were enacted to present 
 the entire body of the lawa in a concise and compact form. When the language 
 of the Revised Statutes is plain and unambiguous, the grammatical structure simple 
 and accurate, and the meaning of the whole intelligible and obvious, a court is not 
 at liberty, by construction, to reproduce the law as it stood before the revision, 
 U. S. v. Bowen, 100 U. S., 508. See also Wright v. U, S., 15 C. Cla, R., 80, 86. 
 
 134 ' 
 
THE MILITARY LAWS OF THE UNITED STATES. 135 
 
 395. That the President of the United States be, and he 
 is hereby, authorized, by and with the advice and consent 
 
 of the Senate, to appoint three persons, learned in the law, the united 
 
 m States. 
 
 as commissioners, to revise, simplify, arrange, and consoli- June27,i86,v. 
 date all statutes of the United States, general and perma- 
 nent in their nature, which shall be in force at the time 
 such commissioners may make the final report of their 
 doings. Act of June 27, 1866 (14 Stat. L., 74). 
 
 396. That, in performing this duty, the commissioners Duties of the 
 
 commissioners. 
 
 shall bring together all statutes and parts of statutes sec.2,iMd. 
 which, from similarity of subject, ought to be brought 
 together, omitting redundant or obsolete enactments, and 
 making such alterations as may be necessary to reconcile 
 the contradictions, supply the omissions, and amend the 
 imperfections of the original text; and they shall arrange 
 the same under titles, chapters, and sections, or other suit- 
 able divisions and subdivisions, with head-notes briefly 
 expressive of the matter contained in such divisions ; also 
 with side-notes, so drawn as to point to the contents of the 
 text, and with references to the original text from which 
 each section is compiled, and to the decisions of the Federal 
 courts, explaining or expounding the same, and also to 
 such decisions of the State courts as they may deem expedi- 
 ent ; and they shall provide by a temporary index, or other 
 expedient means, for an easy reference to every portion of 
 their report. Sec. 2, ibid. 
 
 397. That when the commissioners have completed the work to be 
 revision and consolidation of the statutes, as aforesaid, congress? e< 
 they shall cause a copy of the same, in print, to be sub- Sec * 3l * 6td> 
 rnitted to Congress, that the statutes so revised and con- 
 solidated may be re-enacted, if Congress shall so determine; 
 
 and at the same time they shall also suggest to Congress 
 such contradictions, omissions, and imperfections as may 
 appear in the original text, with the mode in whch they 
 have reconciled, supplied, and amended the same; and they 
 may also designate such statutes or parts of statutes as, in 
 their judgment, ought to be repealed, with their reasons for 
 such repeal. Sec. 5, ibid. 
 
 398. That the commissioners shall be authorized to cause work may be 
 their work to be printed in parts, so fast as it may be ready p "ec%, i&i5 ar * 
 for the press, and to distribute copies of the same to mem- 
 
 bers of Congress, and to such other persons, in limited 
 numbers, as they may see fit, for the purpose of obtaining 
 their suggestions; and they shall, from time to time, report 
 to Congress their progress and doings. Sec. 4, ibid. 
 
 399. That the statutes so revised and consolidated shall Revision to be 
 be reported to Congress as soon as practicable, and the as^?ac 
 whole work closed without unnecessary delay. Sec. 5, ibid. Sec * 5 ' * Md ' 
 
136 THE MILITARY LAWS OF THE UNITED STATES. 
 
 compensation. 4QO. That the commissioners shall each receive as com. 
 
 Sec. 6, t&td. 
 
 pensation for his services at the rate of five thousand 
 dollars a year for three years, with the reasonable expenses 
 of clerical service and other incidental matters, not to 
 exceed two thousand dollars annually for such expenses. 1 
 Sec. 6, ibid. 
 
 FIRST EDITION OF THE REVISED STATUTES. 
 
 Preparation of 401. That the Secretary of State is hereby charged with 
 
 Revised Statutes . . 
 
 for printing, etc. the duty of causing to be prepared for printing, publica- 
 
 '. tion and distribution the revised statutes of the United 
 States enacted at this present session of Congress: that 
 Head notes. ne shall cause to be completed the head notes of the several 
 Marginal refer- titles and chapters and the marginal notes referring to the 
 
 ences to original 
 
 statutes. statutes from which each section was compiled and repealed 
 
 y said revision; and references to the decisions of the 
 courts of the United States explaining or expounding the 
 same, and such decisions of State courts as he may deem 
 
 index. expedient, with a full and complete index to the same. 
 
 promulgation. 4Q2. And when the same shall be completed, the said 
 Secretary shall duly certify the same under the seal of the 
 the United States, and when printed and promulgated as 
 to^evldence! 68 nereinafter provided, the printed volumes shall be legal 
 evidence of the laws and treaties therein contained, in all 
 the courts of the United States, and of the several States 
 and Territories. 2 Sec. 2, act of June 20, 1874 (18 Stat. L., 113}. 
 
 Title of revi- 403. That the revision of the statutes of a general and 
 
 sion of statutes. 
 
 sec. 3, ibid, permanent nature, with the index thereto, shall be printed 
 in one volume, and shall be entitled and labeled " Revised 
 Statutes of the United States;" and the revision of the 
 statutes relating to the District of Columbia; to post- 
 roads, and the public treaties in force on the first day of 
 December, one thousand eight hundred and seventy-three, 
 with a suitable index to each, shall be published in a 
 separate volume, and entitled and labeled " Revised Stat- 
 utes relating to District of Columbia and Post-Roads. 
 Public Treaties." Sec. 5, ibid. 
 
 1 The act of June 27, 1866 (14 Stat. L., 74), was revised by the act of May 4, 1870 
 (16 Stat. L., 96), which authorized the President to appoint three commissioners to 
 prosecute and complete the work prescribed by that statute. The work of revision 
 was to be completed within three years from the date of passage of the act (May 4, 
 1870). The act of March 3, 1873 (17 Stat. L., 579), authorized the appointment of a 
 joint committee of Congress to accept the draft of the revision of laws, so far as the 
 same was completed at the expiration of the time designated for that purpose 
 (May 4, 1873). The same statute authorized the existing joint committee to con- 
 tract with some suitable person or persons to prepare a revision of the statutes, 
 already reported by the commissioners, in the form of a bill to be presented at the 
 opening of the Forty-third Congress. The publication of the first edition of the 
 Revised Statutes was authorized by the act of June 20, 1874 (18 Stat. L., 113) ; 
 pp. 401-403, post. 
 
 2 The first edition of the Revised Statutes is a transcript of the original in the 
 State Department. It is prima facie evidence of the law, but the original is the only 
 conclusive evidence of the exact text of the law. Wright v. U. S., 15 C. Cls. R.,80,87. 
 
THE MILITARY LAWS OF THE UNITED STATES. 137 
 
 404. That the certificate to the printed volume of ^BSjJfSj^yJ? 
 revised statutes of the United States required by section utes. 
 
 JJC. o t 1874, V 
 
 two of "An act providing for publication of the revised is, P. 293. 
 statutes and laws of the United States," approved June 
 twentieth, eighteen hundred and seventy- four, shall be 
 made by the Secretary of State under the seal of the 
 Department of State, and so much of said section as pro- 
 vides that such certificate shall be under the seal of the 
 United States, is hereby repealed. Act of December 8, 
 1874 (18 Stat. L., 293}. 
 
 SCOPE OF THE REVISED STATUTES AND REPEAL 
 PROVISIONS. 
 
 405. The foregoing seventy- three titles embrace the stat- Scope of Re- 
 
 /> 1 1 T-T , -i c- T j_ j_i vised Statues. 
 
 utes of the United States general and permanent in their 
 nature, in force on the first day of December one thousand 
 eight hundred and seventy-three, as revised and consoli- 
 dated by commissioners appointed under an act of Con- 
 gress, and the same shall be designated and cited, as The 
 Kevised Statutes of the United States. 1 
 
 406. All acts of Congress passed prior to said first day Repeal of acts 
 
 of December one thousand eight hundred and seventy- 
 
 
 three, any portion of which is embraced in any section of sec.6596,n.s. 
 
 said revision, are hereby repealed, and the section appli- 
 
 cable thereto shall be in force in lieu thereof; all parts of 
 
 such acts not contained in such revision, having been 
 
 repealed or superseded by subsequent acts, or not being 
 
 general and permanent in their nature : Provided, That the 
 
 incorporation into said revision of any general and perma- 
 
 nent provision, taken from an act making appropriations, 
 
 or from an act containing other provisions of a private, 
 
 local, or temporary character, shall not repeal, or in any 
 
 way aifect any appropriation, or any provision of a private, 
 
 local, or temporary character, contained in any of said acts, 
 
 but the same shall remain in force; and all acts of Con- 
 
 gress passed prior to said last-named day no part of which 
 
 are embraced in said revision, shall not be affected or 
 
 changed by its enactment. 
 
 407. The repeal of the several acts embraced in said revi- Accrued rights 
 sion, shall not affect any act done, or any right accruing Te 
 
 W r^Q7 U. SI 
 
 or accrued, or any suit or proceeding had or commenced in 
 any civil cause before the said repeal, but all rights and 
 liabilities under said acts shall continue, and may be 
 enforced in the same manner, as if said repeal had not been 
 
 'The Revised Statutes are an act of Congress. The enactment was approved and 
 became the law on June 22, 1874. Wright v. U. S., 15 C. Cls. R., 80. In case of 
 doubt, ambiguity, or uncertainty the previous statutes may be referred to. Ibid. 
 See also Bowen v. U. S., 100 TJ. S., 508. U. S. v. Bowen, 100 U. S. ,508 ; Bate Refrigerat- 
 ing Co. v. Sulzberger, 157 U. S., 1. 
 
138 THE MILITARY LAWS OP THE UNITED STATES. 
 
 made; nor shall said repeal, in any manner affect the right 
 to any office, or change the term or tenure thereof. 
 
 408. All offenses committed, and all penalties or forfeit- 
 ures i ncurre d under any statute embraced in said revision 
 
 sec. 5598, R.s.p r j or j- o g^ re peal, maybe prosecuted and punished in 
 the same manner and with the same effect, as if said 
 repeal had not been made. 
 
 Acts of nmita- 09. ^11 acts of limitation, whether applicable to civil 
 
 sec 5599 B s causes an( ^ proceedings, or to the prosecution of offenses, 
 or for the recovery of penalties or forfeitures, embraced 
 in said revision and covered by said repeal, shall not be 
 affected thereby, but all suits, proceedings or prosecutions, 
 whether civil or criminal, for causes arising, or acts done 
 or committed prior to said repeal, may be commenced and 
 prosecuted within the same time as if said repeal had not 
 been made. 
 
 Arrangement 410. The arrangement and classification of the several 
 
 and classification "" -. i /. ,, 
 
 of sections. sections of the revision have been made for the purpose of 
 
 sec. 5600, R.S. a more convenient and orderly arrangement of the same, 
 
 and therefore no inference or presumption of a legislative 
 
 construction is to be drawn by reason of the Title, under 
 
 which any particular section is placed. 
 
 Acts passed 411. The enactment of the said revision is not to affect 
 not affected. ' or repeal any act of Congress passed since the 1st day of 
 84, v. is, 'p. 329- December one thousand eight hundred aud seventy-three, 
 
 Mar. 3,1875,0.130, , ,, , . . , . , 
 
 s. 9, v. is, p. 401. and all acts passed since that date are to have full effect 
 sec.66oi,B.s. as if passed after the enactment of this revision, and so 
 far as such acts vary from, or conflict with any provision 
 contained in said revision, they are to have effect as sub- 
 sequent statutes, and as repealing any portion of the 
 revision inconsistent therewith. 
 
 SECOND EDITION OF THE REVISED STATUTES. 
 
 EDITION OF 1878. 
 
 412. That the President of the United States be, and he 
 hereby, authorized to appoint, by and with the advice 
 9jp?268.' 187?I v> and consent of the Senate, one person, learned in the law, 
 as a commissioner, for the purpose of preparing and pub- 
 lishing a new edition of the first volume of the Eevised 
 Statutes of the United States. 1 Act of March 2, 1877 (19 
 Stat. ., 268). 
 
 sfoner f c m " 413< That in performing this duty, said commissioner shall 
 sec. 2, ibid. b e required to incorporate into the text of the Eevised 
 
 1 The second edition of the Revised Statutes is only a new publication ; a compila- 
 tion, containing the original law with specific amendments incorporated therein 
 according to the judgment of the editor. Wright >. U. S., 15 C. Cls. R., 80. The 
 Revised Statutes did not affect statutes passed between December 1. 1873, and June 
 22, 1874. See note 1 to paragraph 405 ante. 
 
THE MILITARY LAWS OP THE UNITED STATES. 
 
 139 
 
 References. 
 
 Re vision of in- 
 
 Statutes as published in the year anno Domini eighteen 
 
 hundred and seventy-five, under the act of June twentieth, 
 
 eighteen hundred and seventy-four, all the amendments Amendments. 
 
 which have been made in the revision so published since 
 
 the first day of December, eighteen hundred and seventy 
 
 three, and all that shall be made up to the close of the 
 
 present session of Congress, with marginal references to 
 
 such amendatory acts, and to all the decisions of the sev 
 
 eral courts of the United States, (as far as the same may 
 
 have been published,) which may have been made sub 
 
 sequent to those already cited in the margin of the present 
 
 revision, and may include also citations to such -judicial 
 
 decisions of the various State courts as he may deem 
 
 important; and he shall also make marginal references to 
 
 the various statutes passed by Congress since the first day 
 
 of December, eighteen hundred and seventy -three, not 
 
 expressly therein declared to be amendments to the Revised 
 
 Statutes, but which, in the opinion of said commissioner, 
 
 may in any manner affect or modify any of the provisions 
 
 of the said Revised Statutes, or any of the amendments 
 
 thereto, indicating in such marginal notes by a difference 
 
 in type the references to statutes of this kind, and he shall 
 
 revise the indexes and incorporate therein references to the 
 
 additions herein required. Sec. 2, ibid. 
 
 414. That there shall also be included in said edition the Addi tionai 
 
 matter to be m- 
 
 Articles of Confederation, the Declaration of our National cinded. 
 
 Sec. 3, ibid. 
 
 Independence, the Ordinance of seventeen hundred and 
 eighty-seven for the government of the Northwestern 
 Territory, the Constitution of the United States, with foot 
 notes referring to decisions of the federal courts thereon, 
 the "Act to provide for the revision and consolidation of 
 the statute laws of the United States," approved June 
 twenty-seventh, eighteen hundred and sixty-six, and the 
 "Act providing for publication of the Revised Statutes and 
 the laws of the United States," approved June twentieth, 
 eighteen hundred and seventy-four, as well as the present 
 act. Sec. 3, ibid. 
 
 415, That said new edition shall be completed in manu- 
 script by said commissioner by the first day of January 
 anno Domini eighteen hundred and seventy- eight, and by 
 him presented to the Secretary of State for his examina- 
 tion and approval, who is hereby required to examine and 
 compare the same as amended, with all the amendatory 
 
 acts, and, within two months after having been submitted 20^27 9l 18?8 ' v< 
 to him, and when the same shall be completed, the said 
 Secretary shall duly certify the same" under the seal of the 
 Secretary of State, and when printed and promulgated as 
 
 When t o 
 completed. 
 
 be 
 
140 THE MILITARY LAWS OF THE UNITED STATES. 
 
 ience belegalevi herein provided the printed volume shall be legal evidence 
 of the laws therein contained, in all the courts of the United 
 States, and of the several States and Territories, but shall not 
 preclude reference to, nor control, in any case of discrepancy, 
 the effect of any original act as passed by Congress since the 
 firstdayof December, eighteen hundred and seventy-three, 
 and said Secretary shall cause fifteen thousand copies of 
 the same to be printed and bound at the Government 
 Printing Office, under the supervision of said commissioner, 
 at the expense of the United States, and without unneces- 
 Mar. 9 1878. v sary delay, Sec. 4, ibid. 
 New edition of 416 That an act entitled u An act to provide for the 
 
 Revised Statutes . , . _ . , 
 
 to be prima facie preparation and publication of a new edition of the Revised 
 * V Ma? C 9, 1878, v. Statutes of the United States," approved March second, 
 ?o, p. 27. eighteen hundred and seventy- seven, be, and the same is 
 
 * Under the authority conferred by this statute tbe Hon . George S Boutwell was 
 appointed a commissioner to prepare tbe new edition The following extract from 
 the preface to tbe second edition of tbe .Revised Statutes will explain its scope 
 
 By an act of Congress approved March 2 1877 (v. 19, c 82, p 208). authority was 
 given for tbe appointment by the President of a commissioner, whose duty it should 
 be to prepare and publish, subject to the examination and approval of the Secretary 
 of State, a new edition of the first volume of the Revised Statutes of the Dnited 
 States. 
 
 The jurisdiction of the commissioner was defined and limited by the statute He 
 was directed to incorporate into the text of the first edition of the statutes all the 
 amendments made since the first day of December, eighteen hundred and seventy 
 three, including those made by the Forty fourth Congress, with marginal references 
 to the acts of amendment and to the decisions of the several courts of the Dnited 
 States, with like references to all the statutes passed in the same period, which, in 
 the opinion of the commissioner, might in any manner aflect or modify any of the 
 provisions of the first edition of the Revised Statutes. 
 
 He was also directed to include in the new edition the Articles of Confederation, the 
 Declaration of our National Independence, the Ordinance of Seventeen hundred and 
 eighty-seven for the Government of the Northwestern Territory, and the Constitu 
 tion of the United States, with footnotes referring to the decisions of the Federal 
 courts thereon. These papers were not printed with the first edition of the statutes. 
 
 This edition is not in any proper sense a new revision of the statutes of tbe Dnited 
 States. The commissioner was not clothed with power to change thesubstance or to 
 alter the language of the existing edition of the Revised Statutes, nor could he cor 
 rect any errors or supply any omissions therein except as authorized by the several 
 statutes of amendment. Of specific amendments there are, however, several bun 
 dred, which tiave been incorporated with the text Tbe portions of tbe statutes re 
 pealed are printed in italics and included in brackets and the new matter introduced 
 is printed in the ordinary roman letter and also included in brackets 
 
 So much of tbe work as arJects tbe text of the present edition has been examined, 
 under the direction of the Hon William M. Evarts, Secretary of State by Bon 
 Charles P James one of tbe commissioners by whom the first edition of tbe Revised 
 Statutes was prepared. 
 
 The acts of Congress passed since the first edition of the Revised Statutes was 
 issued, and affecting the text thereof, are referred to in the margin of the respec 
 tive sections so affected. 
 
 In this edition full and, it is believed, complete notes of reference to tbe opinions 
 of tbe Supreme Court of the Dnited States will be lound under tbe several para 
 graphs of the Constitution to which tbe opinions respectively relate and reference 
 is also made to the small number of decisions which interpret or in any manner 
 touch the Ordinance for the Government of the Northwestern Territory 
 
 The appendix contains tbe various statutes which provide for or relate to the 
 "revision and consolidation of the statute laws of the Dnited States,' and also a 
 cross index bv which the various provisions of the Revised Statutes may be traced 
 to the original enactments in the Statutes at Large. 
 
 In the preparation of the index I have bad tbe best assistance which I could com 
 mand, and no labor has been avoided that could contribute in the least to the per 
 fectnessof tbe work. While it is not probable that the end sought has been attained 
 I indulge the hope that the character of the index may. in some reasonable degree. 
 meet the expectation of Congress, the executive officers of the Government, the 
 judiciary, and the profession generally 
 
 The analytical index to the Constitution was prepared by W J McDonald, esq. 
 late Chief Clerk of the Dnited States Senate. 
 
 Tbe historical notes to the Declaration of Independence the Articles of Confed 
 eration, and tbe Constitution are taken from a work entitled " The Organic Laws of 
 tbe Duited States of America, prepared by Mj. Ben: Perley Poore, and printed 
 by authority of Congress. 
 
THE MILITARY LAWS OF THE UNITED STATES. 141 
 
 hereby, amended as follows, to wit: By striking out from 
 the ninth and tenth lines of section four [par. 415 supra] 
 as published in the nineteenth volume of the Statutes at 
 Large, the words "and conclusive"; and, in the tenth line, 
 the words " and treaties"; and, by inserting after the word 
 " Territories" at the end of the eleventh line, the following 
 words, to wit : "but shall not preclude reference to, nor con- 
 trol, in case of any discrepancy, the effect of any original 
 act as passed by Congress since the first day of December, 
 eighteen hundred and seventy- three." Act of March 9 7 1878 
 (20 Stat. L., 27). 
 
 SUPPLEMENTS TO THE REVISED STATUTES. 
 
 THE SUPPLEMENT OF 1881. 
 
 417. That the supplement to the Ee vised Statutes, em- Supplement to 
 bracing the statutes general and permanent in their nature utes. ev 
 passed after the Eevised Statutes with references connect- u, ''' 
 
 ing provisions on the same subject, explanatory notes, cita- v * 21 ' p ' 308< 
 tions of judicial decisions, and a general index, prepared 
 by William A. Eichardson, be stereotyped at the Govern- 
 ment Printing Office; and the index and plates thereof 
 and all right and title therein and thereto shall be in and 
 fully belong to the Government for its exclusive use and 
 benefit. Joint resolution No. 44, June 7, 1880 (21 Stat. L., 
 308). 
 
 418. That six thousand three hundred and fifty-seven Editing and 
 copies be printed, bound, and distributed as provided for the }Kent ing 8up " 
 distribution of the Eevised Statutes by the "Joint resolu- 
 tion providing for the distribution and sale of the new edi- Ibid - 
 tion of the Eevised Statutes of the United States", passed 
 May twenty-second, eighteen hundred and seventy-eight, ms, res. 22, 
 and joint resolution passed December twenty-first, eighteen St i87^'' res 251 1, 
 hundred and seventy- eight, and such additional copies, on stat> LM 20> 487> 
 the order of the Secretary of State, as may be necessary 
 from time to time, to be kept for sale in the same manner 
 and on like terms as the Eevised Statutes are required to 
 be kept for sale, and to supply deficiencies and offices 
 newly created; that for preparing and editing said supple- 
 ment, including indexing and all clerical work necessary 
 to fully complete said work, including the legislation of 
 the Forty-sixth Congress, there shall be paid to said editor 
 the sum of five thousand dollars; and each Senator and 
 Member of the present Congress who would not receive 
 
142 THE MILITARY LAWS OF THE UNITED STATES. 
 
 copies under said joint resolutions shall receive the same 
 
 number of copies as other Senators or Members receive 
 
 under the same. Ibid. 
 TO be prima 419. The publication herein authorized shall be taken to 
 
 be prima facie evidence of the laws therein contained in all 
 ibid. the courts of the United States and of the several States 
 
 and Territories therein; but shall not preclude reference 
 
 to, nor control, in case of any discrepancy, the effect of 
 Proviso. any original act as passed by Congress: Provided, That 
 
 nothing herein contained shall be construed to change or 
 
 alter any existing law. 1 Ibid. 
 
 THE SUPPLEMENT OF 1891, VOL. I. 
 
 supplement of 420. That the publication of the Supplement to the Ee- 
 
 1891 to Revised 
 
 statutes. vised Statutes, embracing the statutes general and perma- 
 
 26, P ?5o. ' v 'nent in their nature, passed after the Kevised Statutes, 
 with references connecting provisions on the same subject, 
 explanatory notes, and citations of judicial decisions, be 
 contents. continued and issued in one volume, to include the general 
 laws of the Forty-seventh, Forty-eighth, Forty-ninth, Fif- 
 tieth, and Fifty-first Congresses, with a table of alterations 
 and a general index to the whole, to be prepared and edited 
 by the editor of the existing Supplement, authorized by the 
 joint resolution of June twenty-eighth, eighteen hundred 
 and eighty, numbered forty-four (Supplement to Ee vised 
 Statutes, page five hundred and eighty-two), to be stereo- 
 typed at the Government Printing Office, using the present 
 plates, as far as practicable, with such alterations as may 
 be found necessary, the work and plates and all right and 
 title therein and thereto to be in and fully belong to the 
 Government for its exclusive use and benefit. Act of April 
 9, 1890 (26 Stat. L., 50}. 
 
 Distribution of 421. That a sufficient number of copies be printed and 
 ISM? ' bound for distribution, and to be distributed to members 
 of Congress for themselves, and for distribution by them, 
 to the departments, libraries, public officers, and others, 
 the same number to each as heretofore provided by Con- 
 gress for the distribution of the Eevised Statutes of the 
 United States, and the same number to the editor as to a 
 member of Congress and such additional copies on the 
 order of the Secretary of State as may be necessary from 
 time to time to supply deficiencies and offices newly 
 sale. created, and for keeping for sale in the same manner and 
 
 1 Under this resolution a supplement was published in 1881, entitled volume 1. It 
 was then supposed that other volumes would be authorized, from time to time, by 
 subsequent legislation. This proved not to be the case, as the act of April 9, 1890 
 (paragraph 420, post), provided for the continuation of the publication to be issued in 
 one volume and to embrace the general laws passed subsequent to the issue of the 
 Eevised Statutes and including those of the Forty-seventh, Forty-eighth, Forty- 
 ninth, Fiftieth, and Fifty-first Congresses. See note 2 to paragraph 423 post. 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 143 
 
 like terms as the Revised Statutes are required to be kept 
 for sale. For preparing and editing said Supplement, in- 
 cluding the legislation of the Fifty- first Congress, and the 
 indexing and all clerical work necessary to fully complete 
 the same, there shall be paid to said editor the sum of six 
 thousand dollars. Sec. 5, ibid. 
 
 422, That the publication herein authorized shall beyjjjjj! 
 taken to be prima facie evidence of the laws therein con- Sec - 3 > iMd - 
 taiiied, but shall not change nor alter any existing law, nor 
 preclude reference to nor control in case of any discrep- 
 ancy, the effect of any original act passed by Congress. 1 
 
 Sec. 3, ibid. 
 
 THE SUPPLEMENT OF 1895, VOL. IT. 
 
 423. That the publication of the Supplement to the 
 Revised Statutes of the United States shall be further 
 continued under the editorial charge of the editor of the 
 existing Supplement and his assistants. 2 Act of February 
 27, 1893 (27 Stat. L., 477}. 
 
 THE STATUTES AT LARGE. 3 
 
 27 1< p et i 7 2 7 7 1893> Vl 
 
 424. That the Secretary of State shall cause the statutes T statutes 
 
 ** Large. 
 
 at 
 
 at large enacted by each Congress, which shall be edited 
 
 and printed pursuant to the provisions of section seven of s. 9. Mar. 3, 
 
 the act entitled "An act for publication of the Revised 
 
 Statutes and the laws of the United States," approved 
 
 June twentieth, eighteen hundred and seventy- four, to be. 
 
 'The volume published in conformity to the authority herein conferred was pub- 
 lished in 1891, and is entitled "Vol. I, Supplement to the Revised Statutes of the 
 United States Second Edition. 1874-1891, ' and supersedes the volume published 
 under the authority conferred by the joint resolution, No. 44 of June 7 1880 (21 
 Stat. L.. 308). 
 
 'Under the authority conferred by this statute a second volume of the Supple- 
 ment was published in 1895. It contains all general legislation of the Fifty-second 
 and Fifty-third Congresses between January 22. 1892, and March 2, 1895. 
 
 8 Table showing the period covered by each of the twenty -seven volumes of the Statutes 
 
 at Large 
 
 Stat. L. 
 
 Period. 
 
 Stat. L. 
 
 Period. 
 
 From 
 
 To 
 
 From 
 
 To- 
 
 Vol. 1 . 
 2. 
 3 . 
 4. 
 5 . 
 6a 
 7& 
 
 Mar. 4 1789 
 Dec. 2, 1799 
 May 29, 1813 
 Dec. 1.1823 
 Dec. 7 1835 
 Mar. 4,1789 
 
 Mar. 3, 1799 
 Mar. 3 1813 
 Mar. 3 1823 
 Mar. 31835 
 Mar. 3 1845 
 Mar. 3,1845 
 
 Vol. 15 . 
 16. 
 17. 
 18. 
 19 
 20 
 21 
 22 
 23 
 24 
 25. 
 26 
 27 
 
 Mar. 4,1867 
 Mar. 4,1869 
 Mar. 4 1871 
 Dec. 1 1873 
 Dec. 6 1875 
 Oct. 15,1877 
 Mar. 18,1879 
 Dec. 5, 1881 
 Dec. 3 1883 
 Dec. 7. 1885 
 Dec. 5 1887 
 Dec. 2 1889 
 Dec. 7 1891 
 
 Mar. 4, 1869 
 Mar. , 1871 
 Mar , 1873 
 Mar , 1875 
 Mar , 1877 
 Mar. , 1879 
 Mar , 1881 
 Mar 3 1883 
 Mar 3 1885 
 Mar. 3 1887 
 Mar. 2, 1889 
 Mar 3 1891 
 Mar 3, 1893 
 
 8c 
 
 
 
 9. 
 10. 
 11. 
 12. 
 13. 
 14. 
 
 Dec. 1 1845 
 Dec. 1,1851 
 Dec. 3, 1855 
 Dec. 5 1859 
 Dec. 7. 1863 
 Dec. 4, 1865 
 
 Mar. 3,1851 
 Mar. 3 1855 
 Mar. 3,1859 
 Mar. 4 1863 
 Mar. 4 1865 
 Mar. 4, 1867 
 
 a Private laws Indian treaties 
 
 c European treaties, with general Index to vols. 1-8, inclusive, Statutes at Large. 
 
144 THE MILITARY LAWS OF THE UNITED STATES. 
 
 stereotyped and offered for sale in the same manner and on 
 the same terms as is provided in and by section nine of 
 said act herein mentioned in respect to the laws of each 
 session of Congress. That the provisions of section two 
 of the act entitled "An act providing for the distribution 
 of the Revised Statutes," approved February eighteenth, 
 eighteen hundred and seventy-five, shall apply to the stat- 
 utes at large enacted by each Congress and to the laws 0$ 
 each session of Congress, to be published pursuant to said 
 act of June twentieth, eighteen hundred and seventy- four, 
 in the same manner as if specially mentioned therein. Sec.9 9 
 act of March 5, 1875 (18 Stat. L., 401}. 
 
 bindiH ting * nd ^^* That tne Congressional Printer be, and he is hereby 
 directed, in causing to be printed and bound an edition of 
 the Jaws at the close of the session for the use of the Senate 
 and the House of Representatives, to print the same from 
 the stereotype plates of the edition prepared under the di 
 rection of the Department of State, with the index thereof; 
 and so much of the act entitled "An act to expedite and 
 regulate the printing of public documents, and for other 
 purposes," approved June twenty fifth, eighteen hundred 
 and sixty-four, as requires the preparation of an alphabet- 
 ical index, under the direction of the Joint Committee on 
 Printing, be and the same is hereby, repealed. Ibid. 
 Distribution of 426 That at the close of every session of Congress the 
 
 of "cts of c each Secretary of State shall cause to be distributed pamphlet 
 
 sec. 6, June 20, copies of the acts and resolves of Congress for that session, 
 edited and printed in the manner aforesaid, as follows: To 
 the President and Vice- President of the United States, two 
 copies each ; to each Senator, Representative, and Delegate 
 in Congress, one copy; to the librarian of the Senate, for 
 the use of Senators, one hundred and twenty-six copies; to 
 the librarian of the House, two hundred and fifty copies, 
 for the use of the Representatives and Delegates; to the 
 Library of Congress, fourteen copies; to the Department of 
 State, including those for the use of legations and consu- 
 lates, six hundred copies; to the Treasury Department, two 
 hundred copies; to the War Department, including those 
 for the use of officers of the Army, two hundred copies; to 
 the Navy Department, including those for the use of offi- 
 cers of the Navy, one hundred copies; to the Department 
 of the Interior, including those for the use of the surveyors- 
 general and registers and receivers of public land offices, 
 two hundred and fifty copies; to the Post-Office Depart- 
 ment, fifty copies; to the Department of Justice, including 
 those for the use of the chief and associate justices, the 
 judges and the officers of the United States and territorial 
 
THE MILITARY LAWS OF THE UNITED STATES. 145 
 
 courts, four hundred and twenty-five copies ; to the Depart- 
 ment of Agriculture, ten copies; to the Smithsonian Insti- 
 tution, five copies; to the Government Printing Office, two 
 copies; to the governors and secretaries of Territories, one 
 copy each ; to be retained in the custody of the Secretary of 
 State, one thousand copies; and ten thousand copies shall 
 be distributed to the States and Territories in proportion 
 to the number of Senators, Eepresentatives, and Delegates 
 in Congress to which they are at the time entitled. Sec. 6, 
 act of June 20, 1874 (18 Stat. L., 113). 
 
 427. That after the close of each Congress the Secretary Preparation 
 of State shall have edited, printed and bound a sufficient each congress. 
 number of the volumes containing the Statutes at Large 
 enacted by that Congress to enable him to distribute copies, 
 or as many thereof as may be needed, as follows: To the 
 President of the United States, four copies, one of which 
 shall be for the library of the Executive Mansion, and one 
 copy shall be for the use of the Commissioner of Public 
 Buildings; to the Vice President of the United States, one 
 copy; to each Senator, Eepreseutative, and Delegate in 
 Congress, one copy; to the librarian of the Senate, for the 
 use of Senators, one hundred and fourteen copies ; to the 
 librarian of the House, for the use of Representatives and 
 Delegates, four hundred and ten copies; to the Library of 
 Congress, fourteen copies, including four copies for the law 
 library; to the Department of State, including those for 
 the use of legations and consulates, three hundred and 
 eighty copies; to the Treasury Department, including those 
 for the use of officers of customs, two hundred and sixty 
 copies; to the War Department, including a copy for the 
 Military Academy at West Point, fifty copies; to the Navy 
 Department, including a copy for the library at the Naval 
 Academy at Annapolis, a copy for the library of each 
 navy-yard in the United States, a copy for the library of 
 the Brooklyn Naval Lyceum, and a copy for the library 
 of the Naval Institute at Charlestown, Massachusetts, 
 sixty-five copies; to the Department of the Interior, in- 
 cluding those for the use of the surveyors- general and 
 registers and receivers of public land-offices, two hundred 
 and fifty copies; to the Post-Office Department, fifty copies; 
 to the Department of Justice, including those for the use 
 of the chief and associate justices, the judges and the 
 officers of the United States and territorial courts, four 
 hundred and twenty-five copies; to the Department of 
 Agriculture, five copies; to the Smithsonian Institution, 
 two copies; to the Government Printing- Office, one copy; 
 1919 10 
 
146 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Printed copies 
 to be evidence. 
 
 and the Secretary of State, shall supply deficiencies and 
 offices newly created. Sec. 7, ibid. 
 
 428. That the said printed copies of the said acts of each 
 session and of the said bound copies of the acts of each Con- 
 gress shall be legal evidence of the laws and treaties therein 
 contained, in all the courts of the United States and of the 
 several States therein. Sec. 8, ibid. 
 
 ARMY REGULATIONS. 
 
 Par. 
 
 429. President authorized to make 
 
 and publish regulations for 
 
 the Army. 
 
 Par. 
 
 430. Secretary of War to cause all 
 regulations now in force to 
 be codified and published 
 to the Army. 
 
 President au- 429. That so much of the act approved July 15, 1870, 
 
 thonzed to make 
 
 and publish reg- entitled "An act making appropriations lor the support of 
 limy. s e the Army for the year ending June 30, 1871. and for other 
 
 Mar. 1, 1875, v. ,, . . ' 
 
 is, p. 337. purposes" as requires the system of General ^Regulations 
 
 for the Army therein authorised to be reported to Congress 
 at its next session, and approved by that body be, and the 
 same is hereby repealed; and the President is hereby 
 authorised, under said section, to make and publish regu- 
 lations for the government of the Army in accordance with 
 existing laws. 1 Act of March 1, 1875 (18 Stat. L., 337). 
 
 1 The Army Kegulations derive their force from the power of the President as Com- 
 mander in Chief, and are binding upon all within the sphere of his legal and consti- 
 tutional authority. Kurtz v. Moffatt, 115 U. S., 487, 503; U. S. v. Eliason, 16 Pet., 
 291; U. S. v. Freeman, 3 How., 556. The power of the Executive to establish rules 
 and regulations for the government of the Army is undoubted. The power to estab- 
 lish implies, necessarily, the power to modify or repeal, or to create anew. The 
 Secretary of War is the regular, constitutional organ of the President for the 
 administration of the military establishment of the nation, and orders publicly 
 promulgated through him must be received as the act of the Executive and, as 
 such, be binding upon all within the sphere of his legal or constitutional authority. 
 Such regulations can not be questioned or defied because they may be thought unwise, 
 or mistaken. U. S. v. Eliason, 16 Pet., 291, 302. 
 
 The term regulations of an Executive Department describes rules and regulations 
 relating to subjects on which a Department acts, which are made by the head 
 under an act of Congress conferring that power, and thereby giving to such regula- 
 tions the force of law. A mere order of the President or of a Secretary is not a 
 regulation. Harvey v. TJ. S., 3 C. Cls. R., 38, 42; Dig. Opin. J. A. Gen., 166, par. 1, 
 and note 1. A "regulation " affects a class of officers; an "instruction " is a direc- 
 tion to govern the conduct of the particular officer to whom it is addressed. Lau- 
 dram v. U. S., 16 C. Cls. R., 74. The Army Regulations when sanctioned by the 
 President have the force of law, because it is done by him by the authority of law. 
 U. S. v. Freeman, 3 How., 556; Graciot v. D. S., 4 How., 80; Ex parte Reed, 100 
 U. S., 13; Smith v. U. S., 23 C. Cls. R., 452. When Congress permits regulations to 
 be formulated and published and carried into effect from year to year, the legisla- 
 tive ratification must be implied. Maddox v. U. S., 20 C. Cls. R., 193, 198. 
 
 The authority of the head of an Executive Department to issue orders, regula- 
 tions, and instructions, with the approval of the President, is subject to the condi- 
 tion, necessarily implied, that they must be consistent with the statutes which 
 have been enacted by Congress. TJ. S. v. Symonds, 120 U. S., 46, 49; U. S. v. Bishop, 
 idem., 51; Dig. Opin. J. A. Gen., 166, par. 1, note 2; par. 6, p. 168. Regulations can 
 have no retroactive effect. TJ. S. v. Davis, 132 U. S., 334. Provision of statute exists 
 by which the statute regulations of the Army may, within certain limits, be altered 
 by the Secretary of War, but there is no such provision in regard to the statute 
 regulations of the Navy. 6 Opin. Att. Gen., 10 ; 8 ibid., 337. The same discrepancy 
 exists in the military law of Great Britain. Ibid. 
 
 Regulations prescribed and framed by the Secretary of War and which are in- 
 tended for the direction a.ad government of the officers of the Army and agents of 
 the Department do not bind the Commander in Chief nor the head of the War De- 
 partment. Burns v. TJ. S., 12 Wall., 246; Smith v. TJ. S., 24 C. Cls. R., 209, 215. 
 But see Arthur v. TJ. S., 16 C. Cls. R., 422, and U. S. v. Barrows, 1 Abb., 351. 
 
 Regulations which heads of Departments are expressly authorized to make, in 
 which the public is interested, become a part of that body of public records of which 
 the courts take judicial notice. Caha v. TJ. S., 152 U. S M 211. 
 
THE MILITARY LAWS OF THE UNITED STATES. 147 
 
 430, That the Secretary of War is authorized and ^/tocaus^ an 
 directed to cause all the regulations of the Army now in regulations now 
 
 in force tobecod- 
 
 force to be codified and published to the Army, and tojfied and pub- 
 defray the expenses thereof out of the contingent fund Army. 
 of the Army. 1 Sec. 2, act of June 23, 1879 (21 Stat. L., 34). isiv 
 
 1 The Secretary of War is expressly authorized by other enactments of Congress 
 to prescribe regulations for the transportation, safe-keeping, and distribution of 
 articles of supply purchased by the Quartermaster's and Subsistence Departments 
 (sec. 219, R. S.); lor the preparation, submission, and opening of bids, act of April 10, 
 1878 (20 Stat- L., 36) ; t'or the deposit of refuse and debris from rivers that is calcu- 
 lated to interfere with navigation, act of Aug. 5, 1886 (24 Stat. L., 329) ; for the deposit 
 of refuse material beyond the harbor lines established in accordance with statutes, 
 sec. 11, act of Sept. 11, 1890 (26 Stat. L., 455) ; for the use of the channel at the mouth 
 of the Mississippi River wLich has been improved by the United States, act of 
 June 1, 1874 (18 Stat. L., 50) ; for the use and operation of canals and other works of 
 river and harbor improvement which have been purchased or constructed by the 
 United States, sec. 4, act of Aug. 17, 1894 (28 Stat. L.. 362); for the construction of 
 bridges across the navigable waters of the United States; for the use of certain 
 drawbridges, sec. 5 (ibid.); to secure a proper administrative examination of accounts 
 sent to him in accordance with the provisions of the act of July 31, 1894 (28 Stat. L., 
 211); to carry out the provisions of the act of March 29, 1894 (28 Stat. L., 47), in 
 relation to property returns, etc. 
 
 Regulations may be divided into different classes with respect to the question of 
 the power of the person making the regulation to authorize an exception to it. 
 There are, or may be, those which have received the sanction of Congress, and it is 
 evident that the Secretary of War would have no authority to make an exception to 
 one of these. There are also those that are made pursuant to and in aid of a statute. 
 These may be modified, but until this is done are binding us well on the authority 
 that mado'them as on others. U. S. v. Barrows, 1 Abbott, 351. 
 
 There is also a large body of other regulations emanating from and depending 
 solely on the authority of the President as Commander in Chief. With reference 
 to such regulations it has, I believe, been sometimes claimed that the same rule 
 should be applied to them that is applied to the regulations made pursuant to stat- 
 ute. But this has not been done in practice, and I do not think that it should be 
 done, for the reason that it would seem to be an unnecessary, embarrassing, and per- 
 haps unconstitutional limitation of the authority of the President as Commander in 
 Chief. Opin. J. A. Gen. March 5, 1896. 
 
 HISTORICAL NOTE. 
 
 The first volume of Army Regulations, using that term in the sense in which it is 
 now understood, was issued to the Army on May 1, 1813, under the authority con- 
 ferred by the act of March 3 of that year. 
 
 From March 29, 1779, until May 1, 1813, the "Regulations for the Order and Disci- 
 pline of the Troops of the United States " were in force. They were prepared by 
 Major-General Baron Steuben, the Inspector-General of the Army during the latter 
 part of the war of the Revolution, and consisted in great part of matter which 
 would now be properly termed drill regulations. The work was first printed at 
 Worcester, Mass., in 1788, and was formally approved and adopted by Congress on 
 March 29, 1779. The last edition of the Steuben regulations appeared in 1809, and it 
 continued in use as a drill book after it had ceased to have authority as a volume of 
 army regulations. In 1808 a small volume was published, apparently with the sanc- 
 tion' of the War Department, containing the Articles of War which had been enacted 
 in 1806, to which were added such military laws as were then in force. 
 
 Section 5 of the act of March 3, 1813 (2 Stat. L., 819), required the Secretary of War 
 to prepare general regulations which, "when approved by the President of the 
 United States, shall be respected and obeyed until altered or revoked by the same 
 authority." The volume of regulations issued in pursuance of this authority was 
 entitled "Military laws and rules and regulations for the armies of the United 
 States," and was approved by the President on May 1, 1813. It contained the 
 Articles of War of 1806, together with the statutes relating to the military estab- 
 lishment and a small number of regulations properly so called. Editions of this 
 work were published in 1814 and 1815, the latter, however, without the authority of 
 the War Department. 
 
 The act of April 24, 1816 (3 Stat. L., 298), provided that the "regulations in force 
 before the reduction of the Army be recognized as far as the same shall be found 
 applicable to the service, subject, however, to such alterations as the Secretary of 
 War may adopt with the approbation of the President." In accordance with this 
 legislation a volume of regulations was issued in September, 1816, and in January, 
 1820, a new edition containing the orders of the War Department issued since Sep- 
 tember, 1816. 
 
 Section 14 of the act of March 2, 1821 (3 Stat. L., 616), contained a provision that 
 "the system of regulations prepared by Major-General Scott shall be, and the same 
 are hereby, approved and adopted for the government of the Army of the United 
 States and of the militia when in the service of the United States." These regu- 
 lations were approved by President Monroe and published to the Army in July, 1821. 
 On May 7, 1822, section 14 of the act of March 2, 1821, was formally repealed, thus 
 withdrawing the legislative sanction which had been conferred by the statute above 
 cited. As to this enactment Attorney-General Wirt advised that, "notwithstanding 
 such repeal, the regulations having received the sanction of the President, continued 
 in force by the authority of the President in all cases where they did not conflict 
 with positive legislation." (1 Opin. Att. Gen., 549.) The Regulations of 1821 were 
 
148 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 THE ARMY REGISTER. 
 
 Par. Par. 
 
 431. Army Register to be fur- 433. Schedule of pay to appear. 
 
 nished annually to the 434. Volunteer rank. 
 Senate. 435. Lineal rank. 
 
 432. The same to be furnished 
 
 annually to the House of 
 Representatives. 
 
 Army Register 431. That the Secretary of War and the Secretary of the 
 annuaii^tTtheNavybe requested to furnish annually, on the first of Jan- 
 e sen e 'res. Dec. uary, each member of the Senate with a copy of the Reg- 
 ister of the officers of the Army and Navy of the United 
 States. Senate resolution, December 13, 1815. 
 
 fuSh^annu 6 432< That the Secretary of War cause to be annually laid 
 ally to the House before this House a number of copies of the printed army 
 tives. list, equal to the number of members of the House. House 
 
 Hous ores. 
 
 Feb. i, 1830. resolution, February 1 7 1830. 
 
 ! : . , . 
 
 revised under the direction of General Scott and a new edition was issued on March 
 1, 1825, which continued in force until 1835. 
 
 A volume of General Regulations, compiled under the direction of Major-Ganeral 
 Macomb, was printed and prepared for issue on September 1, 1835, but was not for- 
 mally approved and promulgated until December 31, 1836. A second edition of this 
 work, with some modifications, was issued in 1841, and a third edition, containing 
 alterations and amendments, which had been promulgated in orders or taken from 
 former volumes of regulations, was issued to the Army on May 1, 1847. 
 
 On January 1, 1857, a volume of Army Regulations, containing a number of impor- 
 tant modifications, together with a general rearrangement of paragraphs and subject 
 matter, was prepared under the direction of Secretary Davis, and published with 
 the approval of the President on January 1, 1857. This volume continued in force 
 until August 10, 1801, when it was replaced by a revised edition ; a second edition of 
 this work was issued on June 25, 1863, containing the "changes and laws affecting 
 Army Regulations and Articles of War." 
 
 The thirty-seventh section of the act of July 28, 1866 (14 Stat. L., 337), directed 
 the Secretary of War "to have prepared and to report to Congress at its next ses- 
 sion a code of regulations for the government of the Army and of the militia in 
 actual service, which shall embrace all necessary orders and forms of a general char- 
 acter for the performance of all duties incumbent on officers and men in the mili- 
 tary service, including rules for the government of courts-martial; the existing 
 regulations to remain in force until Congress shall have acted on said report." No 
 code of regulations having been submitted, Congress provided, in section 20 of the 
 actof July 15, 1870 (16 Stat. L., 319), that "the Secretary of War shall prepare a system 
 of general regulations for the administration of the affairs of the Army, which, when 
 approved by Congress, shall be in force and obeyed until altered or revoked by the 
 same authority, and said regulations shall be reported to Congress at its next session : 
 Provided, That the said regulations shall not be inconsistent with the laws of the 
 United States." 
 
 In conformity to this legislation a code of regulations, which had been prepared by a 
 board of officers of which inspector-General Marcy was the president, was submitted 
 to the House of Representatives on February 17, 1873, and was by that body referred 
 to the Committee on Military Affairs and ordered to be printed. No steps looking to 
 their adoption were taken during the remainder of the session, and the Fifty-second 
 Congress adjourned without action. The question was taken up by the Military 
 Committee of the House of Representatives in the Forty-third Congress, and the 
 proposition of adopting a code of Army Regulations was carefully considered. Tho 
 conclusion reached by the committee was that the power to make and amend or alter 
 regulations had best be left to Executive discretion. To that end a recommendation 
 was submitted, which was adopted by Congress and approved by the President on 
 March 1, 1875 (18 Stat. L., 337). This enactment repealed section 20 of the act of July 
 15, 1870, and authorized the President "to make and publish regulations for the gov- 
 ernment of the Army in accordance with existing laws." 
 
 Section 2 of the act of June 23, 1879 (21 Stat. L., 34), authorized and directed the 
 Secretary of War "to cause all the regulations now in force to bo codified and pub- 
 lished to the Army, " and provided that the expense attending the publication of 
 the work should be defrayed from the appropriation for the contingent expenses of 
 the Army for the current fiscal year. Under the authority thus conferred the Regu- 
 lations of 1881 were prepared and issued to the A.rmy, the order of promulgation bear- 
 ing date February 17, 1881. A revision and condensation of this volume was issued 
 by the Secretary of War on February 9, 1889. The Regulations now in force became 
 effective on October 31, 1895, having received Executive approval on that date. 
 
THE MILITARY LAWS OF THE UNITED STATES. 149 
 
 433. That there be annexed annually hereafter to the pa Sc ^ dule of 
 
 1 " es< 
 
 Army Register an accurate schedule of the pay and emolu 
 inents, with the commutation value thereof, to which the 
 various officers of the Army of each grade are entitled. 
 House resolution, August 30, 1842. 
 
 434. The highest volunteer rank which has been held by ra j k g t " n * e er 
 officers of the Kegular Army shall be entered, with their 
 
 i .-I -r- S0c. 1226) R. S. 
 
 names, respectively, upon the Army Eegister. 
 
 435. That in every Official Army Register hereafter et ineal rank - 
 issued the lineal rank of all officers of the line of the 
 
 Army shall be given separately for the different arms of 
 the service 5 and if the officer be promoted from the ranks, 
 or shall have served in the volunteer army, either as an 
 enlisted man or officer, his service as a private and non- 
 commissioned officer shall be given, and in addition thereto 
 the record of his service as volunteer. Sec. 2, act of June 
 18, 1878 (20 Stat. L., 149}. 
 
CHAPTER XI. 
 
 THE MILITARY ESTABLISHMENT GENERAL 
 PROVISIONS OF ORGANIZATION GENERAL 
 OFFICERS, AIDS, AND MILITARY SECRE- 
 TARIES. 
 
 OBGANIZATION. 
 
 Par. 
 
 436. Composition of the Army of 
 
 the United States. 
 
 437. Commissions not to be va- 
 
 cated. 
 
 438. Number of enlisted men. 
 
 439. Indian scouts. 
 
 Par. 
 
 440. Original number of, restored. 
 
 Allowance for horses. 
 
 441. Lieutenant-General's aids 
 
 and secretary. 
 
 442. Aids of major and brigadier 
 
 generals. 
 
 Composition of 
 the Army of the 
 United States. 
 
 Mar. 3, 1799, v. 
 l,p.752 ; July 25, 
 1866, v. 14. p. 223; 
 July 28, 1866, r, 
 14, p. 332; Mar. 3, 
 1869, v. 15, p. 318 ; 
 July 15, 1870, v. 
 16, p. 318, ch.131; 
 
 436. The Army of the United States shall consist of- 
 One General. 1 
 One Lieutenant-General. 2 
 Three major-generals. 
 
 i This grade ceased to exist at the death of Gen. P. H. Sheridan on August 5, 1888. a 
 'This grade ceased to exist, as a grade of rank on the active list of the Army, at 
 
 Mar 3, 1875, v~ 18,' the retirement of Lieutenant-General Schofield on September 29, 1895. 
 
 p. 419, ch. 142; 
 
 7Q 3 ' J T 75 ' V ' OR' a 8 office was created by section 9 of the act of March 3, 1799 (1 Stat. L., 752) , which 
 iv ; j une /o, provided that ' ' a commander of the Army of the United States shall be appointed and 
 J > v " ,'oP.A ' commissioned by the style of 'General of the armies of the United States."' No 
 ^'101 T? K'O^' appointment was made to the office thus created, and the grade was abolished, by 
 iQ7?' 10 ofi implication, by sections of the act of March 16, 1802 (2 Stat.L., 133). It was revived 
 T i ' ^f i&fl ' b y tfa e act of July 25, 1866 (14 Stat. L., 223), and recognized and continued by section 
 10 y 07 V ' 9 of the act of Jul y 28 > 1866 < u Stat - L -' 333 >- Section 6 of the act of July 15, 1870 
 
 l,p.y/. ( 16 g tat L ( 31g ) ( contained a provision, however, that "the offices of General and 
 
 no in q T i oq Lieutenant-General shall continue until a vacancy shall exist in the same, and no 
 f8^ - 91 ifi7 l n g er ; an d when such vacancy shall occur in either of said offices, immediately 
 J8t>, v.^54 p.io/; thereupon all laws and parts of laws creating said office shall become inoperative, 
 <M XQ* T on and 8na11 b .y virtue of this act from thenceforward be held to be repealed." The 
 Ton? o ?-7 offi ce ceased to exist, as a grade of military rank, at the death of Gen. W . T. Sherman, 
 1890, v ^b p.lb/; OQ Feuruary 14) 1891> T e act O f March 3, 1885 (23 Stat. L., 434), authorized the 
 27 27 V ' a PP ointment f a "General of the Army on the retired list," Ayhich was conferred 
 
 1 P' upon Gen. Ulysses S. Grant, and expired at the death of that officer on July 23, 1885. 
 
 10Q4 R By the act of June ], 1888 (25 Stat. L., 165), the grade of Lieutenant-General was 
 set.iuwt, n. . discontinued and merged in that of General of the Army, which was to continue 
 during the lifetime of the Lieutenant-General then in office, when it was to cease. 
 See note 1, supra. 
 
 Chief of staff to the General of the Army. The office of chief of staff to the Lieu- 
 tenant-General was created by the act of March 3, 1865 (13 Stat. L., 500), which 
 authorized the President to appoint a chief of staff to the Lieutenant-General of the 
 Army with the rank, pay, and emoluments of a brigadier-general in the Army. 
 Section 2 of the act of July 25, 1866 (14 Stat. L.,223j, provided for the transfer of the 
 office to the staff of the General of the Army. The office was abolished by the act 
 of April 3, 1869 (16 Stat. L., 6). 
 
 150 
 
THE MILITARY LAWS OF THE UNITED STATES. 151 
 
 Six brigadier- generals. 
 
 Five regiments of artillery. 
 
 Ten regiments of cavalry. 
 
 Twenty-five regiments of infantry. 
 
 An Adjutant-General's Department. 
 
 An Inspector-General's Department. 
 
 A Quartermaster's Department. 1 
 
 [A corps of Army service men.] 2 
 
 A Subsistence Department. 3 
 
 A Corps of Engineers. 
 
 A battalion of engineer soldiers. 
 
 An Ordnance Department. 
 
 The enlisted men of the Ordnance Department. 
 
 A Pay Department. 
 
 A Medical Department. 
 
 [A Hospital Corps.] 4 
 
 [A Signal Corps.] 5 
 
 [A Judge- Advocate-General's Department.] 
 
 [A Chief of the Record and Pension Office.] 6 
 
 Thirty post-chaplains. Four regimental chaplains. 
 
 One band, stationed at the Military Academy. 7 
 
 A force of Indian scouts, not exceeding one thousand, 
 and the professors and corps of cadets of the United States 
 Military Academy. 
 
 Provided, That when a vacancy occurs in the office of 
 General 8 or Lieutenant-General 9 such office shall cease and 
 all enactments creating or regulating such offices shall, 
 respectively, be held to be repealed. 
 
 437. None of the provisions of this Title, relating to 
 
 organization of the Army, shall be construed to vacate the July 28, is'ee, c. 
 
 299, s. 31, v. 14, p. 
 
 commission of any officer now properly in the service, or 337. 
 borne on the Army Register as an officer retired from sec. 1217, B. s. 
 active service, or to require new appointments to fill the 
 grades mentioned herein, which are now properly filled 
 according to said provisions. 
 
 1 The corps of quartermaster-sergeants added by the act of July 5, 1884. a 
 
 2 The corps of Army service men added by the act of June 20, 1890. a 
 
 3 A force of post commissary-sergeants (6) added by section 1142, .Rev. Stat. 
 
 4 The Hospital Corps added by the act of March 1, 1887, the hospital stewards 
 previously authorized being merged in the corps so created, c 
 
 The Signal Corps reorganized by act of October 1, 1890 (26 Stats. L., 653). 
 
 6 The Record and Pension Office created by the act of May 9, 1892 (27 Stat. L., 27). 
 
 'Fifteen bands were authorized by section 7 of the act of July 28, 1866 (14 Stat. 
 L., 332). By the act of March 3, 1889 (15 Stat. L., 318), they were required to be 
 honorably discharged without delay, with the exception of the band stationed at 
 the Military Academy. 
 
 "This grade ceased to exist at the death of Gen. P. H. Sheridan on August 5, 1888. 
 
 9 This grade ceased to exist, as a grade of rank on the active list of the Army, at 
 the retirement of Lieutenant-General Schofield on September 29, 1895. 
 
 a See the chapter entitled THE QUARTERMASTER'S DEPARTMENT. 
 b See the chapter entitled THE SUBSISTENCE DRPARTMENT. 
 cSee the chapter entitled THE MEDICAL DEPARTMENT. 
 
152 THE MILITARY LAWS OF THE UNITED STATES. 
 
 en- 433. There shall not be in the Array at one time more 
 
 listed men. 
 
 July is, 1870, c. than thirty thousand enlisted men. 1 
 
 294, 8. 2, v. 16, p. J 
 
 317 ; June 16, 1874, c. 285, v. 18, p. 72 ; Mar. 3, 1875, c. 133, v. 18, p. 452 ; Jul y 24, 
 . 19, p. 97; Aug. 15, 1876, c. 301, v. 19, p. 204. Sec. 1115, R. S. 
 
 1876, c. 226, v. 
 
 Indian scouts. 439 rp ne p res i(i eil t is authorized to enlist a force of In- 
 
 July 28, 18oo, c. 
 
 299, B. e, v. 14, P dians, not exceeding one thousand, who shall act as scouts 
 B in the Territories and Indian country. They shall be dis- 
 
 &OC* 1 I 1 I*.. o 
 
 charged when the necessity for their service shall cease, or 
 at the discretion of the department commander. 
 original num- 449. That so much of the Army appropriation act of 
 
 ber of, restored. 
 
 2, 1876, v. twenty-fourth July, eighteen hundred and seventy-six, as 
 limits the number of Indian scouts to three hundred is 
 hereby repealed 5 and sections ten hundred and ninety -four 
 and eleven hundred and twelve of the Revised Statutes, 
 authorizing the employment of one thousand Indian scouts, 
 are hereby continued in force : Provided, That a propor- 
 tionate number of non-commissioned officers may be ap- 
 pointed. And the scouts, when they furnish their own 
 Allowance forhorses and horse-equipments, shall be entitled to receive 
 forty cents per day for their use and risk so long as thus 
 employed. Act of August 12, 1876 (19 Stat. L., 131). 
 
 GENERAL OFFICERS, AIDS, AND MILITARY SECRETARIES. 
 
 441 - Tne Lieutenant- General may select from the Army 
 t S3e c. * wo a ids and one military secretary, who [shall] have the 
 223 - 8 ' j'uTy 14 '28' rank of lieutenant-colonel of cavalry while serving on his 
 
 1866, c. 299, s. gi 
 v. 14, p. 3 
 
 27, 1877, 
 
 v. 14, p. 333; Feb. 
 
 c. 69, v. 19, p. 241. Sec. 1097, R. S. 
 
 and i bri f a 1 di j e r 442t EaclL major-general shall have three aids, who may 
 generals. be selected by him from captains or lieutenants of the 
 
 1 The acts of June 16, 1874 (18 Stat. L., 72), March 3, 1875 (18 Stat. L., 452), July 24, 
 1876 (19 Stat. L., 97), November 21, 1877 (20 Stat. L., 2), and June )8, 1878 (20 Stat. L., 
 146), contained a provision limiting the number of enlisted men in the Army to 25,000, 
 including hospital stewards and Indian scouts. The act of June 23, 1879 (21 Stat. L., 
 30), contained the requirement that "no money appropriated by this act shall be 
 paid for recruiting the Army beyond the number of twenty-five thousand enlisted 
 men, including Indian scouts and hospital stewards ; and thereafter there shall be 
 no more than twenty-five thousand enlisted men in the Army at anyone time, unless 
 otherwise authorized by law." This provision was repeated in the acts of May 4, 
 1880 (21 Stat. L., 110), February 24, 1881 (21 Stat. L., 346), June 30, 1882 (22 Stat. L , 117), 
 March 3, 1883 (22 Stat. L., 456), Julv 5, 1884 (23 Stat. L., 107), and March 3, 1885 (23 Stat. 
 L.,357). 
 
 Sections 6 and 7 of the act of July 29, 1861 (12 Stat. L.,279), increasing the mili- 
 tary establishment, declared such increase to be for the period of the existing re- 
 bellion and, unless otherwise ordered by Congress, authorized the military estab- 
 lishment to be reduced to a number not exceeding twenty five thousand men "within 
 one year after the constitutional authority of the Government of the United States 
 shall be reestablished, and organized resistance to such authority shall no longer 
 exist." 
 
 2 The office of Lieutenant-General was created by section 5 of the act of May 28, 1798 
 (1 Stat. L.,558), but was abolished by section 9 of the act of March 3. 1799 (1 Stat. 
 TLi., 752), creating the grade of general. It was revived by joint resolution No. 9 of 
 February 15, 1855 (10 Stat. L., 723), and conferred, by brevet, on Maj. Gen. Winfield 
 Scott, and ceased to exist at the death of that officer on May 29, 3866. It was again 
 revived by the act of February 29, 1864 (13 Stat. L., 11), and recognized and con- 
 tinued by section 9 of the act oif July 28, 1866, subject to the provision embodied in 
 section 6 of the act of July 15, 1870, above cited. By joint resolution No. 9, of Feb- 
 ruary 5, 1895 (28 Stat. L., 968), the grade of lieutenant-general was revived for the 
 third time, with the proviso that " when the office had been once filled and had be- 
 come vacant, the resolution should expire and become of no effect." See note 2 to 
 paragraph 506, ante. 
 
THE MILITARY LAWS OF THE UNITED STATES. 153 
 
 Army, and each brigadier-general shall have two aids, who 2/ u 8 ly 3 21 v 1861 ' c ' 
 may be selected by him from lieutenants of the Army. 128 ; July 2?] 
 
 looo, c. 299, 8. 9, 
 v. 14, p. 333. 
 
 1 A major- general is allowed by law three aids, to be taken from capt;dns or lieu- 
 tenants of the Army. A brigadier-general is allowed two, to be taken from the Sec. 1098, B. S. 
 lieutenants of the Army. An officer assigned to duty in accordance with his brevet 
 rank as major-general or brigadier-general may, with the special sanction of the 
 War Department, be allowed the aids of the grade. General officers may select 
 their aids from officers serving in their commands, subject to the restrictions herein 
 prescribed, but appointments as aids of officers serving without such limits must 
 receive the approval of the Secretary of War. An officer will be appointed aid to a 
 general officer only after he shall have actually served with troops for at least three 
 of the five years immediately preceding such appointment. He will hold such 
 appointment for no longer period than four years, except that, upon the request of 
 a general officer whose retirement by reason of age will occur within one year, the 
 tour of four years may be extended by the Secretary of War to the date of such 
 retirement. (Par. 33, A. R., 1895.) 
 
 For statutory provisions and executive regulations respecting the staffs of general 
 officers when assigned to commands see the chapter entitled RANK AND COMMAND- 
 TACTICAL AND TERRITORIAL ORGANIZATIONS. 
 
CHAJPTER XII. 
 
 BANK ASTD COMMAND TACTICAL AND TEEEI- 
 TORIAL ORGANIZATIONS. 
 
 Par. 
 
 443. Command, when different 
 
 corps happen to join. 
 
 444. Regular and volunteer offi- 
 
 cers on same footing as to 
 rank, etc. 
 
 445. Rank of militia officers when 
 
 on duty with regular or 
 volunteer forces. 
 
 446. Relative rank of army and 
 
 navy officers. 
 
 447. Relative rank, how deter- 
 
 mined. 
 
 448. Assignments to duty accord- 
 
 ing to brevet rank. 
 
 Par. 
 
 449. Assignment and transfer of 
 
 engineers. 
 
 450. Medical officers not to com- 
 
 mand in line or in other 
 staff corps. 
 
 451. Pay officers not to command 
 
 in line or in other staff 
 corps. 
 
 452. Tactical organizations. 
 
 453. Military headquarters, loca- 
 
 tion. 
 
 454. The same. 
 
 Command, 
 rhen different 
 
 443, If, upon inarches, guards, or in quarters, different 
 corps happen to corps of the Army happen to join or do duty together, the 
 122 Art. war. on ^ cer highest in rank of the line of the Army, Marine 
 Corps, or militia, by commission, there on duty or in quar- 
 ters, shall command 1 the whole, and give orders for what 
 
 'The terms "rank" and "command" have received Executive interpretation in 
 paragraphs 7 and 13 of the Army Regulations of 1895. 
 
 Military rank is that character or quality bestowed on military persons which 
 marks their station, and confers eligibility to exercise command or authority in the 
 military service within the limits prescribed by law. It is divided into degrees or 
 grades, which mark the relative positions and powers of the different classes of per- 
 sons possessing it. (Par. 7, A. R., 1895.) 
 
 Rank is generally held by virtue of office in a regiment, corps, or department, but 
 may be conferred independently of office, as in the case of retired officers and of those 
 holding it by brevet. (Par. 8, A. R., 1895.) 
 
 The following are the grades of rank of officers and noncommissioned officers : 
 1. Major-general. 
 
 1 1 . Quartermaster sergeant (regimental) . 
 
 12. Ordnance, commissary, and post quar- 
 
 termaster-sergeant, hospital stew- 
 ard, first-class sergeant of the Signal 
 Corps, chief musician, principal 
 musician, chief trumpeter, and 
 saddler sergeant. 
 
 13. First sergeant. 
 
 14. Sergeant and acting hospital steward. 
 
 15. Corporal. 
 
 In each grade, date of commission, appointment, or warrant determines the order 
 of precedence. (Par. 9, A. R., 1895.) 
 
 A determination by the legislative and executive branches of the Government, as 
 to the relation or superior authority among military officers, is conclusive upon the 
 judiciary. De Celis v. U. S., 13 C. Cls. R., 117. 
 
 154 
 
 2. Brigadier-general. 
 
 3. Colonel. 
 
 4. Lieutenant-colonel. 
 
 5. Major. 
 
 6. Captain. 
 
 7. First lieutenant. 
 
 8. Second lieutenant, 
 
 9. Cadet. 
 
 10. Sergeant-major (regimental). 
 
THE MILITARY LAWS OF THE UNITED STATES. 155 
 
 is needful to the service, unless otherwise specially directed 
 by the President, according to the nature of the case. One 
 hundred and twenty-second article of war. 
 
 444. In all matters relating to the rank, duties, and rights v ^^ eT A ^- 
 of officers, the same rules and regulations shall apply tocers on same 
 
 footing as to 
 
 officers of the Eegular Army and to volunteers commis- rank, etc. 
 
 , . , . , ... . , ,, .. Mar. 2, 1867, c. 
 
 sioned in, or mustered into said service, under the laws of 159, s. 2, v. u, p. 
 the United States, for a limited period. 1 One hundred and 
 twenty-third article of war. 123 Art * Wan 
 
 445. Officers of the militia of the several States, when . Rank of mm- 
 called into the service of the United States, shall on all on duty with reg- 
 
 , . . , , , , , , . ., ular or volunteer 
 
 detachments, courts-martial, and other duty wherein they forces. 
 
 , i , . ... i ,*, i i Mar. 2, 1867, c. 
 
 may be employed in conjunction with the regular or volun- 159, s. 2, v. u, p. 
 
 teer forces of the United States, take rank next after all 431 
 
 officers of the like -grade in said regular or volunteer forces, m Art * War * 
 
 notwithstanding the commissions of such militia officers 
 
 may be older than the commissions of the said officers of 
 
 the regular or volunteer forces of the United States. One 
 
 hundred and twenty-fourth article of war. 
 
 446. The relative rank between officers of the Navy, Relative rank 
 whether on the active or retired list, and officers of the army officers. 
 Army, shall be as follows, lineal rank only being considered : iss.l'is, v. 12,' p! 
 
 The Vice- Admiral shall rank with the Lieutenant-General. c 8 e, ; s. e i? V.Ys^p'. 
 
 Eear-admirals with major-generals. 
 
 Commodores with brigadier- generals. 
 
 Captains with colonels. fi 
 
 Commanders with lieu tenant- colonels. 472> 
 
 Lieutenant-commanders with majors. Sec.i466,B.s. 
 
 Lieutenants with captains. 
 
 Lieutenants, junior grade, with first lieutenants. 
 
 Ensigns with second lieutenants. 
 
 1 Command is exercised by virtue of office and the special assignment of officers 
 holding military rank who are eligible by law to exercise command. Without 
 orders from competent authority an officer can not put himself on duty by virtue of 
 his commission alone, except as contemplated in the twenty-fourth and one hundred 
 and twenty-second articles of war. (Par. 13, A. R., 1895.) 
 
 The following are the commands appropriate to each grade : 
 
 1. For a captain, a company. 
 
 2. For a major or lieutenant-colonel, a battalion or squadron. 
 
 3. For a colonel, a regiment. 
 
 4. For a brigadier-general, two regiments. 
 
 5. For a major-general, four regiments. (Par. 14, A. R., 1895.) 
 
 The functions assigned to any officer in these regulations by title of office devolve 
 upon the officer acting in his place, except when otherwise specified. An officer in 
 temporary command shall not, except in urgent cases, alter or annul the standing 
 orders of the permanent commander without authority from the next higher com- 
 mander. (Par. 15, A. R., 1895.) 
 
 An officer who succeeds to any command or duty stands in regard to his duties in 
 the same situation as his predecessor. The officer relieved will turn over to his suc- 
 cessor all orders in force at the time and all the public property and funds pertain- 
 ing to his command or duty, and will receive therefor duplicate receipts showing 
 the condition of each article. (Par. 16, A. R., 1895.) 
 
 When an officer is charged with directing an expedition or making a reconnois- 
 sance, without having command of the escort, the commander of the escort will 
 consult him touching all arrangements necessary to secure the success of the oper- 
 ation. (Par. 19, A. R., 1895.) For statutory provisions respecting the exercise of 
 command by staff officers see the chapter called THE STAFF DEPARTMENTS. See, also, 
 paragraphs 17 and 18, A. R., 1895. 
 
156 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Relative rank, 447^ j n fixing relative rank l between officers of the same 
 
 how determined. 
 
 Mar. 2, 1867, c. grade and date of appointment and commission, the time 
 
 159, a. 1, v. 14, p. . 
 
 434. which each may have actually served as a commissioned 
 
 sec. 1 219, B.S. officer of the United States, whether continuously or at 
 different periods, shall be taken into account. And in 
 computing such time, no distinction shall be made between 
 service as a commissioned officer in the Regular Army and 
 service since the 19th day of April, 1861, in the volunteer 
 forces, whether under appointment or commission from the 
 President or from the governor of a State. 
 
 duty 8i Sco e rdin^ 448 - Officers may be assigned to duty or command accord- 
 to brevet rank. j n g ^ o ne j r brevet rank by special assignment of the Pres- 
 Sec.i2ii,R.s. id en t; and brevet rank shall not entitle an officer to 
 
 precedence or command except when so assigned. 
 
 and 8 tran8fer ei of 449. Engineers shall not assume nor be ordered on any 
 
 6I Tpr ! 6 io,'i806, c. duty beyond the line of their immediate profession, except 
 
 2curt. es, v. 2, p. by the special order of the President. 2 They may, at the 
 
 sec ii58 R s discretion of the President, be transferred from one corps 
 
 to another, regard being paid to rank. 
 
 L- 450. Officers of the Medical Department of the Army 
 in a o n ther D 8taff e d e r shall not be entitled, in virtue of their rank, to command 
 
 Pa SeSTl69,B.S. in tue line r in Other sta ff COrpS. 3 
 
 Pay officers not 451. Officers of the Pay Department shall not be entitled. 
 
 to command in . . 
 
 line or in other m virtue of their rank, to command in the line or in other 
 
 staff depart- 
 
 inents. Staff COrpS. 3 
 
 Sec.ll83,B.S. TACTICAL ORGANIZATIONS. 
 
 izJt a oni calorgan ^^' * n ^ e OI> dinary arrangement of the Army two regi- 
 Mar. 3,^1799,^. inents of infantry or of cavalry shall constitute a brigade, 
 and shall be the command of a brigadier-general, and two 
 ' brigades shall constitute a division, and shall be the com- 
 mand of a major-general ; but it shall be in the discretion 
 of the commanding general to vary this disposition when- 
 ever he may deem it proper to do so. 4 
 
 1 Officers of the Regular Army, Marine Corps, and volunteers when commissioned 
 or mustered into the service of the United States, being upon equal footing, take 
 precedence in each grade by date of commission or appointment. Militia officers, 
 when employed with the regular or volunteer forces of the United States, take rank 
 next after all officers of like grade in those forces. (Par. 11, A. R., 1895.) 
 
 Between officers of the same grade and date of appointment or commission, 
 other than through promotion by seniority, relative rank is determined by length of 
 service, continuous or otherwise, as a commissioned officer of the United States, 
 either in the Regular Army or, since April 19, 1861, in the volunteer forces. When 
 periods of service are equal, precedence will, except when fixed by order of merit on 
 examination, be determined, first, by rank in service when appointed; second, by 
 former rank in the Army or Marine Corps ; third, by lot, among such as have not 
 been in the military service of the United States (Par. 11, A. R., 1895.) 
 
 2 An officer of Engineers or Ordnance, or of the Adjutant-General's, Inspector- 
 General's, Judge- Advocate-General's, Quartermaster's, or Subsistence Department, 
 or of the Signal Corps, though eligible to command, according to his rank, shall not 
 assume command of troops unless put on duty under orders which specially so direct, 
 by authority of the President. (Par. 17, A. R., 18.) 
 
 3 An officer of the Pay or Medical Department can not exercise command, except 
 in bis own department; but by virtue of his commission he may command all enlisted 
 men like other commissioned officers. (Par. 18, A. R., 1895.) 
 
 4 Paragraph 189 of the Army Regulations of 1895 contains the provision that, in 
 time of peace, army corps, divisions, and brigades will not be formed except for 
 purposes of instruction. Section 9 of the act of July 17, 1862 (12 Stat. L., 594), 
 
THE MILITARY LAWS OF THE UNITED STATES. 157 
 
 MILITARY HEADQUARTERS. 
 
 453. That hereafter, in time of peace, all military head- u S* r * ry head * 
 quarters, except Army headquarters, shall be established 
 and maintained at points where the government own build- 15 - 
 ings or barracks, within the several departments and 
 
 authorized the President to establish and organize army corps according to his dis- 
 cretion. Section 10 of the same act provided for the staff of an army corps. Such 
 legislation was not necessary, however, the organization of separate armies, army 
 corps, grand divisions, wings, reserves, and the like, in time of war, being a matter 
 within the discretion of the President as. the Commander in Chief. For regulations 
 respecting the organization of armies in the field in time of war, see the volume 
 entitled TROOPS w CAMPAIGN? see, also, Scott's Dig., pp. 244, 245. 
 
 TERRITORIAL COMMANDS. 
 
 In time of peace our Army has been habitually distributed into geographical com- 
 mands, styled, respectively, military divisions, departments, and districts the dis- 
 tricts, as organized prior to 1815, corresponding to the commands now designated as 
 departments. These divisions and departments can be established only by the Pres- 
 ident; but, within their respective departments, commanding generals have from 
 time to time grouped adjacent posts into temporary commands, which are now 
 known as districts. 
 
 Military divisions, each embracing two or more departments, have obtained from 
 May 17, 1815, to June 1, 1821 ; from May 19, 1837, to July 12, 1842; from April 20, 1844, 
 to October 31, 1853 ; from July 25 to August 17, 1861 ; and from October 13, 1863, to 
 July 2, 1891. 
 
 Department organizations have been continuous since 1815. (Scott's Dig., p. 244.) 
 
 THE COMMANDING GENERAL OP THE ARMY. 
 
 The command exercised by the commanding general of the Army, not having been 
 made the subject of statutory regulation, is determined by the order of assignment. 
 It has been habitually composed of the aggregate of the several territorial commands 
 that have been or may be created by the President. 
 
 The military establishment is under the orders of the commanding general of the 
 Army in that which pertains to its discipline and military control. The fiscal affairs 
 of the Army are conducted by the Secretary of War, through the several staff depart- 
 ments. (Par 187, A. R., 1895.) 
 
 All orders and instructions from the President or Secretary of War relating to 
 military operations or affecting the military control and discipline of the Army will 
 be promulgated through the commanding general. (Par. 188, A. K. 1895). See, also, 
 paragraph 11, ante. 
 
 TERRITORIAL DEPARTMENTS. 
 
 Territorial departments are established and their commanders assigned by direc- 
 tion of the President. In time of peace, army corps, divisions, or brigades will not 
 be formed except for purposes of instruction. (Par. 189, A. R,., 1895.) 
 
 The commander of a department commands all the military forces of the Govern- 
 ment within its limits, whether of the line or staff, which are not specially excepted 
 from his control by the War Department. The infantry and cavalry school at Fort 
 Leaven worth, Kans., and the cavalry and light artillery school at Fort Klley, Kans., 
 in matters pertaining to the courses of instruction ; the Military Academy ; the artil- 
 lery school; the engineer establishment at Willets Point; the arsenals; the general 
 depots of supply ; the general-service recruiting stations ; such permanent fortifica- 
 tions as may be in process of construction or repair, and officers employed on special 
 duty under the Secretary of War, are exempted from the supervision of department 
 commanders. But when an emergency demands it, all military men and material 
 within the limits of their jurisdiction come under their control. (Par. 190, A. R., 
 1895.) 
 
 Purchasing commissaries, officers on duty at general depots of supply, and others 
 indicated in the preceding paragraph, whether reporting by letter to department 
 commanders or not, are subject to their orders for court-martial or other duty in an 
 emergency only ; and officers on duty with the commands at Fort Leavenworth, Fort 
 Monroe, and Fort Riley will not be detached without the orders of the Secretary of 
 War or the commanding general of the Army. (Par. 191, A. R., 1895.) 
 
 A department commander is charged with the administration of all the military 
 affairs of his department, and theexecution of all orders from higher authority. He 
 will report to the commanding general of the Armyall matters relating to the gen- 
 eral welfare of his command, including such change of station of troops as he may 
 deem desirable, but will obtain the approval of the commanding general of the Army 
 before ordering the movement. If it bo necessary to move troops to meet emergen- 
 cies, such movements and all the circumstances will be reported at the earliest 
 possible moment. (Par. 192, A. R., 1895.) 
 
 Each department commander will inspect the troops under his command at least 
 once each year, and for this purpose he may be accompanied by one officer of his per- 
 sonal or the department staff. He will assure himself by personal examination and 
 observation that all officers and men under his control are efficient in the performance 
 of duty, that the troops are thoroughly drilled and instructed in their field duties 
 and tactical exercises, that supplies are properly distributed, that proper care is 
 exercised in the purchase and preservation of public property, and that strict econ- 
 omy is exercised hi all public expenditures. In his annual report the results of these 
 
158 THE MILITARY LAWS OF THE UNITED STATES. 
 
 . divisions, and in such buildings or barracks, and not other- 
 wise, unless the Secretary of War shall by an order in 
 writing otherwise direct. Sec. 6, act of June 18, 1878. 
 
 Jo h stltT.' iso. 454> Tliat section six f tne act approved June eighteenth, 
 eighteen hundred and seventy-eight, making appropria- 
 tions for the support of the Army, be, and is hereby, 
 repealed : Provided, That when the economy of the service 
 
 June 23, 1879 requires, the Secretary of War shall direct the establish- 
 ment of military headquarters at points where suitable 
 buildings are owned by the government. Act of June 23 
 1879 (21 Stat. L., 35}. 
 
 inspections will be summarized. From time to time he will report, for the informa- 
 tion of the commanding general of the Army and the Secretary of War, the names 
 of any and all officers belonging to his command who are believed to be incompetent 
 or permanently unable, from any cause, to perform all the duties of their severar 
 grades, both in" garrison and in active service; he will also report any errors, irregul 
 larities, or abuses requiring the action of higher authority. (Par. 193. A. K., 1895.) 
 
 Department commanders are expected to determine controversies arising within 
 the limits of their jurisdiction and decide questions referred to them on appeal. 
 (Par. 194, A. II., 1895.) 
 
 Although a department commander maj- continue to discharge the more important 
 functions of his command while beyond its territorial limits, his absence therefrom 
 requires the sanction of the Secretary of War, and if intending to leave his head- 
 quarters for an absence within his department, he will report to the Adjutant-Gen- 
 eral of the Army his intention, the duration of, and his address during, his proposed 
 absence. (Par. 195, A. K., 1895.) 
 
 STAFF OF DEPARTMENT COMMANDERS. 
 
 The personal staff of a department commander will consist of the authorized aids 
 The department staff will be limited to the officers detailed by the Secretary of War 
 from appropriate staff departments or corps, or of officers of the line detailed by the 
 same authority to act in their stead, and their official designations will be as follows : 
 Adjutant-general, chief quartermaster, chief commissary, chief surgeon, chief pay- 
 master, judge-advocate, and artillery inspector, the last appointed as prescribed in 
 paragraph 350; also, when necessary, an engineer officer, an ordnance officer, and a 
 signal officer, each detailed from his corps ; hut when any of these officers are not 
 assigned, or when any department staff officer is temporarily absent or disabled, the 
 
 duties of his position will be performed by other members of the department or per- 
 sonal staff. The chief quartermaster and chief commissary will each have charge 
 of the depot of his department, at the place where headquarters are located, and 
 will, when practicable, make purchases. The chief surgeon will, when practicable, 
 perform the duty of attending surgeon. The chief paymaster will make a proportion 
 of the payments in the command. The duties prescribed in Small Arms Firing lieg- 
 ulations for th^ inspector of small-arms practice will be performed by an aid or by 
 the adjutant-general. (Par. 196, A. R., 1895.) 
 
CHAPTER XIII. 
 
 THE STAFF DEPARTMENTS GENEBAL PRO- 
 VISIONS DISBURSING OFFICERS. 
 
 APPOINTMENTS. 
 
 Par. 
 
 461. Officers appointed from civil 
 
 life may waive board 01 
 similar character. 
 
 462. Examination of certain of- 
 
 ficers of Engineers and 
 Ordnance. 
 
 463. Transfers between line and 
 
 staff. 
 
 464. Transfers of Engineer offi- 
 
 cers. 
 
 465. Successor to absent chief of 
 
 bureau to be designated by 
 the President. 
 
 Par. 
 
 455. Chiefs of departments ap- 
 
 pointed by selection. 
 
 456. Vacancies in staff, how filled. 
 
 457. Promotions. 
 
 458. Promotions to be by senior- 
 
 ity, subject to examination. 
 
 459. Examinations for promotion. 
 
 Retirement on failure to 
 pass due to physical disa- 
 bility contracted in line of 
 duty. Failure for other 
 reasons. Failure on re- 
 examination. 
 
 460. Examination of officers ap- 
 
 pointed from civil life. 
 Composition of boards. 
 Failure. 
 
 455. The Adjutant-General, the Quartermaster-General, a C{^ e e f * t8 of a de * 
 the Commissary-General of Subsistence, the Surgeon-Gen- pointed by seiec- 
 eral, the Chief of Engineers, the Chief of Ordnance, and U Jui y 23, isw, c. 
 the Paymaster-General shall be appointed by selection ssel 8 ' 
 
 from the corps to which they belong. 1 sec. nos, B. s. 
 
 456, Hereafter all appointments to fill vacancies in the 
 lowest grade of the Adjutant-Generals, Inspector-Generals, 
 Quartermasters and Subsistence Departments respectively 
 shall be made from the next lowest grade in the line of the 
 Army. 2 Act of August 6, 1894 (28 Stat. Z., 234). 
 
 1 The act of February 5, 1885 (23 Stat. L., 297), provides that the Inspector-General 
 shall be appointed, by selection, from the officers of the Inspector-General's Depart- 
 ment. The act of August 6. 1894 (28 Stat. L., 234), makes a similar provision in 
 respect to the Chief Signal Officer. 
 
 2 For statutory provisions respecting appointments in the Medical, Ordnance, and 
 Signal Departments see the chapters so entitled. 
 
 159 
 
 1894) v * 
 
160 THE MILITARY LAWS OF THE UNITED STATES. 
 
 PROMOTIONS. 
 
 Promotions. 457. Promotions in the line shall be made through the 
 
 Sec. 1204, R.s. w hole Army, in its several lines of artillery, cavalry and 
 
 infantry, respectively. Promotions in the staff shall be 
 
 made in the several departments and corps respectively. 1 
 
 EXAMINATIONS FOR PROMOTION. 
 
 be^^seniority ^^ Hereafter promotion to every grade in the Army 
 
 nat& ttoexami ~ De l w the rank of brigadier- general, throughout each arm, 
 
 26 ct 562 189 ' v ' cor P 8 ? or department of the service, shall, subject to the 
 
 examination hereafter provided for, be made according to 
 
 seniority in the next lower grade of that arm, corps, or 
 
 department. Act of October 1, 1890 (26 Stat. L., 562). (See 
 
 Sec. 1204, R. S., par. 457, supra.) 
 
 fo?pJS5ofton. ns 459t Tnat tne ^resident be, and he is hereby, authorized 
 1890% 26 ct 562' * P rescr ie a system of examination of all officers of the 
 Army below the rank of major to determine their fitness 
 for promotion, such an examination to be conducted at 
 such times anterior to the accruing of the right to promo- 
 tion as may be best for the interests of the service : Pro- 
 vided, That the President may waive the examination for 
 promotion to any grade in the case of any officer who in 
 pursuance of existing law has passed a satisfactory exami- 
 nation for such grade prior to the passage of this act : And 
 provided, That if any officer fails to pass a satisfactory 
 examination and is reported unfit for promotion, the officer 
 next below him in rank, having passed said examination, 
 
 fanurl r To ent ass sna ^ receive the promotion: And provided, That should 
 due to physical the officer fail in his physical examination and be found 
 
 disability con- ; * 
 
 tracted in line of incapacitated for service by reason of physical disability 
 contracted in line of duty he shall be retired with the rank 
 
 1 See, also, section 1 of the act of October 1, 1890 (26 Stat. L., 252) . So much of section 
 1194, Revised Statutes, as prohibited appointments and promotions in the Adjutant- 
 General's, Inspector-General's, Pay, Quartermaster's, Subsistence, Ordnance, and 
 Medical Departments, was repealed; as to the Adjutant-General's Department, 
 by the act of March 3, 1875 (18 Stat. L., 478) ; as to the Inspector- General's Depart 
 ment, by the act of June 23, 1874 (18 Stat. L., 244) ; as to the grade of major in the 
 Pay Department, by the act of March 3, 1875 (18 Stat. L., 524), and the act of March 3, 
 1877 (19 Stat. L., 270) ; as to the Quartermaster's Department, by, the act of March 3, 
 1875 (18 Stat. L., 338) ; as to the Ordnance, Subsistence, and Medical Departments, by 
 section 8 of the act of June 23, 1874 (18 Stat. L., 245). The act of March 3, 1877 (19 
 Stat. L., 270), declared that this section "now applying only to the grades in the Pay 
 Department of the Army above the rank of major is hereby repealed" (19 Stat. 
 L-, 270). 
 
 The act of June 23, 1874, contained the provision that as vacancies shall occur in 
 any of the grades of the Ordnance and Medical Departments, no appointments shall 
 be made to fill the same until the numbers in such grade shall be reduced to the 
 numbers which are fixed for permanent appointments L>y the provisions of this act; 
 and thereafter the number of permanent oflicers in said grades shall continue to con- 
 form to said reduced numbers, and all other grades in said Ordnance and Medical 
 Departments than those authorized by the provisions of this act shall cease to exist 
 as soon as the same shall become vacant by death, resignation, or otherwise; and no 
 appointment or promotion shall hereafter be made to fill any vacancy which may 
 occur therein. 
 
 The same statute also provided that no officer now in the service shall be reduced 
 in rank or musj^red out by reason of any provision of law herein made reducing the 
 number of officers in any department or corps of the staff. 
 
THE MILITARY LAWS OF THE UNITED STATES. 161 
 
 to which his seniority entitled him to be promoted; but if 
 
 he should fail for any other reason he shall be suspended Failure for 
 
 other reasons. 
 
 from promotion for one year, when he shall be reexammed, 
 
 and in case of failure on such reexamination he shall be Failure on re- 
 
 examination. 
 honorably discharged with one year's pay from the Army. 
 
 460. That the examination of officers appointed in the Examination 
 Army from civil life, or of officers who were officers of pointed from 
 
 volunteers only, or were officers of the militia of the 
 
 several States called into the service of the United States, 
 
 or were enlisted men in the regular or volunteer service, 
 
 either in the Army, Navy, or Marine Corps, during the 
 
 war of the rebellion, shall be conducted by boards com- Composition of 
 
 posed entirely of officers who were appointed from civil life 
 
 or of officers who were officers of volunteers only during 
 
 said war, and such examination shall relate to fitness for 
 
 practical service and not to technical and scientific knowl- 
 
 edge; and in case of failure of any such officer in the reex- Failure. 
 
 animation hereinbefore provided for, he shall be placed upon 
 
 the retired list of the Army; and no act now in force shall 
 
 be so construed as to limit or restrict the retirement of offi- 
 
 cers as herein provided for. Sec. 3, act of October 1, 1890 
 
 (26 Stat. L., 562}. 
 
 461. That officers entitled by this section to examina- officers ap- 
 tion by a board composed entirely of officers who were civil life may 
 appointed from civil life, or who were officers of volunteers similar charac- 
 only during the war, may, by written waiver filed with the te juiy27,i892,v. 
 War Department, relinquish such right, in which case the 27 ' p ' 276 ' 
 examination of such officers shall be conducted by boards 
 composed as shall be directed by the Secretary of War. 
 
 Act of July 27, 1892 (27 Stat. L., 276}. 
 
 462. That the examination of officers of the Corps of Examination 
 
 of certain officers 
 
 Engineers and Ordnance Department, who were officers or of Engineers and 
 
 ,? . , . Ordnance. 
 
 enlisted men in the regular or volunteer service, either sec. 2, July 27, 
 
 XT TIT /-I J 1892 ' V ' 27 ' P- 276 ' 
 
 in the Army, Navy, or the Marine Corps, during the war 
 of the rebellion, shall be conducted by boards composed in 
 the same manner as for the examination of other officers 
 of their respective corps or department; and the examina- 
 tions shall embrace the same subjects prescribed for all 
 other officers of similar grades in the Corps of Engineers 
 and Ordnance Department, respectively. Sec. 2, act of 
 July 27, 1892 (27 Stat. L., 276}. 
 
 
 TRANSFERS TO THE STAFF. 
 
 463. Officers may be transferred from the line to the Transfers be- 
 
 tween line and 
 
 Stan ot the Army without prejudice to their rank or pro- staff. 
 motion in the line; but no officer shan hold, at the same sec.i205,R.s. 
 1919 11 
 
162 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 time, an appointment in the line and an appointment in 
 the staff which confer equal rank in the Army. When 
 any officer so transferred has, in virtue of seniority, ob- 
 tained, or become entitled to, a grade in his regiment 
 equal to the grade of his commission in the staff, he shall 
 vacate either his commission in the line or his commission 
 in the staff. 
 
 ^^* Engineers shall not assume nor be ordered on any 
 ii58 B s ^ u ty beyond the line of their immediate profession, except 
 * by the special order of the President. They may, at the 
 discretion of the President, be transferred from one corps 
 to another, regard being paid to rank. 
 
 enneer officer? 
 
 MISCELLANEOUS. 
 
 Successor to 465. During the absence of the Quartermaster-General, 
 
 absent chief of 
 
 bureau to be des- O r the chief of any military bureau of the War Depart- 
 
 ienated by the 
 
 President. ment, the President is authorized to empower some officer 
 
 of the Department or Corps whose chief is absent to take 
 
 ' charge thereof, and to perform the duties of Quarter- 
 
 master-General, or chief of the department or corps, as 
 
 the case may be, during such absence. 
 
 DISBURSING OFFICERS. 
 
 Par. 
 
 466. Bonds of disbursing officers ; 
 
 by whom to be given. 
 
 467. Security companies as sure- 
 
 ties. 
 
 468. Agents to be appointed in 
 
 judicial district where 
 surety is undertaken. 
 
 469. Copy of charter to be filed 
 
 with Attorney-General. 
 
 470. Attorney-General to grant 
 
 authority to act. 
 
 471. Quarterly reports. Supervi- 
 
 sory powers of Attorney- 
 General. 
 
 472. Jurisdiction of United States 
 
 courts. 
 
 473. Forfeiture of rights on fail- 
 
 ure to pay judgments. 
 
 474. Companies estopped from 
 
 denying power. 
 
 475. Penalty for failure to comply 
 
 with provisions of statute. 
 
 476. Sureties on official bonds. 
 
 Notice of principals' defi- 
 ciency to be communicated 
 to sureties. 
 
 Par. 
 
 477. Sureties released after five 
 
 years without suit. 
 
 478. Inspection of disbursements. 
 
 479. To be reported to Congress. 
 
 480. Drafts for War and Navy 
 
 Departments. 
 
 481. Advances of public money 
 
 prohibited. 
 
 482. Exchange of funds restricted. 
 
 483. Premium on sales of public 
 
 funds to be accounted for. 
 
 484. Penalty for failure to deposit 
 
 money. 
 
 485. Duties of officers as custodi- 
 
 ans of public moneys. 
 
 486. Duties of disbursing officers. 
 
 487. Entry of each deposit, trans- 
 
 fer, and payment. 
 
 488. Application of moneys ap- 
 
 propriated. 
 
 489. No expenditures beyond ap- 
 
 propriations. 
 
 490. Proceeds of sales to be de- 
 
 posited without deduction. 
 
 491. Proceeds of sales of old mate- 
 
 rials. 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 163 
 
 Par. 
 
 492. Appropriations for subsist- 
 
 ence available for purchases 
 of stores for sale to officers, 
 etc. Proceeds of sales 
 available for similar pur- 
 chases. 
 
 493. Sales of unserviceable ord- 
 
 nance. 
 
 494. Sales of useless ordnance; 
 
 proceeds available for pur- 
 chases of new material. 
 
 495. Accounts. 
 
 496. Distinct accounts required 
 
 under separate heads of 
 appropriation. 
 
 497. Suits to recover money. 
 
 498. Penalty for receipting for 
 
 larger sums than are paid. 
 
 499. Disbursing officer unlawfully 
 
 depositing, conve r t i n g , 
 loaning, or transferring 
 public money. 
 
 500. Failure of Treasurer, etc., to 
 
 safely keep public moneys. 
 
 Par. 
 
 501. Custodians of public money 
 
 failing to safely keep, with- 
 out loaning, etc. 
 
 502. Failure of officer to render 
 
 accounts. 
 
 503. Failure to deposit as required. 
 
 504. Provisions of five preceding 
 
 sections construed. 
 
 505. Record evidence of embezzle- 
 
 ment. 
 
 506. Refusal to pay draft prima iacie 
 
 evidence of embezzlement. 
 
 507. Evidence of conversion. 
 
 508. Unlawful receiving of money 
 
 by banker, etc., to be em- 
 bezzlement. 
 
 509. Officers, etc., interested in 
 
 claims. 
 
 510. United States officer accept- 
 
 ing bribes, etc. 
 
 511. Forfeiture of office. 
 
 512. Officer contracting beyond 
 
 specific appropriation. 
 
 513. Fraudulent notes to be 
 
 stamped " counterfeit." 
 
 BONDS. 
 
 466. All officers of the Quartermaster's, Subsistence, and bu ^f n d g 8 ^ 
 Pay Departments, the chief medical purveyor and assist- 
 ant medical purveyors, and all store-keepers shall, before 
 entering upon the duties of their respective offices, gi 
 good and sufficient bonds to the United States, in such ^ 1 
 sums as the Secretary of War may direct, faithfully to isef's. 2, v. 5,' p! 
 
 , .. ... , '. , ,, 512; July 28, 1866, 
 
 account for all public moneys and property which they may c . 200, .IT, v. u, 
 
 receive. The President may, at any time, increase 
 sums so prescribed. 1 But the Quartermaster-General shall w 
 not be liable for any money or property that may come into J^i's??? v ; i9, e p! 
 the hands of the subordinate officers of his department. 24 |'e C .ii9i,R.s. 
 467. That whenever any recognizance, stipulation, bond, security com- 
 
 ' panies as sure- 
 
 or undertaking conditioned for the faithful performance of ties. 
 
 - . . , . , , . Aug. 13, 1894, v. 
 
 any duty, or for doing or refraining from doing any thing 28, p. 279. 
 in such recognizance, stipulation, bond, or undertaking 
 specified, is by the laws of the United States required or 
 
 1 For statxitory requirements respecting bonds and sureties, in addition to those 
 cited in this chapter, see the chapters entitled THE TREASURY DEPARTMENT, 
 THE COURT OF CLAIMS, THE QUARTERMASTER'S DEPARTMENT, THE SUBSISTENCE 
 DEPARTMENT, THE PAY DEPARTMENT, THE MEDICAL DEPARTMENT, and CONTRACTS 
 AND PURCHASES. Officers of the Army and Navy are excepted from the" provisions 
 of section 3614, Revised Statutes, which require all special agents employed by the 
 heads of the several Executive Departments in the disbursement of the public 
 moneys to give bonds in such form and with such security as such heads of Depart- 
 ments may approve. This section does not apply to all commissioned officers of 
 the Army who may be required to act as disbursing officers, but to such only as are 
 regularly appointed disbursing officers and who are required, as such, to give bonds. 
 Ex parte Randolph, 2 Brockenbrough, 447. See also U. S. v. Kirkpatrick. 9 Wh., 720 ; 
 U. S. v. Van Zandt, llWh.,184; Doxu. Postuiaster-General, lPet.,325; U.S.v.Linn, 
 15 Pet., 290, See, also, Par, 515 post. 
 
164 THE MILITARY LAWS OF THE UNITED STATES. 
 
 permitted to be given with one surety or with two or more 
 sureties, the execution of the same or the guaranteeing of 
 the performance of the condition thereof shall be sufficient 
 when executed or guaranteed solely by a corporation incor- 
 porated under the laws of the United States or of any 
 State having power to guarantee the fidelity of persons 
 holding positions of public or private trust, and to execute 
 and guarantee bonds and undertakings in judicial pro- 
 ceedings: Provided, That such recognizance, stipulation, 
 bond, or undertaking be approved by the head of depart- 
 ment, court, judge, officer, board, or body executive, legis- 
 lative, or judicial required to approve or accept the same. 
 But no officer or person having the approval of any bond 
 shall exact that it shall be furnished by a guarantee com- 
 pany or by any particular guarantee company. Act of 
 August 13, 1894 (28 Stat. L., 279}. 
 
 in ju 6 ^68. That no such company shall do business under the 
 P rovisions of tn * s act be y oncl tne limits of the State or Ter- 
 ritory under whose laws it was incorporated and in which 
 its principal office is located nor beyond the limits of the 
 District of Columbia, when such company was incorporated 
 under its laws or the laws of the United States and its 
 principal office is located in said District, until it shall by 
 a written power of attorney appoint some person residiog 
 within the jurisdiction of the court for the judicial district 
 wherein such suretyship is to be undertaken, who shall be 
 a citizen of the State, Territory, or District of Columbia, 
 wherein such court is held, as its agent, upon whom may 
 be served all lawful process against such company, and 
 who shall be authorized to enter an appearance in its behalf. 
 A copy of such power of attorney, duly certified and authen- 
 ticated, shajl be filed with the clerk of the district court of 
 the United States for such district at each place where a 
 term of such court is or may be held, which copy, or a cer- 
 tified copy thereof, shall be legal evidence in all controver- 
 sies arising under this act. If any such agent shall be 
 removed, resign, or die, become insane, or otherwise inca- 
 pable of acting, it shall be the duty of such company to 
 appoint another agent in his place, as hereinbefore pre- 
 scribed, and until such appointment shall have been made, 
 or during the absence of any agent of such company from 
 such district, service of process may be upon the clerk of 
 the court wherein such suit is brought, with like effect as 
 upon an agent appointed by the company. The officer 
 executing such process upon such clerk shall immediately 
 transmit a copy thereof by mail to the company, and state 
 such fact in his return. A judgment, decree, or order of a 
 court entered or made after service of process as aforesaid 
 
THE MILITARY LAWS OP THE UNITED STATES. 165 
 
 shall be as valid and binding on such company as if served 
 with process in said district. Sec. 2, ibid. 
 
 469. That every company before transacting any business te j? py ^ c jjj[ 
 under this act shall deposit with the Attorney-General of g^^f ttorney ' 
 the United States a copy of its charter or articles of incor- sec. 3, ibid. 
 poration, and a statement signed and sworn to by its presi- 
 
 dent and secretary showing its assets and liabilities. Sec.3, 
 ibid. 
 
 470. If the said Attorney- General shall be satisfied 
 such company has authority under its charter to do 
 business provided for in this act, and that it has a paid up 
 capital of not less than two hundred and fifty thousand 
 dollars, in cash or its equivalent, and is able to keep and 
 perform its contracts, he shall grant authority in writing to 
 such company to do business under this act. Sec. 3, ibid. 
 
 471. That every such company shall, in the months of ^" 8 arte gJ ~ 
 January, April, July, and October of each year, file with visory powers of 
 
 ,. . T . ,? , . , , Attorney-Gen- 
 
 the said Attorney-General a statement, signed and sworn erai. 
 
 to by its president and secretary, showing its assets and l>ec - 4 - * 6 * d - 
 
 liabilities, as is required by section three of this act. And 
 
 the said Attorney- General shall have the power, and it 
 
 shall be his duty, to revoke the authority of any such com- 
 
 pany to transact any new business under this act whenever 
 
 in his judgment such company is not solvent or is conduct- 
 
 ing its business in violation of this act. He may institute 
 
 inquiry at any time into the solvency of said company and 
 
 may require that additional security be given at any time 
 
 by any principal when he deems such company no longer 
 
 sufficient security. Sec. 4^ ibid. 
 
 472. That any surety company doing business under the Jf^ t es 
 
 provisions of this act may be sued in respect thereof in courts 
 any court of the United States which has now or hereafter 
 may have jurisdiction of actions or suits upon such recog- 
 nizance, stipulation, bond, or undertaking in the district in 
 which such recognizance, stipulation, bond, or undertaking 
 was made or guaranteed, or in the district in which the 
 principal office of such company is located. And for the 
 purposes of this act such recognizance, stipulation, bond, 
 or undertaking shall be treated as made or guaranteed in 
 the district in which the office is located, to which it is 
 returnable, or in which it is filed, or in the district in which 
 the principal in such recognizance, stipulation, bond, or 
 undertaking resided when it was made or guaranteed. 
 Sec. 5, ibid. 
 
 473. That if any such company shall neglect or refuse to 
 pay any final judgment or decree rendered against it upon to' pay 
 any such recognizance, stipulation, bond, or under taking m |ec. 
 made or guaranteed by it under the provisions of this act, 
 
166 THE MILITARY LAWS OP THE UNITED STATES. 
 
 from which no appeal, writ of error, or supersedeas has 
 been taken, for thirty days after the rendition of such 
 judgment or decree, it shall forfeit all right to do business 
 under this act. Sec. 6, ibid. 
 
 to C ed p from de- ^^' That any company which shall execute or guarantee 
 n ^g power, any recognizance, stipulation, bond, or undertaking under 
 the provisions of this act shall be estopped in any pro- 
 ceeding to enforce the liability which it shall have assumed 
 to incur, to deny its corporate power to execute or guarantee 
 such instrument or assume such liability. Sec. 7, ibid. 
 
 penalty for 475. That any company doing business under the pro- 
 failure to com- . . . \ J 
 
 piy with provi- visions of this act which shall fail to comply with any ot 
 Sea8,<Wd. its provisions shall forfeit to the United States for every 
 such failure not less than five hundred dollars nor more 
 than five thousand dollars, to be recovered by suit in the 
 name of the United States in the same courts in which suit 
 may be brought against such company under the provisions 
 of this act, and such failure shall not affect the validity of 
 any contract entered into by such company. Sec. <S, ibid. 
 
 ciai u bonds n ffi ^- That hereafter, whenever any deficiency shall be dis- 
 . Notice of prin- covered in the accounts of any official of the United States, 
 
 cipal s deficiency 
 
 to be commum- or of any officer disbursing or chargeable with public money, 
 
 cated to sureties, r,- -*,., *w . ,, ,, , . /> ,. , 
 
 Aug. s, 1888, v. it shall be the duty of the accounting officers making such 
 25, p. 287. discovery to at once notify the head of the Department 
 having control over the affairs of said officer of the nature 
 and amount of said deficiency, and it shall be the imme- 
 diate duty of said head of Department to at once notify all 
 obligors upon the bond or bonds of such official of the na- 
 ture of such deficiency and the amount thereof. Said noti- 
 fication shall be deemed sufficient if mailed at the post- 
 office in the city of Washington, District of Columbia, ad- 
 dressed to said sureties respectively, and directed to the 
 respective post-offices where said obligors may reside, if 
 known; but a failure to give or mail such notice shall not 
 discharge the surety or sureties upon such bond. 1 Act of 
 Augusts, 1888 (25 Stat. L., 387}. 
 
 leied^fter fiVe" 477< That if > u P on the statement of the account of any 
 years without o fficial of the United States, or of any officer disbursing or 
 sec. 2, ibid, chargeable with public money, by the accounting officers 
 of the Treasury, it shall thereby appear that he is indebted 
 to the United States, and suit therefor shall not be insti- 
 tuted within five years after such statement of said ac- 
 count, the sureties on his bond shall not be liable for such 
 indebtedness. 2 Sec. 2, ibid. 
 
 1 The regulations of the Treasury Department are imperative, and expressly pro- 
 hibit the transfer of funds, of any character, for which an officer is accountable, from 
 one bond to another, and when this regulation is violated it becomes necessary for 
 the officer to deposit the sum transferred, as a credit to his .irst bond, or else procure 
 the admission of the sureties on the second bond that the officer actually had the 
 sum in hand when it was executed, and that they are liable on said bond for the same. 
 (3 Dig. Compt. Dec., 13.) 
 
 2 For statutory provisions respecting distress warrants, see the chapter entitled 
 THE TREASURY DEPARTMENT. 
 
THE MILITARY LAWS OF THE UNITED STATES. 167 
 
 INSPECTION OF DISBURSEMENTS. 
 
 478. It shall be the duty of the Secretary of War to di gbu?8em!nt8 f 
 cause frequent inquiries to be made as to the necessity, Apr. 20, 1874, 
 economy, and propriety of all disbursements made by dis- v 
 
 bur sing officers of the Army, and as to their strict con- 
 formity to the law appropriating the money; also to ascer- 
 tain whether the disbursing officers of the Army comply 
 with the law in keeping their accounts and making their 
 deposits; such inquiries to be made by officers of the in- 
 spection department of the Army, or others detailed for that 
 purpose: Provided, That no officer so detailed shall be in 
 any way connected with the department or corps making 
 the disbursement. 1 Act of April 20, 1874, (18 Stat. L., 33). 
 
 479. That the reports of such inspections shall be made TO be reported 
 out and forwarded to Congress with the annual report of 
 
 the Secretary of War. Sec. 2, ibid. 
 
 RECEIPTS, DEPOSITS, AND DISBURSEMENTS. 
 
 480. All moneys appropriated for the use of the War and 
 Navy Departments shall be drawn from the Treasury, by 
 
 MU'. o, 1817, V. 
 
 warrants of the Secretary of the Treasury, upon the requi- 3, P . 367 ; May 7, 
 sitions of the Secretaries of those Departments respec-Mar.4,'i874\'v.i8,' 
 tively, countersigned by the Comptroller of the Treasury, 1 *' 19 ' 
 and registered by the proper Auditor. sec.3673,R.s. 
 
 481. No advance of public money shall be made in any Advances of 
 case whatever. And in all cases of contracts for the per- prohibited?. ney 
 formance of any service, or the delivery of articles of anys^^ 31 ' 1823 '^ 
 description, for the use of the United States, payment sec. 3648, B. s. 
 shall not exceed the value of the service rendered, or of 
 
 the articles delivered previously to such payment. 2 It 
 shall, however, be lawful, under the special direction of the 
 President, to make such advances to the disbursing officers 
 of the Government as may be necessary to the faithful and 
 prompt discharge of their respective duties, and to the 
 fulfillment of the public engagements. The President may 
 also direct such advances as he may deem necessary and 
 proper to persons in the military and naval service em- 
 ployed on distant stations, where the discharge of the pay 
 and emoluments to which they are entitled cannot be reg- 
 ularly effected. 
 
 482. No exchange of funds shall be made by any dis- . Exchange of 
 
 J J funds restricted. 
 
 bursing officer or agent of the Government, of any grade Aug. e, 1846, c. 
 
 J * _ 90, s. 20, v. 9, p. 61; 
 
 1 See paragraph 871, A. R., 1895. Feb. 22 > 1862 . c - 33 - 
 
 2 In the case of disbursing officers the policy of the Government has been to s - t |V 'ii 'I?A> 
 acknowledge no payments as made on its behalf save those which are authorized by ""fy **' 18 !?' 
 law. If an officer makes a mistake of law the payment is disallowed when his 1 ~ ^-l' v ' 1( J R 9* 
 accounts come in for settlement, and charged to him as if the money were still in 532 ! "f <>. l b <>, 
 his namls. McKim v. U. S., 12 C. Cls. It., 504, 532. Such officers are special agents c. 73, . 3, v. 12, p. 
 with very limited authority. Their duties are ministerial; they are to pay the Vfo HL it 
 money according to the law and the facts in each case, and if they make mistakes in c - 8 - Jd v> ld 
 either they are personally liable themselves, and the Government may, also, without P- 1UO - 
 
 doubt, maintain an action to recover back the money from the person wrongfully Q-I i> c 
 receiving it. No discretion or authority to decide controverted questions of law is sec ' * ool 8 * 
 intrusted to such officers. See dissenting opinion of Richardson, J., in McKee v. 
 U. S., 12 C. Cls. R., 504, 551. 
 
168 THE MILITARY LAWS OF THE UNITED STATES. 
 
 or denomination whatsoever, or connected with any branch 
 of the public service, other than an exchange for gold, sil- 
 ver, United States notes, and national-bank notes; and 
 every such disbursing officer, when the means for his dis- 
 bursements are furnished to him in gold, silver, United 
 States notes, or national-bank notes, shall make his pay- 
 ments in the money so furnished; or when they are fur- 
 nished to him in drafts, shall cause those drafts to be 
 presented at their place of payment, and properly paid 
 according to law, and shall make his payments in the 
 money so received for the drafts furnished, unless, in either 
 case, he can exchange the means in his hands for gold and 
 silver at par. And it shall be the duty of the head of 
 the proper Department immediately to suspend from duty 
 any disbursing officer or agent who violates the provi- 
 sions of this section, and forthwith to report the name 
 of the officer or agent to the President, with the fact of 
 the violation, and all the circumstances accompanying the 
 same, and within the knowledge of the Secretary, to the 
 end that such officer or agent may be promptly removed 
 from office or restored to his trust and the performance of 
 his duties, as the President may deem just and proper. 1 
 Premium on 483. No officer of the United States shall, either directly 
 
 sales of public . 
 
 moneys to be ac- or indirectly, sell or dispose of to any person, for a pre- 
 
 counted^or.^ ^ m i uin? anv Treasury note, draft, warrant, or other public 
 
 90>8>21 ' v ' 9 ' p ' 65 ' security, not his private property, or sell or dispose of the 
 
 Sec. 3652, B.S. avails or proceeds of such note, draft, warrant, or security, 
 
 in his hands for disbursement, without making return of 
 
 such premium, and accounting therefor by charging the 
 
 same in his accounts to the credit of the United States; 
 
 and any officer violating this section shall be forthwith 
 
 dismissed from office. 
 
 uS n to^e po f 8?t 484> Everv person who shall have moneys of the United 
 
 m Mar 's 1857 c States * n n * s nan( ls or possession and disbursing officers 
 
 in, s.'s.V. 11,' P ! having moneys in their possession not required for current 
 
 i896,v.29,p a i79.' expenditure, shall pay the same to the Treasurer, anassist- 
 
 5ec * 3621 ' R ' s * ant treasurer, or some public depositary of the United 
 
 States, without delay, and in all cases within thirty days of 
 
 their receipt. And the Treasurer, the Assistant Treasurer, 
 
 or the public depositary shall issue duplicate receipts for the 
 
 moneys so paid, transmitting, forthwith, the original to the 
 
 Secretary of the Treasury, and delivering the duplicate to the 
 
 depositor. 2 Sec. 5, act of May 28, 1896 (29 Stat. L., 179). 
 
 1 U. S. v. City Bank, 6 McLean, 130. 
 
 2 DISBURSING OFFICERS. 
 
 When an officer disburses money in different capacities, his deposits and accounts 
 will be kept distinct, according to the bureaus to which they pertain. (Par. 583, 
 A. R., 1895.) 
 
 Public moneys subject to disbursement coming into the hands of an officer from 
 any source must be promptly placed by him to his credit with the Treasurer or an as- 
 sistant treasurer of the United States, or a duly designated depositary, or transferred 
 to a disbursing officer of that branch of the public service to which the money per- 
 tains; in either of which cases a receipt will be obtained. Exceptions to this rule 
 
THE MILITARY LAWS OF THE UNITED STATES. 169 
 
 485. The Treasurer of the United States, all assistant Ce ^ 
 treasurers, and those performing the duties of assistant dians of public 
 treasurer * * * and all public officers of whatsoever m Auf.'V 1846, c. 
 
 -, -, /. i .-, , i 90, 8.6, v, 9, p. 60; 
 
 character, are required to keep safely, without loaning, j u i y 3,1852,0.54, 
 using, depositing in banks, or exchanging for other funds Mar. VissVc! 
 than as specially allowed by law, all the public money col- Jig. Apr.ViJt 
 lected by them, or otherwise at any time placed in their pos- Jgl^ j' r V 3 l f^' 
 session and custody, till the same is ordered, by the proper e. 96, *&'**> 
 Department or officer of the Government, to be transferred c. 2*4, a" 5%' 13, p'. 
 or paid out; and when such orders for transfer or payment SS?3^?4,v. 8 'i5^'. 
 are received, faithfully and promptly to make the same as 271< 
 directed, and to do and perform all other duties as fiscal Sec - 3639 ' R< s * 
 agents of the Government which may be imposed by any 
 law, or by any regulation of the Treasury Department made 
 in conformity to law. The President is authorized, if in his 
 opinion the interest of the United States requires the same, 
 to regulate and increase the sums for which bonds are, or 
 may be, required by law, of all district attorneys, collectors 
 of customs, naval officers, and surveyors of customs, navy 
 agents, receivers and registers of public lands, paymasters 
 in the Army, commissary -general, and by all other officers 
 employed in the disbursement of the public moneys, under 
 the direction of the War or Navy Departments. (See sees. 
 5489-5497, R. S.) 
 
 486. It shall be the duty of every disbursing officer hav- Duties of dis- 
 
 ,,. ., Liji-^-i-i A burning officers. 
 
 mg any public money intrusted to him tor disbursement, Juneu,i866,c. 
 to deposit the same with the Treasurer or some one of the J^' Feb.' IV^is??' 
 
 - c. 69, v. 19, p. 249. 
 
 are allowed where a disbursing officer has been specially authorized by the Secre- ec ogon w c 
 tary of War to keep in his personal possession, at his own risk, the public moneys k 
 which have been intrusted to him for disbursement, and money in hand may be dis- 
 bursed at once without being placed in depositories if payments are due. The 
 amount of subsistence funds which a commissary may keep in his personal posses- 
 sion, at his own risk, is stated in orders from the' War Department. (Par. 584, ibid.) 
 
 A disbursing officer ceasing to act as such and having public funds to his credit 
 in any office or bank will at once inform the Secretary of the Treasury, stating what 
 checks drawn against the same are still outstanding and unpaid. (Par. 585, ibid.) 
 
 No officer disbursing money for the military service, or directing the disburse- 
 ment thereof, shall be concerned individually, directly or indirectly, in the purchase 
 or sale of any article intended for, used by, or pertaining to the department of the 
 public service in which he is engaged. (Par. 587, A. K., 1895.) 
 
 No officer or clerk of a disbursing officer shall be interested in the purchase of any 
 soldier's certificate of pay due or any other claim against the United States. (Par. 
 588, ibid.) 
 
 Officers or agents in the military service will not purchase supplies for the Gov- 
 ernment from any other person in the military service, nor contract with any such 
 person to furnish supplies or service to the Government, nor make any Government 
 purchase or contract in which such person shall be admitted to share or receive 
 benefit. (Par. 589, ibid.) 
 
 Every disbursing officer, in opening his first account and before issuing any 
 checks, will furnish the depositary on whom the checks are to be drawn with his 
 official signature, duly verified by some officer whose signature is known to the 
 depositary. (Par. 591, ibid.) 
 
 For every Treasury draft received by a depositary to be placed to the official credit 
 of a disbursing officer, and for every deposit of funds made by the officer to his offi- 
 cial credit, subject to payment of his checks, a receipt, numbered in serial order and 
 giving the place and date of issue, will be furnished him by the depositary, setting 
 torth the character of the funds, i. e., whether coin or currency. If the credit is 
 made by a disbursing officer's check transferring funds, the essential items of the 
 check will be enumerated, and if by a Treasury draft, the warrant number. The 
 title of the officer will be expressed, and the title of the account will also show for 
 what branch of the public service it is kept. The receipt, called li a disbursing 
 officer's receipt," will be retained by the officer in whose favor it is made. (Par. 
 592, ibid.) 
 
 It is within the power of the accounting officers, in the settling of accounts of dis- 
 bursing officers, where it appears that an expenditure has been made from the 
 wrong appropriation, if the expenditure be right in itself and correct otherwise, to 
 charge the amount to the appropriation for which the expenditure is liable. If at 
 
170 THE MILITARY LAWS OP THE UNITED STATES. 
 
 assistant treasurers of the United States, and to draw for 
 the same only as it may be required for payments to be 
 made by him in pursuance of law; and draw for the same 
 only in favor of the persons to whom payment is made; 
 and all transfers from the Treasurer of the United States 
 to a disbursing officer shall be by draft or warrant on the 
 Treasury or an assistant treasurer of the United States. 
 In places, however, where there is no treasurer or assistant 
 treasurer, the Secretary of the Treasury may, when he 
 deems it essential to the public interest, specially authorize 
 in writing the deposit of such public money in any other 
 public depository, or, in writing, authorize the same to be 
 kept in any other manner, and under such rules and regu 
 lations as he may deem most safe and effectual to facilitate 
 the payments to public creditors. (See sec. 5488, R. 8.) 
 de E osi7t?fnsfe^ ^^' *^ persons charged by law with the safe keeping, 
 aMpayment 8 er> transfer, and disbursement of the public moneys, other 
 9o A 8 U f6 s v.9 8 t 6 63; than those connected with the Post Office Department, are 
 sec. 3643, R.S. required to keep an accurate entry of each sum received 
 and of each payment or transfer. 
 
 488 - A11 Slims appropriated for the various branches of 
 
 pI Ma? d 3 1809 c expenditure in the public service shall be applied solely to 
 28,8.i,V.'2,p.535!the objects for which they are respectively made and for 
 
 Feb. 12, 1868, c. 
 
 s, a. 2, v. is, p. 36. no others. 
 K e o'expe\!di - 489. No Department of the Government shall expend, in 
 
 d ap " an y one fiscal year, any sum in excess of appropriations 
 25i"s y 7 2 v 18 i 7 6' c ' ma( l e by Congress for that fiscal year, or involve the Gov- 
 251! ernment in any contract for the future payment of money 
 
 Sec. 3679, R.S. in excess of such appropriations. (See sees. 3733, 5503, 
 3732, R. 8.) _ _ 
 
 the time of the settlement the appropriation to which the expenditure is chargeable 
 is exhausted, the amount should be disallowed against the disbursing officer, and he 
 should be required to apply to Congress for relief (3 Dig Compt. Dec.. 36.) 
 
 Where one Department receives from another Department supplies which are 
 within the scope of appropriations belonging to each a reimbursement of the appro- 
 priation of the one from the appropriation of the other, of the cost of the supplies, 
 is not a violation of section 3678, Revised Statutes ; nor do the provisions of section 
 3618, Revised Statutes, apply to such case. (17 Opm. Att. Gen., 480. ) 
 
 PECUNIARY RESPONSIBILITY OF OFFICERS. 
 
 An officer will have credit for an expenditure of money made in obedience to the 
 order of his commanding officer. Every order issued by any military authority 
 which may cause an expenditure of money in a staff department will be given in 
 
 writing. One copy thereof will be forwarded by the officer receiving it to the head 
 of his department, and the other will be filed by the disbursing officer with his 
 voucher for the disbursement. If the expenditure be disallowed it will be charged 
 
 to the officer who ordered it. (Par. 653, A. R., 1895.) 
 
 Where purchases of army supplies are made in pursuance of an order issued by com- 
 petent military authority, said order, or a certified copy thereof, should be filed with 
 the first voucher on which payment for supplies is made and reference be made 
 thereto on all the others. (3 Dig. Compt. Dec., 1, 287.) 
 
 In questions of illegal expenditures made by an officer of the Army in obedience 
 to his superior, the paragraph of the Army Regulations -which provides that an 
 officer shall have credit for an expenditure of money or property made in obedience 
 to the order of his commanding officer, and that if the expenditure is disallowed it 
 shall be charged to the officer who ordered it, will, as a rule, be followed in determin- 
 ing which officer is to be held liable. Where there is a plain direction or prohibition 
 spread upon the statute books, which is as well known to an inferior as to a superior 
 officer, it is clearly binding upon both officers and, unless it can be affirmatively showt 
 that the inferior called the attention of the superior officer to the infringement of 
 law in the order, and that thereupon the superior renewed the order, the interior 
 officer must be held liable. (3 ibid., 147.) 
 
 If a payment made on the certificate of an officer as to the facts is afterwards 
 
THE MILITARY LAWS OF THE UNITED STATES. 171 
 
 PROCEEDS OF SALES. 
 
 MISCELLANEOUS RECEIPTS. 
 
 490. The gross amount of all moneys received from what- Proceeds of 
 ever source for the use of the United States, except as pV^ited without 
 otherwise provided in the next section, shall be paid by the de Mar! 1 3, n i849, c. 
 officer or agent receiving the same into the Treasury, at as "93 ; 8 'se P v t. 9 '28,' 
 early a day as practicable, without any abatement or deduc- Jfp ^ 78 ' 8 ' 3 ' v ' 
 tion on account of salary, fees, costs, charges, expenses, or sec.36i7,R.s. 
 
 disallowed for error of fact in the certificate, it will pass to the credit of the disbursing 
 officer and be charged to the officer who gave the certificate ; but the disbursing officer- 
 can not protect himself in an erroneous payment made without due care by charging 
 lack of care against the officer who gave the certificate. (Par. 654. A. R., 1895 ) 
 
 Paragraph 736 of the Army Regulations of 1884 (par. 736, A. R.. 1895) provides 
 that accounts paid on a certificate and afterwards disallowed for error of fact in tha 
 certificate shall pass to the credit of the disbursing officer and be charged to the 
 officer who gave the certificate. Held that it is the duty, however, of the disbursing 
 officer to exercise the utmost care and vigilance in the disbursement of the public 
 funds intrusted to him and it is his imperative duty to see that the entire amount 
 claimed is due and that payment thereof is fully warranted from the data given on 
 the muster roll or final statement If the information is not sufficient he must seek 
 for more He can not protect himself in an erroneous payment made without due 
 care, by charging a similar lack of care against the officer who gave the certificate. 
 (3 Dig.' Compt. Dec., 10.) 
 
 MONEY VOUCHERS, a 
 
 Vouchers will ordinarily be made in duplicate, or, if required in triplicate, and 
 the number made will be stated on each copy, (Par 631, A. R., 1895.) 
 
 The correctness of the facts stated on a voucher and the justness of the account 
 must be certified by an officer (Par. 632 A. R , 1895 ) 
 
 Every voucher in support of a payment for supplies, or for services other than by 
 the day or month, whether it be made pursuant to a formally prepared contract, an 
 accepted bid, or a purchase without advertising (unless it comes within the excepted 
 cases provided for in the following paragraph), must have attacbed to it an original 
 bill (b) furnished by the creditor, dated and signed by him or his authorized repre 
 st-iitative, giving his place of business or residence, and stating (if for supplies 
 furnished) the date of the purchase the quantity and price of each article and the 
 amount or (if for services other than by the day or month) the character of the 
 services, the date or dates on which rendered, and the amount. A voucher so accom- 
 panied will be made out in favor of the creditor, giving his address and may state 
 the account in general terms, with the aggregate amount only extended, and the 
 words "as per bill hereto attached.' or words of like import, added. Where a pur- 
 chase under an accepted bid after public notice is made in the Quartermaster's or 
 Subsistence Department, the voucher, besides being subject to the foregoing re- 
 quirements, will be accompanied by a copy of the public notice, the accepted bid, 
 and a copy of the letter accepting the bid, and must contain a certificate that the 
 award was made to the lowest responsible bidder for the best and most suitable 
 articles, and that the needs of the service required the purchase to be made in the 
 manner indicated by the public notice. Where papers relating to two or more 
 vouchers are required to accompany accounts, they must be filed with the first 
 voucher paid and reference thereto made on the other vouchers. A voucher for 
 services by the day or month must state the nature of the service, the inclusive 
 dates of service, the time for which payment is made, the rate of pay, and the 
 amount. (Par. 633, ibid.) 
 
 When a creditor is unable for any cause to make out his bill, or to have it made 
 out, the disbursing officer must set forth on the voucher all the details of the account, 
 as required for the bill by the preceding paragraph, and must give reasons in full on 
 the voucher why a bill is not furnished. Original bills need not be attached to 
 vouchers in the following cases, viz : Where, under a contract, quantities delivered or 
 amounts due are determined by a duly authorized inspector, and his certificate as to 
 the facts is filed with the voucher to which it pertains: where a bill of lading or 
 transportation req uest accompanies a voucher for transportation services performed 
 under public tariffs ; where a voucher is for telegraphic services at rates fixed by the 
 Postmaster General; where a voucher is for services by the day or month, or where 
 a creditor makes out his bill on a blank form of voucher and certifies to its correct- 
 ness. (Par. 634, ibid.) 
 
 The giving or taking of receipts in blank for public money is prohibited. (Par. 
 637, ibid.) 
 
 A voucher for funds disbursed will, before being signed by a public creditor, be 
 
 a. The word "voucher" can not bo construed as synonymous with the word 
 "receipt," it having a far broader signification in law. Any written evidence which 
 establishes facts entitling a disbursing officer to credit is a voucher. "The word 
 'voucher 'would seem to imply evidence, written or otherwise, of the truth of a fact." 
 (The People v. Green, 5 Daly, N. Y., 194; 3 Dig. Compt. Dec., 378.) 
 
 b. All vouchers rendered by disbursing officers or agents of the Engineer, Quar- 
 termaster's, and Subsistence Departments for purchases or services not under con- 
 tract, excepting services by the day or month, must be accompanied by the original 
 bills for the same, furnished by the person, firm, or corporation from whom the pur- 
 chase was made or by whom the service was rendered. In case any bill pertains to 
 more than one voucher, it should be filed with the first and reference made thereto 
 on each of the others. (3 Compt. Dec . , 381 . ) 
 
172 THE MILITARY LAWS OF' THE UNITED STATES. 
 
 claim of any description whatever. 1 But nothing herein 
 shall aflect any provision relating to the revenues of the 
 Post-Office Department, 
 proceeds of 491. All proceeds of sales of old material, condemned 
 
 sales of mate- 
 rials, stores, supplies, or other public property of any kind, ex- 
 
 140, s y 5,V. IT,' p'. cept the proceeds of the sale or leasing of marine hospitals, 
 
 83; Apr. 20, 1866, * * 
 
 c. 63, ss. i, 2, v. 14, or of the sales of revenue-cutters, or of the sales of com- 
 
 5847%. 48, a s!i, ?! missary stores to the officers and enlisted men of the Army, 
 
 1866, 1 299" 8^25! or of materials, stores, or supplies sold to officers or soldiers 
 
 uK?iS?i!of the Army, or of the sale of condemned Navy clothing, or 
 
 2?i !0ivr.%V ^ Sa ^ es f materials, stores, or supplies to any exploring or 
 
 24 s'ec.36i8,B.s. surveying expedition authorized bylaw, shall be deposited 
 
 and covered into the Treasury as miscellaneous receipts, on 
 
 account of "proceeds of Government property," and shall 
 
 made out in full, with the place of payment and the name, rank, regiment, or corps 
 of the paying officer entered in the receipt, and the exact amount of money written 
 put in words in the receipt. When vouchers are sent by mail for signature the date 
 in the receipt will be left blank, and the check in payment will not be drawn until 
 the vouchers are returned, properly signed, when the date of the check will be added 
 to the receipt, a (Par. 630, ibid.) 
 
 An order from the court appointing a receiver and showing his authority to act as 
 such should be filed with or referred to in every voucher or claim presented by him 
 for payment. (3 Dig. Compt. Dec., 378.) 
 
 The term "small amounts," as used in the Second Comptroller's decision of March 
 14, 1887, applies only to occasional payments of amounts deemed too insignificant to 
 justify the Government in demanding written evidence of an agent's authority to 
 receive and receipt for moneys, in accordance with the general rule. (3 ibid., 378.) 
 
 Receipts for small amounts for occasional service paid to corporations, such as 
 railroad, telegraph, turnpike, transfer, express, steamboat, hotel, newspaper, and 
 ice companies, may be signed by the local agent in charge of the business of the 
 company at the place where the service is rendered, or where it begins or terminates, 
 and the certificate of the officer making payment that the person to whom payment 
 was thus made was then the local agent of the company, in charge of its business at 
 the place designated, will be sufficient evidence of the agent's authority to receive 
 and receipt for the money paid. (Ibid.) 
 
 Under a resolution of the executive committee of the Western Union Telegraph 
 Company, passed November 24, 1886, any person in charge of any office of said com- 
 pany is authorized to receive and receipt for payments to said company, and receipts 
 by such persons for such payments are to be held as binding upon said company. 
 (Ibid., p. 379.) 
 
 All vouchers in support of payments of percentages retained under contracts must 
 be accompanied, as contemplated by section 277 of the Revised Statutes, by satis- 
 factory evidence, either primary or secondary, that the several amounts thereon paid 
 
 1 The necessary expenses of all sales of public property, including the services of 
 an auctioneer, are properly payable from the total receipts from such sale, unless 
 provision is specifically made in appropriation acts to meet such expenses. (3 Dig. 
 Compt. Dec., 323.) 
 
 All proceeds of sales of public property covered into the Treasury as miscellaneous 
 receipts should be charged and credited on account of "proceeds of Government 
 property," as contemplated by section 3618 of the Revised Statutes. (3 Dig. Compt. 
 
 Moneys received for stores, materials or supplies (except subsistence stores) sold 
 to officers, enlisted men, or exploring 
 be deposited to the credit of the 1 
 
 revert to the appropriation out of which originally expended, 
 useless ordnance material are expended under conditions prescribed by law. Proceeds 
 of sales of subsistence supplies are immediately available for the purchase of fresh 
 supplies. (Par. 614, A. R., 1895.) Under section 3692 of the Revised Statutes all 
 moneys received from the sale of materials, stores, or supplies to officers and sol- 
 diers of the Army can be applied to the liquidation of liabilities against the appro- 
 priation out of which they were originally expended, only during the fiscal year in 
 which the sale was made. (3 Dig. Compt. Dec., 322.) 
 
 The proceeds of sales of all public property, the disposition of which is not pro- 
 vided for by the preceding paragraph, after the expenses of sale have been deducted, 
 will be deposited to the credit of the Treasurer of the United States as " Miscel- 
 laneous receipts on account of proceeds of Government property," lor which certifi- 
 cates of deposit will issue, showing the name, rank, regiment or corps of the depositor, 
 the nature of the deposit, the kind of property, and the bureau to which it pertained. 
 (Par. 615, A. R., 1895.) 
 
 The transfer of public property from one bureau or Department to another is not 
 regarded as a sale. If money is received therefor, it may be used to replace such 
 stores and will be reported accordingly. (Par. 616, ibid.) 
 
 a Every voucher signed on behalf of any person, firm, or corporation by an agent 
 or attorney should bear the name of the proper firm, person, or corporation, followed 
 by the name of the agent or attorney. (3 Dig. Compt. Dec., 379.} 
 
 eriais or supplies (except suosistence stores) soia 
 :ig or surveying expeditions authorized by law will 
 Treasurer of the United States, and respectively 
 which originally expended. Proceeds of sales of 
 
THE MILITARY LAWS OF THE UNITED STATES. 173 
 
 not be withdrawn or applied, except in consequence of a 
 subsequent appropriation made by law. 1 
 
 492. So much of the appropriation for subsistence of the Appropriations 
 
 fo r subsistence 
 
 Army as may be necessary may be applied to the pur chase available tor pur- 
 of subsistence stores for sale to officers for the use of them- for sale to offi- 
 selves and their families and to commanders of companies Proceeds of 
 
 ... _ -salesavailablefor 
 
 or other organizations, tor the use of the enlisted men of similar pur- 
 their companies or organizations, and the proceeds of all c ch e i3o, Mar. 3, 
 sales of subsistence supplies shall hereafter be exempt 1875> v ' 18> p- 410- 
 from being covered into the Treasury and shall be imme- 
 diately available for the purchase of fresh supplies. Act of 
 March 3, 1875 (18 Stat. L., 410). 
 
 493. From and after the passage of this act the Secre- Sales of unserv- 
 tary of War be, and he is hereby, authorized and directed 1C junl22 nJ i874,' 
 to be caused to be sold in such manner, and at such times v ' 18 ' p * 
 
 and places, and in such quantities, as shall most conduce 
 to the interest of the United States, all obsolete and un- 
 serviceable ammunition and leaden balls, and the surplus 
 of pig lead in excess of two thousand tons now stored in 
 the various arsenals of the United States, and to cause the 
 
 liavi been retained, have since become payable, and have not previously been paid. 
 (Ibid.) 
 
 Hereafter vouchers in support of partial payments, or vouchers on which the 
 retention of percentages are noted, must be made in triplicate instead of duplicate. 
 One of said vouchers is to be retained by the disbursing officer and the other two to 
 be transmitted with his accounts to the accounting officers. The two vouchers so 
 transmitted are to be examined and compared when the officer's accounts are 
 adjusted and settled, one of them to be subsequently withdrawn by the Auditor and 
 filed as a subvoucher with and in support of the voucher on which the final payment 
 is made. (Ibid.) 
 
 It will be deemed a sufficient compliance with the requirement as to vouchers in 
 support of partial payments, including those on which percentages are retained, if 
 the vouchers intended to be withdrawn by the Third Auditor, after the necessary 
 action of the accounting officers thereon and filed as subvouchers with the proper 
 vouchers in support of final payments, be made without receipts and without copies 
 of any sub vouchers which may be filed with the original vouchers, but complete in 
 all other respects and certified to by the proper officers. (Ibid.) 
 
 When a payment has been made to correct an error occurring in a previous voucher, 
 the voucher on which the error was made, or other sufficient evidence of the error ; 
 should be transmitted with the accounts in which the disbursing officer claims credit 
 (Ibid., p. 380.) 
 
 Satisfactory evidence is required that commutation of sugar and coffee to enlisted 
 men traveling under orders has been properly authorized before credit can b 
 allowed a disbursing officer for a disbursement on that account. (Ibid.) 
 
 Vouchers on which percentages are retained, and which might otherwise be sus- 
 pended under the decisions relating to such vouchers, may be passed to the credit oi 
 the disbursing officer or agent rendering them when the vouchers on which thd 
 retained percentages are paid are embraced in the same settlement with those on 
 which the percentages are retained. (Ibid.) 
 
 Vouchers in support of the commutation of rations to soldiers on furlough should 
 be accompanied by the original furlough, or a certificate that the fact of payment 
 has been indorsed thereon, or other evidence sufficient to lessen the possibility of a 
 double payment of the account. (Ibid.) 
 
 Vcuchers in support of payments for telegrams on public business must be made 
 in the name of the company rendering the telegraphic service and receipted by its 
 proper officer or agent, as contemplated by paragraphs 726 and 727 of the Arrnv Reg- 
 ulations of 1889. (See paragraphs 641-644, A. R., 1895.) 
 
 The certificates required to accompany vouchers in support of payments for pur- 
 chases of supplies for the Army made by the Quartermaster's Department or by the 
 Subsistence Department, whether given singly or in a consolidated form, should be 
 written, stamped, or printed upon the voucher to which they pertain, and the papers 
 furnishing any portion of the evidence required in such cases must be filed with the 
 voucher to which they pertain, except when any such paper relates to two or more 
 vouchers, in which case it should be filed with the first of said vouchers and refer- 
 ence thereto made on the others. (Ibid.) 
 
 1 Under section 3618 of the Revised Statutes, paragraphs 491 ante and 592 post, all 
 proceeds of sales of old material, condemned stores, supplies, or other public prop- 
 erty of any kind, with certain specified exceptions, are to be deposited and covered 
 into the Treasury as miscellaneous receipts, on account of "proceeds of Govern- 
 ment property," and are not to be withdrawn or applied, except in consequence of a 
 subsequent appropriation made by law. (3 Dig. Compt. Dec., 322.) 
 
174 THE MILITARY LAWS OF THE UNITED STATES. 
 
 net proceeds of sirch sale, after paying all costs and ex- 
 penses of breaking up acid preparing said ammunition for 
 sale, and all the necessary expenses of such sale, including 
 the cost of transportation to the place of sale, to be cov- 
 ered into the Treasury of the United States with full ac- 
 cojints of said expenses. Act of June 22, 1874 (18 Stat. 
 L., 200). 
 saiesof useless 494. That the Secretary of the Navy is authorized to dis- 
 
 ord nance; pro- * v 
 
 ceeds available pose of the useless ordnance material on hand at public 
 
 for purchases of r , 
 
 new material, sale, according to Jaw, the net proceeds of which shall be 
 i875,V.i8,p a 388. tmrned into the Treasury; and an amount equal to the 
 same is hereby appropriated, to be applied to the purpoes 
 of procuring a supply of material adapted in manufacture 
 and calibre to the present wants of the service; but tbere 
 shall be expended, uu'der this provision, not more than 
 seventy-five thousand dollars in one year ; and in the case of 
 sale of like materials in the War Department, the proceeds 
 of which shall be turned into the Treasury, an amount 
 equal to the net proceeds of such sale is hereby appro- 
 priated for the purpose of procuring a supply of material 
 adapted in manufacture and calibre to the present wants 
 of the war service; and there shall be expended in the 
 War Department, under this provision, nfot more than 
 seventy-five thousand dollars in any one year. Act of 
 March 5, 1875 (18 Stat. L., 388). 
 
 ACCOUNTS. 
 
 juf 17*1862,0. 495t Ever 7 officer or agent of the United States who 
 593' Va'rVise 1 ?' rece i yes public money which he is not authorizad to retain 
 571' jui ^ISTO' as sa ^ arv > P a y> or emolument, shall render his accounts 
 c.295, s.' 15, V. i8J monthly. 1 Such accounts, with the vouchers necessary to 
 1877, c.' 69, v. 19! the correct and prompt settlement thereof, shall be sent 
 1894, v.28,V 206, by mail, or otherwise, to the Bureau to which they pertain, 
 sec. 3622, R. s. within ten days after the expiration of each successive 
 month, and, after examination there, shall be passed to the 
 proper accounting officer of the Treasury for settlement. 
 Disbursing officers of the Navy shall, however, render their 
 accounts and vouchers direct to the proper accounting 
 officer of the Treasury. In case of the non-receipt at the 
 Treasury or proper Bureau, of any accounts within a reason- 
 able and proper time thereafter, the officer whose accounts 
 are in default shall be required to furnish satisfactory 
 evidence of having complied with the provisions of this 
 section. Nothing herein contained shall, however, be 
 
 1 The forms for the rendition of accounts are prescribed by the Comptroller of the 
 Treasury. See, also, sec. 4 of the act of August 30, 1890, 26 Stat. L., 413, which 
 required such accounts to be rendered quarterly. 
 
THE MILITARY LAWS OF THE UNITED STATES. 175 
 
 construed to restrain the heads of any of the Departments 
 from requiring such other returns or reports from the 
 officer or agent, subject to the control of such heads of 
 Departments, as the public interest may require. (See 
 sec. 5491 R. 8., par. 502, post.) 
 
 496. All officers, agents, or other persons receiving pub- 
 lie moneys, shall render distinct accounts of the application 
 
 thereof, according to the appropriation under which 1809 c 
 
 same may have been advanced to them. j-s^ s. i, v. 2, p. 
 
 SUITS FOR RECOVERY OF MONEY. Sec. 3623, B. S. 
 
 497. Whenever any person accountable for public money, suits to recover 
 neglects or refuses to pay into the Treasury the sum or Mar.'a, 1797, c. 
 balance reported to be due to the United States, upon the 512. 8 ' 
 adjustment of his account, the Comptroller of the Treas- see. 3624, B.S. 
 ury shall institute suit for the recovery of the same, adding 
 
 to the sum stated to be due on such account, the commis- 
 sions of the delinquent, which shall be forfeited in every 
 instance where suit is commenced and judgment obtained 
 thereon, and an interest of six per centum per annum, from 
 the time of receiving the money until it shall be repaid into 
 the Treasury. 1 
 
 MISCELLANEOUS PROVISIONS. 
 
 498. Every officer charged with the payment of any of re ^n^ity for 
 the appropriations made by any act of Congress, who pay s j^ger sums than 
 to any clerk, or other employee of the United States, a Mar. a, 1353, c. 
 sum less than that provided by law, and requires such 239! 8 ' 
 employee to receipt or give a voucher for an amount greater sec. 5483, B.S. 
 than that actually paid to and received by him, is guilty 
 
 of embezzlement, and shall be fined in double the amount 
 so withheld from any employee of the Government, and 
 shall be imprisoned at hard labor for the term of two years. 
 
 499, Every disbursing officer of the United States who fic ^ 8 ^ r ilwfuii f " 
 deposits any public money intrusted to him in any place depositing, con- 
 
 .,.,,, . verting, loaning, 
 
 or in any manner, except as authorized by law, or converts or transferring 
 
 to his own use in any way whatever, or loans with or with- 
 
 out interest, or for any purpose not prescribed by law J^ 2 ' 8 * 2f v * u> p ' 
 
 withdraws from the Treasurer or any assistant treasurer, Sec>6488 ^g. 
 
 or any authorized depository, or for any purpose not pre- 
 
 scribed by law transfers or applies any portion of the public 
 
 money intrusted to him, is, in every such act, deemed guilty 
 
 of an embezzlement of the money so deposited, converted, 
 
 loaned, withdrawn, transferred, or applied; and shall be 
 
 'For other statutory provisions respecting the recovery of debts or balances due 
 the United States, see the titles "The Comptroller of the Treasury" and "The Au- 
 ditors of the Treasury " in the chapter entitled THE TREASURY DEPARTMENT, and 
 the title " Distress Warrants " in the chapter entitled THE PUBLIC MONEY. See also 
 U. S. v. Gau8sen,19WaH.,198. 
 
176 THE MILITARY LAWS OF THE UNITED STATES. 
 
 punished by imprisonment with hard labor for a term not 
 less than one year nor more than ten years, or by a fine of 
 not more than the amount embezzled or less than one thou- 
 sand dollars, or by both such fine and imprisonment. (See 
 sees. 3620, 5497, R. 8.) 
 
 Failure of 500. If the Treasurer of the United States, or any assist- 
 keep ant treasurer, or any public depositary, fails safely to keep 
 
 pl Mar.,S!'c. all moneys deposited by any disbursing officer or disburs- 
 
 249. s< 2 ' v ' Ul p " i n agent, as well as all moneys deposited by any receiver, 
 
 sec. 5*89 B . s . c Hector, or other person having moneys of the United 
 
 States, he shall be deemed guilty of embezzlement of the 
 
 moneys not so safely kept, and shall be imprisoned not less 
 
 than six months nor more than ten years, and fined in a 
 
 sum equal to the amount of money so embezzled. (See sec. 
 
 3639, R. S.) 
 
 Custodians of 501. Every officer or other person charged by any act of 
 Famns ^safely Congress with the safe-keeping of the public moneys, who 
 
 keep, without _ .. 
 
 loaning, etc. fails to safely keep the same, without loaning, using, con- 
 
 Aug 6, 1846, c. ,. ,r '*.>'> v, i 
 
 90, s. 16, v. 9, p. verting to his own use, depositing in banks, or exchanging 
 63 sec. 6490, R.S. for other funds than as specially allowed by law, shall 
 be guilty of embezzlement of the money so loaned, used, 
 converted, deposited, or exchanged, and shall be imprisoned 
 not less than six mouths nor more than ten years, and fined 
 in a sum equal to the amount of money so embezzled. (See 
 sec. 3639, R. S.) 
 
 ce^rendeV^ 502 ' Everv ffi cer or agent of the United States who, 
 counts, etc. having received public money which he is not authorized 
 
 July 17, 1862, c. * . 
 
 199, s. i, v. 12, p. to retain as salary, pay, or emolument, fails to render his 
 2 ivp. accounts for the same as provided by law, shall be deemed 
 e! gui^y of embezzlement, and shall be fined in a sum equal 
 iMG 33 * 'so" 1 ?' if * the amoun t of the money embezzled, and shall be im- 
 v< <?' p k!SLi i c prisoned not less than six months or more than ten years. 
 
 NCC O'Ttrl* A* N * 
 
 (See sees. 3622, 3633, R. S.) 
 
 Failure to de- 503. Every person who, having moneys of the United 
 
 p0 Mar S ri857, e c.' States in his hands or possession, fails to make deposit of 
 
 249'; AugTe.YwS,' the same with the Treasurer, or some assistant treasurer, 
 
 <^90;8.i6,v.9,p. or some public depositary of the United States, when re- 
 
 sec. 5492, B.S. quired so fo ft o ^y ^ ne Secretary of the Treasury, or the 
 
 head of any other proper Department, or by the account- 
 
 ing officers of the Treasury, shall be deemed guilty of em- 
 
 bezzlement thereof, and shall be imprisoned not less than 
 
 six months nor more than ten years, and fined in a sum 
 
 equal to the amount of money embezzled. 
 
 Provisions of 504. The provisions of the five preceding sections shall 
 
 the five preced- * r j _ 
 
 ing sections, con- be construed to apply to all persons charged with tne sate- 
 8 Aug.' 6, 1846, c. keeping, transfer, or disbursement of the public money, 
 . 6 |; whether such persons be indicted as receivers or deposita- 
 ries of the sam (See sees. 3615-3652,3 R. S.) 
 
 c! 
 
THE MILITARY LAWS OF THE UNITED STATES. 177 
 
 505. Upon the trial of any indictment against any per- 
 
 son for embezzling public money under the provisions of d e ?ceof 'embel- 
 the six preceding sections, it shall be sufficient evidence? ^^^ 1846 c 
 for the purpose of showing a balance against such person, ' 
 
 to produce a transcript from the books and proceedings of 
 the Treasury, as required in civil cases, under the provi- 
 sions for the settlement of accounts between the United 
 States and receivers of public money. 1 (See sees. 3625, 
 3633, R. 8.) 
 
 506. The refusal of any person, whether in or out of office, 
 
 charged with the safe-keeping, transfer, or disbursement of evidence of em. 
 
 & bezzlement. 
 
 the public money, to pay any draft, order, or warrant drawn ibid. 
 upon him by the proper accounting officer of the Treasury, 
 for any public money in his hands belonging to the United 
 States, no matter in what capacity the same may have been 
 received, or may be held, or to transfer or disburse any such 
 money promptly, upon the legal requirement of any author- 
 ized officer, shall be deemed, upon the trial of any indict- 
 ment against such person for embezzlement, as prima-facie 
 evidence of such embezzlement. (See sec. 3644, R. S.) 
 
 507. If any officer charged with the disbursement of the C onTeSn e f 
 public moneys, accepts, receives, or transmits to the Treas- sec. d 5496,B.s. 
 ury Department to be allowed in his favor, any receipt or 
 
 voucher from a creditor of the United States, without 
 having paid to such creditor in such funds as the officer 
 received for disbursement, or in such funds as he may be 
 authorized to take in exchange, the full amount specified 
 in such receipt or voucher, every such act is an act of con- 
 version, by such officer, to his own use, of the amount 
 specified in such receipt or voucher. (See sec. 3652, R. S.) 
 
 508. Every banker, broker, or other person not an author- 
 ized depositary of public moneys, who knowingly 
 
 from any disbursing officer, or collector of internal revenue, ment- 
 
 or other agent of the United States, any public money on c. i22, e s . 3,v. u| 
 
 deposit, or by way of loan or accommodation, with or with- P s 6 e 5 c. 5497, B.S. 
 
 out interest, or otherwise than in payment of a debt against 
 
 the United States, or who uses, transfers, converts, appro- 
 
 priates, or applies any portion of the public money for any 
 
 purpose not prescribed by law, and every president, cash- 
 
 ier, teller, director, or other officer of any bank or banking 
 
 association, who violates any of the provisions of this sec- 
 
 tion, is guilty of an act of embezzlement of the public money 
 
 so deposited, loaned, transferred, used, converted, appro- 
 
 priated, or applied, and shall be punished as prescribed in 
 
 section fifty-four hundred and eighty-eight. (See sees. 3639, 
 
 3651, R. S.) 
 
 1 See TJ. S. v Gausseu, 19 Wall., 198. 
 
 -12 
 
178 THE MILITARY LAWS OF THE UNITED STATES. 
 
 officers, etc., 5Q9. Every officer of the United States, or person hold- 
 
 interested in 
 
 cl Feb S 26 1853 c * D ^ an y P^ ace * trust or profit, or discharging any official 
 
 si, s. 2, v. 10, 'p.' function under, or in connection with, any Executive De- 
 sec. 5498, R. s. partment of the Government of the United States, or under 
 the Senate or House of Representatives of the United 
 States, who acts as an agent or attorney for prosecuting 
 any claim against the United States, or in any manner, or 
 by any means, otherwise than in discharge of his proper 
 official duties, aids or assists in the prosecution or support 
 of any such claim, or receives any gratuity, or any share 
 of or interest in any claim from any claimant against the 
 United States, with intent to aid or assist, or in considera- 
 tion of having aided or assisted, in the prosecution of such 
 claim, shall pay a fine of not more than five thousand dol- 
 lars, or suffer imprisonment not more than one year, or 
 both. 1 
 
 officer te a d cceptS 510< Everv officer of the United States, and every per- 
 sou ac ting f r or on behalf of the United States, in any 
 
 184 U s 1: 62 13; vr 18 i4 ' offici^ capacity under or by virtue of the authority of any 
 168 i M i r - Vo 63< department or office of the Government thereof : and every 
 
 c. 76, s.6, v. 12, p. r 
 
 740; July 18,^866, officer or person acting for or on behalf of either House of 
 P. we. ' Congress, or of any committee of either House, or of both 
 
 * Houses thereof, who asks, accepts, or receives any money, 
 or any contract, promise, undertaking, obligation, gratuity, 
 or security for the payment of money, or for the delivery 
 or conveyance of anything of value, with intent to have 
 his decision or action on any question, matter, cause, or 
 proceeding which may, at any time, be pending, or which 
 may be by law brought before him in his official capacity, 
 or in his place of trust or profit, influenced thereby, shall 
 be punished as prescribed in the preceding section. (See 
 sec. 5451, R. S.) 
 
 O ffice rfeiture f ^** Every member, officer, or person, convicted under 
 ^Feb. 26^i853,c. the provisions of the two preceding sections, who holds 
 i7i. ' ' any place of profit or trust, shall forfeit his office or place; 
 
 * and shall thereafter be forever disqualified from holding 
 any office of honbr, trust, or profit under the United States. 1 
 
 traS-ln 61 be omi ^^' ^ ver v officer of the Government who knowingly 
 specific appro- contracts for the erection, repair, or furnishing of any public 
 
 priation. , .. .. _ , ,. . 
 
 July 25, 1868, c. building, or for any public improvement, to pay a larger 
 233, s. 3, v. 15, P . amount than the specific sum appropriated for such pur - 
 
 Sec. 5508, B. s. p Oge ^ sna ji |j e punished by imprisonment not less than six 
 months nor more than two years, and shall pay a fine of 
 two thousand dollars. (See sec. 3733, R. S.) 
 
 1 Section 5500, above referred to, but here omitted, relates to the offense of bribery 
 when committed by a judge of a court of the United States, 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 179 
 
 COUNTERFEIT MONEY. 
 
 513, That all United States officers charged with 
 receipt or disbursement of public moneys, and all officers u counterfeit " as 
 of national banks, shall stamp or write in plain letters the 
 word " counterfeit," " altered" or u worthless," upon all 
 fradulent notes issued in the form of, and intended to cir- 
 culate as money, which shall be presented at their places 
 of business; and if such officers shall wrongfully stamp 
 any genuine note of the United States, or of the national 
 banks, they shall, upon presentation, redeem such notes at 
 the face- value thereof. Sec. 5, act of June 30, 1876 (19 
 Stat. L., 64). 
 
 LOST CHECKS DUPLICATE CHECKS. BONDS. 
 
 Par. 
 
 515. Examination and renewal of 
 bonds. \ 
 
 Par. 
 
 514. Check lost, stolen, or de- 
 stroyed may be duplicated, 
 but not for sum exceeding 
 
 $2,500. 
 
 514, Whenever any original check is lost, stolen, or check ^ 
 destroyed, disbursing officers and agents of the United stroyed 'may be 
 
 , duplicated, but 
 
 States are authorized, after the expiration of six months, not for sum ex- 
 and within three years from the date of such check, to ce Jeb^e, 2 i885,'v. 
 issue a duplicate check ; and the Treasurer, assistant treas- sic. 3646, B. s. 
 urers, and designated depositaries of the United States 
 are directed to pay such duplicate checks, upon notice and 
 proof of the loss of the original checks, under such regu- 
 lations in regard to their issue and payment, and upon the 
 execution of such bonds, with sureties, to indemnify the 
 United States, as the Secretary of the Treasury shall pre- 
 scribe. This section shall not apply to any check exceed- 
 ing in amount the sum of twenty-five hundred dollars.i 
 Act of February 16, 1895 (23 Stat. L., 306). 
 
 In case the disbursing officer or agent by whom such 
 lost, destroyed, or stolen original check was issued is dead, 
 or no longer in the service of the United States, it shall 12 
 be the duty of the proper accounting officer, under such 
 regulations as the Secretary of the Treasury shall pre- 
 
 1 The following paragraph of the Army Regulations of 1895 prescribes a method 
 of procedure in the case of a check which has been lost or destroyed : 
 
 "When an original check of a disbursing officer, not exceeding $2,500 in amount, 
 has been lost or destroyed, a duplicate check may be issued by him, after six months 
 and within three years of the date of the original, upon the owner filing with him 
 the notice and proof of loss and the indemnity bond required by sections 3646 and 
 3647, Revised Statutes, and act of February 16, 1885. In case the disbursing officer 
 who issued the original check is no longer in the service, the notice and proof of 
 loss, and the indemnity bond will be sent to the Secretary of the Treasury prior to 
 the issue of a duplicate check. The proper accounting officer of the Treasury will 
 state an account in favor of the owner of said check and charge the amount thereof 
 to the account of such officer. Instructions for the execution and use of the affida- 
 vit and bond, and the issue of the duplicate check, accompany the blank form fur- 
 nished by the Treasury Department." (Par. 599, A, It., 1890.) 
 
180 THE MILITARY LAWS OF THE UNITED STATES. 
 
 scribe, to state an account in favor of the owner of such 
 original check for the amount thereof, and to charge such, 
 amount to the account of such officer or agent. 1 
 
 EXAMINATION AND RENEWAL OF BONDS. 
 
 Examination 515. Hereafter every officer required by law to take and 
 bonds. approve official bonds shall cause the same to be examined 
 
 67 2> at least once every two years for the purpose of ascertain- 
 ing the sufficiency of the sureties thereon; and every officer 
 having power to fix the amount of an official bond shall 
 examine it to ascertain the sufficiency of the amount 
 thereof and approve or fix said amount at least once in 
 two years and as much oftener as he may deem it necessary. 
 Hereafter every officer whose duty it is to take and 
 approve official bonds shall cause all such bonds to be 
 renewed every four years after their dates, but he may 
 require such bonds to be renewed or strengthened oftener 
 if he deem such action necessary. In the discretion of 
 such officer the requirement of a new bond may be waived 
 for the period of service of a bonded officer after the 
 expiration of a four-year term of service pending the 
 appointment and qualification of his successor: Provided, 
 That the nonperformance of any requirement of this sec- 
 tion on the part of any official of the Government shall 
 not be held to affect in any respect the liability of principal 
 or sureties on any bond made or to be made to the United 
 States: Provided further, That the liability of the principal 
 and sureties on all official bonds shall continue and cover 
 the period of service ensuing until the appointment and 
 qualification of the successor of the principal: And pro- 
 vided further, That nothing in this section shall be con- 
 strued to repeal or modify section thirty-eight hundred 
 and thirty-six of the Revised Statutes of the United States. 
 Sec. 5, act of March 2, 1895 (28 Stat. L., 807). 
 
 1 For provisions of law respecting outstanding checks and accounts of disbursing 
 officers which have remained unchanged 1'or three years see paragraphs 219, 220, and 
 221, ante. 
 
CHLAJPTER 
 
 THE ADJUTANT-GENEKAL'S DEPARTMENT. 
 
 Par. 
 
 516. The Adjutant-General's De- 
 
 partment ; composition. 
 
 517. Vacancies to be filled from 
 
 the line. 
 
 Par. 
 
 518. To act as assistant inspectors- 
 
 general. . 
 
 519. Monthly returns. 
 
 516. That tlie Adjutant-General's Department of the The Adjutant- 
 Army shall consist of one Adjutant-General, with the rank, partment; com- 
 pay, and emoluments of brigadier- general; four assistant p Feb28, mi, v. 
 adjutants general, with the rank, pay, and emoluments of ISH v*2s^> U 2u! 
 colonel ; six assistant adjutants-general, with the rank, pay, Sec * * ' B ' s ' 
 and emoluments of lieutenant-colonel ; and four assistant 
 adjutants general, with the rank, pay, and emoluments of 
 major : Provided, That the vacancies in the grade of colonel 
 and lieutenant- colonel created by this act shall be filled 
 by the promotion by seniority of the officers now in the 
 Adjutant General's Department. 1 Acts of February 28, 
 1887 (24 Stat. L., 424), and August 6, 1894 (28 Stat. L., 234}. 
 
 1 The organization of this Department as fixed in section 1128, Revised Statutes, 
 has been modified by the acts of February 28, 1887 (24 Stat. L., 434), and August 6, 
 1894 (28 Stat. L., 2:54). The last-named statute contains the provision "that there 
 shall be no appointment of assistant adjutant-general with the rank of major until 
 the number of such officers in that grade shall be reduced below four and thereaf- 
 ter the number of such officers in that grade shall be fixed at four." For general 
 provisions respecting appointments and promotions in this Department, see the 
 chapter entitled THE STAFF DEPARTMENTS. 
 
 The Adjutant-General's Department is the bureau of orders and records of the 
 Army. Orders and instructions emanating from the War Department or Army 
 Headquarters and all general regulations are communicated to troops and individuals 
 in the military service through the Adjutant-General. His office is the repository 
 for the records of the War Department which relate to the personnel of the perma- 
 nent military establishment and militia in the service of the United States, to the 
 military history of every commissioned officer and soldier thereof, and to the move- 
 ments and operation of troops. 
 
 The records of all appointments, promotions, resignations, deaths, and other cas- 
 ualties in the Army, the preparation and distribution of commissions, and the 
 compilation and issue of the Army Register and of information concerning exami- 
 nations for appointment and promotion pertain to the Adjutant-General's Office. 
 
 The Adjutant-General is charged, under the direction of the Secretary of War, 
 with the management of the recruiting service, the collection and classification of 
 military information in regard to our own and foreign countries, the preparation of 
 instructions to officers detailed to visit encampments of militia, and the digesting, 
 arranging, and preserving of their reports; also the preparation of the annual 
 returns of the militia required by law to be submitted to Congress. Requests for 
 military information which require action on the part of any military attache of the 
 United States will be made to the Adjutant-General of the Army. (Par. 748, 
 A. R., 1895.) 
 
 In the Adjutant-General's Office the names of all enlisted soldiers are enrolled, 
 enlistments and descriptive lists filed, deaths, discharges, desertions, etc., recorded, 
 the general returns of the Army consolidated, returns of regiments and posts and 
 all muster rolls, and the inventories of effects of deceased officers and soldiers pre- 
 served. (Par. 749, ibid.) For other duties pertaining to this Department, see para- 
 graphs 750-788 and 804-806, A. R. of 1895. 
 
 181 
 
182 THE MILITARY LAWS OF THE UNITED STATES. 
 
 frl^fhe ci iine lled 517t A11 vacancies in the grade of major, in the Adjutant- 
 200 U s y 22 7 V 18 i 6 2 2 ' c ' General ' s Department, shall, when filled, be filled by selec- 
 597'; Mar. a, 1869, tions from the next lowest grade in the line of the Army. 
 
 c. 124, s. 6, v. 15, p. 
 
 318; Apr. 10, 1869, res. 11, v. 16, p. 53 ; Aug. 6, 1894, v. 28, p. 234. Sec. 1129, R. S. 
 
 TO act as as- 518. Assistant adjutants-general shall, in addition to their 
 
 sistant inspect- J 
 
 ors general. own duties, perform those of assistant inspectors-general, 
 
 July 5, 1838, c. 
 
 162, s. 7, v. 5, p when the convenience of the service requires them to do so. 
 
 257; June 18, 1846, 
 
 c.29, s. 6, v. 9, p. 18; Mar. 3, 1847, c. 61,8. 2, v. 9, p. 184; July 19, 1848 c. 
 
 104, 8. 3, v. 9, p. 247 ; Mar. 2, 1849, c. 83, s. 4, v. 9, p. 351. Sec. 1130, R. S. 
 
 RETURNS OF TROOPS. 
 
 Monthly re- 519. Every officer commanding a regiment, an independ- 
 7 Art. war. ent troop, battery, or company, or a garrison, shall, in the 
 beginning of every month, transmit through the proper 
 channels, to the Department of War, an exact return of 
 the same, specifying the names of the officers then absent 
 from their posts, with the reasons for and the time of their 
 absence. And any officer who, through neglect or design, 
 omits to send such returns, shall, on conviction thereof, be 
 punished as a court-martial may direct. 1 Seventh article 
 of war. 
 
 1 Commanders of departments, corps, and posts will make to the Adjutant-Gen- 
 eral's Office, in Washington, monthly returns of their respective commands on 
 forms furnished by the Adjutant-General of the Army, and in accordance with the 
 directions printed thereon. In like manner company commanders will make monthly 
 returns of their companies to regimental headquarters. (Par. 789, A. R., 1895.) 
 
 For instructions relating to the preparation of monthly returns see paragraphs 
 789-798, Army Regulations, 1895. 
 
CHAPTER XV. 
 
 THE INSPECTOR-GENERAL'S DEPARTMENT. 
 
 Par. 
 
 520. The Inspector-General's De- 
 
 partment; composition. 
 
 521. Expert accountant. 
 
 522. Inspections of public works 
 
 and disbursements. 
 
 523. Limitation on mileage. 
 
 Par. 
 
 524. Inspection of volunteer sol- 
 
 diers' homes. 
 
 525. Annual inspection of military 
 
 prison. 
 
 526. Inspectors-general to desig- 
 
 nate articles for sale, etc. 
 
 520. That the Inspector-General's Department of the inspector Gen- 
 
 eral s Dep art- 
 Army shall hereafter consist of one Inspector- General, with ment. 
 
 the rank, pay, and emoluments of brigadier-general; two 23, P . 297. 
 inspectors-general, with the rank, pay, and emoluments of 
 colonel; two inspectors-general, with the rank, pay, and 
 emoluments of lieutenant-colonel ; and two inspectors- gen- 
 eral, with the rank, pay, and emoluments of major: Pro- 
 vided, That the offices restored to the Inspector- General's 
 Department, or added thereto, by this act, shall be filled 
 by promotion of the officers now in that department; and 
 that thereafter appointments to fill vacancies l in the In- 
 
 J The rank of brigadier-general was conferred upon the senior Inspector-General 
 by the act of December 12, 1878 (20 Stat. L., 257). Vacancies in this department 
 are filled by selection from the next lowest grade in the line of the Army. The 
 organization prescribed for this department in section 1131, Revised Statutes, as 
 modified by the act of June 23, 1874 (18 Stat. L., 244), was replaced by the act of Feb- 
 ruary 5, 1885, above cited. Act of August 6, 1894 (28 Stat. L., 234). The act of June 
 23, 1874 (18 Stat. L., 244), contained a provision authorizing the Secretary of War to 
 "detail officers of the line, not to exceed four, to act as assistant inspectors-general: 
 Provided, That officers of the line detailed as acting inspectors-general shall have 
 all the allowances of cavalry officers of their respective grades." 
 
 For general provisions respecting appointments and promotions in this depart- 
 ment see the chapter entitled THE STAFF DEPARTMENTS 
 
 The duties of inspectors-general are defined in the following paragraphs of the 
 Army Regulations of 1895: 
 
 Officers of the Inspector-General's Department will inspect once in each year all 
 military commands, garrisoned posts, and camps, and once in two years such ungar- 
 risoued posts and national cemeteries as can be visited without departing materially 
 from the routes of other prescribed inspections. (Par. 867, A. R., 1895.) 
 
 Inspections of the Military Academy will be made only under specific instructions 
 given in each case by the Secretary of War, and inspections of the service schools, 
 in so far as they are distinct from posts, under similar instructions given by the 
 Secretary of War or the Commanding General of the Army. (Par. 869, ibid.) 
 
 The military department of civil institutions of learning at which officers of the 
 Army are detailed will be inspected annually, near the close of the college year, 
 uuder specific instructions. The inspecting officer, upon his arrival at the institu- 
 tion, will apply to the president or the administrative officer thereof for such aid or 
 facilities as he may require. His report will be sent to the Inspector-General of the 
 Army, then to the Adjutant-General of the Army for note and return, and a copy 
 furnished the president of the institution by the War Department. (Par. 870, ibid.) 
 
 The sphere of inquiry of the Inspector-General's Department includes every 
 branch of military affairs except when specially limited in these regulations or in 
 orders. Inspectors-general and acting inspectors-general will exercise a comprehen- 
 sive and general observation within their respective districts over all that pertains 
 to the efficiency of the Army, the condition and state of supplies of all kinds, of 
 arms and equipments, of the expenditure of public property and moneys, and the 
 condition of accounts of all disbursing officers of every branch of the service; of 
 
 183 
 
184 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Expert 
 countant. 
 
 public works and 
 disbursem ents . 
 
 Apr. 20, 1874, v 
 18, p. 33. 
 
 spector-GeneraPs Department, and promotions therein, 
 shall be made in conformity with sections eleven hundred 
 and twenty-nine, eleven hundred and ninety-three, and 
 twelve hundred and four of the Revised Statutes of the 
 United States, and in the same manner as in the other 
 staff departments of the Army. And all laws or parts of 
 laws conflicting with this act are hereby repealed. Act 
 of February 5, 1885 (23 Stat. L., 297}. 
 
 521. For pay of one expert accountant for the Inspector- 
 26 Feb 7Vl 4> 1891>v ' General's Department, to be appointed in case of vacancy, 
 by the Secretary of War, two thousand five hundred dol- 
 lars. l Act of February 24, 1891 (26 Stat. L., 773). 
 inspections of 522. That it shall be the duty of the Secretary of War 
 to cause frequent inquiries to be made as to the necessity, 
 economy, and propriety of all disbursements made by 
 disbursing officers of the Army, and as to their strict con- 
 formity to the law appropriating the money; also to ascer- 
 tain whether the disbursing officers of the Army comply 
 with the law in keeping their accounts and making their 
 deposits ; such inquiries to be made by officers of the Inspec- 
 tion Department of the Army, or others detailed for that 
 purpose : Provided, That no officer so detailed shall be in 
 any way connected with the department or corps making 
 Reports of in- the disbursement. That the reports of such inspections 
 ^jj ^e made out and forwarded to Congress with the 
 annual report of the Secretary of War. 2 Sees 1 and 2, act 
 of April 20, 1874 (18 Stat. L., 33). 
 
 the conduct, discipline, and efficiency of officers and troops, and report with strict 
 impartiality in regard to all irregularities that may be discovered. From time to time 
 they will make such suggestions as may appear to them practicable for the cure of 
 any defect that, may come under their observation. (Par. 857, ibid.) 
 
 Inspectors-general and acting inspectors-general are under the orders of the Sec- 
 retary of War and the Commanding General of the Army only, and all orders not 
 confidential will be issued from the Adjutant-General's Office and transmitted to 
 them through the Inspector-General of 'the Army. They will make the general 
 inspections within the limits of their respective districts, and will each be allowed 
 the necessary clerks and one messenger, who will be assigned by the Secretary of 
 War. (Par. 858. ibid.) 
 
 See also paragraphs 859-866, 872-875. and 878-889, A. R., 1895. 
 
 1 For statutory provisions respecting the mileage of this officer see the act of Feb- 
 ruary 27, 1893 (27 Stat. L., 430). Par. 634, post. 
 
 2 INSPECTIONS OF PUBLIC WORKS AND DISBURSEMENTS. 
 
 The inspection contemplated in this provision is that required by the act of April 
 20, 1874 (18 Stat. L.. 33). See also Chapter XLI, entitled THE NATIONAL HOME FOR 
 DISABLED VOLUNTEER SOLDIERS. 
 
 All depots, armories, arsenals, and public works of every kind under charge of 
 officers of the Army, except works of engineering conducted under the direction 
 of the Secretary of War and supervision ot the Chief of Engineers, will be inspected 
 annually by officers of the Inspector-General's Department. These inspections will 
 include military and business administration and methods, but will not extend to the 
 scientific or technical character of work, for which the officer in charge is responsible, 
 through the head of his department, to the Secretary of War. (Par. 808, A. R., 1895.) 
 
 Inspectors general and acting inspectors-general will inquire as to the necessity, 
 economy, and propriety of all disbursements, their strict conformity to the law appro- 
 priating the money, and whether the disbursing officers comply with the law in 
 keeping their accounts and making their deposits. A statement of receipts and 
 expenditures and of the distribution of funds, with a list of outstanding checks, on 
 forms furnished by the Inspector-General of the Army, will be submitted by the 
 disbursing officer to the inspector, who should immediately transmit the list of out- 
 standing checks to the several depositories. Upon return from a depository, balances 
 
THE MILITARY LAWS OF THE UNITED STATES. 185 
 
 523. Hereafter no portion of the appropriation for mile- mi ^itation on 
 age to officers traveling on duty without troops shall be 28 AuK j ' 1894 v - 
 expended for inspections or investigations, except such as 
 
 are especially ordered by the Secretary of War, or such 
 as are made by Army and department commanders in visit- 
 ing their commands, and those made by Inspector-General's 
 Department m pursuance of law, Army regulations, or 
 orders issued by the Secretary of War or the Commanding 
 General of the Army; and all orders involving the pay- 
 ment of mileage shall state the special duty enjoined. Act 
 of August 6, 1894 (28 Stat. L., 237). 
 
 524. The Secretary of War shall hereafter exercise the inspection of 
 
 . , , ,. , volunteer sol- 
 
 same supervision over all receipts and disbursements on diers' homes, 
 account of the volunteer soldiers 7 homes as he is required 27, p & 653.' 
 by law to apply to the accounts of disbursing officers of the 
 Army. 1 Act of March 3, 1893 (27 Stat. L., 653). 
 
 525. One of the inspectors-general of the Army shall, at tio 
 least once each year, visit the prison for the purpose of P^son. 19 
 examining into the books and all the affairs thereof, and v. 26, p. 722. 
 ascertaining whether the laws, rules, and regulations 
 relating thereto are complied with, the officers are compe- 
 tent and faithful, and the convicts properly governed and 
 employed, and at the same time treated with humanity and 
 kindness. And it shall be the duty of the inspector, at 
 
 once, to make full report thereof to the Secretary of War. 
 
 526. The officers of the Subsistence Department shall eSTdeTgK 
 procure, and keep for sale to officers and enlisted men at jjj* cle8 for 8ale > 
 cost prices, for cash or on credit, such articles as may, from 18 f| c ; 2 ^ Jul f 3 | 8t 
 time to time, be designated by the inspectors-general of se'c.ii44,'R.s. 
 the Army. An account of all sales on credit shall be kept, 
 
 and the amounts due for the same shall be reported monthly 
 to the Paymaster-General. See sections 1299 and 1300, 
 Rev. Stat. (paragraphs 659 and 660, post). 
 
 will be verified and noted on the inspection report, which will then be forwarded 
 to the Inspector-General. The list of outstanding checks will be retained by the 
 inspector and a copy, with indorsements thereon, sent to the Inspector-General. 
 (Par. 876. ibid.) 
 
 When an officer ceases to act as a disbursing officer, he will submit to the officer to 
 whom the inspection pi his accounts has been assigned a statement of his money 
 accounts from date of last inspection to and including the closing of his accounts, 
 with a list of outstanding checks. If an inspection be impracticable, the statement 
 will be forwarded to the Inspector-General of the Army. (Par. 877, ibid.) 
 
 The inspection of disbursements and money accounts of disbursing officers re- 
 quired by act of April 20, 1874, will be made by officers of the Inspector-General's 
 Department or others detailed for that purpose, and, as far as practicable, at irregu- 
 lar intervals ; but no officer so detailed shall be in any way connected with the corps 
 oi staff department making the disbursement. The frequency of these inspections 
 will be regulated by the Secretary of War. (Par. 871, ibid.) 
 
 'Section 2 of the act of March 3, 1883 (22 Stat. L., 564), requires the Inspector- 
 General, in. peraon, to make an annual inspection of the Home. (See par. 1719, post.) 
 
CHAJPTER 
 
 THE JUDGE-ADVOCATE GENERAL'S DEPART- 
 MENT. 
 
 Par. 
 
 527. The Judge - Advocate r G e n - 
 
 eral's Department; compo- 
 sition. 
 
 528. Promotions; how made. 
 
 529. Duties of the Judge- Advo- 
 
 cate-General. 
 
 530. Duties of judge- advocates. 
 
 Par. 
 
 531. Judge-advocates of depart- 
 
 ments and of courts-martial 
 may administer oaths for 
 certain purposes. 
 
 532. Disposition of proceedings of 
 
 certain minor courts-mar- 
 tial. 
 
 Ad vocation 
 mint- 
 
 U j n uiy 5 1884 
 23, p. us! 
 
 Prom otions 
 how made. 
 Sec. 2, ibid. 
 
 General. 
 Sec. 
 
 527 ' That the Bui> eau of Military Justice 1 and the corps 
 ^ judge-advocates of the Army be, and the same are 
 hereby, consolidated under the title of Judge- Ad vocate- 
 General's Department 5 and shall consist of one Judge- 
 Advocate-General with the rank, pay, and allowances of 
 a brigadier- general 5 one assistant judge- advocate- general, 
 with the rank, pay, and allowances of a colonel; three 
 deputy judge-advocate-generals, with the rank, pay, and 
 allowances of lieutenant-colonels; and three judge-advo- 
 cates, with the rank, pay, and allowances of majors; the 
 colonel and lieutenant-colonels to be selected by seniority 
 from the present corps of judge-advocates. And the Sec- 
 retary of War is hereby authorized to detail such number 
 of officers of the line as he may deem necessary to serve 
 as acting judge- advocates of military departments, who 
 shall have while on such duty the rank, pay, and allow- 
 ances of captains of cavalry. Act of July 5, 1884 (23 Stat. 
 L., 113). 
 
 528. Promotions in the Judge- Advocate- General's De- 
 partment, as provided in the first section of this act, shall 
 be by seniority up to and including the rank of colonel. 2 
 Sec. 2, ibid. 
 
 529< The Judge-Advocate- General shall receive, revise 
 ail( j cause to be recorded the proceedings, of all courts- 
 
 , n. . 
 
 martial, courts of inquiry, and military commissions, and 
 
 1 Sections 1198 and 1200 of the Revised Statutes and section 2 of the act of June 23, 
 1874 (18 Stat. L., 244), were replaced by the act of July 5, 1884 (23 Stat. L., 117), which 
 merged the Bureau of Military Justice and the corps of judge-advocates in the Judge- 
 Advocate-General's Department, created by that statute. 
 
 2 Section 3 of this act contains the provision that nothing herein shall be construed 
 to interfere with the rank or position of any officer now holding a commission in 
 either the Bureau of Military Justice or corps of judge-advocates. 
 
 186 
 
THE MILITARY LAWS OF THE UNITED STATES. 187 
 
 perform such other duties as have been performed hereto- 
 fore by the Judge- Advocate-General of the Army. 1 
 
 530. Judge-advocates shall perform their duties under Duties of 
 the direction of the Judge- Advocate- General. 
 
 531. That judge-advocates of departments and of courts- Ju & 
 
 martial, and the trial officers of summary courts, are hereby men 1 
 authorized to administer oaths for the purposes of military may r administer 
 justice, and for other purposes of military administration. oat ^ 8 for certam 
 
 Sec. 4, act of July 27, 1892 (27 Stat. L., 278.) 
 
 532. That hereafter the records of regimental, garrison, 
 and field officers [and] courts-martial shall after having certain minor 
 
 _ n L /. , -i /, -i ,-, -r i A -i courts martial. 
 
 been acted upon, be retained and filed in the Judge- Ad vo- Mar. 3, is??, 
 cate's office at the Headquarters of the Department Com- 19 ' p ' 310 ' 
 mander, in whose department the courts were held, for two 
 years, at the end of which time they may be destroyed. 
 Act of March 5, 1877 (19 Stat. L., 310). 
 
 J Tho work done in his office and for which this officer is responsible consists 
 mainly of the following particulars: Reviewing and making reports upon the pro- 
 ceedings of trials by court-martial of officers, enlisted men, and cadets, and the 
 proceedings of courts of inquiry; making reports upon applications for pardon or 
 mitigation of sentence ; preparing and revising charges and specifications prior to 
 trial, and instructing judge-advocates in regard to the conduct of prosecutions; 
 drafting of contracts, bonds, etc. ; as also for execution by the Secretary of War 
 of deeds, leases, licenses (see License), grants of rights of way, approvals of loca- 
 tion of rights of way, approvals of plans of bridges and other structures, notices to 
 alter bridges as obstructions to navigation, etc.; framing of bills, forms of pro- 
 cedure, etc. ; preparing of opinions upon questions relating to the appointment, 
 promotion, rank, pay, allowances, etc., of officers, enlisted men, etc., and to their 
 amenability to military jurisdiction and discipline; upon the civil rights, liabilities, 
 and relations of military persons and the exercise of the civil jurisdiction over them; 
 upon the employment of the Army in execution of the laws; upon the discharge 
 of minors, deserters, etc., on habeas corpus; upon the administration of military 
 commands, the care and government of military reservations, and the extent of 
 the United States and State jurisdictions over such reservations or other lands of the 
 United States; upon the proper construction of appropriation acts and other stat- 
 utes; upon the interpretation and effect of public contracts between the United 
 States and individuals or corporations ; upon the validity and disposition of the 
 varied claims against the United States presented to the War Department; upon 
 the execution of public works under appropriations by Congress ; upon obstructions 
 to navigation as caused by bridges, dams, locks, piers, harbor lines, etc.; upon the 
 riparian rights of the United States and of States and individuals on navigable 
 waters, etc. ; and the furnishing to other Departments of the Government of state- 
 ments and information apposite to claims therein pending, and to individuals of 
 copies of the records of their trials under the one hundred and fourteenth article of 
 war. The matter of the submitting to the Judge- Advocate-General of applications 
 for opinions is regulated by paragraph 852, Army Regulations. 
 
 The Judge- Advocate-General's Department is the Bureau of Military Justice. 
 The Judge-Advocate-General is the custodian of the records of all general courts- 
 martial, courts of inquiry, and military commissions, and of all papers relating to 
 the title of lands under the control of the War Department, except the Washington 
 Aqueduct and the public buildings and grounds in the District of Columbia. The 
 officers of this department render opinions upon legal questions when called upon 
 by proper authority . (Par. 890, A. R., 1895.) 
 
 The original proceedings of all general courts-martial, courts of inquiry, and mili- 
 tary commissions, with the decisions and orders of the reviewing authorities made 
 thereon, and the proceedings of all general courts-martial, courts of inquiry, and 
 military commissions which require the confirmation of the President, but which 
 have not been appointed by him, will be forwarded direct to the Judge-Advocate- 
 Geueral. One copy of the order promulgating the action of the court and a copy of 
 every subsequent order affecting the case will be forwarded to the Judge-Advocate- 
 General, with the record of each case. When more than one case is embraced in a 
 single order, a sufficient number of copies will be forwarded to enable one to be filed 
 with each record. The proceedings of all courts and military commissions appointed 
 by the President will be sent, direct to the Secretary of War. (Par. 892, A. R., 1895.) 
 
 Applications of officers, enlisted men, and military prisoners tor copies of proceed- 
 ings of general courts-martial, to be furnished them under the one hundred and 
 fourteenth article of war, will, when received by post or other commanders, be 
 forwarded direct to the Judge Advocate-General. (Par. 894, A. R., 1895.) 
 
 Communications relating to proceedings of military courts on file in the Judge- 
 Advocate-General's Department will be addressed .and forwarded direct by depart- 
 ment, commanders to the Judge Advocate-General. In routine matters the Judge- 
 Advocate General and judge- advocates may correspond with each other direct. (Par. 
 895. A. R., 1895.) 
 
 The reports which the Judge- Advocate-General may render upon cases received by 
 him, and which require the action of the President, will be addressed to the Secretary 
 of War and will be forwarded, through the Commanding General of the Army, for 
 such remarks and recommendationsaa he may Bee lit to make. (Par. 896, A. R., 1895.) 
 
CHLAJPTER 
 
 THE QUARTERMASTER'S DEPARTMENT. 
 
 Par. 
 
 533. The Quartermaster's Depart- 
 
 ment; composition. 
 
 534. Military storekeepers. 
 
 535. Duties. 
 
 536. Kind and amount of supplies 
 
 to be prescribed by Secre- 
 tary of War. 
 
 537. Subsistence duty of assistant 
 
 quartermasters. 
 
 538. Post quartermaster ser- 
 
 geants. 
 
 539. Procurement of supplies. 
 
 540. Purchases ; how made ; emer- 
 
 gency purchases. 
 
 541. Expenses of bakeries, post 
 
 schools, messes, etc. 
 
 542. Post gardens and exchanges. 
 
 543. Printing. 
 
 544. Transportation of troops. 
 
 545. Transportation in kind to 
 
 officers. 
 
 546. Limit to number of pack ani- 
 
 mals ; transportation of 
 stores by contract. 
 
 547. Means of transportation to be 
 
 procured by contract. 
 
 548. Cavalry and artillery horses 
 
 to be procured by contract ; 
 inspection. 
 
 549. Limit as to number of horses 
 
 for mounted service. 
 
 550. Supplies to naval and marine 
 
 detachments. 
 
 551. Property for Government sur- 
 
 veys, National Museum, 
 etc., to be transported. 
 
 552. Payments to land-grant rail- 
 
 roads. 
 
 Par. 
 
 553. Number of civilian em- 
 
 ployees limited. 
 
 554. Salaries of civilian em- 
 
 ployees. 
 
 555. Extra duty ; rates of pay. 
 
 556. Details to be in writing. 
 
 557. Details in the field; how 
 
 made. 
 
 558. Rates of extra-duty pay 
 
 559. Allowance of fuel and for- 
 
 age. 
 
 560. No discrimination in issues of 
 
 forage to officers serving 
 east of Mississippi River. 
 
 561. Purchases of clothing. 
 
 562. Uniform to be prescribed by 
 
 President. 
 
 563. Clothing allowances. 
 
 564. Clothing balances; how pay- 
 
 able. 
 
 565. Gratuitous issues. 
 
 566. Selling or spoiling clothing 
 
 etc. ; penalty. 
 
 567. Altering clothing. 
 
 568. Limit of cost. 
 
 569. Permanent barracks. 
 
 570. Limit on expenditures. 
 
 571. Quarters in kind to be fur- 
 
 nished to officers. 
 
 572. Officers temporarily absent in 
 
 the field not to lose right to 
 quarters. 
 
 573. Returns of clothing and equi- 
 
 page. 
 
 574. Uniforms and equipments not 
 
 to be sold, bartered, ex- 
 changed, loaned, etc. 
 
 533. That the Quartermaster's Department of the Army 
 com- shall hereafter consist of the Quartermaster-General, with 
 
 position. ^ 
 
 i8 Ma 339' 1875t v ' ^ e ran k> I )a y an( i emoluments of a brigadier-general; four 
 sec. ii32,R.s. assistant quartermaster's-general, with the rank, pay and 
 
 188 
 
THE MILITARY LAWS OF THE UNITED STATES. 189 
 
 emoluments of colonels of cavalry; eight deputy-quarter- 
 masters general, with the rank, pay and emoluments of 
 lieutenant-colonels of cavalry; fourteen quartermasters, 
 with the rank, pay and emoluments of majors of cavalry; 
 and thirty assistant quartermasters, with the rank, pay 
 and emoluments of captains of cavalry. 1 Sec. 1, act of 
 March 3, 1875 (18 Stat. L., 339). 
 
 534 That no more appointments shall be made in the ^^^ 8tore " 
 grade of military storekeepers in the Quartermaster's De- 18 Ma Jgi' 1875 ' v - 
 partment, and this grade shall cease to exist as soon as the 
 same becomes vacant by death, resignation, or otherwise 
 of the present incumbents. 2 Sec. 2, act of March 5, 1875 
 (18 Stat. L., 339). 
 
 535. It shall be the duty of the officers of the Quarter- Duties. 
 master's Department, under the direction of the Secretary 46, 88*3, 5,V. 2, pp! 
 
 of War, to purchase and distribute to the Army all military 1342, c. 
 stores and supplies, requisite for its use, which other corps isS/ 
 are not directed by law to provide; to furnish means of^&J 
 transportation for the Army, its military stores and sup- 
 plies, and to provide for and pay all incidental expenses 
 of the military service which other corps are not directed 
 to provide for and pay. 
 536. The Secretary of War shall from time to time define K i n d a n d 
 
 amount of sup- 
 
 and prescribe the kinds as well as the amount of supplies p^es to be pre- 
 to be purchased by the Subsistence and Quartermaster retary of w ar ec 
 
 , , . , , . , Mar. 3, 1813 c. 
 
 Departments of the Army, and the duties and powers 48, s. 5, v. 2, p. SIT. 
 thereof respecting such purchases; and shall prescribe 
 general regulations for the transportation of the articles 
 of supply from the places of purchase to the several armies, 
 garrisons, posts, and recruiting places, for the safe-keeping 
 of such articles, and for the distribution of an adequate 
 and timely supply of the same to the regimental quarter- 
 masters, and to such other officers as may by virtue of such 
 regulations be intrusted with the same; and shall fix and 
 make reasonable allowances for the store rent and storage 
 necessary for the safe-keeping of all military stores and 
 supplies. 
 
 'The Quartermaster-General is appointed by selection from the officers of the 
 Department. For general provisions respecting promotions and appointments in 
 this Department and for provision as to the performance of the duties of the office 
 during the absence of the Quartermaster-General see the chapter entitled THE STAFF 
 DEPARTMENTS. Vacancies in the lowest grade in this Department are filled by selec- 
 tion from the next lower grade in the line of the Army. This clause operates to 
 repeal the reqxiirements of section 1132, Revised Statutes, that all appointments in 
 the Quartermaster's Department shall bo made from the Army, and a similar pro- 
 vision of the act of March 3,1883 (22 Stat. L., 457), authorizing the appointment of 
 officers from civil life. (Act of August 6, 1894, 28 Stat. L., 234.) 
 
 s The acts of June 23, 1874, March 3, 1875, and June 26, 1876, reorganizing the staff 
 corps, provide "that no officer now in service shall be reduced in rank or mustered 
 out by reason of any provisions of law therein made reducing the number of officers 
 in any department or corps of the Army." There are now in service, in excess of 
 the number allowed by these acts, three ordnance storekeepers, two majors, and one 
 captain, in the Ordnance Department. This grade, having become vacant, has 
 ceased to exist as a grade of rank in the Quartermaster's Department. 
 
190 THE MILITARY LAWS OF THE UNITED STATES. 
 
 uossan quartermasters shall do duty as assistant 
 
 quartermasters, commissaries of subsistence wheu so ordered by the Secre- 
 
 See* 1 1 > 1 , K. S. 
 
 tary of War. 
 
 POST QUARTERMASTER SERGEANTS. 
 
 r ua 8 r e e r r - 538> That the Secretary of War is authorized to appoint, 
 1884 v on * ue recommendation of the Quartermaster-General, as 
 23, p. log.' many post quartermaster sergeants, not to exceed eighty, 
 
 as he may deem necessary for the interests of the service, 
 said sergeants to be selected by examination from the most 
 competent enlisted men of the Army who have served at 
 least four years, and whose character and education shall 
 fit them to take charge of public property and to act as 
 clerks and assistants to post and other quartermasters. 
 Said post quartermaster sergeants shall, so far as practi- 
 cable, perform the duties of storekeepers and clerks, in lieu 
 of citizen employees. The post quartermaster sergeants 
 shall be subject to the rules and articles of war and shall 
 receive for their services the same pay and allowances as 
 ordnance sergeants. l Act of July 5, 1884 (23 Stat. L., 109). 
 
 THE PROCUREMENT OF SUPPLIES. 2 
 
 Procurement 539. The Quartermaster's Department of the Army, in 
 
 f sec?37i6,' R. s. obtaining supplies for the military service, shall state in all 
 
 advertisements for bids for contracts that a preference shall 
 
 be given to articles of domestic production and manufac- 
 
 ture, conditions of price and quality being equal, and that 
 
 such preference shall be given to articles of American pro- 
 
 duction and manufacture produced on the Pacific Coast, to 
 
 the extent of the consumption required by the public serv- 
 
 ice there. In advertising for Army supplies the Quarter- 
 
 master's Department shall require all articles which are to 
 
 be used in the States and Territories of the Pacific Coast 
 
 to be delivered and inspected at points designated in those 
 
 States and Territories ; and the advertisements for such sup- 
 
 plies shall be published in newspapers of the cities of San 
 
 Francisco, in California, and Portland, in Oregon. 
 
 Purchases; 540. That hereafter all purchases of regular and miscel- 
 
 ^En^gencylaneous supplies for the Army furnished for the Quarter- 
 
 Pl jui b y a 5 e8 i884, v. masters Department and by the Commissary Department, 
 
 23, p. 109. f or i mme di a te use, shall be made by the officers of such 
 
 department, under the direction of the Secretary of War, 
 
 1 For corps of Army service men, see chapter entitled THE MILITARY ACADEMY. 
 
 2 For general provisions on this subject, see the chapter entitled CONTRACTS AND 
 PURCHASES ; see also, for expenditures upon building at military posts, the chapter 
 entitled THE PUBLIC LANDS, MILITARY RESERVATIONS, AND MILITARY POSTS. See, 
 also, in respect to the construction of buildings at military posts, paragraphs 569 
 and 570, pott. 
 
THE MILITARY LAWS OF THE UNITED STATES. 191 
 
 at the places nearest the points where they are needed, the 
 conditions of cost and quality being equal: Provided also, 
 That all purchases of said supplies, except in cases of 
 emergency, which must be at once reported to the Secre- 
 tary of War for his approval, shall be made by contract 
 after public notice of not less than ten days for small 
 amounts for immediate use, and of not less than from 
 thirty to sixty days whenever, in the opinion of the Secre- 
 tary of War, the circumstances of the case and conditions 
 of the service shall warrant such extension of time. The 
 award in every case shall be made to the lowest responsi- 
 ble bidder for the best and most suitable article, the right 
 being reserved to reject any and all bids. 1 Act of July 5, 
 1884 (23 Stat. L., 109). 
 
 541. That for the current year and thereafter there may, Expenses of 
 
 J bakeries, post 
 
 be expended from the appropriation for regular supplies hool8 > m& ^ 
 the amounts required for the necessary equipments of the June 13, ISQO, 
 bake-house to carry on post bakeries 5 for the necessary leVisfe, 
 furniture, text-books, paper, and equipments of the post 
 schools; for the tableware and mess furniture for kitchens 
 and mess-halls ; * * * each and all for the use of the 
 enlisted men of the Army. Acts of June 13, 1890 (26 Stat. 
 L., 152), July 16, 1892 (27 Stat. L., 178). 
 
 542. That hereafter no money appropriated for the sup- 
 
 port of the Army shall be expended for post gardens or J^y < 1892 - 
 exchanges; but this proviso shall not be construed to pro- 
 hibit the use, by post exchanges, of public buildings or 
 public transportation when, in the opinion of the Quarter- 
 master-General, not required for other purposes. Act of 
 July 16, 1892 (27 Stat. L., 178). 
 
 543. That hereafter no part of the appropriations for the 
 Quartermaster's Department shall be expended on printing v. 28, p. 559. 
 unless the same shall be done by contract, after due notice 
 
 and competition, except in such cases as the emergency 
 will not admit of the giving notice for competition. 2 Act 
 of February 12, 1895 (28 Stat. L., 659). 
 
 'See, also, act of February 12, 1895, paragraph 1164, post, which provides "that after 
 advertisement all the supplies for the use of the various departments and posts of 
 the Army and of all branches of the Army service shall, hereafter, be purchased 
 where the same can be purchased the cheapest, quality, cost of transportation, and 
 the interests of the Government considered, except that purchases may be made in 
 open market, in the manner con.mon among business men, when the aggregate 
 amount required does not exceed two hundred dollars, but every such purchase shall 
 be immediately reported to the Secretary of War." (28 Stat. L., 659.) 
 
 The requirement of section 229 of the Revised Statutes that the Secretary of War 
 shall lay before Congress, at the commencement of each regular session, a state- 
 ment of all contracts and purchases made by him, or under his direction, during the 
 year preceding; and so much of the act of July 5, 1884, as requires the Quarter- 
 master-General and the Commissary-General of Subsistence to report all purchase 
 made by their Departments, with cost price and place of delivery, to the Secretary 
 of War for transmission to Congress annually, were repealed by the act of March 2, 
 1895 (28 Stat. L., 787). 
 
 2 This provision has been embodied in the several acts of appropriation for the 
 support of the Army since that of June 30, 1886. (24 Stat. L., 96.) 
 
192 THE MILITARY LAWS OF THE UNITED STATES. 
 
 TRANSPORTATION. 
 
 o Transportation 544. The transportation of troops, munitions of war, 
 
 Jan. 3i,'i862,c. equipments, military property, and stores, throughout the 
 
 334. ' United States, shall be under the immediate control and 
 
 Sfl<* 220 R S 
 
 supervision of the Secretary of War and such agents as he 
 may appoint. 1 
 1 545 Tnat toe transportation furnished by the Quarter- 
 
 C6 Feb 12 1895 v mas ter 7 s Department to officers traveling without troops 
 28,p.657.' shall be limited to transportation in kind not including 
 
 sleeping or parlor car accommodations, over free roads, 
 over bond-aided Pacific railroads, and by conveyance 
 belonging to said Department. 15 Act of February 12, 1895 
 (28 Stat. L,, 657). 
 
 1 See chapter entitled CONTRACTS AND PURCHASES. 
 
 2 For allowances to officers and others traveling on duty without troops, see the title 
 " Mileage," in the chapter entitled THE PAY DEPARTMENT. 
 
 TRANSPORTATION OF PERSONS. 
 
 The transportation of troops, singly or in organized bodies, is regulated by the 
 provisions of this paragraph. The transportation of civilian employees and their 
 reimbursement for traveling expenses are controlled by the following paragraphs of 
 the Army Regulations of 1895 : 
 
 TRAVELING EXPENSES 
 
 For authorized journeys of civilian employees of any branch of the military serv- 
 ice transportation requests will be obtained when practicable, but will be obtained 
 in every case for travel over bond aided railroads. (Par. 729, A. R. 1895.) 
 
 Reimbursement of actual expenses when traveling under competent orders will be 
 allowed under the following heads, to civilians in the employ of any branch of the 
 military service, excepting the expert accountant of the Inspector General's Depart- 
 ment, paymasters' clerks, and those mentioned in the next succeeding paragraph, viz : 
 
 1. Cost of transportation (excluding parlor-car fare) over the shortest usually 
 traveled route, when it was impracticable to furnish transportation iu. kind on 
 transportation requests. 
 
 2. Cost of transfers to and from railroad stations, not exceeding 50 cents for each 
 transfer. 
 
 3. Cost of one double berth in a sleeping car, or customary state-room accommo- 
 dation on boats and steamers when extra charge is made therefor. 
 
 4. Cost of meals, not exceeding $3 per day, while en route, when meals are not 
 included in the transportation fare paid; and not exceeding $3 per day for meals and 
 lodgings during necessary delay en route. 
 
 5. Cost of meals and lodgings, not exceeding $3 per day, while on duty at places 
 designated in the orders for the performance of temporary duty. 
 
 Veterinary surgeons of cavalry regiments traveling under prbperorders, in accord- 
 ance with paragraph 185, are not entitled to reimbursement under the fifth heading 
 above given. ( Par. 730, ibid. ) 
 
 Laborers, teamsters, and employees of similar character, traveling under competent 
 orders, will be entitled to such actual and necessary expenses of travel and sub 
 sistence as may be authorized by the chief of bureau which pays the accounts" 
 Those in receipt of a ration under paragraph 1252 will not be allowed commutation- 
 therefor. If it be impracticable for them to carry rations in kind, rations will not 
 be drawn for the period during which they are traveling. (Par. 731, ibid ) 
 
 None but the authorized items of traveling expenses of civilians will be allowed. 
 They will in all cases be set forth in detail in each voucher for reimbursement sup- 
 ported by oath and, when practicable, by receipts. (Par. 732, ibid.) 
 
 Paymasters' clerks and the expert accountant of the Inspector- General's Depart- 
 ment, when traveling on duty, will, when transportation in kind cannot be furnished 
 by the Quartermaster's Department, be reimbursed for cost of transportation paid 
 by them, exclusive of parlor or sleeping car fares or transfers, and will receive in 
 addition thereto, for all travel whether or not on transportation requests, 4 cents 
 per mile for each mile necessarily traveled by them in the performance of duty 
 distance to be computed over the shortest usually traveled route. (Par. 733. ibid.) 
 
 Actual traveling expenses, as contemplated in the preceding paragraphs, are paid 
 by the following departments, viz: 
 
 Pay Department .To paymasters' clerks, the expert accountant of the Inspector- 
 General's Department, civilians summoned as witnesses before, and authorized 
 reporters of, military courts. 
 
 Ordnance Department. To employees at arsenals and armories (cost of transpor- 
 tation included) from appropriations for the service of the Ordnance Department. 
 
 Engineer Department . To employees on public works and fortifications (coat of 
 transportation included) from appropriations made specifically for the work. 
 
 Quartermaster's Department. To employees of the Quartermaster s and Subsist- 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 193 
 
 546. That in time of peace the uuinber of draught and , Limit *> 
 
 b 6 r o i 
 
 pack animals in the Quartermaster's Department of the animals - 
 
 Transportation 
 
 Army shall not exceed five thousand, and that all trans- of stores, etc., to 
 
 be by contract. 
 
 portation ot stores by private parties tor the Army shall July 5, i884,v. 
 be done by contract, after due legal advertisement, except 22, i888,v. 25%'. 
 in cases of emergency, which must be at once reported to 
 the Secretary of War for his approval. Act of July 5, 1884 
 (23 Stat. L., 109). 
 
 547. Hereafter all purchases of horses, mules, or oxen, Meansoftrans- 
 
 , . . n , . . ' portation to be 
 
 wagons, carts, drays, ships and other seagoing vessels, procured by con- 
 also all other means of transportation, shall be made by July 5, 1884, v. 
 the Quartermaster's Department, by contract, after due 23 ' p ' 110 ' 
 
 ence Departments, and otber employees of the Army not above provided for< (Par. 
 734, ibid.) This department also furnishes transportation to maimed soldiers, etc., 
 to enable them to procure artificial limbs (see paragraphs 686 and 687, post), and to 
 soldiers who have been admitted to the Soldiers' Home. 
 
 When officers of the staff departments change station the transfer of clerks or 
 other employees to the new stations at the expense of the United States is pro- 
 hibited, except in cases of urgent necessity, for which the sanction of the Secretary 
 of War will first be obtained. The Pay Department is excepted from this regula- 
 tion. (Par. 735, ibid,) 
 
 TRANSPORTATION OF BAGGAGE. 
 
 In changing station an officer's authorized allowance of baggage (a) will be turned 
 over to a quartermaster for transportation as freight by ordinary freight lines, 
 unless otherwise ordered by the department commander or higher authority. No 
 reimbursement will be made to an officer who under such circumstances, sends 
 packages by express or ships and pays for the transportation of his baggage. (Par. 
 1118, A. R., 1895 ) 
 
 The baggage to be transported at public expense, including mess chests and per- 
 sonal baggage, upon change of station, will not exceed the following weights: 
 
 Rank. 
 
 In the 
 field. 
 
 Changing 
 station . 
 
 
 Pounds. 
 1 000 
 
 Pounds. 
 3 500 
 
 BrigadTer general 
 
 700 
 
 2 800 
 
 yield officer 
 
 500 
 
 2,400 
 
 
 200 
 
 2 000 
 
 .First lieutenan t 
 
 150 
 
 1, 700 
 
 
 150 
 
 1 500 
 
 Acting assistant surgeon 
 
 150 
 
 1,200 
 
 
 150 
 
 500 
 
 Post and regimental noncommissioned staff officer, hospital 
 steward, chief musician, and sergeant of the Signal Corps, 
 each . . 
 
 
 500 
 
 
 
 
 These allowances are in excess of the weights transported free of charge under 
 the regular fares by public carriers. They may be reduced pro rata by the command- 
 ing officer, if necessary, and may, in special cases, be increased by the War Depart- 
 ment on transports by water. Shipments of officers' allowance of baggage will in all 
 cases be made at, carrier's risk, including those over roads where tariffs provide for 
 extra charge therefor. (Par. 1119, ibid.) 
 
 The Quartermaster's Department will transport the authorized change of station 
 allowance of baggage and professional books and papers for officers or enlisted men 
 upon retirement, or who die in the service, from their last duty stations to such 
 places within the limits of the United States as may be the homes of their families, 
 or as may be designated by their legal representatives or executors. (Par. 11 20, ibid ) 
 
 Transportation of change of station allowance of baggage is authorized for such 
 contract surgeons as may be employed, when they join for duty under the first order, 
 and also on return to their homes on the termination of their contracts, if provided 
 for in the contracts. Graduates of the Military Academy and officers promoted 
 from the ranks will be furnished with transportation for field allowance of baggage 
 on their first assignment to duty as commissioned officers. With these exceptions, 
 transportation of baggage at public expense is not authorized for officers joining for 
 duty on first appointment to military service, nor upon reinstatement or reappoint- 
 ment, nor to effect transfers from one company or regiment to another at the request 
 of parties transferred. Officers ordered on temporary duty and officers going abroad 
 as military attaches are not entitled to such transportation. An officer detailed as 
 
 a The term "baggage," in the military sense, and as used in statutes relating to 
 the Army, embraces almost any article of personal property which does not exceed 
 in weight the limit prescribed by Army Regulations or general orders. (3 Dig. 
 Conipt. Dec., 55.) 
 
 1919 13 
 
194 THE MILITARY LAWS OP THE UNITED STATES. 
 
 legal advertisement, except in cases of extreme emergency. 
 Act of July 5, 1884 (23 Stat. L., 110). 
 
 arSuer lry houses ^' Hereafter all purchases of horses, under appropria- 
 
 to c b ontS cu in d ^ ons * r norses tor ^ ne cavalry and artillery and for the 
 
 spectfon. Indian scouts, shall be made by contract, after legal adver- 
 
 23, p. 109. ^'tisement, by the Quartermaster's Department, under 
 
 instructions from the Secretary of War, the horses to be 
 
 inspected under the orders of the general commanding the 
 
 Army and no horse shall be received and paid for until 
 
 duly inspected. 1 Act of July 5, 1884 (23 Stat. L., 109). 
 
 ^^' That the number of horses purchased under this 
 a pp rO p r i a tion, added to the number on hand, shall not at 
 
 Feb. 12, 1895, v. any time exceed the number of enlisted men and Indian 
 scouts in the mounted service; and that no part of this 
 appropriation shall be paid out for horses not purchased by 
 contract, after competition duly invited by the Quartermas- 
 ter's Department, and an inspection by such Department, 
 all under the direction and authority of the Secretary of 
 War. Act of February 12, 1895 (28 Stat. L., 660). 
 
 supplies to 550. The officers of the Quartermaster's Department 
 
 naval and marine 
 
 detachments, shall, upon the requisition of the naval or marine officer 
 
 attache, however, is entitled to have his full allowance transported from the post he 
 leaves to his home, or to the nearest convenient place of storage, and upon resuming 
 duty in this country from such place of storage to his post of duty. While on 
 journeys as an attache, the cost of transporting his personal baggage can not be paid 
 by the Quartermaster's Department. (Par. 1121, ibid.) 
 
 The Quartermaster's Department will furnish transportation for the prescribed 
 regimental and company desks, for the books, papers, and instruments of statf 
 officers necessary to the performance of their duties, and for the medical chests of 
 medical officers ; also for the professional books of officers changing station, officers 
 ordered home for retirement, graduates of the Military Academy, and officers joining 
 on first appointment, which they certify belong to them and pertain to their official 
 duties; also the professional books of hospital stewards changing station, not ex- 
 ceeding two hundred pounds in weight. Invoices of packages turned over to the 
 shipping officer will be accompanied by the certificate of the officer as to character 
 of books, and a certified copy will be attached to the bill of lading issued at the 
 initial point of shipment. The certificate as to the character of the books of a hos- 
 pital steward will be given by the medical officer under whom he last served. (Par. 
 1122, ibid.) 
 
 The Quartermaster's Department will transport for officers changing station the 
 number of horses for which they are legally entitled to forage, and an attendant to 
 accompany the horses when necessary, subject to the following restrictions: 
 
 (1) That the expense paid by the United States shall not exceed $50 for each 
 horse transported. The cost of such shipment will be ascertained in advance, and 
 if found to exceed $50 for each horse, including transportation of attendant, if any, 
 the excess must be prepaid by the owner, who must also pay all the expenses of the 
 attendant other than his transportation. 
 
 (2) That the horses are owned by the officer and were used by him in the public 
 service at the station from which he is ordered to move. 
 
 (3) The horses of retired officers or officers ordered to their homes to await retire- 
 ment, or officers ordered on recruiting service or college detail, or to attend schools 
 of instruction as student officers, or to effect a voluntary transfer, will not be 
 transported at public expense. (Par. 1069, ibid.) 
 
 The Quartermaster's Department may provide transportation of baggage for 
 enlisted men traveling under orders without troops, not to exceed the following 
 weights : 
 
 Noncommissioned officers .................................. pounds. . 100 
 
 Privates of the Hospital Corps ................................ do ____ 100 
 
 Other privates ................................................. do.... 50 
 
 This allowance will accompany each man on the conveyance by which he is trans- 
 ported, and will include the number of pounds of baggage carried free on the 
 passage ticket. (Par. 1101, ibid.) 
 
 1 So much of the act of July 5, 1884 T as requires these purchases to be reported to 
 the Secretary of "War for transmission to Congress was repealed by the act of March 
 2, 1895 (28 Stat. L., 787), 
 
THE MILITARY LAWS OF THE UNITED STATES. 195 
 
 commanding any detachment of seamen or marines under 1 , I>eCp - 1 1 ^ 181 4 c - 
 
 1 >, 88. 1 - V. > 
 
 orders to act on shore, in cooperation with land troops, and 
 
 . SIT. ll.i, K. S. 
 
 during the time such detachment is so acting or proceeding 
 to act, furnish the officers and seamen with camp equippage, 
 together with transportation for said officers, seamen, and 
 marines, their baggage, provisions, and cannon, and shall 
 furnish the naval officer commanding any such detach- 
 ment, and his necessary aids, with horses, accouterments, 
 and forage. 
 
 551. That hereafter the Quartermaster-General and his Property for 
 
 (jrovernment sur 
 
 officers, under his instructions, wherever stationed, shall veys, National 
 
 _ . -i i / n Museum, etc., to 
 
 receive, transport and be responsible for all property be transported. 
 
 ^ f *u v, j.v > Jul y 5 - 1884 - v - 
 
 turned over to them, or any one of them, by the officers 23, p. no. 
 
 or agents of any Government survey, for the National 
 Museum, or for the civil or naval departments of the Gov- 
 ernment, in Washington or elsewhere, under the regula- 
 tions governing the transportation of Army supplies, the 
 amount paid for such transportation to be refunded or paid 
 by the Bureau to which such property or stores pertain. 
 Act of July 5, 1884 (23 Stat. L., 110). 
 
 TRANSPORTATION BY LAND GRANT AND BOND AIDED 
 RAILROADS. 
 
 552. For the payment of army transportation lawfully ^gStt* St 
 
 due such land- grant railroads as have not received aid in lfl Ig96 y 
 
 Government bonds (to be adjusted in accordance with the 29 '?- 66 - ' 
 
 decisions of the Supreme Court in cases decided under 
 
 such land-grant Acts), but in no case shall more than fifty 
 
 per centum of the full amount of service be paid, two mil- 
 
 lion four hundred thousand dollars : Provided, That such 
 
 compensation shall be computed upon the basis of the f tariff 
 
 or lower special rates for like transportation performed for 
 
 the public at large, and shall be accepted as in full for 
 
 all demands for such service: Provided further, That in 
 
 expending the money appropriated by this Act, a railroad 
 
 company which has not received aid in bonds of the United 
 
 States, and which obtained a grant of public land to aid in 
 
 the construction of its railroad on condition that such rail- 
 
 road should be a post-route and military road, subject to 
 
 the use of the United States for postal, military, naval, and 
 
 other Government services, and also subject to such regu- 
 
 lations as Congress may impose restricting the charge for 
 
 such Government transportation, having claims against the 
 
 United States for transportation of troops and munitions 
 
 of war and military supplies and property over such aided 
 
196 THE MILITARY LAWS OF THE UNITED STATES. 
 
 railroads, shall be paid out of the moneys appropriated by 
 the foregoing provision only on the basis of such rate for 
 the transportation of such troops and munitions of war 
 and military supplies and property as the Secretary of War 
 shall deem just and reasonable under the foregoing provi- 
 sion, such rate not to exceed fifty per centum of the com- 
 pensation for such Government transportation as shall at 
 the time be charged to and paid by private parties to any 
 such company for like and similar transportation ; and the 
 amount so fixed to be paid shall be accepted as in full for 
 all demands for such service. 1 Act of March 16, 1896 (29 
 Stat. L., 66). 
 
 CIVILIAN EMPLOYEES. 
 
 Number of ci- 553. That the whole number of civilian employees, in- 
 
 vilian employees 
 
 limited. eluding agents, superintendents, mechanics, packers, team- 
 
 23, p. 359. sters, train-masters, and so forth, paid from this appropria- 
 tion for transportation, shall not at any one time hereafter 
 exceed one thousand, nor shall any of said employees be 
 graded for salary above fourth-class clerks of the Army 
 Eegulations; and the grade of sixth-class clerk in the 
 Quartermaster's Department is hereby abolished. 2 Act of 
 March 3, 1885 (23 Stat. L., 359). 
 salaries of civil- 554, That no more than one million dollars of the sums 
 
 ian employees. 
 
 v - appropriated by this Act shall be paid out for the services 
 of civilian employees in the Quartermaster's Department, 
 including those heretofore paid out of the funds appropri- 
 ated for regular supplies, incidental expenses, barracks 
 and quarters, army transportation, clothing, camp and 
 garrison equipage; that no employee paid therefrom shall 
 receive as salary more than one hundred and fifty dollars 
 per month, unless the same shall be specially fixed by 
 law ; and no part of the moneys so appropriated shall be 
 paid for commutation of fuel and for quarters to officers 
 or enlisted men. 3 Act of February 12, 1895 (28 Stat. L., 661). 
 
 1 This provision has been incorporated in the several acts of appropriation since 
 that of February 24, 1891 (26 Stat. L., 776). For regulations respecting the trans- 
 portation of persons and supplies over land-grant or bond-aided roads see paragraphs 
 1091, 1093, 1129, 1146, 1161, and 1162, Army Regulations of 1895; see also chapter 
 entitled THE PAY DEPARTMENT. 
 
 2 The act of March 3, 1885, contained a similar provision. 
 
 3 The amount to be expended for the payment of civilian employees was fixed at 
 $1,600,000 by the act of March 3, 1883 (22 Stat. L., 459); at $1,500,000 by the acts of 
 July 5, 1884 (23 Stat L., Ill), March 3, 1885 (23 Stat, L., 360), and June 30, 1886 (24 Stat. 
 L.,98) ; at $1,300,000 by the acts of February 9, 1887 (24 Stat, L. 399), September 22, 
 1888 (25 Stat. L., 486), March 2, 1889 (25 Stat. L.. 830) , June 13, 1890 (26 Stat. L., 154), and 
 February 24,1891 (26 Stat. L.,776); at $1,200,000 by the acts of July 16, 1892 (27 Stat. 
 L., 180). and February 27, 1893 (27 Stat. L., 484) ; at $1,100,000 by the act of August 6, 
 1894 (28 Stat. L., 240), and at $1.000,000 by the acts of February 12, 1895 (28 Stat. L., 
 661), and March 16. 1896 (29 Stat. L,, 66). 
 
THE MILITARY LAWS OF THE UNITED STATES. 197 
 
 WORKING PARTIES AND EXTRA DUTY PAY. 1 
 
 555. When soldiers are detailed for employment as artifi- ra f e j*f p.f y uty; 
 cers or laborers in the construction of permanent military ^Juiy is^isee, c. 
 works, public roads, or other constant labor of not less^'reb! i, 1373,' 
 than ten days 7 duration, they shall receive, in addition toMar'.3,'i885%.23,' 
 their regular pay, the following compensation : [Fifty cents im, v'. 23, p. no. 1 
 per day for mechanics, artisans, school-teachers, and thirty- 
 five cents per day for other clerks, teamsters, laborers, and 
 
 others.] This allowance of extra pay shall not apply to the 
 troops of the Ordnance Department. 
 
 556. Working parties of soldiers shall be detailed for Details to be in 
 employment as artificers or laborers, in the construction of w Juiy g i3, isee, c . 
 permanent military works or public roads, or in other con- II 6 ' s ' 
 
 stant labor only upon the written order of a commanding Sec - 1236 > B * s - 
 officer, when such detail is for ten or more days. 
 
 557. Details to special service from forces in the field Details in the 
 
 field ; now made. 
 
 shall be made only with the consent of the commanding Mar. 3, ises, c. 
 
 75, s. 35, v. 12, p. 
 
 officer of the forces. 
 
 1 WORKING PARTIES EXTRA AND SPECIAL DUTY MEN. 
 
 Troops will not be employed in labors that interfere with their military duties 
 except in cases of necessity. (Par. 163, A. E. 1895.) 
 
 Enlisted men detailed to perform specific services which remove them temporarily 
 from the ordinary duty roster of the organization to which they belong will be re- 
 ported on extra duty if receiving increased compensation therefor, otherwise, on 
 special duty. They will not be placed on extra duty except as bakers or to per- 
 form the necessary routine services in the Quartermaster's and Subsistence Depart- 
 ments, without the sanction of the department commander, nor will they be em- 
 ployed on extra duty for labor in camp or garrison which can be properly performed 
 by fatigue parties. Allotments of funds for payment of extra-duty men at depart- 
 ment headquarters and depots under the control of department commanders will be 
 made only with the approval of the Secretary of War. Duty of a military charac- 
 ter must be performed without extra compensation. (Par. 164, ibid.) 
 
 Enlisted men detailed by name on extra duty under competent authority at con- 
 stant labor for not less than ten days are entitled to receive extra-duty pay at the 
 following rates : For services as mechanics, artisans, and school-teachers, 50 cents 
 per day; as bakers, according to paragraph 306; as overseers, clerks, teamsters, 
 laborers, and for all other extra-duty services, 35 cents per day. (Par. 165, ibid.) 
 
 The detail of a noncommissioned officer on extra duty other than that of overseer 
 will not be made without the approval of the Secretary of War. A noncommis- 
 sioned officer will not be detailed on any duty inconsistent with his rank and posi- 
 tion in the military service. (Par. 166, ibid.) 
 
 Noncommissioned staff' officers and enlisted men of the several staff departments 
 will not be detailed on extra duty without authority from the Secretary of War. 
 They are not entitled to extra-duty pay for services rendered in their respective 
 departments. (Par. 167, ibid.) 
 
 Company artificers, farriers, blacksmiths, saddlers, and wagoners will not receive 
 extra-duty pay unless detailed on extra duty in the Quartermaster's Department, 
 wholly disconnected from their companies. (Par. 168, ibid.) 
 
 Soldiers on extra duty will be paid the extra rates of pay allowed by law for the 
 duty performed and for the exact number of days employed; and no greater num- 
 ber of men will be employed on extra duty at any time than can be paid the full 
 legal rates for the time employed from the iunds provided. Payments made in vio- 
 lation of the above rules will be charged against the officers who ordered the details. 
 (Par. 169, ibid.) 
 
 Extra-duty men will be held to such hours of labor as may be expedient and nec- 
 essary; but, except in case of urgent public necessity, as in military operations, 
 eight hours will be considered a day's work. For all hours employed beyond that 
 number the soldier will receive additional compensation the extra hours being 
 computed as fractions of a day of eight hours' duration. (Par. 171. ibid.) 
 
 Details of enlisted men for extra and special duty will be limited to actual neces- 
 sities, which will be determined by post commanders in accordance with limits pub- 
 lished in orders from the War Department. Allotments to posts of funds for extra- 
 
198 THE MILITARY LAWS OP THE UNITED STATES. 
 
 Kates of extra- 553. Extra-duty pay hereafter shall be at the rate of 
 July MM*, v. fifty cents per day for mechanics, artisans, school-teachers, 
 and clerks at Army, division, and department headquar- 
 ters, and thirty -five cents per day for other clerks, team- 
 sters, laborers, and others. 1 Act of July 5, 1884 (23 Stat. 
 L., 110). 
 
 FUEL AND FORAGE. 
 
 559. Allowance of or commutation for fuel to commis- 
 sioned officers is hereby prohibited ; but fuel may be fur- 
 nished to the officers of the Army by the Quartermaster's 
 Department, for the actual use of such officers only, at the 
 rate of three dollars per cord for standard oak wood, or at 
 an equivalent rate for other kinds of fuel, according to the 
 regulations now in existence; 1 and forage in kind may be 
 furnished to the officers of the Army, by the Quartermaster's 
 Department, only for horses owned and actually kept by 
 such officers in the performance of their official military 
 duties when on duty with troops in the field or at such mili- 
 tary posts west of the Mississippi Kiver, as may be from 
 time to time designated by the Secretary of War, and not 
 otherwise as follows : 
 
 To the General, five horses ; 
 
 To the Lieutenant-General, four horses; 
 
 To a major-general, three horses; 
 
 To a brigadier-general, three horses; 
 
 To a colonel, two horses ; 
 
 To a lieutenant-colonel, two horses; 
 
 To a major, two horses; 
 
 To a captain (mounted), two horses; 
 
 To a lieutenant (mounted), two horses; 
 
 To an adjutant, two horses ; 
 
 To a regimental quartermaster, two horses. 2 Sec. 8, act 
 of June 17, 1878 (20 Stat. L., 150). 
 
 duty pay are made by department commanders from allotments made to depart- 
 ments for the purpose, and must not be exceeded without special authority from 
 department commanders. (Par. 172, ibid.) 
 
 1 Enlisted men of the several staif departments are not entitled to extra-duty pay 
 for services rendered in the department to which they belong. To entitle them to 
 such compensation they must be detailed by competent orders and must have per- 
 formed duty in another department than that in which they are enlisted. Under 
 existing orders enlisted men of the Ordnance Department are' entitled to extra-duty 
 pay when performing duty in the Quartermaster's Department. (Circular II, A. G. 
 O., 1886; I, ibid, 1887, and par. 167, A. R., 1895.) 
 
 Clerical services at Army, division, and department headquarters have, since the 
 act of July 29, 1886 (24 Stat. L., 167), been performed by a corps of general service 
 clerks and messengers. By the act of August 6, 1894, this force ceased to exist as a 
 part of the enlisted strength of the Army. 
 
 2 This statute, which replaces section 1271, Revised Statutes, contains the added 
 condition that horses shall not only be "actually kept" but "owned" by officers in 
 the performance of their military duties. 
 
 The right conferred upon officers of the Army by the act of June 18, 1878 (20 Stat. 
 L., 150), to purchase fuel for their actual use only, in the manner and at the terms 
 prescribed by said act, pertains to all officers of the Army irrespective of the nature 
 of the duties upon which they are engaged. No part of the cost of fuel so sold 
 
THE MILITARY LAWS OF THE UNITED STATES. 199 
 
 560. That there shall be no discrimination in the issue of A > T discrimina- 
 
 tion to officers 
 
 forage against officers serving east of the Mississippi Kiver, ^ r 7 n 8 g i sTi* f 
 provided they are required by law to be mounted, and actu- River, 
 ally keep and own their animals. Act of February 24, 1881 21, p. 347.' 
 (21 Stat. L., 347). 
 
 CLOTHINGL 
 
 561. No contract or purchase on behalf of the United Purchases of 
 
 clothing. 
 
 States shall be made, unless the same is authorized by law sec. 3732, R.S. 
 or is under an appropriation adequate to its fulfillment, 
 except in the War and Navy Departments, for clothing, 
 subsistence, forage, fuel, quarters, or transportation, which, 
 however, shall not exceed the necessities of the current 
 year. 
 
 562. The President may prescribe the uniform of the r Uni r ^ or e m to be 
 Army and quantity and kind of clothing which shall be KSiSjiTt. 
 issued annually to the troops of the United States. 1 GO, s. i, \. 3, p. aw! 
 
 Sec. 1296, B. S. 
 
 563. The money value of all clothing overdrawn by the ciothingaiiow- 
 soldier beyond his allowance shall be charged against him, c ^pr.^ 24,^ wie, 
 every six months, on the muster-roll of his company, or onp 8; May is! 
 
 ' 1872, c. 161, s. 3, v. 
 
 his final statements if sooner discharged, and he shall re-n.jxm- 
 ceive pay for such articles of clothing as have not been 
 issued to him in any year, or which may be due to him at 
 the time of his discharge, according to the annual estimated 
 value thereof. The amount due him for clothing, when he 
 draws less than his allowance, shall not be paid to him 
 until his final discharge from the service. 2 
 
 is properly chargeable to the appropriation for any public work, unless provision is 
 expressly made therein for such cost. (3 Dig. Compt. Dec., 171.) 
 
 The forage ration for a horse is 14 pounds of hay and 12 pounds of oats, corn, or 
 barley, for a mule, 14 pounds of hay and 9 pounds of oats, corn, or barley. Depart- 
 ment commanders will reduce the forage ration when necessary. (Par. 1041, A. K., 
 1895.) 
 
 One hundred pounds of straw per month is allowed for bedding to each horse or 
 mule in public service. At posts where straw is not furnished, hay will be issued 
 and used for bedding. (Par. 1049, ibid.) 
 
 Forage is furnished only to officers for the horses owned and actually kept by them 
 in the performance of their official duties when serving with troops in the field 
 or at military posts and stations, and for the following number: To a lieutenant- 
 general, four; to a major general or a brigadier-general, three; to a colonel, lieu- 
 tenant-colonel, major, captain, or lieutenant, mounted, and regimental adjutant and 
 quartermaster, each two. ( Par. 1044, ibid.) 
 
 Mounted officers will not use public horses and at the same time draw forage for 
 those they own ; nor will they use public animals except as authorized by regula- 
 tions. Should circumstances render it necessary, an officer may be temporarily fur- 
 nished public horses, but during such period he will not be permitted to draw forage 
 for a private horse. (Par. 1045, ibid.) 
 
 An officer not mounted may purchase forage for two horses kept for his own use, 
 for which he will be charged cost, including transportation. The sale of forage to 
 mounted officers is forbidden. (Par. 1046, ibid.) 
 
 1 A table showing the price of clothing and equipage for the Army, the allowance 
 of clothing in kind to each soldier for each year of his enlistment, and his clothing 
 money allowance for each year and day thereof, also the allowance of equipage to 
 officers and enlisted men, will be published in orders. (Par. 1163, A. R., 1895.) 
 
 'Each soldier's clothing account will be kept by the company commander in the 
 company clothing book. The account will show the money value of the clothing 
 received by the soldier at each issue, and his receipt therefor will be taken in the 
 book. (Par. 1180, A. R., 1895.) 
 
 Company and detachment commanders will settle the clothing account of every 
 enlisted man of their respective commands six months after the date of his enlist- 
 ment, and thereafter on June 30 and December 31 of each year. The entire amount 
 found due the United States for the periods embracing the dates of settlement will 
 
200 THE MILITARY LAWS OF THE UNITED STATES. 
 
 ^^' ^ De amoun ^ s f deposits and clothing-balances accu- 
 
 arge. niulating to the soldier's credit under sections thirteen hun- 
 6i, 8 ay 5, v. i7,'p.'dred and two and thirteen hundred and five, shall, when 
 
 117 
 
 sec. 1308, R.S. payable to him upon his discharge, be paid out of the 
 appropriations for "pay of the Army" for the then current 
 fiscal year. 
 
 s ^^' ^ e Secretary f War may, on the recommendation 
 Ma/. 12, 1868, of the Surgeon-General, order gratuitous issues of clothing 
 250. P to soldiers who have had contagious diseases, and to hospi- 
 
 ' ' tal attendants who have nursed them, to replace any arti- 
 cles of their clothing destroyed by order of the proper 
 medical officers to prevent contagion, 1 
 selling or 566. Any soldier who sells or through neglect loses or 
 
 spoiling cloth- . . 
 
 ing, etc.; pen- spoils his horse, arms, clothing, or accouterments shall be 
 
 a .ru'iy 27, 1892, v. punished as a court-martial may adjudge, subject to such 
 
 17 Art.' war. limitation as may be prescribed by the President by virtue 
 
 of the power vested in him. [Seventeenth Article of War.] 
 
 be charged to the soldier upon the muster and pay rolls The money allowance of 
 clothing for the first year will be allotted by half years (Par 1181, ibid.) 
 
 The balance due ttie soldier at either of these dates will be credited to him upon 
 the company clothing book. It will not be placed upon the muster and pay rolls, but 
 the final balance due at date of discharge will be entered upon the final statements. 
 In case of transfer, the balance due the soldier or the United States will be entered 
 on the descriptive list. All balances of this character will be stated in words and 
 figures (Par. 1182, ibid.) 
 
 The clothing account of a soldier who deserts should be settled in full to the date 
 of desertion. The balance due him or the United States will be entered on the next 
 muster and pay rolls after date of desertion. The amount due the United States or 
 the soldier at date of desertion should be ascertained by crediting the soldier with 
 clothing allowance from date of last clothing settlement to the date of desertion (ex- 
 cluding the day of desertion) and debiting him with the money value of all clothing 
 drawn oy him : the difference between the two amounts will be the amount due the 
 United States or the soldier. (Par. 1183, ibid.) 
 
 A deserter is entitled to clothing allowance from the date he surrenders or is ap- 
 prehended, and the amount due him will be computed from the tables then and sub- 
 sequently in force. A new clothing account will be opened without reference to his 
 account at date of desertion. (Par. 1184, ibid.) 
 
 Clothing allowance accruing to a soldier after return to the service from desertion 
 will not be used to reduce the amount of the soldier's indebtedness at date of deser- 
 tion; the full amount of the soldier's indebtedness must be charged on the roll, to 
 be deducted by the paymaster when he settles the soldier's account. (Par. 1185, ibid.) 
 
 Section 1297, KeviseVi Statutes, forbidding the allowance of clothing to ordnance 
 sergeants, was repealed by the act of July 14, 1892. (27 Stat. L., 578.) 
 
 1 GRATUITOUS ISSUES. 
 
 Commanding officers may order necessary issues of clothing to military prisoners 
 who have no clothing allowance, from deserters' or other damaged clothing when 
 there is such in store or from clothing specially provided for the purpose. The 
 receipt of the officer in charge of the prisoners will be the quartermaster's voucher 
 for sueh issue. (Par. 1193, A. K., 1895.) 
 
 Gratuitous issues of clothing may be made, under the. provisions of section 1298, 
 Eevised Statutes, to replace articles destroyed to prevent the spread of contagious 
 diseases. (Par. 1194, ibid.) 
 
 Should it become necessary to issue new clothing for use in the burial of a deceased 
 soldier, as in the case of a man who dies away from his proper command and under 
 circumstances rendering such issues imperatively necessary, the expense of the issue 
 will be borne by the United States, and the clothing will be dropped from the returns 
 of the issuing officer on the orders of the commanding officer, which must recite the 
 necessity for the issue. (Par. 1195, ibid ) 
 
 LAUNDRY WORK FOR RECRUITS AT DEPOTS. 
 
 The Quartermaster's Department is authorized to pay from the appropriate 
 clothing and equipage a sum not exceeding $1.50 for the laundry work of each n 
 at rendezvous stations who has no funds of his own. The expenditure will bech 
 
 ion for 
 
 : of each recruit 
 
 The expenditure will be charged 
 on the clothing account of the recruit and so noted on his descriptive and assignment 
 card. (Par. 1192, A. B M 1895.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 201 
 
 ALTERING CLOTHING. 
 
 567. It shall be lawful for the commanding officer of each Altering cloth- 
 regiment, whenever it may be necessary, to cause the coats, m |' e b. 27,1877,0. 
 vests, and overalls or breeches which may from time to 69 secA 9 2&, R. 3 s. 
 time be issued to and for his regiment to be altered and 
 new-made, so as to better to fit them to the persons respec- 
 tively for whose use they shall be delivered; and for defray- 
 ing the expense of such alterations, to cause to be deducted 
 
 and applied out of the pay of such persons a sum or sums 
 not exceeding twenty five cents for each coat, eight cents 
 for each vest and for each pair of overalls or breeches. 
 
 568. That hereafter the regimental price fixed for altering Limit of cost, 
 and fitting soldiers clothing shall not exceed the cost of 25, m. ' 
 making the same at the clothing depots. Act of March 2, 
 
 1889 (25 Stat. L., 831). 
 
 BAEEACKS AND QUARTERS. 
 
 569. Permanent barracks or quarters and buildings an d ba ^ r e a ^ anent 
 structures of a permanent nature shall not be constructed 83 Mar - *> 1859 ' c - 
 unless detailed estimates shall have been previously sub- 432. 8 ' 
 
 ... ,' , , . , . Sec.ll36,R.S. 
 
 mitted to Congress, and approved by a special appropria- 
 tion for the same, except when constructed by the troops; 
 and no such structures, the cost of which shall exceed 
 twenty thousand dollars, shall be erected unless by special 
 authority of Congress. 1 
 
 570. That hereafter no expenditures exceeding five hun- Limit on ex- 
 
 i-iin -i-iii i i .1 T penditures. 
 
 dred dollars shall be made upon any building or military 
 post, or grounds about the same, without the approval of Approval of 
 the Secretary of War for the same, upon detailed estimates in C cas a e7 of im r 
 of the Quartermaster's Department, and the erection, con- JSISgfetc. e: 
 struction, and repairs of all buildings and other public 27^484. 1893>v ' 
 structures in the Quartermaster's Department shall, so far 
 as may be practicable, be made by contract, after due legal 
 advertisement. 1 Act of February 27, 1893 (27 Stat. L., 484). 
 
 571. At all posts and stations where there are public .Quarters in 
 quarters belonging to the United States, officers may be mshed to officers. 
 
 ^ .,,.,, . , . , . , .. Sec. 9, June 17, 
 
 furnished with quarters in kind in such public quarters, i878,v. 20, P .i44. 
 and not elsewhere, by the Quartermaster's Department, 
 assigning to the officers of each grade, respectively, such 
 number of rooms as is now allowed to such grade by the 
 
 1 The same statute contains the requirement that the posts at which quarters for 
 hospital stewards are to he constructed shall be designated by the Secretary of War, 
 and such quarters shall be built by contract, after legal advertisement whenever 
 practicable. (See paragraph 692, post.) 
 
202 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 rules and regulations of the Army. 1 
 1878 (20 Stat. L., 144). 
 
 Sec. 9, act of June 
 
 1 The following table shows the number of rooms, the quantity of fuel, and the 
 allowance of cooking and heating stoves to be supplied for the use of officers and 
 men in quarters and barracks : 
 
 
 Booms. 
 
 Cords 
 of wood 
 per 
 month. 
 
 Increased 
 allowance 
 from Sep 
 tember to 
 April, both 
 inclusive. 
 
 For 
 
 quar- 
 ters. 
 
 For 
 of- 
 fice. 
 
 As quarters. 
 
 As kitchen. 
 
 
 
 tc 
 
 ! 
 
 From May 1 to Aug. 31. 
 
 From Sept. 1 to Apr. 30. 
 
 Between 36th and 43d deg. 
 N. latitude, one-fourth. 
 
 1 
 1 
 
 il 
 
 
 
 's 
 i 
 
 > 
 
 | 
 
 bC 
 
 a 
 
 1 
 
 a 
 
 1 
 
 
 
 3 
 &> 
 
 c 
 
 
 it 
 
 a 
 j2 
 
 1 
 
 Heating stoves. 
 
 A lieutenant-general or major-general. . . 
 
 5 
 
 4 
 
 1 
 1 
 
 
 1 
 
 1 
 1 
 
 5 
 4 
 
 3 3 J 
 2 
 3 
 
 2 
 1 
 
 2 
 
 1 
 
 1 
 1 
 
 1 
 1 
 
 i 
 
 2 
 
 i 
 
 3 
 2 
 
 1 
 
 }J 
 
 I 
 
 i 
 1 
 
 i 
 
 i 
 i 
 
 | 
 
 5 1 * 
 * 
 
 A 
 
 1 
 i 
 
 i 
 
 i 
 
 P 
 
 : 5 
 
 1 
 
 i 
 
 i 
 
 * 
 
 i 
 
 i 
 
 i 
 
 A 
 
 I 
 
 A 
 
 i 
 
 
 1 
 
 5 
 4 
 3 
 2 
 
 l 
 1 
 1 
 1 
 
 1 
 
 "~3 
 2 
 1 
 
 2 
 
 1 
 
 1 
 1 
 
 
 3 
 
 9 
 
 1 
 1 
 
 
 
 
 1 
 
 1 
 
 3 
 
 g 
 
 The Commanding General of the Army . . 
 The commanding officer of a territorial 
 
 
 
 The aids to the commanding officer of a 
 
 
 
 1 
 
 
 
 
 An assistant or deputy quartermaster- 
 general, an assistant commisary-gen- 
 eral of subsistence, an assistant sur- 
 geon-general, the assistant and deputy 
 paymaster-general,and the chief quar- 
 termaster and chief commissary at the 
 headquarters of a territorial depart- 
 
 
 
 fl 
 
 
 
 
 The commanding officer of a regiment 
 or post, or paymaster, quartermaster, 
 assistant quartermaster, commissary, 
 
 
 
 1 
 
 
 
 
 An assistant adjutant-general, an in- 
 spector-general, an acting inspector- 
 general, an engineer officer,* an ord- 
 nance officer,* a signal officer, a judge- 
 advocate or an acting judgf -advocate, 
 and the senior medical officer, when 
 stationed on duty at any place not in 
 the field * each 
 
 
 
 1 
 
 
 1 
 1 
 
 i 
 
 An acting assistant quartermaster, an 
 acting commissary of subsistence, an 
 adjutant, when approved by the Quar- 
 
 
 
 1 
 
 
 A sergeant-major, quartermaster-ser- 
 geant, sergeant of the post noncom- 
 missioned staff, hospital steward, vet- 
 erinary surgeon, signal sergeant,! and 
 
 1 
 
 
 
 
 
 A 
 
 I 
 
 A 
 
 
 
 
 
 Each noncommissioned officer, musician, 
 
 
 
 
 Each necessary fire for the sick in hos- 
 pital, each dispensary and hospital 
 mess room, at a military post or sta- 
 tion, to be regulated by the surgeon 
 and commanding officer, not exceeding. 
 For general hospitals, when necessary, 
 not exceeding for each bed 
 
 
 
 
 
 
 
 
 
 Each guard fire, to be regulated by the 
 commanding officer not exceeding 
 
 
 
 
 1 
 
 1 
 
 1 
 
 
 
 Each necessary fire for military courts 
 or boards at a rate not exceed*inf 
 
 
 
 
 
 
 
 Storehouse of commissary and quarter- 
 master, when necessary, not exceeding 
 for each 
 
 
 
 
 
 
 
 * Except at Military Academy . 
 
 t Except when serving in a detachment. 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 203 
 
 572. Hereafter officers temporarily absent on duty in the p^Jgi 8 ab *^ 
 field shall not lose their right to quarters, or commutation^ 
 thereof, at their permanent station while so temporarily^ 
 absent. Act of February 27, 1893 (27 Stat. L., 478). 27; P 7478.' 
 
 
 
 
 Increased 
 
 
 
 
 
 Cords 
 
 allowance 
 
 
 
 
 Rooms. 
 
 of wood 
 per 
 month. 
 
 from Sep- 
 tember to 
 April, both 
 
 quar- 
 ters. 
 
 of- 
 fice. 
 
 
 
 
 inclusive. 
 
 
 
 
 
 
 
 55 
 
 8 
 
 jd 
 
 i 
 
 
 i 
 
 
 
 
 
 
 bD 
 
 
 
 "t5 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 < 
 
 4 
 
 ^s 
 
 
 
 
 fe 
 
 
 
 
 
 
 o 
 
 o 
 
 rtg 
 
 rrl "^ 
 
 
 0) 
 
 ( 
 
 
 E 
 
 a 
 
 
 H 
 
 2 
 
 So' 
 
 
 I 
 
 
 I 
 
 
 | 
 
 
 t 
 
 
 
 I 
 
 II 
 
 
 
 00 
 
 bJO 
 
 a 
 
 hC 
 
 P 
 
 00 
 
 bJO 
 
 
 00 
 
 m 
 
 
 
 e 
 
 o 
 
 I 
 
 Ej 
 
 
 1 
 
 1 
 
 s 
 
 
 -4 
 
 
 ^ 
 
 PH 
 
 PR 
 
 A 
 
 m 
 
 w 
 
 
 
 w 
 
 Each employee of the Quartermaster's, 
 
 
 
 
 
 
 
 
 
 
 
 Subsistence, or Medical Department 
 
 
 
 
 
 
 
 
 
 
 
 to whom subsistence in kind is is>sued 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 A 
 
 i 
 
 A 
 
 & 
 
 
 
 
 For library, reading room, schoolroom, 
 
 
 
 
 
 
 
 chapel, and gymnasium, 1 heating stove 
 for each, and when the garrison exceeds 
 150 enlisted men, 2 heating stoves, and 
 
 
 
 
 
 
 
 
 
 
 
 such quantity of fuel for the same as 
 may be certified to as necessary by the 
 officers in charge and approved by the 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 For a company : 2 large stoves in dormi- 
 
 
 
 
 
 
 
 
 
 
 
 tory, 1 large stove in each mess room 
 and day room, 1 small stove for each of 
 
 
 
 
 
 
 
 
 
 
 
 the two rooms for noncommissioned 
 
 
 
 
 
 
 
 
 
 
 
 officers, 1 small stove for the library, 
 
 
 
 
 
 
 
 
 
 
 
 and 1 cooking stove or range sufficient 
 to cook its food . .... 
 
 
 
 
 
 
 
 
 
 
 
 Each hospital kitchen 
 
 
 
 
 ! 
 
 
 
 
 1 
 
 
 For each authorized room as quarters for 
 
 
 
 
 
 
 
 
 
 
 
 civilian employees 
 
 
 
 
 
 
 
 
 1 
 
 
 
 For each six civilian employees to whom 
 
 
 
 
 
 
 
 
 
 
 fuel is allowed . . . 
 
 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 T 
 
 
 For telegraph office 
 
 
 
 
 
 
 
 1 
 
 
 
 For each blacksmith, carpenter, and sad- 
 
 
 
 
 
 
 
 
 
 
 
 dler shop ..... 
 
 
 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 
 
 (Par. 1006, A. E,., 1895.) 
 
 ALLOWANCE AND ASSIGNMENT OF QUARTERS. 
 
 At each post and station where there are public quarters in buildings belonging to 
 the United States, the quartermaster, under direction of the commanding officer, will 
 allot to each officer the quarters to which his rank entitles him. (Par. 984, A. R.. 
 1895.) 
 
 An officer reporting for duty at a post will, immediately upon his arrival, make 
 written application to the commanding officer for quarters. If in command of troops 
 he will apply for quarters for himself, for his subordinate officers, and the enlisted 
 men of his command. The application will be accompanied by a copy of the order 
 directing him to report at the station, and will be referred to the quartermaster for 
 proper action under such instructions as the commanding officer may indorse thereon. 
 (Par. 987, ibid.) 
 
 An officer will not occupy more than his proper allowance of quarters, except by 
 permission of the commanding officer when there is an excess of quarters at the 
 station. The allowance will be reduced pro rata by the commanding officer when 
 the number of officers and troops present makes it necessary. If the public build- 
 ings are inadequate, the commanding officer will apply, through the department com- 
 mander, to the Secretary of War for authority to hire necessary quarters. (Par. 988, 
 ibid.) 
 
 Officers on duty without troops at stations where there are public quarters will be 
 furnished them in kind. If insufficient, application for authority to hire quarters 
 will be made as directed in paragraph 988. (Par. 989, ibid.) 
 
 An appropriate set of quarters, equal to those of a captain, will be set apart 
 
204 THE MILITARY LAWS OF THE UNITED STATES. 
 
 ACCOUNTABILITY FOR CLOTHING. 
 
 Returns of 573. Every officer who receives clothing or camp eaui- 
 
 clothing and ' . 
 
 equipage. page for theuse of his command, or for issue to the troops, 
 74,. a 2, v. 4, p. 174'; shall render to"\he Quartermaster-General, at the expira- 
 
 Feb. 27, 1877, v. . 
 
 eg, p. 243; Mar. tion of each regular quarter of the year, quarterly returns 
 29, 1894, v. 28, p. ^. guc j 1 g u ppii es according to the forms which may be pre- 
 
 Stfr 1221 R S 
 
 ' scribed, accompanied by the requisite vouchers for any 
 issues which shall have been made. 1 
 
 uniforms and 574. The clothes, arms, military outfits, and accouter- 
 to n be m s e oid! bar- ments furnished by the United States to any soldier shall 
 ioaned% c tc angef ' not be sold, bartered, exchanged, pledged, loaned, or given 
 75 M 8 ar 23!'v 86 i2,p.' away; and no person not a soldier, or duly authorized offi- 
 
 3748 B s cer ^ ^ e United States, who has possession of any such 
 clothes, arms, military outfits, or accouterments, so fur- 
 nished, and which have been the subjects of any such sale, 
 barter, exchange, pledge, loan, or gift, shall have any 
 right, title, or interest therein; but the same maybe seized 
 and taken wherever found by any officer of the United 
 States, civil or military, and shall thereupon be delivered 
 to any quartermaster, or other officer authorized to receive 
 the same. The possession of any such clothes, arms, mili- 
 tary outfits, or accouterments by any person not a soldier 
 or officer of the United States shall be presumptive evidence 
 of such a sale, barter, exchange, pledge, loan, or gift. 
 
 permanently for the chaplain. He will not be displaced, except by a reduction when 
 the quarters are insufficient for the garrison, and he will not then be entirely dis- 
 placed, nor allowed to choose others. (Par. 991, ibid.) 
 
 An officer's right to quarters is solely one of occupancy; when he and his famil 
 cease to occupy them, except in case of temporary absence, they are open to selectio 
 by, and reassignment to some other officer on duty at the post. (Par. 992, ibid.) 
 
 When assigned to duty without troops or awaiting orders for the convenience o 
 the Government, officers will be entitled to quarters, but in no case will they be fur 
 nished quarters at two stations at the same time. (Par. 993, ibid.) 
 
 For statutory provisions respecting commutation of quarters see the chapte 
 entitled THE PAY DEPARTMENT. See also, for provisions respecting the construe 
 tion of quarters for hospital stewards, paragraph 692, post. 
 
 The Quartermaster's Department will provide in all permanent barracks a bo 
 locker for each enlisted man for his uniform and extra clothing. Each man will pro 
 vide his own lock. (Par. 981, A. R., 1895.) 
 
 1 The question of property accountability in the War Department is now regulate 
 by the provisions of the act of March 29, 1894 (28 Stat. L., 47), which will be found k 
 the chapter entitled THE PUBLIC PROPERTY. 
 
CHLAJPTER 
 
 THE SUBSISTENCE DEPARTMENT. 
 
 Par. 
 
 575. The Subsistence Department ; 
 
 organization. 
 
 576. Duties. 
 
 577. Officers not to trade in arti- 
 
 cles for issue or sale. 
 
 578. Subsistence to seamen and 
 
 marines. 
 
 579. Post commissary-sergeants. 
 
 580. The ration. 
 
 581. Increase of the ration. 
 
 582. Enlisted men to receive one 
 
 ration daily. 
 
 583. No enlisted man to receive 
 
 more than one ration daily. 
 
 584. Matrons and nurses. 
 
 585. Coffee and sugar commuted. 
 
 Par. 
 
 586. Coffee and sugar ration to be 
 
 issued weekly. 
 
 587. Sales to officers and enlisted 
 
 men. Credit sales. 
 
 588. Sales to be made at cost. 
 
 589. Sales of rations. 
 
 590. Sales of tobacco. 
 
 591. Exceptional supplies. 
 
 592. Proceeds of sales applicable 
 
 to new purchases. 
 
 593. Proceeds of sales available 
 
 for purchase of supplies. 
 
 594. Appropriations for subsist- 
 
 ence applicable to purchase 
 of stores for sale to offi- 
 cers, etc. 
 
 575. The Subsistence Department of the Army shall en e 
 consist of one Commissary-General of Subsistence, withjJJJ*' or K ani 
 the rank of brigadier-general; two assistant commissaries- ^'J^V^u' ' 
 general of subsistence, with the rank of colonel of cavalry ; 334'; June 23,18*74, 
 
 J 7 c. 458, s. 3, v. 18, 
 
 three assistant commissaries-general of subsistence, with P. 244 , F<&. ^2, 
 the rank of lieutenant-colonel of cavalry; eight commis- se'c.ii40,ksJ 
 saries of subsistence, with the rank of major of cavalry ; 
 and eight commissaries of subsistence, with the rank of 
 captain of cavalry. 1 
 
 'The Department was reorganized by the act of June 23, 1874 (18 Stat. L., 244) 
 which provided that the number of lieutenant-colonels should hereafter be fixed at 
 three and the number of captains at twelve; by the act of February 12, 1895 (28, 
 Stat. L., 656), the number of captains was reduced to eight. The requirement of the 
 act of March 3, 1883 (22 Stat. L., 457), authorizing appointments to this Department 
 from civil life, was repealed by the act of August 6, 1894 (28 Stat. L., 234). Appoint- 
 ments to the lowest grade are now required to be made from the next lower grade 
 in the line of the Army. For general provisions respecting appointments and pro- 
 motions in this Department, see the chapter entitled THE STAFF DEPARTMENTS. 
 
 GENERAL DUTIES. 
 
 The Subsistence Department, under the direction of the Secretary of War, pro- 
 vides for the distribution and expenditure of funds appropriated for subsisting 
 enlisted men and for purchasing articles kept for sale to officers and enlisted men. 
 The Ccmmissary-General furnishes lists of articles authorized to be kept for sale, 
 and gives instructions for procuring, distributing, issuing, selling, and accounting 
 for all subsistence supplies. (Par. 1226, A. R., 1895.) 
 
 Subsistence supplies comprise 
 
 (1) Subsistence stores, consisting of articles composing the ration and those fur- 
 nished for sale to officers and enlisted men, also lantern candles for stable use, forage 
 for beef cattle, and coarse salt for public animals and rebrining. 
 
 (2) Subsistence property, consisting of the necessary means for handling, preserv- 
 ing, issuing, selling, and accounting for these stores. (Par. 1230, ibid.) 
 
206 THE MILITARY LAWS OP THE UNITED STATES. 
 
 Duties, 576. it shall be the duty of the officers of the Subsistence 
 
 Apr. 14, 1818, c. 
 
 427 8 Mar 3' IBS?' ^ e P artmen ^? under the direction of the Secretary of War, 
 c. 49, s.i', v.4, pi to purchase and issue to the Army such supplies as enter 
 sec. ii4i, K.S. into the composition of the ration. 1 
 
 8 a?ticie8 ^' ^ on ^ cer belonging to the Subsistence Department, 
 s^sue or sale. or doing the duty of a subsistence officer, shall be con- 
 6i, s. 9, v. s, jp.' cerned, directly or indirectly, in the purchase or sale of any 
 c. 49, s. i.vl 4, pi article entering into the composition of the ration allowed 
 c. si, s. e.V.'is, pi to troops in the service of the United States, or of any 
 
 497; July 28, 1866, * . j 
 
 c.299, 8 .25,v. 14, article designated by the inspectors-general of the Army, 
 p 'lec.' use, R.S. and furnished for sale to officers and enlisted men at cost 
 prices, or of tobacco furnished for sale to enlisted men, 
 except on account of the United States ; nor shall any such 
 officer take or apply to his own use any gain or emolument 
 for negotiating or transacting any business connected with 
 the duties of his office, other than that which may be allowed 
 by law. 
 
 seam^n^dml 578< The officers of tne Subsistence Department shall, 
 "Sec 1143 B s u P on ^ e requisition of the naval or marine officer com- 
 manding any detachment of seamen or marines under orders 
 to act on shore, in co-operation with the land troops, and 
 during the time such detachment is so acting or proceeding 
 to act, furnish rations to the officers, seamen, and marines 
 of the same. 
 
 POST COMMISSARY-SERGEANTS. 
 
 sarv ser St? 8 " *^* ^ e Secretary ^ ^ ar * s authorized to select from 
 Mar. 3, 1873, c. the sergeants of the line of the Army who shall have faith- 
 sec.' nil', B.S. fully served therein five years, three years of which in the 
 grade of non-commissioned officers, as many commissary- 
 sergeants as the service may require, not to exceed one for 
 each military post or place of deposit of subsistence sup- 
 plies, whose duty it shall be to receive and preserve the 
 subsistence supplies at the posts, under the direction of 
 the proper officers of the Subsistence Department, and 
 under such regulations as shall be prescribed by the Secre- 
 tary of War. The commissary- sergeants hereby authorized 
 shall be subject to the rules and articles of war, and shall 
 receive for their services the same pay and allowances as 
 ordnance-sergeants. 2 
 
 1 For general provisions respecting the procurement of supplies, see the chapter 
 entitled CONTRACTS AND PURCHASES; see also the chapter entitled THE QUARTER- 
 MASTER'S DEPARTMENT. 
 
 2 The act of June 30, 1882 (22 Stat. L., 123), authorizes the detail of one commissary- 
 sergeant to act as assistant to the commissary of cadets at the Military Academy. 
 
 CIVIL EMPLOYEES. 
 
 The employment of civilians in the Subsistence Department is regulated by the 
 annual acts of appropriation. The amount to be expended for such services was fixed 
 at$105.000 in the acts of March 3, 1883, July 5, 1884, March 3, 1885, and June 30, 1886; 
 at $110,000 by the acts of February 9, 1887, September 22, 1888, March 2, 1889. June 
 13, 1890, February 24, 1891, July 16, 1892, and February 27, 1893, and at $100,000 by 
 the acts of August 6, 1894, February 12, 1895, and March 16, 1896. 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 207 
 
 THE KATION. 
 
 580. Each ration shall consist of one pound and a quarter 
 of beef or three-quarters of a pound of pork, eighteen 
 
 Jke ration^ c 
 . a e.VJ.p. 134 j 
 ounces of bread or flour, and at the rate of ten pounds of s"?! v. 5, p C 25s! 
 
 -, /. / ,, June 21, 1860, c. 
 
 conee, nlteen pounds 01 sugar, two quarts 01 salt, four 163, s 4, v 12, p 
 quarts of vinegar, four ounces of pepper, four pounds ofc.is.s.Yi v.il, 6 p' 
 soap, and one pound and a naif of candles to every hundred 7 1$ec.ii46,B. s. 
 rations. The President may make such alterations in the 
 component parts of the ration as a due regard to the health 
 and comfort of the Aimy and economy may require. 1 
 
 THE RATION. 
 
 A ration is the allowance for subsistence of one person for one day, and consists 
 of the meat, the bread, the vegetable, the coffee and sugar, the seasoning, and the 
 soap and candle components. (Par. 1251, A. R., 1895. ) See also Par. 1258. ibid. 
 
 The kinds and quantities of articles composing the ration for'troops where cook- 
 ing is practicable, and the quantities computed for 100 rations, are as follows (Par. 
 1253, ibid.) ; 
 
 Articles. 
 
 Quantities 
 per ration. 
 
 Quantities per 100 
 rations. 
 
 MEAT COMPONENTS. 
 
 Ozs. 
 20 
 
 Gills. 
 
 Lbs. 
 125 
 
 125 
 75 
 
 75 
 
 Ozs. 
 
 Galls. 
 
 or fresh mutton, when the cost does not 
 
 20 
 
 
 
 
 
 12 
 
 
 
 
 
 12 
 22 
 
 
 
 
 
 
 137 
 
 87 
 112 
 112 
 
 112 
 112 
 100 
 125 
 
 4 
 
 15 
 15 
 
 10 
 10 
 
 100 
 
 100 
 
 100 
 
 10 
 8 
 2 
 15 
 
 8 
 
 8 
 8 
 8 
 
 8 
 8 
 
 
 or, when meat can not be furnished, 
 
 14 
 
 
 
 or pickled fish 
 
 18 
 
 
 
 
 18 
 
 
 
 
 BREAD COMPONENTS. 
 
 Flour ... 
 
 18 
 
 
 
 18 
 
 
 
 
 16 
 
 
 
 
 20 
 
 
 
 
 Baking powder for troops in the field, when 
 necessary to enable them to bake their 
 own bread 
 
 18 
 
 
 
 
 VEGETABLE COMPONENTS. 
 
 Beans 
 
 2g 
 
 
 
 
 or pease 
 
 2 
 
 
 
 
 
 IK 
 
 
 
 
 or hominy 
 
 IB 
 
 
 
 
 Potatoes 
 
 16 
 
 
 
 
 or potatoes, 12$ ounces, and onions, 3 
 ounces 
 
 16 
 
 16 
 IB 
 
 
 
 
 or potatoes, lljt ounces, and canned to 
 matoes, 4| ounces; or 4| ounces of 
 other fresh vegetables not canned, 
 when they can beobtained in the vicin- 
 ity of the post or transported in a 
 wholesome condition from a distance. . . 
 
 COFFEE AND SUGAR COMPONENTS. 
 
 Coffee, green 
 
 
 
 
 
 
 
 or roasted coffee . . 
 
 ls 7 B 
 
 
 
 
 
 
 
 
 
 Sugar 
 
 2 
 
 ii 
 
 & 
 
 
 
 or molasses 
 
 
 2 
 
 2 
 
 1 
 
 or cane sirup 
 
 
 
 
 SEASONING COMPONENTS. 
 
 Vinegar . . . 
 
 
 
 
 Salt. 
 
 16 
 
 4 
 
 
 Pepper, black 
 
 1 
 
 
 4 
 
 
 SOAP AND CANDLE COMPONENTS. 
 
 Soap 
 
 u 
 
 & 
 
 
 4 
 
 
 
 Candles (when illuminating oil is not fur- 
 nished by the Quartermaster's Depart- 
 ment) 
 
 
 1 
 
 8 
 
 
 
 
 
Enlisted men 532. Enlisted men shall be entitled to receive one ration 
 
 to receive one 
 ration daily. 
 Feb. 8, 1815,v.3, 
 
 208 THE MILITARY LAWS OP THE UNITED STATES. 
 
 raSoT" 186 of the 581. That the Army ration now provided by law shall be 
 sec. 5, june^ie, increased by the addition thereto of one pound of vege- 
 tables, the proportion to be fixed by the Secretary of War. 
 Sec. 5, act of June 16, 1890 (26 Stat. L., 158). 
 
 582. Enlisted men sha 
 daily. 1 
 
 T> " 204 ' Mar. 2 1821, v. 3, p. 615 ; July 5, 1862, v. 12, 
 p! 508;' July 16, 1892, v. 27, p. 178. Sec. 1293, R. S. 
 
 THE EMERGENCY RATION. 
 
 Under the authority vested in him by section 1146, Revised Statutes, the President 
 has established an emergency ration for troops operating for short periods under cir- 
 cumstances which require them to depend upon supplies carried upon their persons. 
 Its component parts are as follows : Bacon, 10 ounces ; hard bread, 16 ounces ; pea meal; 
 4 ounces, or an equivalent in approved material for making soup ; coffee, roasted and 
 ground, 2 ounces, or tea, Bounce; saccharin, 4 grains; salt, 0.64 ounce; pepper, 0.04 
 ounce ; tobacco, i ounce. (G. O. 49, A. G. O., 1896.) 
 
 The emergency ration will be resorted to only on occasions arising in active opera- 
 tions when the use of the regularly established ration may be impracticable; that, 
 although its nutritive qualities permit its use on half allowance, it will not be so 
 used except in cases of overruling necessity, and never for a longer period than ten 
 days ; and that not more than five days' emergency rations be carried on the person 
 at one time. (Par. 2, ibid.) 
 
 TRAVEL RATION. 
 
 When troops travel otherwise than by marching, or when for short periods they 
 are separated from cooking facilities and do not carry cooked rations, the following 
 articles will be issued in lieu of all components of the ordinary ration. They consti- 
 tute the travel ration. 
 
 Articles. 
 
 Soft bread pounds.. 
 
 or hard bread do 
 
 Beef, canned do 
 
 Baked beans, 1-pound cans number. . 
 
 or baked beans, 3-pound cans do 
 
 Coffee, roasted pounds.. 
 
 Sugar .do 
 
 Per 100 
 rations. 
 
 U2J 
 100 
 
 75 
 
 33 
 
 15 
 8 
 
 15 
 
 After troops have been subsisted upon the travel ration for four consecutive days, 
 they may be allowed canned tomatoes in addition to the travel ration at the rate of 
 one pound of tomatoes per man per day. When they arrive at their destination or 
 rejoin their station, subsistence upon the ordinary ration will be resumed immedi- 
 ately, and any unconsumed articles in good condition which they may have on hand 
 will not be sold as savings, but will be turned over to the commissary. (Par. 1256, 
 A. E., 1895.) 
 
 LIQUID COFFEE. 
 
 When enlisted men supplied with cooked or travel rations travel unaccompanied 
 by an officer, funds for the purchase of liquid coffee in lieu of the coffee and sugar 
 portion of the travel ration, at the rate of 21 cents per day for the anticipated num- 
 ber of days' travel, may, on the order of the commanding officer who directs the 
 journey, be paid to each man, and his receipt therefor taken on a receipt roll, which 
 must be accompanied by a copy of the order. When enlisted men supplied with 
 cooked or travel rations travel under command of an officer, funds at the same rate, 
 for the same purpose, will be transferred to him, to be disbursed and accounted for. 
 At the end of the journey the unexpended balance, if any, will be transferred to the 
 nearest commissary. (Par. 1257, A. R., 1895.) 
 
 In adjusting charges to be made against enlisted men or others on account of 
 increased expense to the Government for their subsistence, the value of the ordi- 
 nary ration will be estimated at 18 cents ; that of the travel ration at 40 cents. 
 
 Enlisted men and hospital matrons are each entitled to one i*ation per day. When 
 the circumstances of their service make it necessary, civilians employed with the 
 Army may each be allowed one ration per day. (Par. 1252, ibid.) 
 
 Small quantities of food (articles of the ration) may on the order of the command- 
 ing officer, be issued to Indians visiting a military post. The order will state the 
 number of Indians and their tribe, number of days for which the issues are made, 
 quantities, and necessity for the issues. Indians will not be continuously subsisted 
 
 1 Section 1293, Revised Statutes, which authorized the issue of one and a half 
 rations daily to sergeants and corporals of ordnance, was repealed by the act of July 
 16, 1892 (27 Stat. L., 178). So much of section 1295, Revised Statutes, as authorized 
 the issue of rations to laundresses was repealed by the operation of section 5 of the 
 act of June 17, 1878 (20 Stat. L., 150). 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 209 
 
 583. Hereafter no enlisted man shall be entitled to more 27 Jul f 7 1 8 6 ' 1892 v - 
 than one ration daily. Act July 16, 1892 (27 Stat. L., 178). 
 
 584. Hospital matrons and the nurses employed in post Matrons and 
 
 nurses. 
 
 or regimental hospitals, shall be entitled to receive one Mar. ic, 1302, c. 
 
 9, s. 5, v. 2, p. 134 ; 
 
 ration daily. J une i s, isis, s. 5, 
 
 v. 20, p. 150. 
 
 in this manner except by authority of the Secretary of War. A copy of the order 
 directing the issue will accompany the abstract of issues. (Par. 1266, ibid.) 
 
 Subsistence will not bo issued to destitute persons except when the commanding 
 officer assumes the responsibility of ordering the issue to relieve starvation or 
 extreme sutt'ering. In such cases the circumstances will be fully stated m the order. 
 (Par. 1267, ibid.) 
 
 At posts and stations where illuminating oil is furnished by the quartermaster, 
 candles are not issued as part of the ration except to individuals whom it is not 
 practicable to supply with oil. (Par. 1255, ibid.) 
 
 OTHER ISSUES OF SUBSISTENCE STORES. 
 
 The following issues are made when necessary for the public service: 
 
 Articles. 
 
 Allowance. 
 
 Quan- 
 tity in 
 bulk. 
 
 Equiv- 
 alent 
 in ra- 
 tions. 
 
 1. Candles, when oil for illuminating purposes is not furnished by 
 
 the Quartermaster's Department: Lbs. 
 
 To headquarters of a department, per month 30 2, 000 
 
 To headquarters in the field 
 Of each separate army, when composed of more than one 
 
 corps,per month 40 2,667 
 
 Of an army corps, per mouth 30 2, 000 
 
 Of a division, per month 20 1,333 
 
 Of a brigade or regiment, per month 10 
 
 Of a battalion serving separately from regimental headquar- 
 ters, per month 10 667 
 
 To offices and storerooms 
 
 Of the chief quartermaster or chief commissary of a depart- 
 ment or depot of supply, from April 1 to September 30, per 
 
 month 10 
 
 Of a quartermaster or commissary of a post, from April 1 to 
 
 September 30, per month ' 5 333 
 
 From October 1 to March 31, not exceeding double the above 
 
 quantities. 
 To guards 
 To the principal guard of each camp, per month 12 800 
 
 2. Lantern candles : 
 
 To stables- 
 Such number of pounds as the commanding officer may order 
 as necessary. 
 
 3. Salt: 
 
 For public animals Ozs. 
 
 For each animal, per week 2 3 
 
 Or, when in the opinion of the commanding officer so much 
 is necessary, not exceeding, per month 12 19 
 
 4. Yinegar: 
 
 For every 100 public horses or mules, for sanitary purposes 
 Such amount as the commanding officer may order as ueces- Galls. 
 sary, not exceeding, per week 2 200 
 
 5. Flour: 
 
 For paste used in target practice 
 
 Such quantity as the commanding officer may order as neces- 
 sary, not to exceed 50 pounds for each troop, battery, or 
 company during the target-practice season. 
 
 6. Matches: 
 
 For lighting fires and lamps for which fuel and illuminating 
 
 supplies are issued 
 Such quantities as the commanding officer may order as nec- 
 
 For statutory authority for issues of subsistence stores to Indians see paragraph 
 1441, post; see, also, paragraph 1266, A . B,., 1895. llations furnished for the use of the 
 army, being the public property of the United Stales, can only bo disposed of, or issued, 
 in accordance with law. Issues to destitute citizens, not being so authorized, are 
 made on the responsibility of the officer ordering the same. See in this connection 
 paragraph 1267, A. R., 1895. 
 
 The issues are made on ration returns signed by the officer in charge and issues 
 ordered by the commanding officer, the latter determining what quantities within 
 
 1919 14 
 
210 THE MILITARY LAWS OF THE UNITED STATES. 
 
 coffee and 535. The Secretary of War may commute the ration of 
 
 sugar may be 
 
 commuted. ^ coffee and sugar for the extract of coffee combined with 
 
 iss.s.'ioiv. 12, p! milk and sugar, if he shall believe such commutation to be 
 
 Sec.iU7>R.s. conducive to the health and comfort of the Army, and not 
 
 to be more expensive to the Government than the present 
 
 ration; provided, the same shall be acceptable to the men. 
 
 fe!"S5on n tobe S86 - The ration of sugar and coffee where issued in kind, 
 
 ^j^y 5^838%. sna N> when the convenience of the service permits, be is- 
 
 162, 8 . 17, v. 5,' p.' sue( j weekly. 
 
 Sec. 1148, B. S. 
 
 PURCHASES AND SALES OF SUBSISTENCE STORES. 
 
 an d a enii8 ted ffi men 8 587. The officers of the Subsistence Department shall 
 Juiv^fsSi o. procure, and keep for sale to officers and enlisted men at 
 299, 8 :25, V.H.P. COS prices, for cash or on credit, such articles as may, from 
 sec. 1144, it. s. time to time, be designated by the inspectors-general of 
 the Army. An account of all sales on credit shall be kept, 
 and the amounts due for the same shall be reported monthly 
 to the Paymaster-General. 1 
 be ^' That hereafter all sales of subsistence supplies to 
 
 23 Jnl io8' 188 *' v ' on ^ cers an( l enlisted men shall be made at cost price only; 
 and the cost price of each article shall be understood, in all 
 cases of such sales, to be the invoice price of the last lot 
 of that article received by the officer making the sale prior 
 to the first day of the month in which the sale is made. 2 
 Act of July 5, 1884 (23 Stat. L., 108). 
 saiesofrations. 589. Commissioned officers of the Army, serving in the 
 
 jVlRF. o, louO, C, 
 
 si, s. 5, v. is, p. field, may purchase rations for their own use, from any 
 
 sec. 1145, R.S. commissary of subsistence, on credit, at cost prices; and 
 
 the amounts due for such purchases shall be reported 
 
 monthly to the Paymaster-General. 2 
 
 f to ~ *' Tobacco shall be furnished to the enlisted men by 
 Mar. 3, 1865, c. the commissaries of subsistence, at cost prices, exclusive 
 497 8 ' p ' of the cost of transportation, in such quantities as they 
 
 sec. 1149, R.S. may re q u j re? no exceeding sixteen ounces per month. 2 
 
 B *j tiOBal 591. Hereafter exceptional articles of subsistence stores 
 2 t 1895, v. for officers and enlisted men, which are to be paid for by 
 them, regardless of condition upon arrival at posts, may, 
 under regulations to be prescribed by the Secretary of 
 War, be obtained by open purchase without advertising. 
 Act of February 12, 1895 (28 Stat. L., 658). 
 
 the limits above prescribed shall be issued. Candles, salt, vinegar, and flour for the 
 above purposes are entered on the ration returns and on the abstract of issues in 
 terms of rations, lantern candles in pounds and matches in boxes. The returns and 
 abstracts show for what places the candles are intended and the number of animals 
 and period for which salt and vinegar are drawn, giving the troop, battery, etc., to 
 which they belong. (Par. 1265, A. K., 1895.) 
 
 1 The funds received from sales made in accordance with sections 3618 and 3692, 
 Revised Statutes, and the act of March 3, 1875 (paragraphs 592. 593, and 594, post), 
 are by those statutes made available for purchases of similar supplies. 
 
 8 The acts of June 23, 1879, and May 4, 1880, contained the requirement that ten 
 per cent of the cost price should be added to the cost of all stores (except tobacco) 
 
THE MILITARY LAWS OF THE UNITED STATES. 211 
 
 PROCEEDS OF SALES. 
 
 592. All proceeds of sales of old material, condemned Proceeds of 
 
 sales available 
 
 stores, supplies, or other public property of any kind, ex- for new pur- 
 eept the proceeds of the sale or leasing of marine hospitals, sec.36is,B.s. 
 or of the sales of revenue cutters, or of the sales of com- 
 missary stores to the officers and enlisted men of the Army, 
 or of materials, stores, or supplies sold to officers and 
 soldiers of the Army, or of the sale of condemned Navy 
 clothing, or of sales of materials, stores, or supplies to any 
 exploring or surveying expedition authorized by law, shall 
 be deposited and covered into the Treasury as miscellaneous 
 receipts, on account of proceeds of Government property, 
 and shall not be withdrawn or applied, except in conse- 
 quence of an appropriation made by law. 
 
 593. All moneys received from the leasing or sale of Proceeds of 
 
 J certain sales 
 
 marine hospitals, or the sale of revenue-cutters, or from available for P ur- 
 
 . . chase of supplies. 
 
 the sale of commissary stores to the officers and enlisted Mar. 3, 1347, c. 
 men of the Army, [or from the sale of materials, stores, or Apr. 20,' ifte, c! 
 supplies sold to officers and soldiers of the Army,] or from 4o' ; 8 jiiy 2 si isee,' 
 sales of condemned clothing of the Navy, or from sales of p'. 2 336 ; 8 'Ma^ ^ 
 materials, stores, or supplies to any exploring or survey- Jf^ ^june' I,' 
 ing expedition authorized by law, shall respectively revert p 87 |j 7 c : '' 1 ' 
 
 to that appropriation out of which they were originally p 87 ^ 8 c : 
 expended, and shall be applied to the purposes for which p ^' 10 c ; ^ v - g- 
 they are appropriated by law. is??, c. 69, v. 19, P . 249. sec.b692,R.s: 
 
 594. That so much of the appropriation for subsistence Appropriations 
 of the Army as may be necessary may be applied to the 
 
 purchase of subsistence- stores for sale to officers for the Sr^saie 1 to^n? 
 use of themselves and their families, and to commanders C6 Mar et 3', is? 5, v 
 of companies or other organizations, for the use of the 18 ' p>410< 
 enlisted men of their companies or organizations, and the 
 proceeds of all sales of subsistence-supplies shall here- 
 after be exempt from being covered into the Treasury and 
 shall be immediately available for the purchase of fresh 
 supplies. 1 Act of March 5, 1875 (18 Stat. L., 410). 
 
 sold to officers and enlisted men, to cover wastage, transportation, and other inci- 
 dental charges. (21 Stat. L., 32, 111 .) This provision was repealed by the act of July 
 5, 1884, above cited. To a civilian employed with the Army at a remote place, 
 where food can not otherwise be procured, stores will be sold for cash, in limited 
 quantities, for his own use, at invoice or contract prices with 10 per cent added. 
 (Par. 1284, A. R., 1895.) The amounts due for such sales to be deducted from the next 
 payment to the officer or enlisted man. See paragraphs 659, 660, and 661, post. 
 
 ] Under the act of March 3, 1875 (18 Stat. L., 410), the proceeds of all sales of sub- 
 sistence supplies are exempt from being covered into the Treasury, and are immedi- 
 ately available for the purchase of fresh supplies. (3 Dig. Comp.'Dec,, 324.) 
 
 UndtM* the act of March 3, 1875 (18 Stat. L., 410), the proceeds of all sales of sub- 
 sistence supplies, being exempt from being covered into the Treasury, revert to the 
 appropriation ''Subsistence of the Army," out of which they were originally 
 expended, and are applicable to the purpose for which they are appropriated by law, 
 namely, the purchase of fresh supplies only during the fiscal year for which the 
 
212 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 fe Sugar and cof- 595. F or each ration of sugar and coffee not issued, nor 
 July 5, 1838, c. commuted for the extract of coffee combined with milk and 
 
 162,8. 17, v. 5, p. 
 
 258. sugar, enlisted men shall be paid in money. 1 
 
 Sec. 1294j R. &. 
 
 appropriation to which they revert is available, for which purpose they are immedi- 
 ately available without the intervention of a repay warrant. (Ibid.) 
 
 The subsistence supplies contemplated by the provision of the act of March 3, 
 1875 (18 Stat. L.,410), declaring the proceeds of all sales of such supplies immedi- 
 ately available for the purchase of fresh supplies, comprise not only the supplies 
 denominated " subsistence stores," but also the necessary means for handling, pre- 
 serving, issuing, selling, and accounting for these supplies, as tools, scales, measures, 
 utensils, stationery, safes, office furniture, etc. (Ibid., 344.) 
 
 1 SAVINGS. 
 
 Articles of the ration (excluding fresh vegetables, bread, and baking powder) due 
 a bakery, a company, or any organization, not needed for consumption, will be 
 retained by the commissary if required for reissue, and will be purchased as savings 
 at the invoice prices. Savings and sales of fresh beef (except of that issued for the 
 sick in hospital, the detachment of the hospital corps, and the hospital matron serv- 
 ing therein) are prohibited; baking powder issued but not used will be returned to 
 the commissary. The commissary will purchase the savings of hospitals (including 
 fi'esh beef) at cost prices when the surgeon in charge so desires, but will not pur- 
 chase savings of companies, bakeries, or any organization when public loss would 
 result. When not required for reissue, savings may be sold to any person. (Par. 
 1269, A. R., 1895.) 
 
 Savings purchased by the commissary will be entered on a receipt roll, in dupli- 
 cate, in the name of the organization to which they belong, and the money value 
 receipted for by the officer in charge thereof. Payments for hospital savings will be 
 made to the surgeon of the post or station. (Par. 1270, ibid.) 
 
 If savings are not paid for by the commissary in the month in which accumulated, 
 the proper organization will be furnished with an extract, in duplicate, of the receipt 
 roll, showing stores received from it and the amount due, which, duly certified by 
 the commissary and approved by the commanding officer, will be presented for pay- 
 ment to any commissary having funds for the purpose. (Par. 1271, ibid.) 
 
 When troops at a post raise their own vegetables, or when they are not supplied 
 with fresh vegetables in kind by the commissary, commutation will be allowed at 
 the prices of potatoes and onions in the vicinity' of the post or in the market from 
 which the post is supplied, in the proportion of 80 per cent of potatoes and 20 per 
 cent of onions, the commutation prices being determined monthly by the Subsistence 
 Department. (Par. 1254, ibid.) 
 
 COMMUTATION. 
 
 The principle which governs commutation of rations in lieu of subsistence is that 
 commutation will not be allowed where subsistence in kind is provided by Govern- 
 ment. (Jaegle v. U. S., 28 C. Cls. R., 133.) 
 
 Authority to establish the rates of the allowance for commutation of rations has 
 not been given by statute, but the st- rates have been left to be fixed by Army Regula- 
 tions. But these amounts are recognized and sanctioned in the provisions of thr 
 Army appropriation acts relating to the Subsistence Department. (Dig. J. A. Gen. 
 p. 579, par. 71.) 
 
 Paragraph 1273, Army Regulations, 1895, in directing that commutation in lieu . 
 rations shall not be allowed to soldiers where subsistence in kind is provided by tl 
 Government, excepts cases where the same is specially authorized by the Secretar 
 oT War. Held, that this part of the Regulations was substantially superseded b 
 the statutory provision of the existing Army appropriation act of February 27, 1? 
 which enumerates several specific classes of enlisted men as persons to whom tl 
 payment may be made without reserving to the Secretary of War any authority 
 extend the privilege. (Par. 72, ibid.) 
 
 The allowance for commutation of rations, made payable, by the Army appropi 
 tion act of February 27, 1893, "to enlisted men traveling on detached duty, when 
 Is impracticable to carry rations," etc., held to be restricted to the period covered bj 
 the travel, and not to be payable to a soldier for commutation of rations consum 
 at the destination where he was placed by his orders on detached duty, viz, for f< 
 days' board at a hotel at the terminus of his travel. (Par. 73, ibid.) 
 
 A claim for commutation of rations on furlough can not be allowed without tl 
 production of the furlough issued, or other satisfactory evidence that payment ha 
 not been made. The burden of proof rests upon the claimant to establish the valit 
 ity of his claim by something more than his unsupported statements. (1 Compt 
 Dec., 513.) 
 
 Commutation of rations may be allowed at the following rates, under the com 
 tions mentioned, viz: 
 
 Conditions. 
 
 1. To a soldier at the conclusion of his furlough, provided that on or before 
 
 the last day thereof lie has reported at his proper station or has been 
 discharged 
 
 2. To sergeants of the post noncommissioned staff (and soldiers acting as 
 
 such) on duty at forts and stations where there are no other troops 
 
 3. To a soldier on detached duty, stationed in a city or town where sub- 
 
 sistence is not furnished by the Government 
 
 Rat 
 per< 
 each. 
 
 $0. 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 213 
 
 596. The line officers of the Army shall superintend the 
 cooking done for the enlisted men. 1 
 
 Mar. 3, 1863, c. 
 
 78,s.8,v.l2,p.744. 
 
 Sec. 1234, R.S. 
 
 Conditions. 
 
 4. To a soldier traveling under orders from a place or station at which his 
 
 rations have been regularly commuted 
 
 5. To enlisted men traveling under orders (when the journey can not be per 
 
 formed in twenty-tour hours and it is impracticable to' carry rations of 
 any kind), as follows- 
 
 To an enlisted man traveling alone 
 
 To two enlisted men traveling as a detachment or traveling as a guard 
 to an insane patient or military prisoner, each 
 
 To an insane patient or military prisoner traveling under guard of 
 one or two enlisted men, to be paid, on the order of the command- 
 ing officer, in advance to and to be receipted for by the person to 
 whose charge the patient or military prisoner is committed by the 
 order 
 
 Eate 
 
 per day 
 
 each. 
 
 $1.50 
 
 1.50 
 1.50 
 
 1 50 
 
 (Par. 1272, A. E., 1895 ) 
 
 Commutation of rations will not be allowed to enlisted men serving where sub- 
 sistence is furnished by the Government; or traveling under orders when they can 
 carry and cook their rations, or can carry cooked or travel rations ; or traveling under 
 orders by steamboat or steamship where the passage rates include meals; or failing 
 to report at their proper stations on or before the last day of furlough unless dis- 
 charged; or recruiting parties at their stations; nor to civil employees. (Par. 1273, 
 ibid.) 
 
 1 Section 1233, Revised Statutes, which required cooks to be detailed, in turn, from 
 the privates of each company was repealed by the act of June 29, 1879 (20 Stat. L., 
 ch. 24, p. 276). 
 
CHAPTER XIX. 
 
 THE PAY DEPARTMENT. 
 
 Par. 
 
 603. Duties of paymasters. 
 
 604. . Paymasters' clerks. 
 
 605. Renewing bonds of paymas- 
 
 ters. 
 
 606. Payments to troops. 
 
 607. Payment of enlisted men by 
 
 check. 
 
 Pay Depart 
 ment; organiza 
 tion. 
 
 Vi8 
 .3,i875, 
 
 Par. 
 
 597. The Pay Department ; organ- 
 
 ization. 
 
 598. Right of command. 
 
 599. Additional paymasters. 
 
 600. Service to be temporary. 
 
 601. Duties of Paymaster-General. 
 
 602. Duties of deputy paymasters- 
 
 general. 
 
 597. The Pay Department of the Army shall consist of 
 one Paymaster- General, with the rank of brigadier-general; 
 ; two assistant paymasters-general, with the rank of colonel 
 '. of cavalry ; three deputy paymasters-general, with the rank 
 ;of lieutenant-colonel of cavalry; and twenty paymasters, 
 Mar. s, i875\ J^R! with the rank of major of cavalry. 1 
 
 July' 22 1876, c.' 222, v. 19, p. 95 ; Mar. 3, 1883, v. 22, p. 457 ; July 5, 1884, v. 23, 
 p. 108 ; July 16, 1892, v. 27, p. 175 ; Feb. 12, 1895, v. 28, p. 655. Sec. 1182, R. S. 
 
 Right of com- 598. Officers of the Pay Department shall not be entitled, 
 Mar. 3, 1847, c. in virtue of their rank, to command in the line or in other 
 
 61, s. 13, v. 9, p. 
 
 185. ^ staff corps. 
 
 Additional pay- 599. When volunteers or militia are called into the serv- 
 
 m ju\ e y 8 5, 1838, c. ice of the United States, and the officers of the Paymas- 
 
 162, s. 25, v. 5, p. ^ er , s Department are not deemed by the President sufficient 
 
 sec. us*, B.S. ^ ^^ punctual payment of the troops, he may appoint, by 
 
 and with the advice and consent of the Senate, and add 
 
 to said corps as many paymasters, to be called additional 
 
 paymasters, with the rank of major, not exceeding one for 
 
 every two regiments of volunteers or militia, as he may 
 
 deem necessary. 
 
 i The act of July 22, 187G (19 Stat. L., 95), fixed the rank of Paymaster-General at 
 that of brigadier -general. The act of March 3, 1883 (22 Stat. L., 457), provided that 
 -vacancies in the grade of lieutenant-colonel and major in the Department should not 
 be filled, by original appointments, until the Pay Corps should have been reduced 
 to forty paymasters. The act of July 5, 1884 (23 Stat. L., 108), authorized the retire- 
 ment of paymasters (majors) on their own application after twenty years' service, 
 and fixed the organization of the Pay Department as follows : One Paymaster-Gen- 
 eral (brigadier-general), two assistant paymasters-general (colonels), three assistant 
 paymasters-general (lieutenant-colonels), and twenty -nine paymasters (majors), and 
 provided that no new appointments should be made until the number of majors 
 should have been reduced to twenty-nine, and thereafter the number of officers 
 in the Pay Department should not exceed thirty -five. The act of July 16, 1892 (27 
 Stat. L.. 175), fixed the number of majors in the Department at twenty-five. The 
 act of February 12, 1895 (28 Stat. L., 655), fixes the number of majors and paymasters 
 at twenty and provides that there shall be no appointments to the grade of major 
 until the number of paymasters shall have been reduced to twenty. For general 
 provisions respecting promotions in this department, see the chapter entitled TUB 
 STAFF DEPARTMENTS. 
 
 214 
 
THE MILITARY LAWS OF THE UNITED STATES. 215 
 
 600. Additional paymasters shall be retained in service t j^ er , to be 
 only so long as they may be required for the payment of July 5, isss, c. 
 
 .... . , 162, 8. 25, v. 5, p. 
 
 volunteers and militia, as provided herein. 259. See.ii8o,u.s. 
 
 601. The Paymaster-General shall perform the duties 
 
 his office under the direction of the President. 9 g 16 v 2 p 135 r ii86, 8 ii.' 
 
 602. The deputy pay masters- general shall, in addition t n 
 
 paying troops, superintend the payment of armies in the ge Jf a r r aL 3 1847 9 
 
 field 61, 88. 12, 22, v. 9, p. 185; July 19, 1848, c. 104, s. 3, v.9,p. 247;' Mar! 2,' 
 
 1849, c. 80, v. 9, p. 350 ; July 28, 1866, c. 299, s. 18, v. 14, p. 335. Sec. 1187, R. S. 
 
 603. The paymasters and additional paymasters shall pay Duties of pay- 
 the regular troops, and shall pay all other troops in the Apr. 24, me, c . 
 service of the United States, when required to do so by fuiy\l*i&2? ll 
 order of the President. 1 582 . Ju i y 5 , isss.c. 162, 8 . 25, v. 5, P . 259. sect'n'ss', R. & 
 
 604. Paymasters and additional paymasters shall be cl 
 allowed a capable noncommissioned officer or private as gQ 
 
 clerk. When suitable non-commissioned officers or privates <y iiw&c.iw, 
 can not be procured from the line of the Army, they are June 2o,'i864, c 
 authorized, by and with the approbation of the Secretary 145'. June 30,' 
 of War, to employ citizens as clerks, at a salary of fourteen ' 
 
 hundred dollars a year. a Act of June 30, 1882 (22 Stat. L., 
 118}. 
 
 605. All disbursing officers of the Pay Department shall 
 
 renew their bonds, or furnish additional security, at 1849 c 
 
 once in four years, and as much oftener as the President so 
 may direct. 3 
 
 PAYMENTS TO TROOPS. 
 
 606. The Army shall be paid in such manner that the Payments to 
 
 J troops. 
 
 arrears shall at no time exceed two mouths, unless circuin- Mar. ie, 1802, c. 
 
 9, 8 13, v. 2, p. 135. 
 
 stances shall render further arrears unavoidable 4 8ec.ii89,R.s. 
 
 607. That the Secretary of War is also authorized to lit JS me ** f e b n y ' 
 arrange for the payment of the enlisted men serving at Gh jt* '^' 19S3 v 
 posts or places where no paymaster is on duty, by check or 27 > P- W5. 
 
 by currency, to be sent to them by mail or express, at the 
 expense and risk of the United States. 4 Act of February 
 27, 1893 (27 Stat. L., 175). 
 
 'Paymasters of the Army are the financial agents of the Government, and their 
 disbursements, represented by vouchers, are examined and scrutinized by the 
 Comptroller, whose duty it is finally to determine whether or not any particular 
 disbursement shall be credited to the officer. In charging an officer, orrefnsing him 
 credit for erroneous disbursements, the question of proper care invariably enters 
 into consideration in arriving at a decision. The right to determine that question is a 
 most essential feature of the functions of the Comptroller. (3 Dig. Compt. Dec., 11.) 
 
 : For statutory provisions as to the travel allowances of paymasters' clerks, see 
 "Mileage," paragraph 634, post. The act of February 27, 1893 (27 Stat. L., 176), pro- 
 vides that "the number of paymasters' clerks shall be reduced one for every pay- 
 master reduced under the operation of this act." 
 
 3 For general provisions respecting bonds of disbursing officers, see the chapters v 
 
 entitled THE TREASURY DEPARTMENT and THE STAFF DEPARTMENTS. 
 
 4 PAYMENT OF ENLISTED MEN. 
 
 Troops will be paid every month unless circumstances prevent, in which case the 
 
216 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 PAT AND ALLOWANCES. 
 
 Par. 
 
 608. Rates of pay to officers. 
 
 609. Pay of principal assistant in 
 
 Ordnance Bureau. 
 
 Par. 
 
 610. Mounted pay. 
 
 611. To Le paid monthly. 
 
 612. Brevets. 
 
 paymaster charged with the payment will immediately report the facts through his 
 chief paymaster to the Pay master- General. (Par. 1348, A. R., 1895.) 
 Payments will he made as soon after the close of each mouth as practicable: 
 
 ( 1 ) By paymasters in person ; or 
 
 (2) By check or currency shipped by express. 
 
 The troops at posts where paymasters are stationed and others in their immediate 
 vicinity, to be designated in instructions issued from the Adjutant General's Office, 
 will be paid by paymasters in person. 
 
 For posts at which payments are not required to be made in person, the paymaster 
 will transmit the pay due in one or more of the following ways: 
 
 (1) By individual check, payable to the order of each manfor the exact amountdue. 
 
 (2) By inclosing in a separate sealed envelope the exact amount in currency due 
 each soldier, with his name and the amount inclosed marked thereon. (Par. 1349, 
 ibid.) 
 
 Duplicate muster and pay rolls will be duly signed by the men, and forwarded by 
 the commanding officer by mail to the paymaster who has been designated by the 
 department commander to pay the command. (Par. 1350. ibid.) 
 
 When forwarding the rolls the post commander will furnish the paymaster with 
 the name, rank, etc., of the officer designated to see that the men of the command 
 are paid, and at the same time will state what part of the pay can conveniently be 
 received by the men in individual checks and cashed at or near the post without 
 discount, designating the location of depository on which it is desired that the 
 checks should be drawn. The remainder of the pay will be sent in envelopes. 
 (Par. 1351, ibid.) 
 
 The paymaster will, as far as practicable, draw the checks on the depository desig- 
 nated, the checks and money for each organization will be inclosed in separate pack- 
 ages properly marked, and the whole will be consolidated into one package and 
 forwarded by express to the post commander. One of each ot the company or 
 detachment rolls extended to show the amounts to be paid will be returned to the 
 commanding officer and by him sent to the proper company commanders. (Par. 
 1352, ibid.) 
 
 At places beyond express delivery, the post commander, when notified by the 
 paymaster that funds are to be expected, will send an officer with a suitable escort 
 to receipt for the express package and convey the funds to the post. The name of 
 the officer authorized to receipt for the package will previously have been reported 
 to the paymaster. (Par. 1353, ibid.) 
 
 When the package is received at the post, it will be delivered to the officer who 
 has been designated by the commanding officer to distribute the pay. As soon as 
 possible the individual checks or the currency will be handed to the men by the 
 officer designated, and when the payment is in currency from envelopes, a second 
 officer, who may be the company commander, will be required to verify the amounts 
 in the envelopes, so that, in case of error, certificates may be prepared at once by 
 both officers. Should there be a deficiency, it will be so certified on the roll by the 
 paying and the verifying officers, and should there be an excess the surplus will be 
 returned to the paymaster. In each case a statement of the facts, with appropriate 
 certificates, will be sent to the paymaster by the post commander. ( Pai . 1354, ibid.) 
 
 Should any error or informality be discovered in a check, it will be returned to the 
 paymaster for correction ; and the roll may be held, or returned with a note as to the 
 nonpayment, at the discretion of the post commander. (Par. 1355, ibid.) 
 
 Should the bank or person who cashes the individual check so desire, the company 
 commander will certify to the correctness of the indorsements made by his men upon 
 their respective checks. (Pat. 1356, ibid.) 
 
 Each company commander will witness the payment of the company and so certify 
 on the roll, which he will then transmit to the paymaster. When the paymaster has 
 received this witnessed roll he will send the duplicate to be witnessed and returned. 
 Should it be impracticaDle, owing to his absence or incapacity, to secure the signa- 
 ture of the witnessing officer to the second roll, any commissioned officer may make 
 upon it an official copy of the witnessing officer's certificate and signature as evi- 
 denced by the retained roll. (Par. 1357, ibid.) 
 
 Should a soldier die or desert in the interval between signing the roll and the 
 actual payment, the check or the cash received for him will be treated as the effects 
 of a deceased soldier or of a deserter. Should he be temporarily absent or in con- 
 finement, it will be retained by the company commander until return or release of 
 the soldier. (Par. 1358, ibid.) 
 
 Should a soldier decline to receive his pay, or if. for any other reason than those 
 mentioned, it should be impracticable to deliver it to him, the money or check will be 
 returned by express or registered mail to the paymaster, the man's signature on the 
 roll canceled, and a note of explanation verified' by the signature of the witnessing 
 officer made upon the roll. (Par. 1359, ibid.) 
 
 Deposits may be made in the usual manner, the amount to be deposited being 
 reported to the paymaster by letter forwarded with the rolls, the soldier's deposit 
 book being also forwarded therewith. Should a man desire to deposit a sum greater 
 than his pay, his company commander will see that a proper check, postal order, or 
 express order accompanies his deposit book; if neither check nor order can be 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 217 
 
 Par. 
 
 613. Allowances. 
 
 614. Service pay. 
 
 615. Not to exceed 40 per centum 
 
 of yearly pay. 
 
 616. Maximum of colonel's and 
 
 lieutenant-colonel's pay. 
 
 617. Service for longevity pay, 
 
 how computed. 
 
 Par. 
 
 618. To be computed on yearly 
 
 pay of grade. 
 
 619. Pay of retired officers. 
 
 620. Pay of officers whoily retired. 
 
 621. Pay during absence. 
 
 622. Leaves of absence on full pay. 
 
 623. Forfeiture of pay during ab- 
 
 sence without leave. 
 
 OFFICERS. 
 
 p. 320; July 24, 
 1876, c. 220, v. 19, 
 p. 97. 
 Sec. 1261, R.S. 
 
 608. The officers of the Army shall be entitled to the Kates of pay 
 
 to officers. 
 
 pay 1 herein stated after their respective designations: Mar. 2, 1867, c. 
 
 The General : thirteen thousand five hundred dollars a 423'; jui/is.is'To,' 
 
 c. 294, s. 24, v. 16, 
 
 year. 
 
 Lieutenant-General : eleven thousand dollars a year. 
 
 Major-general: seven thousand five hundred dollars a 
 year. 
 
 Brigadier-general : five thousand five hundred dollars a 
 year. 
 
 Colonel : three thousand five hundred dollars a year. 
 
 Lieutenant -colonel: three thousand dollars a year. 
 
 Major: Two thousand five hundred dollars a year. 
 
 Captain, mounted: two thousand dollars a year. 
 
 Captain, not mounted: eighteen hundred dollars a year. 
 
 Adjutant: eighteen hundred dollars a year. 
 
 Kegimental quartermaster: eighteen hundred dollars a 
 year. 
 
 First lieutenant, mounted: sixteen hundred dollars a 
 year. 
 
 First lieutenant, not mounted : fifteen hundred dollars a 
 year. 
 
 Second lieutenant, mounted: fifteen hundred dollars a 
 year. 
 
 Second lieutenant, not mounted : fourteen hundred dol- 
 lars a year. 
 
 Chaplain : fifteen hundred dollars a year. 2 
 
 obtained, the company commander will send the money by registered mail at public 
 expense, verifying the amount and reporting it in a separate communication to the 
 paymaster. Deposit books will be returned oy the paymaster to the company com- 
 mander properly filled in for attestation. (Par. 1360, ibid.) 
 
 Troops in the field will bo paid by currency in envelopes, unless the department 
 commander directs personal payment by the paymaster. (Par. 1361, ibid.) 
 
 In time of war, troops in active campaign will be paid by paymasters in person; 
 troops in garrison may be paid by the paymaster or by checks or currency in envel- 
 opes; troops in campaign by either of these methods, as the army or department 
 commander may direct. " (Par. 1362, ibid. See, also, G. 0., 31, A. G. O., 1896 ) 
 
 'Pay is the monthly pecuniary compensation of officers and soldiers of the Army, 
 as fixed by sections 1261, 1280, etc.. Revised Statutes. It is quite distinct from 
 "allowances." Dig.J. A. G., 560, par. 1; 10 Opin. Att. Gen. ,285. The right to pay 
 begins and ends with the period of legal service. Except by special authority of 
 Congress, an officer or soldier can not be paid for military service rendered before 
 appointment, enlistment, or muster in. See note 1 to paragraph 614, post. See also 
 the chapter entitled COMMISSIONED OFFICERS. 
 
 2 See, for rank and retired pay of these officers, paragraph 931, post. 
 
218 THE MILITAEY LAWS OF THE UNITED STATES. 
 
 Aid to major- general: two hundred dollars a year, in 
 addition to pay of his rank. 
 
 Aid to brigadier-general : one hundred and fifty dollars 
 a year, in addition to pay of his rank. 
 
 Acting assistant commissary: one hundred dollars a 
 year, in addition to pay of his rank. 
 
 Ordnance store-keeper at Springfield armory r 1 two thou- 
 sand five hundred dollars a year. 
 
 All other store-keepers : two thousand dollars a year. 
 prf^istSnt^in 609 ' Tue P rinci P a l assistant in the Ordnance Bureau 
 ordnance BU- shall receive compensation, including pay and emoluments, 
 r Feb 27 187? v no ^ exceeding that of a major of ordnance. 
 
 ]9, p. 243. Se<% 1279, R. S. 
 
 ^ nat officers of the Army and of Volunteers assigned 
 
 GQ, v. 19, p. 243. ' 'to duty which requires them to be mounted shall, during 
 
 Sec. IL < lv. S. _ 11 
 
 the time they are employed on such duty receive the pay, 
 emoluments, and allowances of cavalry officers of the same 
 grade respectively. 2 
 
 m ^nthi be paid ^ll. ^ ne sums hereinbefore allowed shall be paid in 
 
 294 U s 24* V 8 ie' c ' mont hty payments by the paymaster. 3 
 
 320! Sec. 126?,' R. S. 
 
 Brevets. Qi2. Brevets conferred upon commissioned officers shall 
 
 82, v. 12.' p. 758 ; not entitle them to any increase of pay. 
 
 AI <ir. 3, 186o, c. 79, 
 
 s. 9, v. 13, p. 488. 
 
 Sec* 1264, R. S. 'And the ordnance storekeeper on duty as disbursing officer and assistant to the 
 chief of ordnance. See paragraph 856. note, and paragraph 863, post. 
 
 8 A mounted officer is one who, by statute, regulations, or army organization, is 
 "required" to be mounted at his own expense. Harold v. U. S.,23 (J. Cls. R., 295. 
 An officer of a battery designated by the President as a "light battery" is entitled 
 to mounted pay from the date of such designation. Ibid. Officers are not assigned 
 to duty "requiring them to be mounted" when no order or authorization requiring 
 them to mount themselves has been issued by the War Department, and they have 
 merely been riding Government horses, by permission, and have been furnished with 
 Gpvernmentequipments. Forbes v. U. S., 17 C. Cls. R., 32. Nor are officers so assigned 
 within the meaning of the act of February 12, 1877, where they are simply mounted 
 on Government horses captured from Indians, and do not furnish, at their own 
 expense, horses, saddles, bridles, sabers, pistols, spurs, and other cavalry equipments. 
 Ibid. ; Carter v. U. S., 22 ibid., 73. 
 
 The following officers, in addition to those whose pay is fixed by law, are entitled 
 to pay as mounted officers: Officers of the staff corps below the rank of major, offi- 
 
 requires them to be mounted and so certified by the latter on their pay vouchers. 
 Acting judge-advocates of military departments, duly detailed, are entitled, while 
 BO serving, to the rank, pay, and allowances of captains of cavalry. (Par. 1301. 
 A R., 1895.) 
 
 Department commanders will announce, in ordersy the authority obtained from the 
 Secretary of War for mounting companies of infantry, giving the date from which 
 such mounted service commences, and termination of the Hame. (Par. 1302, ibid.) 
 
 Muster rolls and returns of light batteries and companies of mounted infantry 
 will show the number, date, and sourceof order authorizing mounted service. The 
 pay accounts of officers charging mounted pay will contain the same information. 
 A copy of the order will be attached to the first muster rolls prepared after the bat- 
 tery or company has been equipped or mounted; a copy of the order discontinuing 
 such service will appear oa the first muster rolls prepared after its discontinuance. 
 (Par. 1303, ibid.) 
 
 PAYMENTS TO OFFICERS. 
 
 8 Officers willbe paid monthly, on duplicate accounts, certified by themselves, accord- 
 ing to prescribed forms. (Par. 1298. A. R., 1895.) 
 
 Section 1268, Revised Statutes, requires that officers shall be paid monthly, and 
 section 3848, Revised Statutes, in effect, forbids their being paid in advance. Their 
 right, however, to assign their monthly pay, when duly accrued, has long been 
 
THE MILITARY LAWS OF THE UNITED STATES. 219 
 
 618. No allowances shall be made to officers in addition Allowances, 
 
 ' July 15, 1870, c. 
 
 to their pay except as hereinafter provided. 1 294, 8 . 24, v. ie, P . 
 
 LONGEVITY PAY. 
 
 614. There shall be allowed and paid to each commis- 
 sioned officer below the rank of brigadier- general, includ- 320! 8 ' ' v ' >p ' 
 
 Sec ITsJ R S 
 
 ing chaplains and others having assimilated rank or pay, 
 ten per centum of their current yearly pay for each term of 
 five years of service. 2 
 
 admitted. 15 Opin. Att. Gen., 611. The prohibition in paragraph 1300 of the transfer 
 of pay accounts before they are due implies the right to transfer them when or after 
 due. Dig. J. A. G., 570, par. 28; 15 Opin. Att. Gen., 271. The pay of an officer 
 authorized to receive it can be paid by a paymaster only to the officer himself 'or 
 his proper assignee. Where two or more persons produce assignments of an officer's 
 pay, or of a portion or portions of the same, the paymaster should refuse to pay at 
 all. The Government can not undertake to decide such controversies. Dig. J. A. G., 
 570, par. 29. 
 
 An officer will not hypothecate nor transfer a pay account not actually due. 
 a When due it may be transferred by indorsement, naming the party to whom trans- 
 ferred, and may be paid by the proper paymaster if satisfied of the genuineness of 
 the officer's signature and if no stoppage or other disability as to pay prevents. The 
 date . of transfer, certified by the officer whose account it is, w'i 11 appear in the 
 indorsement. When an officer transfers a pay account, he will, at the time of transfer, 
 communicate the fact to the chief paymaster of the department, through the pay- 
 master who is expected to pay it. If the officer be on leave, or if his accounts be 
 payable in Washington, the notification of transfer will be made to the Paymaster 
 General. (Par. 1300, ibid.) 
 
 The assignment of their pay accounts by army officers after the. same become 
 due is authorized by paragraph 1300 of the Army Regulations of 1895, and is legal. 
 (3Compt.Dec.,45.) 
 
 A person appointed to the Army, or receiving an appointment to a new office 
 therein, is entitled to pay from date of acceptance only. In all cases of promotion 
 an officer is entitled to pay from date of vacancy. (Par. 1306, A. R., 1895.) 
 
 In payment to officers and enlisted men, the days of commencement and .expira- 
 tion of service will be included. When service begins on the 31st day of a month, 
 pay will not be allowed for that day. (Par. 1312, ibid.) 
 
 An acting commissary will be paid the additional pay allowed by law, on the cer- 
 tificate of the Commissary-General that he has performed the duty contemplated 
 therein during the time charged. To entitle him to this pay he must be detailed 
 
 under proper orders from some established, post or body of troops,. and must issue 
 full rations to troops from stores for which 
 
 he is responsible. (Par. 1304, ibid.) 
 
 No officer shall receive pay for two staff, appointments for the same time. This 
 prohibition does not prevent a quartermaster of a regiment who, in addition to the 
 duties of his office, may be acting commissary, from receiving the extra compensat 
 tion allowed by law for performing the duties of the latter. (Par. 1305, ibid.) 
 An officer leaving the service will, before receiving final payment, produce certifi- 
 
 cates as to his indebtedness to the United States, and will make oath upon the final 
 voucher to the correctness of the several items contained therein, stating the place 
 of his residence, and that he is not indebted to the United States on any account 
 whatever, except as shown by said certificate. (Par. 1307, ibid.) 
 
 An officer who tenders his resignation while on duty will receive pay to include 
 the date on which he receives notice of acceptance, if he continue on duty until that 
 time; or if sooner relieved from duty, to include the date of relief. An officer 
 whose resignation takes effect while on leave will be paid to include date of accept- 
 ance. (Par. 1308, ibid. ; Burger v. U. S., 6 C. Cls. R., 35.) 
 
 An officer placed upon the retired list will receive active pay to include the date 
 of retirement. If on duty, he will receive such pay to include the date of relief 
 from duty. (Par. 1309, A.K., 1895.) 
 
 An officer dismissed by sentence of court-martial will be paid to the date of termi- 
 nation, of service, as specified in the order promulgating the sentence. (Par. 1310, 
 ibid.) 
 
 An officer of the Army appointed to a grade in the volunteers or militia in the 
 service of the United States superior to that held by him in the Army will be 
 entitled to the pay and emoluments of the grade to which appointed, after muster 
 therein. (Par. 1313, ibid.) 
 
 'Pay is the fixed and direct amount given by law; allowances or emoluments are 
 indirect or contingent remuneration ; both are compensation. (Sherburne v. U. S., 
 16 C. Cls. R., 491.) See also note 1 to paragraph 608, ante. 
 
 ! Longevity pay is founded upon the equivalent of increased judgment and capacity 
 acquired by the experience of continued service. Brown v. U. S., 18 C. Gls. R., 545. 
 Acts authorizing longevity pay are remedial statutes, and officers are entitled to a 
 liberal interpretation of them, the language used being given as broad a meaning as 
 Congress'may be presumed to have intended. Hendee v. U. S., 22 C. Cls. R., 134; 19 
 ibid., 153. 
 
 An officer once in actual service, under color of office, is entitled to have the time 
 
220 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Not to exceed 615. Th e total amount of such increase for length of 
 
 40 per centum ol 
 
 yearly pay. service shall in no case exceed forty per centum on the 
 
 July 15, 1870, c, 
 
 294, s. 24, v. 16, p. yearly pay of the grade as provided by law. 
 Maximum V 616. In no case shall the pay of a colonel exceed four 
 
 colonel's and 
 
 lieutenant -coi- thousand five hundred dollars a year, or the pay ot a lieu- 
 n\yi5-i87o c tenant-colonel exceed four thousand dollars a year. 
 
 294, s. 24, V. 16,'p! 320. Sec. 1267, R. S. 
 
 longevity pfy* 617t Tnat OU and afteF tlie P aSSa g e f tnis act 7 a11 officers 
 
 bow computed. o f the Army of the United States who have served as 
 
 Sec. 7, June 18, J 
 
 1878, v. 20, p. 150. officers in the volunteer forces during the war of the rebel- 
 lion, or as enlisted men in the armies of the United States, 
 regular or volunteer, shall be, and are hereby, credited with 
 the full time they may have served as such officers and as 
 such enlisted men in computing their service for longevity 
 pay and retirement. 1 Sec. 7, act of June 18, 1878 (20 Stat. 
 L., 150). 
 TO becomput- 618. That from and after the first day of July, eighteen 
 
 ed on yearly pay 
 
 of grade. hundred and eighty-two, the ten per centum of increase 
 
 June 30, 1882, . , ,. , A 
 
 v. 22, p. 118. lorlengthoi service allowed to certain officers by section 
 1262 of the Revised Statutes [par. 614, ante] shall be com- 
 puted on the yearly pay of the grade fixed by sections 
 1261 [par. 608, ante] and 1274 [par. 619, post] of the Eevised 
 Statutes. Act of June 30, 1882 (22 Stat. L., 118). 
 
 RETIRED OFFICERS. 
 
 Pay of retired 619. Officers retired from active service shall receive 
 
 omcers. 
 
 July is, 1870, c. seventy-five per centum of the pay of the rank upon which 
 
 294, s. 24, v. 16, p. 
 
 320; Mar. 3,1875, they are retired. 2 
 
 C.178,v.l8,p.512 ; * 
 
 Koberts'a Case, 10 C. Cls. R., 283. Sec. 1274, B. S. 
 
 credited to him in the computation of longevity pay. Gould v. U. S., 19 C. Cls. R., 
 593. The time of actual service is to be credited to an officer in the computation of 
 his longevity pay, without regard to a defect in his title to the office. Palen v. 
 U. S., 19 ibid., 389. Service as chaplain prior to the act of March 2. 1867 (14 Stat. L., 
 423), can be reckoned in computing longevity pav, chaplains being in the military 
 service prior to that date. U. S. v. LaTourette, 151 U. S., 572. Service as a contract 
 surgeon can not be reckoned in such computation. Byrnes v. U. S., 26 C. Cls. R., 
 302; Hendee v. U. S., 124 U. S., 309. Before the passing of the act of July 28, 1866, 
 as well as afterwards, the corps of cadets of the Military Academy was a part of the 
 Army of the United States, and a person serving as a cadet was serving in the 
 Army ; and the time during which a person has served as a cadet was, therefore, 
 actual time of service by him in thelineof the Army. Morton v. U. S., 112 U.S., 1,7. 
 In computing longevity pay, service performed as cadets at the Military or Naval 
 Academy, or as enlisted men of the Army or Navy, will be counted. (Par. 1311, 
 
 1 See note 2 on page 219. 
 
 2 Re tired officers being in the military service of tht, Government, the increased 
 pay of 10 per cent for each five years' service applies to the years so passed in the 
 service, after retirement as well as before. U. S. v. Tyler, 105' U. S., 244, 246, and 16 C. 
 Cls. R., 223. 
 
 An officer placed upon the retired list will receive active pay to include the date 
 of retirement. It on duty, he will receive such pay to include the date of relief 
 from duty. (Par. 1309, A. R., 1895.) 
 
 For provisions respecting the retirement of officers and their status, see the title 
 Retirement of Omcers in the chapter entitled COMMISSIONED OFFICERS. See also 
 
 23; 17ibid " 437 ' and105 
 
THE MILITARY LAWS OF THE UNITED STATES. 221 
 
 OFFICERS WHOLLY RETIRED. 
 
 620. Officers wholly retired from the service shall be J 
 entitled to receive, upon their retirement, one year's pay 42 A 8 ug 1 7fv! 8 i 6 2 1 ,'p! 
 and allowances of the highest rank held by them, whether 29 ; c>1275 BiS> 
 by staff or regimental commission, at the time of their 
 retirement. 
 
 PAY DURING ABSENCE. 
 
 621. Officers when absent on account of sickness or Pay during ab- 
 wouuds, or lawfully absent from duty and waiting orders, Aug. 3, isei, c . 
 shall receive full pay; when absent with leave, for other 296 f'Ma/Mseai 
 causes, full pay during such absence not exceeding in the p. vie?' jtine 20) 
 aggregate thirty days in one year, and half-pay during ^^ 
 such absence exceeding thirty days in one year. When ^ ^ib^ 
 absent without leave, they shall forfeit all pay during such %%* V 8 \' - 
 absence, unless the absence is excused as unavoidable. 1 jSJV'io 1 ? 8 !^ 
 
 U. S. v. Williamson, 23 Wall., 411. Sec. 1265?R. S.' 
 
 622. All officers on duty shall be allowed, in the discre- leaves of ab- 
 
 * ' senceon full pay. 
 
 tion of the Secretary of War, sixty days' leave of absence v julv 29 ' 1876 
 
 without deduction of pay or allowance : Provided, That the 
 
 same be taken once in two years : And provided further, 
 
 That the leave of absence may be extended to three months, 
 
 if taken once only in three years, or four months if taken 
 
 only once in four years. 2 Act of July 29, 1876 (19 Stat. L., 
 
 102). 
 
 1 Section 1265 of the Revised Statutes was replaced by the act of May 8, 1874 (18 
 Stat. L., 43), which provided that "all officers on duty west of a line drawn north and 
 south through Omaha City and north of a line drawn east and west upon the 
 southern boundary of Arizona shall be allowed sixty days' leave of absence without 
 deduction of pay or allowances : Provided, That the leave is taken but once in two 
 years: And provided further, That the leave may be extended to three months if 
 taken only once in three years, or four months if taken once only in four years." 
 This statute was superseded by the act of July 29, 1876, above cited. See paragraph 
 622, post. For statutory provisions respecting leaves of absence to graduates of 
 the Military Academy, see paragraph 622, post (note), and the chapter entitled THE 
 MILITARY ACADEMY. 
 
 2 LEAVES OF ABSENCE TO OFFICERS. 
 
 In time of peace the commander of a post may grant leaves of absence not to 
 exceed seven days at one time, or in the same month ; and he may give permission 
 to apply to the proper authority for extension of such leaves for a period not to 
 exceed twenty-three days. (Par. 44, A. R., 1895.) 
 
 The commander of a post may take leave of absence not to exceed seven days at 
 one time, or in the same month, reporting the fact to his next superior commander. 
 (Par. 45, ibid.) 
 
 A department commander may grant leaves for one month and the Commanding 
 General of the Army for two months ; or they may extend to such periods those 
 granted by subordinate commanders. Applications for leaves of more than two 
 months' duration, or from officers of the staff corps and departments for more than 
 one month, or from department commanders desiring leaves of absence to pass 
 beyond the territorial limits of their commands, will be forwarded to the Adjutant- 
 General of the Army for the action of the Secretary of War. (Par. 46, ibid.) 
 
 Chiefs of bureaus may grant leaves for one month to officers of their respective 
 corps serving underthe'ir immediate direction, or extend to that period those already 
 granted to such officers. (Par. 48, ibid.) 
 
 Leaves of absence for three months, from date of graduation, wilt be allowed to 
 graduates of the Military Academy. They will not be counted against them in 
 
222 THE MILITARY LAWS OF THE UNITED STATES. 
 
 ABSENCE WITHOUT LEAVE. 
 
 Forfeiture of 623. Every officer who is dropped by the President from 
 8ence n wfthoutthe rolls of the Army, for absence from duty three months 
 ^uTy is, 1870, c. without leave, shall forfeit all pay due or to become due. 1 
 
 294, 8. 17, v. 16, p. 
 
 319 
 
 Sec. 1266. B. S. subsequent applications for leaves, but can not be postponed to another time. (Par. 
 49, ibid.) 
 
 Leaves of absence will be granted in terras of months and days, as "onemonth," 
 41 one month and ten days." Leave for one month, beginning on the first day of a 
 calendar month, will expire with the last day of the month, whatever its number of 
 days. Commencing on an intermediate day, the day will expire the day preceding 
 the same day of the next month. The day of departure, whatever the hour, is 
 counfted a a 'day of duty ; the day of return, as a day of absence. (Par. 53, ibid.) 
 
 A leave of absence commences on the day following that on which the officer departs 
 from his proper station. The expiration of his leave must find him at his post, ex- 
 cept as indicated in paragraph 1331. A leave of absence granted an officer in the field, 
 or on special duty, will take effect on the termination of the campaign, or on the 
 completion of such duty, unless in the opinion of the department commander his 
 services can sooner be spared, in which case it will take effect at such 'time as the 
 department commander may direct. In all other cases an officer is expected to avail 
 himself of a leave as soon as proper facilities offer, unless a specific date is stated in 
 the order, and if unable to do so, he will report the fact to the authority granting 
 the leave. (Par. 54, ibid.) 
 
 PAY DURING ABSENCE IN CONFINEMENT. 
 
 Officers and enlisted men in arrest and confinement by the civil authorities will 
 receive no pay for the time of such absence ; if released without trial, or after trial 
 and acquittal, their right to pay for the time of such absence is restored. (Par. 1314, 
 A.R., 1895.) 
 
 SICK LEAVES. 
 
 Application for leave of absence on account of sickness will be made to the com- 
 manding officer, who will refer it to the surgeon. The surgeon will examine the 
 applicant and should he find the leave necessary to restore health, lie will submit to 
 the commanding officer a medical certificate in the prescribed form, stating explicitly 
 the nature, seat, and degree of the disease, wound, or disability, the cause thereof 
 if known, and the period during which the officer has suffered from it. He will also 
 give his opinion as to whether the disease, wound, or disability can be satisfactorily 
 treated within the department in which the officer is stationed, or whether a change 
 of climate or locality within the United States is necessary to afford more rapid or 
 perfect recovery, in which case the special place or region recommended will be 
 designated, with reasons therefor. The surgeon will also state whether, in his opin- 
 ion, the disease, wound, or disability requires treatment by a specialist, and, if so, 
 the nearest place where it can be obtained ; also whether the wound or disease inca- 
 pacitates'the officer from all duty, or whether he can perform special duty, and, if so, 
 the kind that he may undertake without endangering his ultimate cure. (Par. 60, 
 
 The Commanding General of the Army and department commanders have the 
 same authority to grant leaves of absence on account of sickness as to grant ordi- 
 nary leaves. Permission to go beyond the limits of the command in which the appli- 
 cant is stationed' will be given only when the certificate of the medical officer shall 
 state explicitly that it is necessary to afford rapid or perfect recovery. (Par. 61, ibid.) 
 
 On the expiration Of a sick leave, if the officer be able to travel, he will proceed to 
 his post or station. If an extension of such leave be necessary, he will make timely 
 application therefor through the same channel as in case of request for extension of 
 ordinary leave, basing his application upon a medical certificate in prescribed form. 
 When he can not procure the certificate of a medical officer he will substitute his 
 own certificate, on honor, as to his condition, which will embrace a full statement of 
 his case. While absent from duty he will make 'report in the same manner as if on 
 ordinary leave. (Par. 62, ibid.) 
 
 An ordinary leave will not be changed to a sick leave, unless the officer desiring it 
 make application therefor through his post commander, by whom it will be referred 
 to the surgeon, who will certify as to the necessity of the change, or otherwise, as 
 the case may be. The post commander will forward the application through inter- 
 mediate commanders, who will indorse their remarks thereon for the action of the 
 Commanding General of the Army or the Secretary of War. In all reports 'concern- 
 ing absence on account of sickness the officer will state how long he has been absent 
 sick, and by what authority. (Par. 64, ibid.) 
 
 Section 31 of the act of March 3, 1863 (12 Stat. L., 736), does not apply to an officer 
 
 'The pay of an officer absent without leave is not absolutely forfeited, but only 
 when it has been made to appear that the absence was not unavoidable. Smith v, 
 
 A statement by the Adjutant-General that an officer was "absent without leave" 
 is conclusive as to his status, and is not affected by statements made by officers of 
 the War Department implying the belief that the officer was not responsible for his 
 absence. 3 Compt. Dec , 9. 
 
 The act of March 3. 1863 (sec. 1265, Rev. Stat.), provides that an officer absent 
 without leave shall forfeit all pay, etc. If payment has been made, it may be recov- 
 ered. Lapse of time does not preclude the Government from charging an officer with 
 a paymentmade to him contrary to law. Crowell v. U. S., 22 C. Cla. R., 69. 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 223 
 
 COMMUTATION OF QUARTERS. 
 
 Par. Par. 
 
 625. Commutation of quarters. 629. Military attaches entitled to 
 
 626. Rates of commutation. mileage and commutation 
 
 627. Rate of commutation for of quarters. 
 
 Lieutenant-General. 
 
 628. Right to commutation not for" 
 
 feited by temporary ab" 
 sence on duty. 
 
 625. That at all posts and stations where there are pub- 
 lie quarters belonging to the United States, officers may g 
 be furnished with quarters in kind in such public quarters, 
 and not elsewhere, by the Quartermaster's Department, 
 assigning to the officers of each grade, respectively, such 
 number of rooms as is now allowed to such grade by the 
 rules and regulations of the Army: Provided, That at 
 places where there are no public quarters, commutation 1 
 therefor may be paid by the Pay Department to the officer 
 
 ordered to proceed to his home and there await orders, though the order was issued at 
 his own request. An officer "absent with leave " is at liberty to go where he will ; 
 an officer ordered to a particular place, there to await orders, must remain in that 
 place and continue as much under orders as though assigned to any ordinary military 
 duty. Williamson v. U. S., 10 C. Cls. R., 50, and 23 Wall., 411 ; Ptiisterer v TJ. S 11 
 C. Cls. R., 98, and 94 U. S.,219. 
 
 An officer ordered home to await orders may change hisplaco of residence, reporting 
 the fact to the War Department. Phisterer v. U. S., 12 C. Cls. R., 98. An officer 
 ordered home to await orders can not make his home ambulatory by simply reporting 
 from the places where he may chance to be. Chilson v. U. S., 11 C. Cls. R., 691. 
 
 'Commutation in the military or naval service is money paid in substitution of 
 something to which an officer, sailor, or soldier is entitled; being regulated by 
 statutes and regulations, it can not be allowed by inferior authority. Jaegle t;. TJ. S'., 
 28 C Cls. R., 133. The right of an officer of the Army to commutation of fuel and 
 quarters springs out of the general authority of the War Department, and has 'been 
 indirectly sanctioned by Congress from the origin of the Government. This usage 
 has been so long practiced in the Army, and so often sustained by Congress in 
 appropriations for the payment of such commutations, that the right of officers 
 under the regulations of the Army can not now be questioned. Whittlesey v. U. S., 
 5C. Gls. R., 99. Since the foregoing decision was rendered the allowance of quarters 
 for the several grades of officers or the Army and the monthly rate of commutation 
 therefor having been fixed by statute, the practice can no longer be said to rest 
 upon usage or upon the authority of 'regulations. See acts of June 18. 1878, and 
 June 23, 1879. See, also, Dig. Opin. J. A. G., 573, par, 49. 
 
 Officers on the active list detailed as professors of colleges and engineer officers 
 engaged upon civil works are entitled to commutation of quarters and to purchase 
 fuel under the provisions of section 9 of the act of June 17, 1878. Such commuta- 
 tion in the case of an engineer officer would not be payable from the appropriation 
 for the civil work upon which he is engaged. Dig. Opin. J. A. G.,568, pars. 22,23. 
 See also Long v. TJ. S., 8 C. Cls. R., 398. An officer ordered home to await orders is 
 not entitled to commutation of quarters, such home not being a military station. 
 Phisterer v. U.S., 13 C. Cls. R., 110. When a military officer is ordered to the head- 
 quarters of a military department to await further orders and pursuant to the order 
 remains there, performing no duty, he is entitled to commutation of quarters. If 
 such headquarters are in a large city where there are quarters assignable to officers 
 on duty it is not necessary for nim to demand that quarters be assigned him. Lip- 
 pitt v. U. S., 14 C. Cls R., 148, and 100 U. S., 663. 
 
 Held that the term of description in section 9 of the act of June 18, 1878, "at places 
 where there are no public quarters" includes places where the public quarters were 
 insufficient for all the officers of the command; and that officers stationed at such 
 places, to whom, on account of the insufficiency of the existing accommodations, no 
 quarters could be -furnished would be entitled to the commutation allowance. Dig. 
 Opin. J. A. G., 569, par. 26. 
 
 An officer who has quarters in kind at one station does not by a change- of station 
 acquire a right to other quarters or commutation therefor until he vacates quarters 
 at the former station, and amounts received for such commutation are a proper 
 charge against him. 3 Dig. Compt. Dec., 295. 
 
 Temporary absence from his station on duty which requires an officer of the Army 
 to travel during a considerable portion of the time does not amount to a change of 
 station, and the officer does not lose his rights or acquire other rights respecting 
 
224 THE MILITARY LAWS OF THE UNITED STATES. 
 
 entitled to the same at a rate not exceeding ten [twelve] 1 
 dollars per room per month, and the commutation for quar- 
 ters allowed to the General shall be at the rate of one 
 hundred and twenty -five dollars per month, and to the 
 Lieutenant- General at the rate of seventy [one hundred] 2 
 dollars per month. (Sec. 9, act of June 17, 1878 (20 Stat. L., 
 151). 
 
 Kates of com- 626. For commutation of officers 7 quarters at places where 
 
 m ju^e OI 23, 1879, there are no public quarters, one hundred and fifty-six 
 
 v. 21, p. 81 thousand dollars: Provided, That no allowance shall be 
 
 made for claims for quarters for servants heretofore or 
 
 hereafter ; and that the rate of commutation shall hereafter 
 
 be twelve dollars per room per month for officers 7 quarters, 
 
 in lieu of ten dollars, as now provided by law. Act of June 
 
 23,1879 (21 Stat. L.,31). 
 
 Bate of com- 627. That the allowance for commutation of quarters to 
 
 mutation for 
 
 Lieutenant -Gen- the Lieutenant-Gcneral of the Army shall be one hundred 
 June 28, 1882, dollars per month ; and for officers and enlisted men of the 
 Signal Service serving in the Arctic regions, the same in 
 amount as though they were serving in Washington, Dis- 
 trict of Columbia. Act of June 28, 1882 (22 Stat. L., 118). 
 
 quarters by such absence. If there are available quarters at his station he is not 
 entitled to commutation. Ibid, 295. 
 
 Officers temporarily on duty in the field shall not lose their right to quarters or 
 commutation thereof at their permanent stations while so temporarily absent. (Act 
 of July 16, 1892, 27 Stats., 176.) 
 
 For allowance for rooms in kind, see note 1 to paragraph 571 ante. 
 
 COMMUTATION OF QUARTERS. 
 
 An officer on duty without troops at a station where there are no public quarters, 
 or where the public quarters are inadequate, is entitled to commutation therefor at 
 established rates. (Par. 1336, A. E. , 1895 ) 
 
 An officer on duty at a station where he is properly in receipt of commutation of 
 quarters is entitled to the allowance during ordinary leave on full pay, but not dur- 
 ing sick leave. If be is relieved from duty at the station ana then granted a leave 
 his commutation ceases. (Par. 1337, ibid.) 
 
 An officer does not lose his right to quarters or commutation at his permanent 
 station by a temporary absence on duty. While he continues to hold that right and 
 exercises it by constructive occupation or use of any kind, he can not legally demand 
 quarters nor commutation at any other station. Exceptions to this rule can be made 
 only by the Secretary of War. (Par. 1338, ibid.) 
 
 When the command to which an officer belongs changes station during his tempo- 
 rary absence on duty he loses his right to quarters from the time his command leaves 
 its old station and does not acquire a right at the new station until he has reported 
 for duty thereat. He is entitled in the meantime to quarters or commutation there- 
 for at the station where he is temporarily serving. (Par. 1339, ibid.) 
 
 An officer relieved from duty at one station, where he was entitled to commutation 
 of quarters, and assigned to another, is not entitled to such allowance from the date 
 of relief to the date on which he reports in person at the new station. (Par. 1340, 
 ibid.) 
 
 Officers who, for the convenience of the Government, are directed to await orders 
 for a limited period at a point where there are no public quarters, are entitled to 
 commutation ; but an officer ordered to his home to await orders is not entitled to 
 this allowance. An officer ordered to report by letter to a superior does not become 
 entitled to commutation of quarters until he receives a specific order of assignment 
 and reports in person at the station to which assigned. (Par. 1341, ibid.) 
 
 The first voucher for commutation of quarters at any station must be accompanied 
 by a copy of the order assigning the officer to duty thereat. In subsequent vouchers 
 the paymaster will refer by number, etc., to the voucher with which the order is 
 filed, and the final voucher must be accompanied by the authority for, and must 
 show the date of relief from such duty. (Par. 1342, ibid.) 
 
 The monthly rate of commutation was fixed at $12 per room by the act of June 
 23. 1879 (par. 626, post). 
 
 2 The monthly rate of commutation in the case of the Lieutenant-General was fixed 
 at $100 by the acts of February 24, 1881, and June 28, 1882. (See par. 627, post.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 225 
 
 628. That hereafter officers temporarily absent on duty Bight to com- 
 in the field shall not lose their right to quarters, or com- felted by tempo- 
 
 ,. ,, ,, ,, . .. rary absence in 
 
 mutation thereof, at their permanent station while so tern- the field. 
 porarily absent. Act of February 27, 1893 (27 Stat. L., 478). v.Sfp. m. 1893) 
 
 629, Hereafter the officers detailed to obtain (military Military at- 
 information from abroad) shall be entitled to mileage and mSeage andcon? 
 transportation, and also commutation of quarters while on ?*" tofquar " 
 this duty, as provided when on other duty. Act of February v . 27,^. ITS. 1893> 
 27, 1893 (27 Stat. L., 478}. 
 
 TRAVEL ALLOWANCES. 
 
 MILEAGE. 
 
 Par. 
 
 634. Travel allowances to pay- 
 
 master's clerks and to ex- 
 pert accountant. 
 
 635. Travel pay to officers on 
 
 honorable discharge. 
 
 Par. 
 
 630. Mileage; how computed. Ne- 
 
 cessity for travel to be 
 stated. 
 
 631. Travel allowances. 
 
 632. Restriction on payment of 
 
 mileage. Duty to be stated. 
 
 633. Mileage to be paid by Pay 
 
 Department. 
 
 630. From and after the passage of this act mileage of Mileage; how 
 
 , ,. computed. Ne- 
 
 omcers 01 the Army shall be computed over the shortest cessity for travel 
 
 ,, , , to be stated. 
 
 usually traveled routes between the 4 pomts named m the Mar. 3, isss, v. 
 order, and the necessity for such travel in the military serv- 
 ice shall be certified to by. the officer issuing the order 
 and stated in said order. Act of March 3, 1883 (22 Stat. L., 
 456). 
 
 631. That hereafter the maximum sum to be allowed and Travel aiiow- 
 paid to any officer of the Army shall be four cents per mile, an lu 8 g . c, 1394, 
 distance to be computed over the shortest usually trav-i6?i896?v* 5 2if l p! 
 eled routes, and in addition thereto the cost of the trans- G3> 
 portation actually paid by the officer over said route 
 
 or routes, exclusive of parlor-car or sleeping-car fare. 
 And provided further, That when any officer so traveling 
 shall travel in whole or in part on any railroad on which 
 the troops and supplies of the United States are entitled 
 to be transported free of charge, or over any of the bond- 
 aided Pacific railroads, he shall bo allowed for himself only 
 four cents per mile as a subsistence fund for every mile 
 necessarily traveled over any such railroads : And provided Transportation 
 further, That the transportation furnished by the Quarter- 
 master's Department to officers traveling without troops m( 
 shall be limited to transportation in kind not including 
 1919 15 
 
226 THE MILITARY LAWS OF THE UNITED STATES. 
 
 sleeping or parlor car accommodations, over free roads,, 
 over bond-aided Pacific railroads, and by conveyance be- 
 longing to said Department, and the Secretary of War 
 shall so apportion this sum as to prevent a deficiency 
 therein. Act of August 6, 1894 (28 Stat. L., 236}. 
 Restriction on 632. And hereafter no portion of the appropriation for 
 
 payment of mile- 
 age. Duty to be mileage to officers traveling on duty without troops shall be 
 
 8 lug. 6, 1894, expended for inspections or investigations, except such as 
 are especially ordered by the Secretary of War, or such as, 
 are made by Army and department commanders in visiting 
 their commands, and those made by Inspector-General's 
 Department in pursuance of law, army regulations, or 
 orders issued by the Secretary of War or the Commanding 
 General of the Army ; and all orders involving the payment 
 of mileage shall state the special duty enjoined. 1 Act of 
 August 6, 1894 (28 Stat. L., 237). 
 
 1 Section 1273, Revised Statutes, fixed the allowance of mileage at 10 cents per 
 mile, to be computed over the nearest post-route and to be paid by the Pay Depart- 
 ment. The act of June 16, 1874 (18 Stat. L., 72), discontinued mileage as a method of 
 reimbursement for expenses incurred in traveling on duty and substituted therefor 
 the payment of actual expenses in all cases of travel under orders. This provision 
 was repeated in the act of March 3, 1875 (18 Stat. L., 452). The mileage allowance 
 was restored and fixed at the rate of 8 cents per mile by the act of July 24, 1876 (19 
 Stat. L., 97), but was not payable when actual transportation had been furnished by 
 the Quartermaster's Department, or in a conveyance owned or chartered by the 
 United States, or on any railroad over which the troops and supplies of the United 
 States were entitled to be transported free of charge ; the distance in each case was 
 to be computed by the shortest usually traveled route. Section 1273 was repealed by 
 the act of July 24, 187G, above cited. The act of March 3, 1883 (22 Stat. L., 456), con- 
 tained the requirement that mileage should be computed over the shortest usually 
 traveled routes between the points named in the order, and that the necessity for 
 travel should be certified to. in each case, in the order directing the journey. 
 The act of June 30, 1886 (24 Stat. L., 95), fixed the rate of mileage at 4 cents per mile, 
 and, in addition thereto, the cost of transportation actually paid, exclusive of sleep- 
 ing and parlor car fares. The act of February 9, 1887 (24 Stat. L., 396), contains the 
 following provision: "That in disbursing this amount the maximum sum to be 
 allowed and paid to an officer shall be four cents per mile, distance to be computed 
 over the shortest usually traveled routes, and, in addition thereto, upon the officer's 
 certificate that it was not practicable to obtain transportation from the Quarter- 
 master's Department, the cost of the transportation actually paid by the officer over 
 said route or routes, exclusive of sleeping or parlor car fare and transfers : And pro- 
 vided further, That when any officer so traveling shall travel in whole or in part on 
 any railroad on which the troops and supplies ot the United States are entitled to be 
 transported free of charge, he shall be allowed for himself only four cents per mile 
 as a subsistence fund for every mile necessarily traveled over any such last-named 
 railroad. All the money hereinbefore appropriated except the appropriation for 
 mileage to officers when traveling on duty without troops when authorized by law, 
 shall be disbursed and accounted for by the Pay Department as pay of the Army, and 
 for that purpose shall constitute one fund," which was repeated in the acts of Sep- 
 tember 22, 1888 (25 Stat. L., 483), March 2, 1889 (25 Stat. L., 827), June 13, 1890 (26 
 Stat. L., 151), February 24, 1891 (26 Stat. L., 773), July 14, 1892 (27 Stat. L,, 177), 
 and February 27, 1893. The act of February 12, 1895 (28 Stat. L., 057), contains the 
 same requirement. 
 
 Mileage is a form of reimbursement, and " public business " is the foundation on 
 which it rests. Perrimond v. U. S., 19 C. Cls. R,, 509. Allowances for travel and 
 subsistence are payable to officers or agents of the United States only when they are 
 employed at other places than their residences. Test v. U. S., 27 ibid, 352 ; Barre v. 
 U. S., ibid., 357. 
 
 The mileage allowance to an officer of the Army on the active list is fixed by law, 
 the law in effect at the time the travel is performed and not by the law in effect when 
 the order for the travel is issued. 1 Compt. Dec., 29, 
 
 An order to travel to a designated point, perform certain duty, and return is, in 
 effect, two distinct orders, ami the mileage allowances for each trip is fixed by the 
 law at the time the travel in each case was commenced Ibid. 
 
 It is not necessary that an order to travel should specifically designate places and 
 routes. It may leave them to the discretion of the officer; and the subsequent ap- 
 proval of the Department will be conclusive upon the accounting officers. Billings 
 v. U. S.. 23 C. Cls. R., 166. If public business was an element in an officer's circuity 
 of route, he is entitled to mileage therefor; if it was not, the Government is not 
 answerable for the increased distance. Du Bose v. U. S., 19 C. Cls. R., 514. 
 
 Where the route is left to the discretion of the officer his mileage should be calcu- 
 lated by the shortest usually traveled route, unless some good reason be shown for 
 deviation. Crosby v. U. S., 22 C. Cls. R., 13. (2 Compt., Dec. 544.) 
 
 The question as to the shortest usually traveled route between any two points is 
 
THE MILITARY LAWS OF THE UNITED STATES. 227 
 
 633, No payment f of mileage! shall be made to any officer Mileage to be 
 
 paid by Pay De- 
 
 except by a paymaster of tbe Army. 1 partment. 
 
 634. That hereafter the maximum sum to be allowed pay- Travel 
 masters' clerks and the expert accountant of the Inspector- ter's clerks and 
 
 
 General's Department when traveling on duty shall be four countan. 
 cents per mile, and, in addition thereto, when transporta- v. 27, p. 2 4 7 3o. 1893 ' 
 tion can not be furnished by the Quartermaster's Depart- 
 ment, the cost of same actually paid by them, exclusive of 
 sleeping or parlor car fare and transfers. Act of February 
 27, 1893 (27 Stat. L., 480). 
 
 635. When an officer is discharged from the 
 except by way of punishment for an offense, he 
 
 c 
 be allowed transportation and subsistence from the place 14 ' 8 - 22 > v - 2 'P- 
 
 674 ; Jan. 29, 1813, 
 
 of his discharge to the place of his residence at the time c. 16, s. 15, v. 2 P . 
 
 ,. , . , , . . . , 796; June 20, 1864, 
 
 ot his appointment, or to the place of his original mus-c.i45,s.8,v.i3, P . 
 ter into the service. The Government may furnish the c. 235, v ne i8?p 18 72' ; 
 same in kind, but in case it shall not do so, he shall be^v.iJplSl'. c ' 
 allowed travel-pay and commutation of subsistence, accord- Sec * 1289> B ' s ' 
 
 a question of fact, and to be determined by the best obtainable evidence. * * * 
 The time required in making the journey, the rates of fare, and the fact that an 
 officer should be absent from his post of duty for the shortest possible period are 
 important elements in determining the shortest usually traveled route in any par- 
 ticular case. 
 
 Evidence should accompany the voucher on which payment is made, to establish 
 the fact that the distance is computed by the route which, for the time and occasion, 
 is the shortest usually traveled route. Mileage can in no case be allowed for any 
 distance in excess of the distance actually traveled, and if the distance actually 
 traveled exceed the distance by the shortest usually traveled route, mileage can be 
 allowed only for the distance by the shortest usually traveled route. 1 Coinpt. 
 Dec., 115. " 
 
 When it appears that an army officer was directed to travel on military duty and 
 had no order to stop over, or delay on his journey, it must be presumed by the ac- 
 counting officers that ho was directed to go by the shortest usually traveled route, 
 without necessary delay, and he will be allowed only the cost of '"'through limited 
 tickets" for such travel. The accounting officer's look to the officer's orders as to the 
 necessity for delay en route, not questioning the authority of the War Department 
 to determine whether the officer's duty requires that lie shall stop over on his journey. 
 1 Compt, Dec., 366. 
 
 The law relating to the cost of transportation contemplates that army officers 
 traveling on duty without troops shall travel over the usually traveled routes in the 
 mode usually adopted and by the conveyances usually employed. The exigencies of 
 the service should be of an unusual character, not admitting of even the possibility 
 of delay, to justify the officer in engaging the more costly transportation in fast or 
 limited trains, "bid. 
 
 Officers of the Army and Navy on duty at the World's Columbian Exposition ; 
 the officer in charge of the Hot Springs Reservation, Ark., and engineer officers on 
 duty under the orders of the Commissioners of the District of Columbia are entitled 
 to mileage at the rate of 8 cents per mile, and no more, under the act of July 24, 1876 
 (19 Stat, L., 100), and other statutes. The act of July 16, 1892 (27 Stat.'L., 177), 
 applying only to the appropriation to which it is attacned._ Compt. Dec., 1893-94, 5, 
 ), the decisic 
 
 96. See, also, the decision of the Comptroller of the Treasury in the case of 
 Major Halford. Ibid., p. 275. 
 
 * In determining the mileage of officers of the Corps of Engineers traveling, with- 
 out troops, on duty connected with works under their charge, no deduction shall be 
 made for such travel as may be necessary on free or bond-aided or land-grant rail- 
 ways. Section 15, act of September 19, 1890 (26 Stat. L., 456). 
 
 When an officer of the Army travels under orders, without troops, on any free 
 road or on any bond-aided Pacific railroad, over which the Quartermaster's Depart- 
 ment is directed by law, or other competent authority, to furnish transportation in 
 kind, not including sleeping or parlor-car accommodations, he is presumed to have 
 been furnished transportation in kind by the United States and, therefore , to be not 
 entitled to mileage for such travel. This presumption is rebutted, however, when 
 he shows that he made the proper effort to obtain such transportation and failed, 
 without fault, under circumstances which precluded him from procuring it. But 
 when the travel is over any such bond-aided road, or over any free road, and there 
 is no evidence of an effort to obtain a transportation order, or of circumstances which 
 
 1 Travel allowances will be paid by the chief paymaster of the department in which 
 the journey is completed. (Par. 1322, A. K., 1895.) 
 
228 THE MILITARY LAWS OF THE UNITED STATES. 
 
 ing to his rank, for such time as "may be sufficient for him 
 to travel from the place of discharge to the place of his 
 residence, or original muster into service, computed at the 
 rate of one day for every twenty miles. 1 
 
 precluded the officer from procuring it, ike presumption is not rebutted and mileage 
 can not be allowed. 3 Dig. Compt. Dec., 209. 
 
 An officer relieved from duty at a station and granted leave of absence before 
 assignment to another, who receives an order of assignment before expiration of 
 leave, is entitled to travel allowances from the place where ho receives the order to 
 his new station. (Par. 1332, A E., 1895 ) 
 
 An officer ordered home, at his own request, to await orders is entitled to mileage 1 ' 
 from his post to his home, such a journey constituting travel under orders. William- 
 son v. IT. S., 23 Wall., 411 ; Phisterer v. U. S., 12 C. Cls. R., 98, and 94 U. S., 219. Where 
 an officer who has received but has not yet taken advantage of a leave of absence 13 
 ordered to convey prisoners to another post, his leave is to that extent suspended, 
 and he is entitled to mileage. Andrews v. U. S., 15 C. Cls. K. ; 264. 
 
 The Army Regulations provide that the expiration of an officer's leave of absence 
 must find him at his station. His station means his permanent station, not a place 
 to which he was temporarily ordered and at which he accepted his leave of absence. 
 Andrews v. U. S., 15 C. Cls. R., 264. An officer's proper station can not be changed by 
 his being ordered to perform a temporary duty while on leave of absence. Ibid. If 
 an officer on leave of absence be ordered to temporary duty at the place where he 
 may happen to be, and he be kept there until after his leave of absence expires and 
 then be ordered to his proper station, he will not be entitled to mileage. Barrv. 
 1J. S., 14 C, Cla. K., 272. ' 
 
 OFFICERS TRAVELING ON DUTY. 
 
 When an officer is ordered without troops from one post of duty to another, he will 
 proceed by tlie shortest usually traveled route, without unnecessary delay. Upon his 
 arrival at'his new post he will immediately report in writing to the commanding offi- 
 cer the date of his departure from his former station, and submit a copy of his order, 
 noting thereon the date he received it. If he shall appear to have made unnecessary 
 delay en route, he will be required to explain the cause thereof. If the post com- 
 mander deem the explanation unsatisfactory, he will forward the same, with a state- 
 ment of the facts in the case, to the department commander. If the officer be supe- 
 rior in rank to the post commander, the required report will be made by the officer 
 himself to the department commander. (Par. 65, A. R., 1895.) 
 
 - Orders detaching an officer for special duty will direct him to return to his proper 
 station on the completion of the duty assigned him, when it is intended that he shall 
 do so. (Par. 66, ibid.) 
 
 Delays in obeying orders, in reporting for duty, or in returning to duty from leave 
 can not be authorized except by the Secretary of War or the Commanding General 
 of the Army. Such delays will be regarded as leaves of absence, unless it be stated 
 in the order granting them that they are in the interest of the public service. (Par. 
 67, ibid.) 
 
 Orders contemplating the nayment of mileage must state the special duty enjoined, 
 and that the travel directed is necessary for the public service. They will not direct 
 travel beyond the limits of the command of the officer who issues them. When a 
 general officer is ordered on duty beyond the limits of his command, he may order an 
 officer of his staff to accompany him ; if ordered to change station, he may order the 
 necessary change of station of his personal staff. (Par. 68, ibid.) 
 
 Staff officers not serving under department commanders will apply to the War 
 Department for orders directing necessary travel on public business. ( Par. 69, ibid. ; 
 
 When urgent public duty has compelled travel, without authority previously ob 
 tained, the case will be immediately reported to the proper superior officer, whose 
 approval in subsequent orders will be accepted as though previously issued. (Par. 
 70, ibid.) 
 
 Orders directing officers to visit Washington for the settlement of their accounts 
 will be issued only by the Secretary of War, (Par. 71, ibid.) 
 
 Officers and enlisted men reporting as witnesses before a civil court should receive 
 from the civil authorities the necessary expenses incurred in travel and attendance. 
 Neither mileage nor travel allowances will be paid in such cases by the War Depart- 
 ment. If, however, it is absolutely necessary to furnish them transportation in kind 
 to enable them to appear, as witnesses for the Government, before a civil court of 
 the United States, an account of such expenditure, together with the evidence that 
 they were properly subpoanaed and did attend the court, will be forwarded to the 
 War Department for presentation to the Department of Justice. Officers providing 
 
 1 An officer who voluntarily quits the military service is not entitled to travel pav. 
 1 Compt. Dec., 370. 
 
 An officer whose resignation, tendered on the ground of physical disability, is 
 accepted, becomes entitled to travel pay, provided the disability did not exist at the 
 time of bis entering the service, or was not incurred on account of his own miscon- 
 duct during service. The length of service is material evidence in determining 
 whether the disability existed prior to entry into the service. Ibid. 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 229 
 
 STOPPAGES. 
 
 Par. 
 
 636. Pay of officers in arrears to 
 bo stopped. 
 
 Par. 
 
 637. Withholding officers' pay. 
 
 636. In case of deficiency of any article of military sup- 
 
 for 
 
 plies, on final settlements of the accounts of any officer 3 p 
 charged with the issue of the same, the value thereof shall sec. 1304, R. s. 
 
 such transportation will notify the court, or the marshal thereof, that it was fur- 
 nished to enable the witnesses to perform the requisite journeys in obedience to t^e 
 summons. (Par. 72, ibid ) 
 
 TRAVEL ALLOWANCES. 
 
 When an officer travels without troops under orders, he is entitled to the following 
 allowances : 
 
 (1) To mileage at the rate of 4 cents per mile for the distance between the points 
 named in the order, such distance to be computed over the shortest usually traveled 
 route. 
 
 (2) To reimbursement of the cos tof transportation actually paid by him over the 
 route above specified, exclusive of sleeping and parlor car fares and charges for bag- 
 gage. Officers will not be reimbursed for cost of transportation over free or bond- 
 aided roads, but transportation in kind over such will be furnished by the Quarter- 
 master's Department. (Par. 1321, A. R., 1895. 
 
 Travel allowances will be paid by the chief paymaster of the department in which 
 the journey is completed. (Par. 1322, ibid.) 
 
 To en title an officer to travel allowances the travel must be specifically ordered 
 previous to its commencement, or covered by certificate that the urgency of the duty 
 was such as to prevent his obtaining previous orders, and accompanied by evidence 
 of approval by proper authority. Such order will state the special duty enjoined, 
 recite that the travel therein directed is necessary for the public service,' and direct 
 the officer to return to his station upon completion of assigned duty, if such return 
 is contemplated. An order for travel, partof which is to be made with troops, should 
 direct the Quartermaster's Department to furnish transportation for so much of the 
 journey as is to be performed with troops. (Par. 1323, ibid.) 
 
 Orders will not prescribe lines of travel, except when necessary, and then the rea- 
 sons will be set forth in the order. (Par. 1324, ibid.) 
 
 Tho original order, or certified copy, including indorsements, will accompany each 
 voucher for travel allowances. (Par. 1325, ibid.) 
 
 Mileage will be computed in accordance with the lists of distances compiled by the 
 Paymaster-General, whatever the route traveled. Exception to this rule will be 
 made only when the terms of the order or the impracticability of the shortest usually 
 traveled route compel the officer to take another, or when the journey is performed 
 by a route shorter than that usually traveled. In such cases travel allowances" will 
 be computed over the actually traveled route. (Par. 132(5, ibid.) 
 
 ^Vhen an officer on leave of absence is ordered to rejoin his station, he will not bo 
 entitled to travel allowances unless the public service requires the performance of 
 duty en route, in which case the order will specify the duty, the necessity therefor, 
 and' the points at which the duty will begin and end. (Par. 1327, ibid.) 
 
 When an officer is ordered, while on leave of absence, to accompany a detachment 
 of recruits to the vicinity in which his regiment is serving, and on the completion 
 of this duty to join his company, he returns to a status of leave as soon as relieved 
 from duty with the recruits, and will proceed to join his company, without expense 
 to the Government, unless the distance he may have to travel without troops should 
 be in excess of what it would have been had he not received the order. (Par. 1328, 
 ibid.) 
 
 An officer on leave of absence ordered to temporary duty involving travel without 
 troops will receive travel allowances from place of receipt of order to place of per- 
 formance of duty and return. (Par. 1329, ibid.) 
 
 When the station of an officer, serving either with or without troaps, is changed 
 while he is on leave of absence, he will, on joining his new station, be entitled to 
 travel allowances from the place of receipt of the order to the new station, provided 
 the journey isroade without troops and the distance is not greater than that from the 
 old to the new station ; but if the distance be greater he will be entitled to travel 
 allowances for a distance equal to that from the old to the new station only. Should 
 it be necessary for the officer to return to his old station before proceeding to the 
 new, authority for such return may bo given by the officer who issued the order for 
 the change of station. In such case the order for change of station will carry mileage 
 only from the old to the new station. (Par. 1330, ibid.) 
 
 An officer under orders to change station who takes advantage of a leave of ab- 
 sence before he joins his new station is not deprived of the travel allowances to 
 which he would be entitled had he not availed himself of the leave. The leave of 
 absence merelv suspends the execution of the order for change of station, and at the 
 expiration of the leave the officer comes under the operation of the order, and in 
 obeying it is entitled to full pay for the time necessary to perform the journey from 
 his old'to his new station. (Par. 1331, ibid.) 
 
 An officer traveling on duty in connection with public works (not arsenals, military 
 surveys, or explorations) will receive travel allowances from the appropriation for 
 the work, but if there be no appropriation he will receive travel allowances from the 
 Pay Department. (Par. 1333, ibid.) 
 
 In the following cases no expense of travel is allowed: In joining for duty upon 
 
230 THE MILITARY LAWS OF THE UNITED STATES. 
 
 be charged against the delinquent and deducted from his 
 monthly pay, unless he shall show to the satisfaction of the 
 Secretary of War, by one or more depositions setting forth 
 the circumstances of the case, that said deficiency was not 
 occasioned by any fault on his part. And in case of dam- 
 age to any military supplies, the value of such damage 
 shall be charged against such officer and deducted from 
 his monthly pay, unless he shall, in like manner, show that 
 such damage was not occasioned by any fault on his part. 1 
 
 637 ' The pay of officers of the A rmy may be withheld 
 under section seventeen hundred and sixty-six of the 
 sec. 1 766, u.s. Raised Statutes on account of an indebtedness to the 
 United States admitted or shown by the judgment of a 
 court, but not otherwise unless upon a special order issued 
 according to the discretion of the Secretary of War. 2 Act 
 of July 16, 1892 (27 Stat. L., 177). 
 
 first appointment to the military service, or under the first order after a reinstate- 
 ment or reappointment, or under an order to effect a transfer from one company or 
 regiment to another, made at the request of the officers transferred Assistant sur- 
 geons, graduates of the Military Academy, and officers appointed from the ranks, 
 Joining under first order after appointment or commission, are excepted from these 
 provisions. (Par. 1334, ibid.) 
 
 Allowances for travel of officers summoned before committees of Congress are not 
 proper charges upon the appropriations for the support of the Army, (Par, 1335. 
 ibid.) 
 
 !The power given to the Secretary of War to order a stoppage of pay against a 
 delinquent officer is exclusive and discretionary, but is not to be asserted against 
 an officer acting under an order which he is bound to obey, and as to which he is 
 expressly relieved from personal liability. Such an .abuse of power would not tend 
 to preserve but to subvert military order and discipline. The refusal of the Secre- 
 tary of War to stop an officer's pay is not a decision upon the merits ; it will not 
 bind the Government nor preclude the Comptroller from causing a suit to be brought 
 against the officer; it merely determines that the officer is so far without fault that 
 the harsh and summary remedy of stopping his pav should not be resorted to. 
 Smith v. U. S., 24 C. Cls. E., 209/215 : Billings v. U S., 23 ibid., 166, 175. 
 
 Where a paymaster receives no notice of stoppage and innocently pays an officer, 
 the overpayment must be recovered from the officer. Smith v. U. S., 23 C. Cls. R., 452. 
 
 When an officer has been overpaid, or is indebted to the United States for money 
 or property, or has failed properly to account for the same, the chief of the bureau 
 concerned will promptly notify him of the amount of his indebtedness, or his failure 
 to account. If after siicli notice ho does not refund, or make satisfactory explana- 
 tion, or take proper action within a reasonable time, the matter will be reported to 
 the Secretary of War. (Par. 1343, A. R., 1895.) 
 
 On the order of the Secretary of War, stoppages may be made against the pay of 
 officers for overpayments, illegal disbursement, or loss'through fraud or neglect of 
 the public funds, and for deficiencies in, loss of, or damage to, military supplies, 
 unless proof be furnished that the deficiency, loss, or damage was not occasioned by 
 any fault on their part. (Par. 1344, ibid.) 
 
 The notice of stoppage of officers' pay will be prepared in the form of a monthly 
 circular to paymasters, advising them of stoppages outstanding at its date. This 
 circular will be submitted to the Secretary of War for his approval prior to its pub- 
 lication. When an officer's name is borne thereon, no payment of salary will be 
 made to him which is not in accordance with the stoppage entry made against his 
 name (Par. 1345. ibid.) 
 
 Overpayments to an officer will be deducted on the first payment after a notice of 
 stoppage against him is received, even if the pay accounts have been assigned. (Par. 
 
 8 See par. 658, post, for deductions on account of sales of subsistence on credit. 
 
THE MILITARY LAWS OF THE UNITED STATES. 231 
 
 PAY OF ENLISTED MEN. 
 
 Par. j Par. 
 
 638. Rates of pay to enlisted men. 652. Noncommissioned officers in 
 
 639. Retained pay. Mexican war. 
 
 640. Secretary of War to deter. 
 
 mine conduct. 
 
 641. Retained pay to bear interest. 
 
 642. Retaining of pay discontin- 
 
 ued, except deductions for 
 Soldiers' Home. 
 
 643. Re-enlistment pay. 
 
 644. Continuous service pay. 
 
 645. Period extended to three 
 
 653. Travel allowances to dis- 
 
 charged soldiers. 
 
 654. Deposits of soldiers' savings. 
 
 655. Interest on deposits. 
 
 656. Regulations for deposits to 
 
 be made by Secretary of 
 War. 
 
 657. Deposits payable at dis- 
 
 charge. 
 
 months. ! 658. Deductions for rations pur- 
 
 646. Pay of retired enlisted men. j chased by officers. 
 
 647. Pay during captivity j 659. Deductions for articles pur- 
 
 648. Indian scouts. chased by enlisted men. 
 
 649. Hospital matrons and nurses. ! 660. Deductions for tobacco pur- 
 
 650. Soldiers' pay not assignable, j chased. 
 
 651. Recruits to have credit at 661. Pay of volunteers. 
 
 depots. 
 
 638. The monthly pay of the following enlisted men of n j n a y ofenli8ted 
 the Army shall, during their first term of enlistment, be as 12 f ^V^ 9 ' c - 
 follows, with the contingent conditions thereto, hereinafter sis! ' ^ ' ' ^ 
 provided : ieo, sf i, v. 17, p. 
 
 Sergeant-majors of cavalry, artillery, and infantry, 1394, v. 28, p. 216. 
 
 . -, i i-. SGC* 1279 R S. 
 
 twenty-three dollars. sec. isso, B. s. 
 
 Quartermaster-sergeants of cavalry, artillery, and infan- 
 try, twenty-three dollars. 
 
 Chief trumpeters of cavalry, twenty-two dollars. 
 
 Principal musicians of artillery and infantry, twenty- 
 two dollars. 
 
 Saddler sergeants of cavalry, twenty- two dollars. 
 
 First sergeants of cavalry, artillery, and infantry, twenty- 
 five dollars. 1 
 
 Sergeants of cavalry, artillery, and infantry, eighteen 
 dollars. 1 
 
 Corporals of cavalry and light artillery, fifteen dollars. 
 
 Corporals of artillery and infantry, fifteen dollars. 
 
 Saddlers of cavalry, fifteen dollars. 
 
 Blacksmiths and farriers of cavalry, fifteen dollars. 
 
 Trumpeters of cavalry, thirteen dollars. 
 
 Musicians of artillery and infantry, thirteen dollars. 
 
 Privates of cavalry, artillery, and infantry, thirteen 
 dollars. 
 
 1 The monthly pay of first sergeants of cavalry, .artillery, and infantry was fixed 
 at $25, and that of sergeants of the same arms of service at $18, by the act of Febru- 
 ary 27, 1893(27Stat.L.,478). 
 
232 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Hospital- stewards, first class, forty-five dollars. 1 
 [Acting hospital stewards, twenty-five dollars.] 1 
 
 [Privates of the Hospital Corps, eighteen dollars.] 1 
 
 Ordnance -sergeants of posts, post commissary 2 and 
 quartermaster sergeants, 2 thirty-four dollars. 
 
 Sergeant-majors of engineers, thirty-six dollars. 
 
 Quartermaster-sergeants of engineers, thirty-six dollars. 
 
 Sergeants of engineers and ordnance, thirty-four dollars. 
 
 Corporals of engineers and ordnance, twenty dollars. 
 
 Musicians of engineers, thirteen dollars. 
 
 Privates (first class) of engineers and ordnance, seven- 
 teen dollars. 
 
 Privates (second class) of engineers and ordnance, thir- 
 teen dollars. 
 
 [Sergeants (first class) of the Signal Corps, forty-five 
 dollars.] 3 
 
 [Sergeants (second class) of the Signal Corps, thirty- 
 four dollars.] 
 
 Artificers, cavalry, artillery, and infantry, fifteen dollars. 
 
 Wagoners, cavalry, artillery, and infantry, fourteen 
 dollars. 4 
 
 Pay of chief The chief musicians of regiments shall receive sixty 
 sec. s, Aug. i, dollars a month and the allowances of a quartermaster- 
 
 1894, v. 28, p. 21 6. 
 
 sergeant. 
 
 RETAINED PAY. 
 
 639< To the rates of P av stated in the preceding section 
 dollar P er month shall be added for the third year of 
 V sec p i28i R s enlistment, one dollar more per month for the fourth year, 
 and one dollar more per month for the fifth year, making 
 in all three dollars' increase per month for the last year of 
 the first enlistment of each enlisted man named in said 
 section. But this increase shall be considered as retained 
 pay, and shall not be paid to the soldier until his discharge 
 
 J The monthly pay of hospital stewards fixed at $45, and that of acting hospital 
 stewards at $25, by the act of March 1, 1887 (24 Stat. L., 435). The pay of privates 
 of the Hospital Corps was fixed at $18 per mouth by the act of July 13, 1892 (27 Stat. 
 L., 120). 
 
 * The moTithly pay of post commissary-sergeants was fixed at $34 by the act of 
 March 3, 1873 (17 Stat, L., 485), and that of post quartermaster-sergeants at the same 
 rate by the act of July 5, 1884 (23 Stat. L., 107). 
 
 3 The pay of sergeants of the first class in the Signal Corps was fixed at $45 per 
 month by the act of October 1, 1890 (26 Stat. L., 653). The pay of sergeants of the 
 second class in the Signal Corps was fixed at $34 per mouth by the act of June 20, 
 1878 (20 Stat. L., 219). 
 
 The enlisted men of the Army Service Corps, stationed at the Military Academy, 
 receive the name pay and allowances as enlisted men of corresponding grades in the 
 artillery. Act of June 20, 1890 (26 Stat. L., 653). See the chapters entitled ENLISTED 
 MEX and THE MILITARY ACADEMY. 
 
 4 For pay of Indian scouts see par. 648 post. 
 
 By the terms of section 3, act of August 1, 1894 (28 Stat. L., 216), chief musicians, 
 artificers, and wagoners theretofore excluded from the benefits of the act of May 15, 
 1872 (paragraphs 643, 614 post), became entitled to said benefits. 
 
THE MILITARY LAWS OF THE UNITED STATES. 233 
 
 from the service, and shall be forfeited unless lie serves 
 honestly and faithfully to the date of discharge. 1 
 640. That the Secretary of War shall determine what secretary of 
 
 War to determine 
 
 misconduct shall constitute a failure to render honest and conduct. 
 faithful service within the meaning of this act; but no sol- 
 dier who has deserted at any time during the term of a 
 
 enlistment shall be deemed to have served such term hon- 2 6 J p "s? 6 ' 1890)V ' 
 estly and faithfully. 2 Act of June 16, 1890 (26 Stat., L., 157). " 
 
 641. That the sums retained from the monthly pay of Retained pay 
 
 J * J to bear interest. 
 
 enlisted men, in accordance with sections twelve hundred Juneie, isoo.v. 
 and eighty-one and twelve hundred and eighty-two of the 
 Kevised Statutes, 3 shall be treated as deposits, upon which 
 interest shall be paid as provided in sections thirteen hun- 
 dred and five, thirteen hundred and six, thirteen hundred 
 and seven, and thirteen hundred and eight 4 of the Kevised 
 Statutes, the said sums to bear interest from the end of 
 the year of the soldier's enlistment in which they shall 
 have accrued. Act of June 16, 1890 (26 Stat. L., 157). 
 
 642. That hereafter no pay shall be retained, but this NO pay to be re- 
 
 ,_ . ' tained hereafter. 
 
 provision shall not apply to deductions authorized on ac- Mar. ie, isoe, v. 
 count of the Soldiers' Home. 5 Act of March 16, 1896 (^ 29 ' p ' 6 ' 
 Stat. L., 60). 
 
 RE-ENLISTMENT AND CONTINUOUS SERVICE PAY. 
 
 643. All enlisted men mentioned in section twelve hun Ee-eniistment 
 dred and eighty, who, having been honorably discharged, pJ ay 15, 1372, c. 
 
 __ . 160, s. 3, v. 17, p. 
 
 H'he act of June 16, 1890 (26 Stat L., 157), which required $4 per month to be retained c 247 s. 2 v.' 10, p'. 
 from the pay of all enlisted men in the Army during their first year of enlistment 575. AU 1 1894 
 was repealed by section 3 of the act of August 1. 1894 (28 Stat, L'., 215). The proyi- Vt 2 8 p. 215. ' 
 sions of this section extended to all enlisted men in the Army, except general-service 'icp 1282 R S 
 clerks and messengers, by section 3 of the act of August 1, 1894 (28 Stat. L., 215). 
 
 To entitle the soldier to this retained pay, it is necessary to show, first, his dis- 
 charge from the service ; second, an honest and faithful service to the date of his 
 discharge. It is not necessary that such forfeiture should have been made in pur- 
 suance of the sentence of a court-martial. U. S. v Kingsley, 137 U. S., 87, 90. 
 
 Retained pay is authorized by law. The Secretary of War has no control over it. 
 He only determines whether the service has been honest and faithful. The opera- 
 tion of thel aw follows immediately Tipon his decision, and either vests in the soldier 
 the right to receive the pay or deprives him of it, according to the character of the 
 service he has rendered. 3 Dig. Compt. Dec , 231. 
 
 2 Under the authority conferred by this statute the Secretary of War has decided 
 that retained pay will be forfeited for tho following causes : 
 
 (1) Desertion. 
 
 (2) When the soldier is in confinement under a general court-martial sentence 
 expressly imposing imprisonment until or beyond the expiration of his term ; when 
 discharged under sentence of general court-martial; when discharged by order from 
 the War Department specifying forfeiture, or because of imprisonment by the civil 
 authority. 
 
 (3) When the soldier is discharged for minority concealed at enlistment, or for 
 other cause involving fraud in enlistment, or for disability caused by his misconduct. 
 
 (4) Upon the approved finding of a board of officers called under paragraph 148, 
 that the soldier has not served honestly and faithfully to the date of discharge. 
 
 The cause of forfeiture will be stated on the muster and pay rolls and on the final 
 statements of the soldier. (Par. 1369, A. K., 1895.) 
 
 ^Paragraphs 639 and 640 ante. 
 
 ^Paragraphs 654, 655, 656 and 6bl post. 
 
 1 Since March 16, 1896, paragraphs 639, 640, and 641, have applied only to the settle- 
 ment of the accounts of enlisted men in whose cases retained pay had accrued prior 
 to tho passage of this act. 
 
234 THE MILITARY LAWS OP 1 THE UNITED STATES. 
 
 have re-enlisted or shall re-enlist within three months there- 
 after, shall, after five years' service, including their first 
 enlistment, be paid at the rate allowed in said section to 
 those serving in the fifth year of their first enlistment : Pro- 
 vided, That one dollar per month shall be retained from the 
 pay of the re enlisted men, of whatever grade, named in 
 section twelve hundred and eighty one during the whole 
 period of their re-enlistment, to be paid to the soldier on 
 his discharge, but to be forfeited unless he shall have 
 served honestly and faithfully to the date of discharge. 1 
 Act of August 1, 1894 (28 Mat. L., 215}. 
 
 continuous 644. Every soldier who, having been honorably dis- 
 t. charged, re-enlists within three months thereafter, shall be 
 further entitled, after five years' service, including his first 
 : enlistment, to receive, for the period of five years next 
 "s 'v^sfp 1 ^ 94 ' thereafter, two dollars per month in addition to the ordi- 
 sec.i284,R.s. narv p av O f ^ s g ra e j an d for each successive period of 
 five years of service, so long as he shall remain continu- 
 ously in the Army, a further sum of one dollar per month. 
 The past continuous service, of soldiers now in the Army, 
 shall be taken into account, and shall entitle such soldier 
 to additional pay according to this rule ; but services ren- 
 dered prior to August fourth, eighteen hundred and fifty- 
 four, shall in no case be accounted as more than one 
 enlistment. 
 
 ecF er to d e th e r n e d e 645 - That tne period within which soldiers may re-enlist 
 W R nt s. S secs.i282 w ^ n ^ ne benefits conferred by sections twelve hundred and 
 12 A'dI?it d o ( nai e ^ n ^"^ wo au ^ twelve hundred and eighty-four 2 of the 
 p Tu i 1894 a R ev i se d Statutes, be, and the same is hereby, extended to 
 3, v. 28, p.' 215. ' three months j and hereafter every enlisted man in the 
 Army, excepting general service clerks and general service 
 messengers, shall be entitled to all the benefits conferred 
 by sections twelve hundred and eighty-one 3 and twelve 
 hundred and eighty-two 2 of the Revised Statutes: Pro- 
 mV ^ That to entitle them to the additional pay author- 
 ized by section twelve hundred and eighty-one, 4 for men 
 serving in the third, fourth, and fifth years, the service 
 must have been continuous within the meaning of this 
 section. 4 , Sec. 5, act of August 1, 1894 (28 Stat. L., 215}. 
 
 1 The authority to retain pay conferred by section 1281, Revised Statutes (paragraph 
 639, ante), was withdrawn as to all enlisted men by the act of March 16, 1896 (29 Stat. 
 L., p. 60). See paragraph 642, ante. 
 
 2 Paragraphs 643 and 644, ante. 
 
 3 Paragraph 639, ante. 
 
 Page 639, ante. Section 1283, Revised Statutes, contains the provision that enlisted 
 men, now in the service, shall receive the rates of pay established in this chapter 
 according to the length of their service. 
 
 The act of February 27, 1893 (27 Stat. L., 478), which prohibited the reenlistmeut 
 of privates of over ten years' service or who were over 35 years old, except such as 
 and served as enlisted men for twenty years or upward, was repealed by the act of 
 August 1, 1894 (28 Stat. L., 215), and the provisions of section 1284, Revised StatuteH, 
 were extended to all enlisted men in the Army, except general-service clerks and 
 messengers. See, also, paragraphs 1365, 1366, and 1367, Army Regulations, 1895. 
 
THE MILITARY LAWS OF THE UNITED STATES. 235 
 
 PAY OF RETIRED ENLISTED MEN. 
 
 646. That when an enlisted man has served as such 
 thirty years in the United States Army or Marine Corps, 
 
 either as private or non-commissioned officer, or both, he Sec. lass, R.S. 
 
 shall by application to the President be placed on the26,p.504 ; Mar. ie,' 
 
 retired list hereby created, with the rank held by him at 
 
 the date of retirement, and he shall receive thereafter 
 
 seventy-five per centum of the pay and allowances of the 
 
 rank upon which he was retired: Provided, That if said 
 
 enlisted man had war service with the Army in the field, 
 
 or in the Navy or Marine Corps in active service, either as 
 
 volunteer or regular, during the war of the rebellion, such 
 
 war service shall be computed as double time in computing 
 
 the thirty years necessary to entitled him to be retired. 1 
 
 Act of September 30, 1890 (26 Stat. L., 504). That here- 
 
 after a monthly allowance of nine dollars and fifty cents 
 
 be granted in lieu of the allowance for subsistence and 
 
 clothing. 2 Act of March 16, 1896 (29 Stat. L., 62). 
 
 MISCELLANEOUS PROVISIONS. 
 
 647. Every non-commissioned officer and private of the Payduring 
 Regular Army, and every officer, non-commissioned officer, ca Har.Vo,'i8i4, c. 
 and private of any militia or volunteer corps in the service nb. 8 ' 
 
 of the United States who is captured by the enemy, shall Sec - 1288 ' B - s - 
 
 be entitled to receive during his captivity, notwithstanding 
 
 the expiration of his term of service, the same pay, sub- 
 
 sistence, and allowance to which he may be entitled while 
 
 in the actual service of the United States; but this pro- 
 
 vision shall not be construed to entitle any prisoner of war 
 
 of such militia corps to any pay or compensation after the 
 
 date of his parole, except the traveling expenses allowed 
 
 by law. 
 
 648. Indians, enlisted or employed by order of the Pres- sc ^f t f 
 ident as scouts, shall receive the pay and allowances 
 
 cavalry soldiers. That so much of the Army appropria- 299, s. G, v. w, p 
 tion act of twenty-fourth July, eighteen hundred and sev- s'ec.i276,R.s. 
 enty-six, as limits the number of Indian scouts to three 
 hundred is hereby repealed; and sections ten hundred and 
 ninety-four and eleven hundred and twelve of the Eevised 
 Statutes, authorizing the employment of one thousand 
 Indian scouts, are hereby continued in force: Provided, 
 
 'This statute replaces the act of February 14, 1885 (23 Stat. L., 305), on the same 
 subject. 
 
 2 See also the title Retirement of Enlisted Men in the chapter entitled ENLISTED 
 MEN. 
 
236 THE MILITARY LAWS OF THE UNITED STATES. 
 
 That a proportionate number of nou- commissioned officers 
 may be appointed. And the scouts, when they furnish 
 their own horses and horse- equipments, shall be entitled 
 to receive forty cents per day for their use and risk so long 
 as thus employed. Act of August 12, 1876 (19 Stat. L., 131). 
 649. Hospital matrons in post or regimental hospitals 
 ^ shall receive ten dollars a month, and female nurses in gen- 
 
 Aim 1 , lo, loU^ c. ^ J _ , * 
 
 9 s. 5, v. 2, p. 134; era i hospitals shall receive forty cents a day. One ration 
 t. o g v 3 'i2, p C 288 ; in kind or by commutation shall be allowed to each. 
 
 July 4. 1864. res. 
 
 75, v. 13, p. 410. Sec.l277,R.S. 
 
 Soldiers- pay 650. No assignment of pay by a non-commissioned offi- 
 "M^THM c cer or Private, previous to his discharge, shall be valid. 1 
 
 37% a iv'l. Sec. 1291, R.S. 
 
 651. That traders and laundrymen at depots for recruits 
 f r re in tne Army b e ? an( l hereby are, authorized to furnish such 
 
 J T e oo J ?o?' recruits, on credit, with laundry work and such articles as 
 
 6C. o, V. ^^1 P. 1^^. 
 
 may be necessary for their cleanliness and comfort, at a 
 total cost not to exceed seven dollars in value per man. 
 That muster and pay rolls be made out showing the 
 amounts the recruits respectively owe to the traders and 
 lauudrymen, and signed by them before leaving the depot, 
 and that the traders and laundrymen be paid on such rolls, 
 the amount paid for each recruit to be noted accordingly 
 on the muster and descriptive rolls, in order that it may 
 be withheld, after he joins his company, by the paymaster, 
 at the first subsequent payment, under such rules and reg- 
 ulations as may be adopted by the War Department: 
 Provided, That this provision shall apply only to recruits 
 on their enlistment, and the credit shall only be allowed on 
 the written order of the regular recruiting officer at said 
 tation. 2 See. 3, act of June 30, 1882 (22 Stat. L., 122). 
 
 652. Non- commissioned officers who served in the war 
 Mexico, and have been recommended by the com- 
 
 6i, s. i?,'v. 9,V manding officers of their regiments for promotion by brevet 
 
 c.274,8?f,v.'io,p'. to the lowest grade of commissioned officer, but have not 
 
 5 'sec. 1286, R.S. received such recommended promotion, shall be entitled 
 
 to additional pay at the rate of two dollars per month, 
 
 although they may not have remained continuously in the 
 
 service. 
 
 1 The transfer by an enlisted man of a claim for pay due on his final statements 
 will be recognized only when made after discharge, in writing, indorsed on the iinal 
 statements, signed by the soldier, and witnessed by a commissioned officer or by some 
 other reputable person known to the paymaster. The person witnessing the trans- 
 fer must indorse on the discharge the fact of transfer of the final statements, and on 
 the final statements the fact that such indorsement has been made on the discharge 
 (Par. 1388, A. R., 1895.) 
 
 2 The act of June 28, 1893 (27 Stat. L., 426), directing that no more post traders be 
 appointed, will operate to restrict this privilege to laundrymen at depots. Paragraph 
 1192, Army Regulations, 1895, requires all laundry charges to be charged to the 
 recruit on his clothing account and to be noted on" his descriptive and assignment 
 card. 
 
THE MILITARY LAWS OF THE UNITED STATES. 237 
 
 TRAVEL ALLOWANCES OF DISCHARGED ENLISTED MEN. 1 
 
 653. When a soldier is discharged from the service. Travel allow- 
 
 R II C 6 S t)O Cl 1 8 
 
 except by way of punishment for an offense, he shall ^f^|J ld l5|- 
 be allowed transportation and subsistence from the place conduct proviso. 
 
 tjtn llj 1812, c. 
 
 of his discharge to the place of his enlistment, enroll- u, s. 22, v. 2,674 ; 
 
 . rm ^---1 Jftn. 29,loJ 3,c. ID. 
 
 inent, or original muster into the service. The Govern- s. 15, v. 2, P .796 ; 
 
 ,.,,,. - i n . June 20. 1864, c. 
 
 rnent may furnish the same in kind, but in case it shall not 145, s. s, v. 13, P . 
 do so, he shall be allowed travel-pay and commutation ofls?!, c. f 285?v. is, 
 subsistence for such time as may be sufficient for him to TOTT^ eV^v. 19, 
 travel from the place of discharge to the place of his en- i^lfv. 2ij a p.' es! 
 listmeut, enrollment, or original muster into the service, Sec * I290} E * St 
 computed at the rate of one day for every twenty miles: 
 Provided, That no enlisted man discharged by order of the 
 Secretary of War for disability caused by his own miscon- 
 duct shall be entitled to the travel allowances provided for 
 in section twelve hundred and ninety of the Bevised Stat- 
 utes. 2 Act of March 16, 1896 (29 JStat. L., 63}. 
 
 1 The travel allowances of enlisted men consist of transportation and subsistence, 
 which are furnished in kind in all practicable cases. For statutory provisions re- 
 specting transportation see note 1 to paragraph 545, ante; for provisions respecting 
 subsistence see paragraph 580, ante. 
 
 2 An enlisted man of the Army is not entitled to transportation from the place of 
 his discharge to the place of his enlistment, under section 1286, Revised Statutes, 
 unless his connection with the service be actually and finally severed. Such con- 
 nection is not so severed when he is discharged to accept promotion, discharge in 
 that case being a formality attendant upon his promotion. Reichmann v. U S.,24 
 C. Cls. R., 485. A soldier discharged at his own request is not entitled to travel 
 pay. Thornton v. U. S., 27 ibid., 342. 
 
 Traveling allowances to discharged soldiers are computed by taking the distance 
 in miles by the shortest usually traveled route from place of discharge to that of 
 enlistment, and allowing one day's pay, and subsistence at the rate of 30 cents, for 
 every 20 miles of travel. If in the computation there remains a fraction of 10 miles 
 or more, it will be reckoned as a full day ; if less, it will not be considered. If trans- 
 portation has been furnished for any part of the distance, that part will be ex- 
 cluded from the computation of travel pay, but subsistence for the full distance will 
 be allowed. (Par. 1385, A. R., 1895.) 
 
 An enlisted man discharged for minority concealed at enlistment, or for other 
 cause involving fraud on his part in the enlistment, is not entitled to pay and allow- 
 ances, including those for travel, and will not receive final statements unless 
 deposits or detained pay are due him, in which case final statements, containing 
 only a list of his deposits or the amount of detained pay, will be furnished. (Par. 
 1386, ibid.) 
 
 Recmits are entitled to pay and allowances when discharged on certificates of 
 disability. When discharged' for any cause involving fraud on their part at enlist- 
 ment, paragraph 1386 will govern. (Par. 1387, ibid.) 
 
 An enlisted man charged with desertion will not receive pay until his offense has 
 been investigated by a court-martial or he has been restored to duty without trial. 
 (Par. 1380, A.R. 1895.) 
 
 Every deserter forfeits all pay and allowances due at the date of desertion. Stop- 
 pages and forfeitures then due will be deducted from his arrears of pay, and, if not 
 so satisfied, from pay due after apprehension. The company commander will note 
 upon the first muster roll after apprehension all data necessary to a complete settle- 
 ment of the soldier's account from the date of last payment, and will carry the 
 account to subsequent rolls until the settlement is made. No settlement of the pay 
 account of any enlisted man will be made on the rolls until sufficient pay shall hajre 
 accrued to satisfy all dues to the United States and pay a balance to the soldier. 
 The required data will include date of last payment, desertion, and apprehension, 
 credits at date of desertion on account of clothing, unsatisfied forfeitures under 
 prior sentences, and dues to the United States at date of desertion on account of 
 clothing, subsistence, ordnance, etc. If, while absent in desertion, he illegally 
 enlisted in another organization, the date of last payment in such enlistment and all 
 stoppage due the United States at date of surrender or apprehension will be stated. 
 (Par, 1381, ibid.) 
 
238 THE MILITARY LAWS OF THE UNITED STATES. 
 
 DEPOSITS. 
 man of the Army may deposit his 
 
 May is, 1872, c. savings, in sums not less than five dollars, with any Army 
 m ; 8 MarT3, 1883,' pay master, who shall furnish him a deposit-book, in which 
 v 'sec!i305,:R.s. shall be entered the name of the paymaster and of the 
 soldier, and the amount, date, and place of such deposit. 
 The money so deposited shall be accounted for in the same 
 manner as other public funds, and shall pass to the credit 
 of the appropriation for the pay of the Army, and shall not 
 be subject to forfeiture by sentence of court-martial, but 
 shall be forfeited by desertion, and shall not be permitted to 
 be paid until final payment on discharge, or to the heirs or 
 representatives of a deceased soldier, and that such deposit 
 be exempt from liability for such soldier's debts: Provided, 
 That the Government shall be liable for the amount depos- 
 ited to the person so depositing the same. 1 
 
 interest on de- 655. For any sums not less than five dollars so deposited 
 p May is, 1872, c. for the period of six months or longer, the soldier, on his 
 ml 8 ' ' P ' final discharge, shall be paid interest at the rate of four 
 
 Sec. 1306, R.S. 
 
 per centum per annum. 2 
 Regulations for 656. The system of deposits herein established shall be 
 
 deposits to be J 
 
 made by Secre- carried into execution under such regulations as may be 
 
 tary of War 
 
 May is, 1872, c. established by the Secretary of War. 3 
 
 161, s.4, v. 17, p. 
 117. 
 
 Sec. 1307, B. S. ^he act of June 16, 1890 (26 Stat. L.. 157), contains the requirement that the sums 
 retained from the monthly pay of enlisted men under sections 1281 and 1282, Revised 
 Statutes, shall be treated as deposits upon which interest shall be paid in accordance 
 with sections 1305, 1306, 1307, and 1308, Revised Statutes. 
 
 2 Amended by the act of March 3, 1883 (22 Stat. L., 456), so as to authorize the de 
 posit, at interest, of sums not less than $5 in amount. 
 
 8 Under the authority conferred by this statute the following regulations have been 
 prepared and promulgated by the Secretary of War : 
 
 Any enlisted man, not retired, may deposit his savings with any paymaster in 
 sums not less than $5, the same to remain so deposited until final payment on dis- 
 charge. The paymaster will furnish the depositor with a book in which each de- 
 posit, with name of depositor, date, place, and amount, in words and figures, will bo 
 entered in the form of a certificate, signed by the paymaster and company com- 
 mander. The company commander will keep in the company record book an account 
 of every deposit made by the soldier; and after each regular payment he, and all 
 officers having charge of detachments of enlisted men at date of deposit, will trans- 
 mit, direct to the Paymaster-General, a list of names of depositors, showing in each 
 case the date, place, and amount of deposit, and name of paymaster receiving the 
 same. These lists, before transmittal. will be examined and compared with the rec- 
 ord of deposits on the company or detachment book and the deposit book of the 
 soldier. Should a soldier who has made a deposit be transferred or desert, the fact 
 will be promptly reported direct to the Paymaster- General by the officer in command 
 of the company or detachment to which he belonged. In case of transfer his de 
 scriptive list will be made to exhibit the date and amount of each deposit. (Par. 
 1371, A. R., 1895.) 
 
 On the discharge of a soldier the date and amount, in words and figures of each 
 of his deposits will be entered upon his final statements, and his deposit book will 
 be taken up by the paymaster who pays him and filed with the voucher of payment. 
 In case deposits are forfeited by desertion, the amounts of the same will be entered 
 on the final statements under the head "Remarks," and the facts and authority for 
 such forfeiture given. (Par. 1372, ibid.) 
 
 Before delivering final statements upon which deposits are credited, the officer 
 signing them will ascertain whether the soldier has the deposit book; and if so, in- 
 struct him to present it to the paymaster. Should he claim to have lost it, the officer 
 will cause his affidavit to that effect to be taken and attached to the statements. 
 Ihe affidavit will clearly state the circumstances attending loss of the book, and 
 sfcow that the soldier has not sold or assigned it. Upon this evidence the paymaster 
 may pay and the responsibility for the correctness of amounts credited on the state- 
 ments will rest with the officer certifying them. (Par. 1373. ibid.) 
 
 Paymasters will not pay deposits except on final statements. When they are not 
 paid the soldier should forward his deposit book or the evidence referred to in the 
 
THE MILITARY LAWS OF THE UNITED STATES. 239 
 
 657. The amounts of deposits and clothing-balances accu- bl ^^ 8 j it8 pa - ya - 
 mulating to the soldier's credit under sections thirteen May is, 1372, c. 
 hundred and two and thirteen hundred and five, shall, when 117'. 
 
 Xf " 1 ** OS R X 
 
 payable to him upon his discharge, be paid out of the 
 appropriations for "pay of the Army" for the then current 
 fiscal year. 
 
 MISCELLANEOUS PROVISIONS. 
 
 658. The amount due from any officer for rations pur- Deductions for 
 
 * rations pur- 
 
 chased on credit, or for any article designated by the in- chased by om- 
 spectors-general of the Army and purchased on credit from Mar. 3, ises, c. 
 commissaries of subsistence, shall be deducted from the 497 ; Juiy28, iseei 
 payment made to such officer next after such purchase shall p.sse' 8 ' 
 have been reported to the Paymaster-General. 
 
 659. The amouu.t due from any enlisted man for articles For articles 
 designated by. the inspectors-general of the Army, and sold BSedmen. y ei 
 
 ,., , , . , ' , ,, , July 28, 1866, c. 
 
 to him on credit by commissaries 01 subsistence, shall be 299, 3.25, v. 14, p. 
 deducted from the payment made to him next after such s'ec.i30o,R.s. 
 sale shall have been reported to the Paymaster-General. 
 
 660. The amount due from any enlisted man for tobacco For tobacco 
 
 purchased. 
 
 sold to him at cost prices by the United States shall be Mar - s, ises. c. 
 deducted from his pay in the manner provided for the set- 8ec.'i8oi, p B. s.' 
 tlement of clothing accounts. 1 
 
 661. In all matters relating to the pay and allowances of tee ^ y of volun ' 
 officers and soldiers of the Army of the United States, the 15 f- 2 \ 18 u' G ' 
 same rules and regulations shall apply to the Eegular Army 43 ^ ' ' 
 and to volunteer forces mustered into the service of the 
 
 United States for a limited period. 
 
 preceding paragraph to the Paymaster-General. Enlisted men should be informed 
 of the importance of preserving deposit books as the only certain means of insuring 
 prompt repayment. (Par. 1374, ibid.) 
 
 On the death of a soldier each deposit, with amount, date, place, and paymaster 
 witb whom deposited, will be noted in the inventory of his effects, and on the ac- 
 companying final statements with which his deposit book will be filed. (Par. 1377, 
 ibid.) 
 
 Both deposits and interest will be forfeited by desertion, but are exempt from for- 
 feiture by sentence of court-martial and from liability for the soldier's debts. (Par. 
 1378, ibid.) 
 
 The retained pay of enlisted men will be treated as deposits to the extent that it 
 draws interest from the end of the year of the enlistment in which retained. It is 
 subject to forfeiture for any of the causes set forth in paragraph 1369, and is carried 
 to the credit of the soldier on his final statements, subject to deduction for debts due 
 the United States at the date of discharge. (Par. 1379, ibid.) 
 
 The act of August 0, 1894 (28 Stat. L., 236), contains the proviso " that hereafter 
 sums known as detained pay, which have already been or may hereafter be withheld 
 from the monthly pay of enlisted men of the Army in obedience to court-martial 
 sentences, shall when repaid become a charge against the fund ' pay of the Army ' 
 for the > ear in which said enlisted men have been or may be discharged." 
 
 1 For provisions of statutes respecting deductions from the pay of enlisted men for 
 the money value of clothing not drawn, see sections 1302 and 1308, Revised Statutes. 
 For pay ($2 per month) to enlisted men to whom certificates of merit have been 
 awarded under section 1285, Revised Statutes, see the chapter entitled BREVETS, 
 MEDALS OF HONOK, AND CERTIFICATES OF MERIT. For provisions relating to the 
 reimbursement of the United States for damages done to arms, equipments, etc., see 
 paragraph 870 in the chapter entitled THE ORDNANCE DEPARTMENT. 
 
CH-AJPTER XX. 
 
 THE MEDICAL DEPARTMENT. 
 
 Par. 
 
 662. The TVledical Department; or- 
 
 ganization. 
 
 663. Grades of certain medical 
 
 officers. 
 
 664. Examinations. 
 
 665. Volunteer service of assist- 
 
 ant surgeons. 
 
 666. Examination of assistant sur- 
 
 geons for promotion. 
 
 667. Bank and precedence. 
 
 668. Right of command. 
 
 669. Assignment to duty. 
 
 670. Supervision of cooking. 
 
 671 . Purchases for sick in hospital. 
 
 672. Professional attendance on 
 
 families of officers. 
 
 673. The Hospital Corps. 
 
 674. Hospital stewards. 
 
 675. Rank and pay. 
 
 676. Examination. 
 
 677. Privates; duties. 
 
 678. Pay and allowances. 
 
 679. Acting hospital stewards. 
 
 662< That the Medical Department of the Army 1 shall 
 liereafter consist of one Surgeon General, with the rank, 
 1874, y. 18,^244; p a y ? an( i emoluments of a brigadier general ; two assistant 
 24, p. 435; July surgeon- generals, with the rank, pay, and emoluments of 
 ei '; July 27, 1892, colonels, and two deputy surgeon generals, with the rank, 
 
 v. 27, p. 276; Aug. , , ,, . 
 
 is, 1894, v. 28, p. pay, and emoluments of lieutenant-colonels, 2 who shall give 
 the same bonds which are or may be required of assistant 
 paymasters-general of like grade, and shall, when not act- 
 ing as purveyors, be assignable to duty as surgeons by the 
 President 5 fifty surgeons, with the rank, pay, and emolu- 
 ments of majors ; one hundred and ten assistant surgeons, 
 with the rank, pay, and emoluments of lieutenants of 
 cavalry 3 for the first five years' service, and with the rank, 
 pay, and emoluments of captains of cavalry after five years' 
 of service; 4 and all the original vacancies in the grade of 
 geoS - a how lued! assistant surgeon shall be filled by selection by competitive 
 geSns limited" r ~ examination. And the number of contract- surgeons shall 
 be limited to seventy-five on or before the first day of 
 
 ' Section 1168, Revised Statutes, was replaced by section 4, of the act of June 23. 
 1874 (18 BtM.Ii., 244), reorganizing the staff' corps of the Army. For general provi- 
 sions respecting appointments and promotions in the Medical Department, see the 
 chapter entitled THE STAFF DEPARTMENTS 
 
 'The act of July 27, 1892 (27 Stat. L., 276), provided that the grade of officers 
 holding the rank of colonel in the Medical Department should be that of assistant 
 surgeon general, and that the grade of officers holding the rank of lieutenant colonel 
 should be that of deputy surgeon general. 
 
 3 The number of assistant surgeons was fixed at 125 by the act of July 26, 1876 (19 
 Stat. L., Gl), and at 110 by the act of August 18, 1894 (28 Stat. L , 403). 
 
 4 The office of medical storekeeper was abolished by the act of July 26, 1876 (19 
 Stat. Li., 61). 
 
 240 
 
THE MILITARY LAWS OF THE UNITED STATES. 241 
 
 January in the year eighteen hundred and seventy-five; 
 and thereafter no more than that number shall be employed. 1 
 Sec. 4, act of June 23, 1874 (18 Stat. L., 244). 
 
 663. That from and after the passage of this act the Grades of cer- 
 grade of certain medical officers of the Army below that ofcers. 
 Surgeon-General shall be as follows: Those holding the 2?fp. ire! 1 18 2 ' v ' 
 rank of colonel, assistant surgeon -generals; those holding 
 
 the rank of lieutenant-colonel, deputy surgeon-generals. 
 
 664. No person shall receive the appointment of assistant Examinations. 
 
 V -U u ii i i -11 i June 30,1834,c. 
 
 surgeon unless he shall have been examined and approved 133, 8 . i, v. 4, P . 
 by an Army medical board, consisting of not less than three sec. 1172, B. s. 
 surgeons or assistant surgeons, designated by the Secretary 
 of War; and no person shall receive the appointment of 
 surgeon unless he shall have served at least five years as 
 an assistant surgeon in the Eegular Army, and shall have 
 been examined and approved by an Army medical board, 
 consisting of not less than three surgeons, designated as 
 aforesaid. 2 
 
 665. Assistant surgeons who have served three years as . voiunteerserv- 
 
 J ice of assistant 
 
 surgeons or assistant surgeons in the volunteer forces [shall] 3 surgeons. 
 
 be eligible to promotion to the grade of captain. i|j>, s. 5,V. i4,V 
 
 666. That before receiving the rank of captain of cavalry, Examination 
 
 . , ini i -, ,-, . . of assistant sur- 
 
 assistant surgeons shall be examined, under the provisions rams for promo- 
 of an act approved October first, eighteen hundred and v.' 26, p. 562. 
 ninety, entitled "An act to provide for the examination of 1892,%. 27, p. 276.' 
 certain officers of the Army and to regulate promotions 
 therein." Sec. 2, act of July 27, 1892 (27 Stat. L., 276). 
 
 667. Officers of the Medical Department shall take rank Rank and P re 
 
 , ., . _ , i -I ., . cedence. 
 
 and precedence in accordance with date ot commission or July 5, 1884, v. 
 appointment, and shall be so borne on the official Army 
 .Register. Act of July 5, 1884 (23 Stat. L., 111). 
 
 668. Officers of the Medical Department of the Army Right of com- 
 shall not be entitled, in virtue of their rank, to command "Veb. n, 1847, c. 
 
 . .. . 8, s.8, v. 9, p. 125. 
 
 m the line or in other staff corps. sec. neo, it. s. 
 
 669. That medical officers of the Army may be assigned Assignment to 
 by the Secretary of War to such duties as the interests of "sec. 3, July 27, 
 
 , , . 1892, v. 27, p. 277. 
 
 the service may demand. 4 
 
 'Since tho act of July 16, 1892 (27 Stat. L., 175), contract surgeons, as such, have 
 not been provided for in the annual appropriation bills. The number of officers of 
 this grade was fixed at 75 by the act of June 23, 1874 (18 Stat. L., 244) ; at 75 by the 
 acts of July 30, 1886 (24 Stat. L., 95), and February 9, 1887 (24 Stat. L., 396) ; and at 
 50 by the acts of September 22, 1888 (25 Stat. L., 482), and March 2, 1889 (25 Stat. L., 
 827). 
 
 2 No allowance will be made for tho expenses of persons undergoing examination, 
 but those who receive appointments will be entitled to travel allowances in obeying 
 the first order assigning them to duty (Par. 1395, A. R.. 1895). 
 
 : The word "shall" omitted from the roll. 
 
 4 The Medical Department, under the direction of the Secretary of War, is charged 
 with the duty of investigating the sanitary condition of the Army and making 
 recommendations in reference thereto, with the duty of caring for the sick ana 
 wounded, making physical examinations of officers ami enlisted men, and furnishing 
 all medical and hospital supplies, except for public animals. (Par. 1392, A. R., 1895). 
 
 1919 16 
 
242 THE MILITARY LAWS OF THE UNITED STATES. 
 
 cook?n rvisi n f ^ ^ ne ffi cers f the Medical Department of the Army 
 
 ^ Mar. 3, 1863, c. shall unite with the officers of the line, under such rules and 
 
 744. 8 ' ' J^ R ^' regulations as shall be prescribed by the Secretary of War, 
 
 "in superintending the cooking done by the enlisted men; 
 
 and the Surgeon-General shall promulgate to the officers of 
 
 said corps such regulations and instructions as may tend to 
 
 insure the proper preparation of the ration of the soldier. 
 
 Purchases for 671. Such quantities of fresh or preserved fruits, milk. 
 
 sick in hospital. ' 
 
 . 
 
 Aug. 3, 1861, c. butter, and eggs as may be necessary tor the proper diet ot 
 289. 8 ' P the sick, may be allowed in hospitals. They shall be pro- 
 
 * vided under such rules as the Surgeon-General, with the 
 approval of the Secretary of War, shall prescribe. 
 sion^ 672. The medical officers of the Army and contract sur- 
 of offi- geons shall whenever practicable attend the families of the 
 
 July 5, 1884, v. officers and soldiers free of charge. 1 Act of July 5, 1884 
 (23 Stat. L., 112). 
 
 THE HOSPITAL CORPS. 
 
 The Hospital 673. That the Hospital Corps of the United States Army 
 
 Mar! i, 1887, v shall consist of hospital stewards, acting hospital stewards, 
 
 ie! 1895, V. 29 a p. and privates; and all necessary hospital services in garri- 
 
 son, camp, or field (including ambulance service) shall be 
 
 performed by the members thereof, who shall be regularly 
 
 enlisted in the military service; said Corps shall be perma- 
 
 nently attached to the Medical Department, and shall not be 
 
 included in the effective strength of the Army nor counted 
 
 as a part of the enlisted force provided by law. 2 Act of 
 
 March 1, 1887 (24 Stat. L., 435). 
 
 1 Civilians employed in post exchanges are held to be entitled to the privileges of 
 medical and hospital attendance and purchase of medicines allowed civilian employees 
 under Army Regulations 1444, 1445, 1447, and 1450. (Decision Sec. War, Jan. 31, 1896 
 Circular No. 2, 1896.) 
 
 2 Sections 1179, 1180, and 1181, Revised Statutes, were repealed by the act of March 
 1, 1887 (24 Stat, L., 435), creating the Hospital Corps. 
 
 THE HOSPITAL CORPS. 
 
 All hospital services in garrison and in the field will be performed by members of 
 the Hospital Corps, who will be enlisted for, and permanently attached to, the Med- 
 ical Department. In time of war, the corps will perform the necessary ambuJance 
 service under such officers of the Medical Department and assistants as may be 
 detailed for that duty. (Par. 1396, A. R., 1895.) 
 
 No person will be appointed a hospital steward until he has served a year as act- 
 ing hospital steward; nor will a steward be appointed nor an acting steward bo 
 detailed until he has passed a satisfactory examination, under the direction of 
 the Surgeon- General. Privates who have served one year in the Hospital Corps, 
 and graduates of pharmacy who have served six months and have shown particular 
 fitness, may be recommended to the Surgeon-General for promotion by the senior 
 medical officer of the command. From those thus recommended acting stewards 
 will be detailed, after passing the required examination. These examinations will 
 be conducted by a board composed of the medical officers of the station at which the 
 applicant may be serving, and if no medical officer is there on duty, the candidate 
 will be sent for examination to the nearest station provided with such an officer. 
 The report of the board will be forwarded direct to the Surgeon-General (Par. 
 1397, ibid.) 
 
 A hospital steward may be reenlisted at the expiration of his term of service on 
 the authority of the Surgeon-General, provided ho has passed successfully the pre- 
 scribed examination. If he desire to reenlist he will report the fact, in writing, 
 through military channels, to the Surgeon-General sixty days before the expiration 
 of his term of service. (Par. 1398, ibid.) 
 
 At every post there will be one hospital steward, two if the garrison equals six 
 companies, and an additional one for every additional pix companies. At every 
 
THE MILITARY LAWS OF THE UNITED STATES. 243 
 
 674. That the Secretary of War is empowered to appoint ar H a ospital 8tew - 
 as many hospital stewards as, in his judgment, the service Sec - 2 > Mar. i, 
 may require; but not more than one hospital steward shall Mar. IG, isoo, v ! 
 be stationed at any post or place without special authority 
 
 of the Secretary of War. That there shall be no appoint- 
 ments of hospital stewards until the number of hospital 
 stewards shall be reduced below one hundred, and there- 
 after the number of such officers shall not exceed one 
 hundred. Act of March 16, 1896 (29 Stat. L., 61). 
 
 675. That the pay of hospital stewards shall be forty- Rank and pay. 
 
 a j II -J t^i Sec - 3 - Mar. 1, 
 
 five dollars per month, with the increase on account of ISST, v. 24, p. 435. 
 length of service as is now or may hereafter be allowed by . 
 law to other enlisted men. They shall have rank with 
 ordnance- sergeants and be entitled to all the allowances 
 appertaining to that grade. Sec 5, act of March 1, 1887 (24 
 Stat. L., 435). 
 
 676. That no person shall be appointed a hospital stew- Examination. 
 ard unless he shall have passed a satisfactory examination issj.v. 24, p. 435'. 
 before a board of one or more medical officers as to his 
 qualifications for the position, and demonstrated his fitness 
 
 therefor by service of not less than twelve months as act- 
 ing hospital steward; and no person shall be designated 
 for such examination except by written authority of the 
 Surgeon-General. Sec. 4, ibid. 
 
 677. That the Secretary of War is empowered to enlist, tie ^ rivates; du ~ 
 or cause to be enlisted, as many privates of the Hospital sec.5,tWd.- 
 Corps as the service may require, and to limit or fix the 
 number, and make such regulations for their government 
 
 post of two companies there will also be an acting steward, if practicable. (Par. 
 1409, ibid.) 
 
 There will be three privates of the Hospital Corps at every military post, four if 
 the garrison consists of two companies, and an additional private for each additional 
 two companies. They will be assigned to the respective duties connected with the 
 hospital service by the surgeon of the post. (Par. 1410, ibid.) 
 
 The number of stewards and privates of the Hospital Corps to be stationed at 
 arsenals, engineer stations, and independent posts will be determined by the Secre- 
 tary of War. (Par. 1411, ibid.) 
 
 COMPANY BEARERS. 
 
 There will be in each company four privates designated for instruction as litter 
 bearers. They will be selected by company commanders, with the concurrence of 
 the surgeon. They should be of good character and sufficient intelligence to make 
 them eligible for transfer to the corps, and will be known as "company bearers." 
 (Par. 1412, A. K., 1895.) 
 
 Company bearers, together with all available men of the Hospital Corps, will be 
 instructed under the supervision of the surgeon of the post for at least four hours 
 in each month, and at such times as the post commander may appoint, in the duties 
 of litter bearers and the methods of rendering first aid to the sick and wounded. 
 This special instruction will not relieve them from the performance of their regular 
 military duties. They should be instructed primarily, and by object lessons as far 
 as practicable, in first aid. During an engagement or in an emergency the company 
 hearers may be directed by their immediate commanding officers to fall out aud give 
 first aid to the wounded, or carry them to the rear until relieved by members of the 
 Hospital Corps, and when so relieved they will immediately join their companies. 
 Company bearers on drill as such and in campaigns will wear a red brassard around 
 the left arm. (Par. 1413, ibid.) 
 
 AMBULANCES AND UTTERS. 
 
 One regulation ambulance with proper harness will be issued to each post. To 
 posts of more than 200 men, the number to be issued will bo one additional ambu- 
 lance for each additional 200 men or major fraction thereof. (Par. 1414, A. K., 1895.) 
 
 The ambulance will not be used except for transportation of the sick and wounded, 
 
244 THE MILITARY LAWS OF THE UNITED STATES. 
 
 as may be necessary; and any enlisted man in the Army 
 shall be eligible for transfer to the Hospital Corps as a 
 private. They shall perform duty as war dm aster s, cooks, 
 nurses, and attend ants in hospitals, and as stretcher-bearers, 
 litter-bearers, and ambulance attendants in the field, and 
 such other duties as may by proper authority be required 
 of them. Sec. 5, ibid. 
 
 ray and allow- 678. That the pay of privates of the Hospital Corps shall 
 
 sec.' c, iud^; be eighteen dollars per month, with the increase on account 
 
 2?! p. 126. * A ' of length of service as is now or may hereafter be allowed 
 
 by law to other enlisted men; they shall be entitled to the 
 
 same allowances as a corporal of the arm of service with 
 
 which on duty. Sec. 6, ibid. 
 
 Acting hospi- 679. That privates of the Hospital Corps may be detailed 
 
 tal stewards. 
 
 sec. ?, Mar. i, as acting hospital stewards by the Secretary of War, upon 
 
 1887 v 24 p 436. 
 
 the recommendation of the Surgeon-General, whenever the 
 necessities of the service require it; and while so detailed 
 their pay shall be twenty-five dollars per month, with in- 
 crease as above stated. Acting hospital stewards, when 
 
 the recreation of convalescent patients, or to give instruction in the duties of the 
 ambulance service. They will be furnished and repaired by the Quartermaster's 
 Department, will always be subject to the call of the surgeon, and, when practi- 
 cable, will be housed near the hospital. (Par. 1415. ibid.) 
 
 At each post one of the privates of the corps will be designated by the surgeon as 
 ambulance driver. In addition to his other duties, he will care for the ambulance, 
 its equipment and harness, and see that they are always in readiness for immediate 
 use. In the field he will care for the animals. When it is necessary to use the 
 ambulance for any transportation purposes, the commanding officer, on the applica- 
 tion of the surgeon, will see that the requisite animals are provided by the quarter- 
 master and placed at the disposal of the surgeon. (Par. 1416, ibid.) 
 
 At posts each company Avill be furnished with one hand litter, which will be kept 
 ready at all times for use by the company bearers. They will be supplied and repaired 
 by the Quartermaster's Department. (Par. 1417, ibid.) 
 
 Travois and mule litters may be issued upon the recommendation of the chief 
 surgeon. (Par. 1418, ibid.) 
 
 Commanding officers will inspect ambulances, litters, and other appliances for 
 transporting the wounded at each monthly inspection, and see that they are com- 
 pletely equipped. When practicable, the ambulance fully equipped for service will 
 be presented for inspection, with the animals attached. (Par. 1419, ibid.) 
 
 FIELD SERVICE. 
 
 In field service, troops will be accompanied by such number of men of the Hospital 
 Corps as may be determined by the post commander, on the recommendation of the 
 surgeon. (Par. 1420, A. K., 1895.) 
 
 On the march or in battle each medical officer will habitually be attended by a 
 mounted private of the Hospital Corps. Hospital' stewards, acting stewards, and 
 at least one private of the corps in each separate command will be mounted when 
 serving in the field, and all privates of the corps will be mounted when serving with 
 mounted commands. Horses will be famished by the Quartermaster's Department 
 for members of the corps on duty in the field, when practicable. When no horses 
 are available special application for authority to hire must be made. (Par. 1421, 
 ibid.) 
 
 Ambulances will be tised for the transportation of the sick and wounded, the 
 instruction of the Hospital Corps and company bearers, and, in urgent cases, for 
 the transportation of medical supplies, and all persons are prohibited from using 
 them, or requiring or permit! ing them to be used, for any other purpose. It shall 
 be the duty of the officers of the ambulance service to report to the commander of 
 the troops any violation of the provisions of this paragraph. (Par. 1422, ibid.) 
 
 No person, except the proper medical officers or the officers, noncommissioned offi- 
 cers, and privates of the ambulance service, or such persons as may be specially 
 assigned by competent military authority to duty therewith, will be permitted to 
 take or accompany sick or wounded men to the rear, either on the march or upon the 
 field of battle. (Par. 1423, ibid.) 
 
 When detailed for service in the field during Indian wars, or when left with the 
 sick or wounded under circumstances which justify the expectation that their rights 
 as noncombatants, under the Geneva Convention, will not be recognized, command- 
 ing officers will issue to members of tho Hospital Corps revolvers or other available 
 firearms. With these exceptions, no side arms will be issued to members of the 
 Hospital Corps, (Order Sec, War, Jan. 31, 1896 Circular ]S T o.2, 1896.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 245 
 
 educated in the duties of the position, may be eligible for 
 examination for appointment as hospital stewards as above 
 provided. Sec. 7, ibid. 
 
 Par. 
 
 ARTIFICIAL LIMBS. 
 
 Par. 
 
 680. Artificial limbs. 688. Trusses. 
 
 681. To be renewed once in three j 689. Application for; how made. 
 
 years. 690. Trusses to be purchased by 
 
 682. Commutation. Surgeon-General. 
 
 683. Commutation payable by ! 691. Hospital matrons and female 
 
 Commissioner of Pensions. ! nurses. 
 
 684. Commutation to those who 692. Quarters for hospital stew- 
 
 can not use artificial limbs. 
 685. Commutation to be paid di- 
 
 ards. 
 693. Civilian employees may pur- 
 
 rectly to soldier, etc. chase medicines. 
 
 686. Transportation to persons for | 694. Purchases without advertise- 
 
 whom artificial limbs are j ment. 
 
 furnished. 
 
 687. Transportation to be fur- 
 
 nished by Quartermaster- 
 General. 
 
 680. That every officer, soldier, seaman and marine, who, 
 
 in the line of duty, in the militarv or naval service of the 19 - P- g s Aug. 15, 
 
 1876, s. 1, v. 19, p. 
 
 United States, shall have lost a limb, or sustained bodily 203 ; Mar.y, isoi, 
 injuries, depriving' him of the use of any of his limbs, shall Y 
 receive once every three years an artificial limb or appliance, 
 or commutation therefor, as provided and limited by exist- 
 ing laws, under such regulations as the Surgeon-General 
 of the Army may prescribe j and the period of [live] three 
 years shall be held to commence with the filing of the first 
 application after the seventeenth day of June, in the year 
 eighteen hundred and seventy. Sec. 1, act of August 15, 
 
 1876 (19 Stat. L., 203). The * * * SUmS * * * . Appropriation 
 x . ' ' to be disbursed 
 
 hereby appropriated shall be expended and disbursed under bv Surgwm-Gjai. 
 the direction of the Surgeon-General of the Army, and in 
 accordance with existing laws. Act of March 23, 1876 (19 
 Stat. L., 8). 
 
 681. Every officer, soldier, seaman, and marine who was TO be renewed 
 
 ,.,,,,.., . i-i,. once in three 
 
 disabled during the war for the suppression of the rebellion, years. 
 
 .,., . j xi v f T i July 2, 1868, v. 
 
 in the military or naval service, and in the line of duty, or 15, s. u, p. 237 ,- 
 in consequence of wounds received or disease contracted fe""! ^ p 890 i53,' 
 therein, and who was furnished by the War Department 
 since the seventeenth day of June, eighteen hundred andf? 1 
 seventy, with an artificial limb or apparatus for resection, f 
 who was entitled to receive such limb or apparatus since n 
 said date, shall be entitled to receive a new limb or 
 apparatus at the expiration of every three years thereafter, 
 under such regulations as have been or may be prescribed 
 
246 THE MILITARY LAWS OF THE UNITED STATES. 
 
 by the Surgeon-General of the Army. 1 Act of March .9, 1891 
 (26 Stat. L.j 1103}. 
 
 commutation 682. Every person entitled to the benefits of the preced- 
 rates mb, .^ sec ti on may, if he so elects, receive, instead of such 
 
 e/mfs. 1 !, 1 v. 8 i6; limb or apparatus, the money value thereof, at the folio w- 
 i876? 3 c. 3oo, g v.i9,ing rates, namely: For artificial legs, seventy-five dollars; 
 P lee.' 4788, R.s. f r arms, fifty dollars; for feet, fifty dollars; for apparatus 
 
 for resection, fifty dollars. 
 
 commutation 683. Every person in the military or naval service who 
 
 not use artificial lost a limb during the war of the rebellion, or is entitled to 
 
 h jfc<z., 8.3. the benefits of section forty-seven hundred and eighty- 
 
 cQ^i'g!]).^ 7 ' c ' seven, but from the nature of his injury is not able to use 
 
 sec. 4790, R.s. an artificial n m sliall ^ eil titled to the benefits of section 
 
 forty-seven hundred and eighty-eight, and shall receive 
 money commutation as therein provided. 
 
 684. Hereafter in case of commutation the money shall 
 etc tiy No 8 fee ie t r o ^ e P a id directly to the soldier, sailor, or marine, and no fee 
 ag Mar 3 1891 v or compensation shall be allowed or paid to any agent or 
 26,p a 979.' v ' attorney. 2 Act of March 3, 1891 (26 Stat L., 979). 
 fo^pTr^s'to 685 - The Secretary of War is authorized and directed to 
 Hmbs ar^fur 1 ^ urn ^ s ^ ^ * ne P ersons embraced by the provisions of sec- 
 nished. tion forty-seven hundred and eighty-seven, transportation 
 
 305, U vf i4,'p 86 342| to and from their homes and the place where they may be 
 ' required to go to obtain artificial limbs provided for them 
 . uuder authority of law. 
 
 27, 1877, c/69, v.' 19, p. 252. Sec. 4791, R. S. 
 
 fu^nu^e^iT ^' ^ ne ^' rans P r ^ a ^on allowed for having artificial 
 
 Quartermaster- Hmbs fitted shall be furnished by the Quartermaster- 
 
 sec^, Aug. is, General of the Army, the cost of which shall be refunded 
 
 Fe 7 b' 27 19 i877 2 v ; f rom the appropriations for the purchase of artificial limbs. 
 
 19, p. 252 ; Mar. 3^ 1891, v. 26, p. 1103. 
 
 to T br s S r nhed 687> Tnat necessa ry transportation to have artificial 
 
 ^ ^uartermas- Hmbs fitted shall be furnished by the Quartermaster- 
 
 sec. 2, Aug. 15, General of the Arm v, the cost of which shall be refunded 
 
 1876, v. 19, p. 204. . , , ,. , ' ... . , 
 
 1874, ch. 298, is out of any money appropriated for the purchase of artificial 
 
 tee, m, B.S. limbs: Provided, That this act shall not be subject to the 
 
 provisions of an act entitled u an act to increase pensions,' 7 
 
 approved June eighteenth, eighteen hundred and seventy- 
 
 four. Sec. 2, act of August 15, 1876 (19 Stat L., 204). 
 
 TRUSSES. 
 
 dJr^and^anorl" ** 88 ' That everv soldier of the Union Army, or petty- 
 
 Mar. 3, 1879, v! officer, seaman, or marine in the naval service, who was 
 
 2 sec. 3 ii76, R.S. ruptured while in the line of duty during the late war lor 
 
 1 The clause added to section 4787 by the act of February 27, 1877, was repealed by 
 tbe act of March 3, 1891. 
 
 2 1. The requirement of section 4789, Revised Statutes, that the Commissionerof 
 Pensions shall be furnished by the Surgeon-General with lists of beneficiaries with a 
 view to their payment, was superseded by the act of August 15, 1876 (19 Stat. L., 244), 
 requiring payments on account of artificial limbs, etc., to be made by the latter 
 
THE MILITARY LAWS OF THE UNITED STATES. 247 
 
 the suppression of the rebellion, or who shall be so rup- 
 tured thereafter in any war, shall be entitled to receive a 
 single or double truss of such style as may be designated 
 by the Surgeon-General of the United States Army as best 
 suited for such disability; and whenever the said truss or 
 trusses so furnished shall become useless from wear, de- 
 struction, or loss, such soldier, petty-officer, seaman, or 
 marine shall be supplied with another truss on making a 
 like application as provided for in section two of the orig- 
 inal act of which this is an amendment: Provided, That Proviso. 
 such application shall not be made more than once in two 
 years and six months: And provided further, That sections 
 two and three of the said act of May twenty-eighth, eight- 
 een hundred and seventy-two, shall be construed so as to 
 apply to petty-officers, seamen, and marines of the naval 
 service, as well as to soldiers of the Army. 
 
 689. Application for such truss shall be made by the . Application 
 
 for; how made. 
 
 ruptured soldier, to an examining surgeon for pensions, May 28, 1372, c. 
 whose duty it shall be to examine the applicant, and when 164'. 
 
 , , - J _ Sec. 1177, R.S. 
 
 found to have a rupture or hernia, to prepare and forward 
 to the Surgeon-General an application for such truss with- 
 out charge to the soldier. 
 
 690. The Surgeon-General is authorized and directed to Trusses to be 
 purchase the trusses required for such soldiers, at whole- 
 
 sale prices, and the cost of the same shall be paid upon May 28, 1372,0. 
 
 the requisition of the Surgeon- General out of any moneys 164'. 8 
 
 in the Treasury not otherwise appropriated. ec.ii78,n.s. 
 
 HOSPITALS. 
 
 691. Hospital matrons in post or regimental hospitals Hospital ma- 
 
 . ., . _ ,. trons and female 
 
 shall receive ten dollars a month, and female nurses in nurses. 
 
 ,,.,,, . , Mar. 16, 1802, v. 
 
 general hospitals shall receive forty cents a day. One 2, P . 134 ; Aug. s, 
 ration in kind or by commutation shall be allowed to each. jniyMM&.u! 
 
 p. 416. 
 
 692. That hereafter the posts at which such quarters, Quarters for 
 [for hospital stewards], shall be constructed shall be desig- a3. a d 
 nated by the Secretary of War, and such quarters shall be 27^84.' 1893 ' v ' 
 built by contract, after legal advertisement, whenever the 
 
 same is practicable. Act of February 27, 1893 (27 Stat L., 
 484). 
 
 1 HOSPITAL BUILDINGS. 
 
 A building will not be erected for nor occupied as a hospital until the opinion of a 
 medical officer has been obtained in writing upon the suitableness of site and pro- 
 posed arrangement. If the commanding officer dissent from this opinion he will 
 return it to the surgeon of the post with his reasons indorsed thereon. (Par. 1424, 
 A. -It., 1895.) 
 
 Hospitals will be erected at permanent posts in accordance with plans and speci- 
 fications famished by the Surgeon-General, approved by the Secretary of War. 
 (Par. 1425, ibid.) 
 v When altei-ations of or additions to hospitals are necessary, the surgeon of the 
 
248 THE MILITARY LAWS OF THE UNITED STATES. 
 
 SALES TO CIVILIAN EMPLOYEES. 
 
 civilian em- 693. That civilian employees of the Army stationed at 
 ! military posts may, under regulations to be made by the 
 ' Secretary of War, purchase necessary medical supplies, 
 
 post, after obtaining from the quartermaster an estimate of cost, will transmit plans 
 and specifications, with proposed modifications, through military channels, to the 
 Secretary of War. Similar action will be taken upon quarters for hospital stewards. 
 (Par. 1426, ibid.) 
 
 No portion of any hospital building will be used or occupied as quarters, nor will 
 any mess be permitted or maintained therein except such as may be necessary for 
 patients and enlisted men there on duty. (Par. J430, ibid.) 
 
 SICK CALL. 
 
 At siclt call the enlisted men of each company who require medical attention will 
 be conducted to the hospital by a noncommissioned officer, who will give to the 
 attending surgeon the Company Sick Report Book containing the names of the sick. 
 The surgeon, after examination, will indicate in the book, opposite their names, 
 the men who are to bo admitted to hospital and those to be returned to quarters, 
 what duties the latter can perform, witli any other information in regard to the 
 sick which he may have to communicate to the company commander. (Par. 1431, 
 A. R., 1895.) 
 
 Medical officers will furnish company commanders any information, except the 
 diagnosis, which will assist them in determining, for entry on the muster rolls, 
 whether or not the disability of a soldier who is or has been on sick report origi- 
 nated in the line of dutv, entering this information in the Company Sick Report 
 Book. When required they will furnish the diagnosis to the commanding officer. 
 (Par. 1432, ibid.) 
 
 GENERAL HOSPITALS. 
 
 General hospitals will be under the exclusive control of the Surgeon- General and 
 will be governed by such regulations as the Secretary of War may proscribe The 
 surgeon in charge will command the same and will not be subject to the orders of 
 local commanders other than those of territorial departments. ( Par. 1433, A. R., 1895.) 
 
 Hospital transports, boats, and railway trains, after being properly assigned as 
 such, will be exclusively under the control of the Medical Department, and will not 
 be diverted from their special purposes by orders of local or department commanders 
 or officers of other start' corps. (Par. 1434, ibid.) 
 
 SERVICE OF HOSPITALS. 
 
 The senior surgeon is charged with the management and is responsible for the 
 condition of the post hospital, which will be at all times subject to inspection by the 
 commanding officer. The surgeon of the post will inspect the hospital every morn- 
 ing, and on Saturday will also inspect the detachment of the Hospital Corps. (Par. 
 1435, A. R.,1895.) 
 
 The surgeon of the post will assign his assistants and the members of the Hospital 
 Corps to duty, and report them on the muster rolls in the capacity in which they are 
 serving. With the approval of the commanding officer, he will also appoint the 
 matrons. (Par. 1436, ibid.) 
 
 Hospital matrons will be allowed as follows : At general hospitals, one matron to 
 twenty patients or major fraction thereof; at hospitals at posts and arsenals, a number 
 fixed by the Surgeon-General. (Par. 1437, ibid.) 
 
 Patients will, if possible, leave their arms and accouterments with their compa- 
 nies. In no event shall ammunition be taken into the hospital. (Par. 1438, ibid.) 
 
 When a soldier in hospital is detached from hi* company, his company commander 
 will send to the hospital his descriptive list. The surgeon in charge will enter 
 thereon all payments, stoppages, and the money value of all clothing issued, and 
 when the soldier leaves the hospital will return the list to the compnny commander. 
 If the soldier is discharged from the service while in hospital, the surgeon will fur- 
 Dish him with final statements and notify the Adjutant-General of the Army and 
 the company commander of the date, place, and cause of discharge. If the soldier 
 die in hospital, the surgeon will take charge of his effects and make the report? 
 required in paragraph 158. (Par. 1439, ibid.) 
 
 Sick or wounded soldiers, discharged while in the hospital, will be entitled to med- 
 ical treatment in hospital, and to the usual ration during disability, or for the period 
 considered proper for them to remain under treatment, but a discharged soldier who 
 has left the hospital will not be readmitted except upon the written order of the com- 
 manding officer. (Par. 1440, ibid.) 
 
 Tents, clothing, hospital furniture, and other stores used in the treatment of con- 
 tagious diseases, will be disinfected or burned under the supervision of a medical 
 officer. (Par. 1441, ibid.) 
 
 The Secretary of War may, on the recommendation of tho Surgeon-General, order 
 gratuitous issuea of clothing to soldiers who have had contagious diseases, and to 
 hospital attendants who have nursed them, to replace articles destroyed by order of 
 the proper medical officer to prevent contagion. (Par. 1442, ibid.) 
 
 Medical officers In charge of hospital propertv will not permit it to be used for 
 other than hospital purposes. (Par. 1443, ibid.) " 
 
 Under the act of March 2, 1889 (25 Stat. L , 831), the annual appropriations for the 
 "Construction and repair of hospitals" are available for expenditure upon the Army 
 and Navy Hospital at Hot Springs, Ark. (3 Dig. Compt. DRC., 33.) 
 
 Where Congress has made a specific appropriation, to be expended under the direc 
 
THE MILITARY LAWS OF THE UNITED STATES. 249 
 
 prescribed by a medical officer of the Ariny, at cost, with 
 ten per centum added. 1 Act of March 3, 1883 (22 Stat L., 
 459). 
 
 PURCHASES OF MEDICAL SUPPLIES. 
 
 694. That hereafter so much of section thirty-seven hun- Purchases 
 
 j i T- T fM without adver- 
 
 dred and nine. Kevised Statutes, as requires advertise- tisement. 
 
 , , _ . ._ _ . Feb. 27, 1893, v. 
 
 ment before purchase shall not apply to the purchase ot 27, p. 485. 
 medicines and medical supplies. 2 Act of February 27, 1893 
 (27 Stat. L.j 485). 
 
 tion of the Secretary of War, for "the erection of the necessary and suitable build" 
 ings " at a military post, the appropriation is available for the erection of a suitable 
 hospital building if, in the judgment of the Secretary of War, such a building is 
 necessary at that post. Where Congress has made provision for the construction of 
 buildings at and the enlargement of such buildings as, "in the judgment of the Sec- 
 retary of War, may be necessary," the appropriation for that purpose may be used, 
 at the discretion of the Secretary of War, in continuing building operations at the 
 particular military post not specially provided for. (3 Ibid. 217.) 
 
 Civilian employees at military posts may purchase the medical supplies pre- 
 scribed for them by a medical officer, at cost price, with 10 per cent added. Medical 
 officers who dispense medical supplies to civilian employees will render direct to 
 the Surgeon-General, on the first day of every month, detailed accounts in duplicate, 
 giving the name of each employee, the kind and quantity of medical supplies fur- 
 nished him, and by whom prescribed, during the preceding month, leaving a space 
 between items for the insertion of the price, which will be fixed at the Surgeon- 
 General's Office. One copy will be returned to the officer furnishing the supplies, 
 and the amounts inserted will be collected by the officer accountable for them, and be 
 disposed of in the same manner as proceeds of other sales of medical property. At 
 isolated posts where issues to civilians become necessary to save life or prevent ex- 
 treme suffering, medical officers will make such issues, and at the end of each month 
 report the circumstances to the Surgeon-General. Original prescriptions will be re- 
 tained as a part of the hospital records, and will be subject to examination at all 
 times by inspectors and post commanders. (Par. 1444, A. R., 1895.) 
 
 2 For general provisions in respect to the procurement of supplies see the chapter 
 entitled CONTRACTS AND PURCHASES. For special authority to sell unserviceable 
 medical and hospital stores and other property, except liquors, see the act of August 
 G, 1894 (28 Stat L., 241). 
 
 The employment of civilians iu the Medical Department is regulated by the annual 
 acts of appropriation. The amount available for that purpose was fixed in the act 
 of March 3, 1883, at $34,000; in those of July 5, 1884, March 3, 1885, June 30, 1886, 
 and February 9, 1887, at $36,000; in that of September 22, 1888, at $42,000; in those 
 of March 2, 1889, June 13, 1890, February 24, 1891, and July 16, 1892, at $45,000: in 
 those of February 27, 1893, August 6, 1894, February 12. 1895, and March 16, 1896, at 
 $40,000. 
 
XXI. 
 
 THE ENGINEER DEPARTMENT. 
 
 THE CORPS OF ENGINEERS. 
 
 Par. 
 
 695. The Corps of Engineers; or- 
 
 ganization. 
 
 696. Disbursements. 
 
 697. Engineers; limits of duty. 
 
 698. Examinations for promotion. 
 
 699. Promotion of lieutenants after 
 
 fourteen years' service. 
 
 700. Examination of engineer or 
 
 ordnance officers who have 
 served during the rebellion. 
 
 701. Engineer battalion. 
 
 702. Engineer company. 
 
 703. Officers of battalion. 
 
 704. Duties of engineer soldiers. 
 
 705. Chief Engineer to determine 
 
 form, number, etc., of pon- 
 toons, tools, etc. 
 
 706. Details for signal duty. 
 
 Par. 
 
 707. Mileage of engineer officers 
 
 on land-grant roads, etc. 
 
 708. Employment of civil engi- 
 
 neers. 
 
 709. Names to be reported to Con- 
 
 gress. 
 
 710. Draftsmen, etc., in office of 
 
 Chief of Engineers. 
 
 711. Chief of Engineers may use 
 
 books in Library of Con- 
 gress. 
 
 712. Secretary of War to furnish 
 
 annual estimates for river 
 and harbor works on or 
 before October 1. 
 
 713. Annual report of Chief of 
 
 Engineers. 
 
 The Corps of 
 Engineers. 
 
 Jiily 28, 1806, c. 
 29'J, s. 19, v. 14, p. 
 335; Mar. 3, 1869, 
 c. 124, s. 6, v. 15, 
 p. 318; June 10, 
 1872, c. 426, v. 17, 
 p. 382. 
 
 Sec. 1151, R.S. 
 
 Disbursements. 
 
 July 5. 1838, c. 
 
 162. s. 27, v. 5, p. 
 
 260; July?, 1838, 
 
 c. 194. v. '5, p. 308. 
 
 Sec. 1153, B.S. 
 
 695. The Corps of Engineers shall consist of one Chief of 
 Engineers, with the rank of brigadier-general, six colonels, 
 twelve lieutenant-colonels, twenty-four majors, thirty cap- 
 tains, twenty-six first lieutenants, and ten second lieuten- 
 ants, and the battalion. 1 
 
 696. It shall be the duty of the engineer superintending 
 the construction of a fortification, or engaged about the 
 execution of any other public work, to disburse the moneys 
 applicable to the same; but no compensation shall be 
 allowed him for such disbursement. 2 
 
 1 Tho act of June 10, 1872, prohibiting promotions above the grade of Colonel in the 
 Engineer Corps was repealed by the act of June 30, 1879 (21 Stat, L., 45). 
 
 The duties of the Corps of Engineers comprise reconnoitering and surveying for 
 military purposes; selection of sites and formation of plans and estimates lor mili- 
 tary defenses ; construction and repair of fortifications and their accessories; plan- 
 ning and superintending of defensive or offensive works of troops in the field : exam- 
 ination of routes of communications for supplies, and for military movements and 
 construction of military roads and bridges; execution of river and harbor improve- 
 ments assigned to it, and such other duties as the President may order. It collects, 
 arranges, and preserves all correspondence, reports, memoirs, estimates, plans, draw- 
 ings, deeds, and titles relating to the Washington Aqueduct and public buildings 
 and grounds in the District of Columbia, and models which concern or relate in any 
 wise to th. several duties above enumerated. (Par. 1472, A. K., 1890.) 
 
 * See, also, note 1 to paragraph 792, post. 
 
THE MILITARY LAWS OF THE UNITED STATES. 251 
 
 697. Engineers shall not assume nor be ordered on any "Engineers; 
 
 J limits of duty. 
 
 duty beyond the line of their immediate profession, except 20 ^P[- J.J ^*- c - 
 by the special order of the President. They may, at these?, 
 discretion of the President, be transferred from one corps 
 to another, regard being paid to rank. 
 
 EXAMINATIONS FOB PROMOTION. 
 
 698. No officer of the Corps of Engineers below the rank Examinations 
 of field-officer shall be promoted to a higher grade, until ifer. s, IMM. 
 he shall have been examined and approved by a board of ?43. s ' v 
 three engineers, senior to him in rank. If an engineer 
 
 officer fail on such examination he shall be suspended from 
 promotion for one year, when he shall be re-examined before 
 a like board. In case of failure on such re-examination, 
 he shall be dismissed from the service. 1 
 
 699. When any lieutenant of the Corps of Engineers [or Promotion of 
 
 lieutenants after 
 
 Ordnance Corps] has served fourteen years' continuous fourteen years' 
 service as lieutenant, he shall be promoted to the rank of Mar. '3, isss, c. 
 captain on passing the examination provided by the pre-2i9 ; 8 Mar.3,i86?, 
 ceding section, but such promotion shall not authorize an pV?^*' Feb V '27,' 
 appointment to fill any vacancy, when such appointmenti?3 7 ' c ' 69 ' v ' 19 ' p ' 
 would increase the whole number of officers in the corps Sec - 1207 R - s < 
 beyond the number fixed by law ; nor shall any officer be 
 promoted before officers of the same grade who rank him 
 in his corps. 
 
 700. That the examination of officers of the Corps of 
 Engineers and Ordnance Department who were officers 
 
 enlisted men in the regular or volunteer service, either in ingtne rebellion. 
 
 Subjects. 
 
 the Army, Navy, or the Marine Corps, during the war of See.2, July 27, 
 the rebellion, shall be conducted by boards composed in the 
 same manner as for the examination of other officers of 
 their respective corps and department; and the examina- 
 tions shall embrace the same subjects prescribed for all 
 other officers of similar grades in the Corps of Engineers 
 and Ordnance Department, respectively. Sec. 2, act of 
 July 27, 1892 (27 Stat. L., 276}. 
 
 THE BATTALION OF ENGINEERS. 
 
 701. The battalion of engineers shall consist of the five ta j?f neer bat ' 
 companies of engineers now existing, one sergeant-major, gj" 1 ^ 1 * 66 ^- 
 and one quarter master- sergeant, who shall also be cornmis- p. 335 j June'^oi 
 sary-sergeant. 13 - P- 144 ; Au s- 3> 
 
 J 1861, e.42, s.4,v. 
 
 12, p. 287; Aug. 
 
 J Promotions to the grade of colonel in this Department are made by seniority, sub- 6, 1861, c. 57, s. 2, 
 ject to the examinations required by section 1206, Revised Statutes, and the acts of v. 12, p. 318 ; May 
 October 1, 1890 (26 Stat. L., 562), and July 27, 1892 (27 Stat, L., 276). For general pro- 15, 1846 c. 21, s. 1, 
 visions respecting appointments and promotions see the chapter entitled THE STAFF v. 9, p. 12. 
 DEPARTMENTS. Sec - 1154 - B - S ' 
 
252 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Engineer com- 7Q2. Each company of engineer soldiers shall consist of 
 
 Aug. 3, i86i, c. ten sergeants, ten corporals, two musicians, and as many 
 
 287 T July is, mo,' privates of the first class, not exceeding sixty-four, and as 
 
 c. 294, s. 2, v. 16, p. 1 ,. . ' 
 
 317. many privates of the second class, not exceed ing sixty-four, 
 
 S " as the President may direct, and shall be recruited in the 
 same manner, and with the same limitation, and shall be 
 entitled to the same provisions, allowances, and benefits, in 
 every respect, as are allowed to other troops constituting 
 the present military peace establishment. 
 
 officers of bat- 703. A battalion -adjutant, a battalion-quartermaster, and 
 
 appropriate officers to command the companies and bat- 
 
 299, U s y 29,'v.i4,Vtalion of engineer soldiers, shall be detailed from the Corps 
 
 335; May 15,1840. 
 
 c.2i, 8 . 4, v. 9, p. of Engineers. 
 
 13; Aug. 3, 1861, 
 
 c.42,s.4,v. 12, p. 287; Aug. 6, 1861, c. 57, 8.2, v. 12, p. 317. Sec. 1156, R. S. 
 
 Duties of engi 704. The enlisted men of the engineer battalion shall be 
 
 neer soldiers. 
 
 May 15, 1840, c. instructed in and perform the duties of sappers, miners, 
 
 Aug. 3', i86i,c.42,' and poutoniers, and shall aid in giving practical instruction 
 
 Augjs, i86i!c.57,' in those branches at the Military Academy. They may be 
 
 MaA 1863, c. 78,' detailed by the Chief of Engineers to oversee and aid 
 
 8 'se<r,'ii67',R.s. laborers upon fortifications and other works in charge of 
 
 the Engineer Corps, and, as fort keepers, to protect and 
 
 repair finished fortifications. 
 
 chiefEngineer 705. The Chief of Engineers is authorized, with the ap- 
 form, number, pro val of the Secretary of War, to regulate and determine 
 
 etc., of pontoons, , , _. 
 
 tools, etc. the number, quality, form, and dimensions of the necessary 
 May 15, 1846, c. vehicles, pontoons, tools, implements, arms, and other sup- 
 Aug. aj'isfi, c. plies for the use of the battalion of engineer soldiers. 
 
 42 s. 4, v. 12, p. 
 
 287; Aug. G, 1861, c.57, s. 2, v. 12, p. 317; July 28, 
 
 1866, c. 299, s. 20, v. 14, p. 335. Sec. 1152, K. S. 
 
 Details for sig- 706, The Secretary of War may detail six officers from 
 
 nal duty. 
 
 July 28, 1866, c. the Corps of Engineers, and anv number of non-commis- 
 
 299 s 2 9 v 14 T) 
 
 335'; Jufy24,i8'76,'sioned officers and privates not exceeding one hundred, 
 
 c 'secai96',B.s.' from the battalion of engineers, for the performance of 
 
 signal-duty; but no officer or enlisted man shall be so de- 
 
 tailed until he shall have been examined and approved by 
 
 a military board convened by the Secretary of War. 1 
 
 MISCELLANEOUS PROVISIONS. 
 
 707 ' That in determining the mileage of officers of the 
 Corps of Engineers traveling without troops on duty con- 
 
 96' 456' s liec ^ e( l with works under their charge, no deduction shall 
 be made for such travel as may be necessary on free or 
 
 1 Section 2 of the act of October 1, JS90 (26 Stat. L , 9, 653), provides that all duties 
 pertaining to the Signal Service .shall be performed by the officers and men of the 
 Signal Corps created by that statute. 
 
THE MILITARY LAWS OF THE UNITED STATES. 253 
 
 bond-aided or laud-grant railways. 1 Sec. 15, act of Sep- 
 tember 16, 1890 (26 Stat. L., 456). 
 
 708. The Chief of Engineers may. with the approval of .Employment of 
 
 civil engineers. 
 
 the Secretary of War, employ such civil engineers, not Mar. 20, we?, 
 exceeding five in number, for the purpose of executing the^s.' 
 surveys and improvements of western and northwestern 
 rivers, ordered by Congress, as may be necessary to the 
 proper and diligent prosecution of the same; and the per- 
 sons so employed may be allowed a reasonable compensa- 
 tion for their services, not to exceed the sum of three 
 thousand dollars a year. 
 
 709. That the Secretary of War shall report to Congress, Names to be re- 
 at its next and each succeeding' session thereof, the n am egress, etc. 
 
 , , r. i * i -T i j An S- 5, 1886, s. 
 
 and place of residence ot each civilian engineer employ eds.v. 24, P . 335. 
 in the work of improving rivers and harbors by means 
 and as the result of appropriations made in this and suc- 
 ceeding river and harbor appropriation bills, the time so 
 employed, the compensation paid, and the place at and 
 work on which employed. 2 Sec. 8, act of August 5, 1886 (24 
 Stat. L., 335). See ((ho paragraphs 79 and 80 ante. 
 
 710. And the services of skilled draftsmen, civil engi- . Draftsmen.etp., 
 
 'in office of Chief 
 
 ueers, and such other services as the secretary ot War may of Engineers. 
 
 i A i j-i fc. f j-u May 28, 1896, v. 
 
 deem necessary, may be employed only in the office of the29, P .i63. 
 Chief of Engineers to carry into effect the various appro- 
 priations for rivers and harbors, fortifications, and surveysto 
 be paid from such appropriations : Provided, That * * * 
 the Secretary of War shall each year, in the annual esti- 
 mates, report to Congress the number of persons so em- 
 ployed and the amount paid to each. 3 Act of May 28, 1896 
 (29 Stat. L., 163). 
 
 1 The mileage allowance of officers of the Corps* of Engineers when traveling on clutv 
 connected with river and harbor improvements, being an expense necessarily inci- 
 dental to and incurred on account of such work, is properly payable from the appro- 
 priations therefor and not from the appropriation "Pay of the Army," at the special 
 rates prescribed by army acts for mileage payable from said appropriation. 3 Dig. 
 Compt. Dec., 207. 
 
 Officers of the Corps of Engineers, or those on engineer duty, traveling on service 
 connected with fortifications or works of public improvement, will be paid their 
 travel allowances from the special appropriations for the work. "When traveling on 
 any other duty, the mileage will be paid by that branch of the service intrusted with 
 such payments for the Army. (Par. 1487, A. R., 1895.) 
 
 An Army officer traveling on a Government steamer, without incurring any per- 
 sonal expense for subsistence, is not entitled to the mileage at 4 cents y.er milo 
 allowed by the act of August 6 ; 1894 (28 Stat. L., 237), said mileage being intended as a 
 commutation of all expenses (excepting actual cost of transportation), when such 
 expenses are incurred. 1 Compt. Dec., 122. 
 
 ^Section 7 of the act of June 3, 1896 (29 Stat. L., 235), contains the provision that 
 section 2 of the act of July 31, 1894 (28 Stat. L., 205), "shall not be so construed as 
 to prevent the employment of any retired officer of the Army or NaA 7 y to do work 
 under the direction of the Chief of Engineers of the United States Army in con- 
 nection with the improvement of rivers and harbors of the United States or tho 
 payment by the proper officer of the Treasury of any amounts agreed upon as 
 compensation for such employment." 
 
 3 The acts of August 5, 1882 (22 Stat. L., 240), and March 3, 1883 (22 Stat. L., 552), 
 contained a similar provision, the amount in each case being fixed at $75,000. For 
 continuation of the same provision see the act of July 7,. 1884 (23 Stat, L., 181) in 
 which tho amount appropriated was fixed at $56,000; tho acts of March 3, 1885 (23 
 Stat. L., 412), July 31, 1886 (24 Stat. L., 195), March 3, 1887 (24 Stat. L., 617), July 11, 
 
254 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 cwef of Engi- 7H, That tlie Joint Committee of Congress 011 the Li- 
 
 neers may use 
 
 books in Library brary be authorized to extend the use of the books 111 the 
 
 88o,j. Library of Congress to the members and secretary of the 
 Interstate Commerce Commission, and the Chief of Engi- 
 neers of the Corps of Engineers United States Army, resi- 
 dent in Washington, on the same conditions and restrictions 
 as Members of Congress are allowed to use the Library. 
 J. R., No. 41, August 28, 1890 (26 Stat. L., 678). 
 secretary of 712. Hereafter the Secretary of War shall furnish to the 
 
 "War to furnish 
 
 annual estimates Secretary of the Treasury, on or before the first day of October 
 
 for river and har- 
 bor works on or of each year, estimates of all appropriations required for 
 
 before Oct. 1. . , ' , - , , 
 
 Mar. 3, 1893, v. river and harbor improvements for the next fiscal year to 
 
 be included in the Book of Estimates prepared by law under 
 
 his direction. Act of March 3, 1893 (27 Stat. L., 603). 
 
 f A cSVf ep En- 713, That the Secretary of War shall cause the rnanu- 
 
 gi sec r 8 A U 11 scr ipt f the annual report of the Chief of Engineers and 
 
 less, v. 25, p. 424'. subordinate engineers, relating to the improvement of rivers 
 
 and harbors, and the report of the Mississippi and Missouri 
 
 Biver Commissions to be placed in the hands of the Public 
 
 Printer on or before the fifteenth day of October in each 
 
 year, and the Public Printer shall cause said reports to be 
 
 printed with an accurate and comprehensive index thereof, 
 
 on or before the first Monday in December 111 each year, for 
 
 the use of Congress. Sec. 8, act of August 11, 1888 (25 Stat. 
 
 L., 424). 
 
 THE PUBLIC BUILDINGS AND GROUNDS THE LIGHT- 
 HOUSE BOARD THE COMMISSIONERS OF THE DISTRICT 
 OF COLUMBIA. 
 
 Par. 
 
 714. Chief of Engineers to have 
 
 charge of public buildings 
 and grounds. 
 
 715. Estimates and appropria- 
 
 tions. 
 
 716. Employees on public build- 
 
 Par. 
 
 717. What trees, plants, etc., to be 
 
 propagated. 
 
 718. Reports. 
 
 719. Annual statement of public 
 
 property. 
 
 720. Extra pay prohibited. 
 
 nee!-H et to f h E a n fo 714> Tne Cnief of> Engineers shall have charge of the 
 charge of public public buildings and erounds in the District of Columbia. 
 
 buildings and ' 
 
 grounds. under such regulations as may be prescribed by the Presi- 
 
 1888 (25 Stat. L., 280), February 26, 1889 (25 Stat. L., 730), July 11, 1890 (26 Stat. L., 
 252), March 3, 1891 (26 Stat. L., 932), July 16, 1892 (27 Stat. L., 208), and March 3, 1893 
 (27 Stat. L., 699), in which the amount appropriated was fixed at $60, 000: July 31, 1894 
 (28 Stat. L., 188), March 2, 1895 (28 Stat. L., 789), and May 28, 18.96 (29 Stat.'L., 163), 
 in which the amount appropriated was fixed at $72,000. 
 
 The cost of services and articles needed in the office of the Chief of Engineers is 
 not properly chargeable to any appropriation for river and harbor improvements, or 
 for fortifications, or to any other appropriation for the military establishment, 
 unless expressly authorized by law. 3 Dig. Corupt. Dec., 321. 
 
THE MILITARY LAWS OF THE UNITED STATES. 255 
 
 dent through the War Department, except those buildings 24 ^g g i|'v 8 5J' c> 
 and grounds which are otherwise provided for by law. 1 573'; Mar. 2,1867,' 
 
 c. 167, s. 2, v. 14, 
 p. 466. Sec. 1797, B.S. 
 
 715. All estimates for public buildings and grounds in Estimates and 
 
 appropriations. 
 
 charge of the Chief of Engineers shall be approved aud^^M* 185 *.- 
 submitted by the Secretary of War, through the Treasury w|- ' ' 
 Department, as other estimates, to the two Houses of Con- 
 gress; aad all appropriations which have been or may be 
 hereafter made for repairs or improvements of the public 
 buildings and grounds in the District of Columbia, and 
 now in charge of the Chief of Engineers, shall be expended 
 under the direction of the Secretary of War. (See par. 48 
 ante.) 
 
 716. The Chief of Engineers in charge of public build- Employees in 
 
 office of public 
 
 ings and grounds is authorized to employ in his office and buildings. 
 about the public buildings and grounds under his control us, "'i/v. 16,'p! 
 such number of per sons for such employments, and at such c. 140, sT, v! 17. p'. 
 rates of compensation, as may be appropriated for by Con- SfiifvJ'ift. 1 ??' 
 gress from year to year. 2 ***' 1799 ' B ' s ' 
 
 717. That hereafter only such trees, shrubs, and plants What trees, 
 
 . . . , L -, L i i plants, etc., to be 
 
 shall be propagated at the greenhouses and nursery as are propagated. 
 suitable for planting in the public reservations, to which v. 2op. 220. 
 purpose only the said productions of the greenhouses and 
 nursery shall be applied. Act of June 20, 1878 (20 Stat. 
 L., 220). 
 
 718. The Chief of Engineers shall, as Superintendent of M e a p r or 3 t8 i 829 c 
 Public Buildings and Grounds, and as Superintendent ^ 3 'J-'^/ 6 J' 
 of the Washington Aqueduct, annually submit the follow- 242, s. 15, v. 16, P ! 
 ing reports to the Secretary of War in time to accompany c. 84 
 
 the annual message of the President to Congress, namely: iM 
 
 First. A report of his operations for the preceding year, &. 1812,8.8. 
 with an account of the manner in which all appropriations 
 for public buildings and grounds have been applied, in- 
 cluding a statement of the number of public lots sold, or 
 remaining unsold each year, of the condition of the public 
 buildings and grounds, and of the measures necessary to 
 betaken for the care and preservation of all public property 
 under his charge. 
 
 'The act of August 14, 1876, transferred the duties relating to the care and 
 superintendence ot the Capitol building to the Architect of the Capitol, by the 
 following provision: "That the Architect of the Capitol shall have the care and 
 superintendence of the Capitol, including lighting, and shall submit through the 
 Secretary of the Interior, estimates thereof: And provided further, That all the 
 duties relative to the Capitol building heretofore performed by the Commissioner of 
 Public Buildings and Grounds, shall hereafter be performed by the Architect of the 
 Capitol, whose office shall be in the Capitol building." The act of March 3, 1877, 
 contained the following provision on the same subject : ' ' The Architect of the Capitol 
 shall hereafter have the care and superintendence of the Capitol, including light- 
 ing, and shall submit through the Secretary of the Interior, annually, estimates 
 thereof." 
 
 2 The officer in charge of the public buildings and grounds shall have the rank, 
 pay, and emolument of a colonel. Act of March 3, 1873 (17 Stat. L., 535). 
 
256 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Second. A report of the condition, progress, repairs, 
 casualties, and expenditures of the Washington Aqueduct 
 and other public works under his charge. 
 
 Annual 8 tate- 719. it shall be the duty of the officer or officers having 
 
 property. P lc in charge the property of the United States in and about 
 
 287, v n i7%! 8 22o.^ the Capitol, the President's House, and the Botanical 
 
 Sec>1832 ' K>St Garden^ to furnish an annual statement to the Architect 
 
 of the Capitol Extension, by the first day of December, 
 
 setting forth the public property in all the buildings, rooms, 
 
 and grounds under their charge, purchased during each 
 
 year, and an account of the disposition of such property 
 
 during the same period, whether by sale or otherwise. 1 
 
 .Extra pay pro- 720. No pay or compensation other than is fixed by this 
 
 July 12, mo, n. Title shall be allowed to any officer, employe, or laborer 
 
 251, s. 4, v. 16, p. . . 
 
 250, embraced within the provisions thereof. 
 
 Sec. 1835, 11. S. 
 
 THE LIGrHT-HOUSE BOARD THE ENGINEER COMMIS- 
 SIONER OF THE DISTRICT OF COLUMBIA. 
 
 Par. 
 
 721. The Light-House Board. 
 
 722. Superintendents of construc- 
 
 Par. 
 
 727. May be selected from cap- 
 tains. 
 
 tion of light-houses. 728. Assistants to Engineer Com- 
 
 723. Light-house inspectors. missioiier. 
 
 724. Engineer Commissioner, Dis- 729. Three authorized. 
 
 trict of Columbia. 
 
 725. Duties. 
 
 726. Compensation. 
 
 730. Estimates. 
 
 731. Powers of Commissioners. 
 
 i ' 721> The Presideut SQa U appoint two officers of the Navy, 
 y io 2>< T ^ ki^k ran k> two officers of the Corps of Engineers of the 
 us. ' ' Army, and two civilians of high scientific attainments, 
 ' whose services may be at the disposal of the President, 
 together with an officer of the Navy and an officer of en- 
 gineers of the Army, as secretaries, who shall constitute 
 the Light-House Board. 
 en S ta ?! construe" 722f The President shall cause to be detailed from the 
 
 Corps of tho Army, from time to time, such offi- 
 cers as m ^ ^ e necessarv to superintend the construction 
 Sec. 4664, R.S.' and renovation of light-houses. 
 8p^cfors h u8ein 723 ' An officer of the Arm y or Na vy shall be assigned 
 8 .f2 U v.i 3 o!'p. 1 i2o: to eacu district as a light-house inspector, subject to the 
 'sec. 4671, R.S.' orders of the Light-House Board; and shall receive for 
 such service the same pay and emoluments that he would 
 be entitled to by law for the performance of duty in the 
 regular line of his profession, and no other, except the 
 legal allowance per mile, when traveling under orders con- 
 nected with his duties. 
 
 1 See note to par. 714, supra. 
 
THE MILITARY LAWS OF THE UNITED STATES. 257 
 
 ENGINEER COMMISSIONER, DISTRICT OF COLUMBIA. 
 
 724. That the President of the United States shall detail 
 
 an officer of the Engineer Corps of the Army of the United tnct of 
 States, who shall, subject to the general supervision and engineers, 
 direction of the said Board of Commissioners, have the con- v. is, p.m. 
 trol and charge of the work of repair and improvement of all 
 streets, avenues, alleys, sewers, roads, and bridges of the 
 District of Columbia; and he is hereby vested with all the 
 power and authority of, and shall perform the duties here- 
 tofore devolved upon, the chief engineer of the board of 
 public works. He shall take possession of, and preserve 
 and keep, all the instruments pertaining to said office, and 
 all the maps, charts, surveys, books, records, and papers 
 relating to said District, or to any of the avenues, streets, 
 alleys, public spaces, squares, lots and buildings thereon, 
 sewers, or any of them, as are now in or belonging to the 
 office of said engineer of the board of public works, and 
 shall, in books provided for that purpose, keep and pre- 
 serve the records now required to be kept, and such as may 
 be required by regulations of said board. He may, with 
 the advice and consent of said Board of Commissioners, 
 appoint not more than two assistant engineers from civil 
 life, who shall each receive a salary of one thousand eight 
 hundred dollars per annum, and shall be subject to his 
 direction and control. He shall receive no additional com- Engineer-not to 
 
 receive addition- 
 
 pensation for such services. 1 And he shall not be deemed aimpensation^ 
 by reason of anything in this act contained to hold a civil deemed to hold a 
 office under the laws of the United States. And no salary C1 NO salary to be 
 
 .. iii-i -i j r> ,1 -i-w paid to surveyor 
 
 or compensation shall be paid to the surveyor of the Dis- except, etc. ' 
 trict, or any of his subordinates, except such fees for spe- 
 cial services as are allowed by law. And the offices of office of assist- 
 
 _ , ant surveyors 
 
 assistant surveyor and additional assistant surveyor of the abolished. * 
 District of Columbia are hereby abolished. Sec. 3, act of 
 June, 20 1874. 
 
 725. That within twenty days after the approval of this Commissioners. 
 act the President of the United States, by and with the2o )P .io3.' 
 advice and consent of the Senate, is hereby authorized to 
 
 appoint two persons, who, with an officer of the Corps of 
 Engineers of the United States Army, whose lineal rank 
 shall be above that of captain, shall be Commissioners of 
 the District of Columbia, and who, from and after July first, 
 eighteen hundred and seventy-eight, shall exercise all the 
 powers and authority now vested in the Commissioners of 
 said District, except as are hereinafter limited or provided, 
 
 1 But see paragraph 726 post for compensation of Engineer Commissioner. 
 
 1919 17 
 
258 THE MILITARY LAWS OF THE UNITED STATES. 
 
 and shall be subject to all restrictions and limitations and 
 duties which are now imposed upon said Commissioners. 
 The Commissioner who shall be an officer detailed, from 
 time to time, from the Corps of Engineers, by the Presi- 
 dent, for this duty, shall not be required to perform any 
 other, nor shall he receive any other compensation than his 
 regular pay and allowances as an officer of the Army. 1 The 
 two persons appointed from civil life shall, at the time of 
 their appointment, be citizens of the United States, and 
 shall have been actual residents of the District of Columbia 
 for three years next before their appointment, and have, 
 during that period, claimed residence nowhere else, and 
 one of said three Commissioners shall be chosen president 
 of the Board of Commissioners at their first meeting, and 
 annually and whenever a vacancy shall occur, thereafter ; 
 and said Commissioners shall each of them, before entering 
 upon the discharge of his duties, take an oath or affirma- 
 tion to support the Constitution of the United States, and 
 to faithfully discharge the duties imposed upon him by law; 
 and said Commissioners appointed from civil life shall each 
 
 Salary. receive for his services a compensation at the rate of five 
 
 thousand dollars per annum, and shall, before entering 
 upon the duties of the office, each give bond in the sum of 
 fifty thousand dollars, with surety as is required by exist- 
 ing law. The official term of said Commissioners appointed 
 from civil life shall be three years, and until their succes 
 sors are appointed and qualified ; but the first appointment 
 shall be one Commissioner for one year and one for two 
 years, and at the expiration of their respective terms their 
 successors shall be appointed for three years. Neither of 
 said Commissioners, nor any officer whatsoever of the Dis- 
 trict of Columbia, shall be accepted as surety upon any bond 
 required to be given to the District of Columbia ; nor shall 
 any contractor be accepted as surety for any officer or other 
 contractor in said District. Sec. 2, act of June 11, 1878 
 (20 Stat. L., 103). 
 
 Compensation 726. Hereafter the Engineer Commissioner shall be enti- 
 
 of Engineer-Corn- ^ -,-,.,. , 
 
 missioner. tied to receive such compensation, in addition to his Army 
 
 Mar. 3, 1881, v. . . , 
 
 21, p. 460. pay and allowances, as will make his compensation equal 
 
 to five thousand dollars per annum, and a sum sufficient to 
 pay said additional compensation is hereby appropriated. 2 
 Act of March 5, 1881 (21 Stat. L., 460). 
 
 J Bnt see paragraph 726 post for compensation of Engineer Commissioner. 
 
 'The act of December 24, 1890 (26 Stat. L., 1113), contains the requirement that in 
 the event of the absence or disability of the Engineer Commissioner the duties 
 pertaining to his office shall be performed by the senior assistant detailed from the 
 Corps of Engineers. 
 
THE MILITARY LAWS OF THE UNITED STATES. 259 
 
 727. Hereafter such Engineer Commissioner may, in the o ^y t>e p- 
 discretion of the President of the United States, be detailed captains. 
 from among the captains or officers of higher grade hav- 24, mo, v . 26, p! 
 ing served at least fifteen years in the Corps of Engineers 
 
 of the Army of the United States. Joint resolution No. 7, 
 December 24, 1890 (26 Stat. L., 1113). 
 
 728. The President of the United States may detail from En gineer com- 
 
 ruissioner. 
 
 the Engineer Corps of the Army not more than two offi- Juneii,i878,v. 
 cers, of rank subordinate to that of the engineer officer 
 belonging to the Board of Commissioners of said District, 
 to act .as assistants to said Engineer Commissioner, in the 
 discharge of the special duties imposed upon him by the 
 provisions of this act. 1 Sec. 5, act of June 11, 1878 (20 Stat. 
 L., 107). 
 
 729. The President of the United States may detail from iz ^ hree author - 
 the Engineer Corps of the Army not more than three offi- Aug.?, i894,v. 
 cers, juniors to the engineer officer belonging to the Board 
 
 of Commissioners of said District, to act as assistants to 
 said Engineer Commissioner in the discharge of the special 
 duties imposed upon him by the provisions of this act. 2 
 Act of August 7, 1894 (28 Stat. L., 246). 
 
 730. The said Commissioners shall submit to the Sec- junen te i 8 878 v 
 retary of the Treasury for the fiscal year ending June 20 ' pl04> 
 thirtieth, eighteen hundred and seventy -nine, and annually 
 thereafter, for his examination and approval, a statement 
 showing in detail the work proposed to be undertaken by 
 
 them during the fiscal year next ensuing, and the estimated 
 cost thereof; also the cost of constructing, repairing, and 
 maintaining all bridges authorized by law across the 
 Potomac Eiver within the District of Columbia, and also 
 all other streams in said District; the cost of maintaining 
 all public institutions of charity, reformatories, and prisons 
 belonging to or controlled wholly or in part by the Dis- 
 trict of Columbia, and which are now by law supported 
 wholly or in part by the United States or District of Colum- 
 bia; and also the expenses of the Washington Aqueduct 
 and its appurtenances ; and also an itemized statement and 
 estimate of the amount necessary to defray the expenses 
 of the government of the District of Columbia for the 
 next fiscal year: Provided, That nothing herein contained 
 shall be construed as transferring from the United States 
 authorities any of the public works within the District of 
 Columbia now in the control or supervision of said authori- 
 ties. Act of June 11, 1878 (20 Stat. L., 104). 
 
 'Modified by act of August 7, 1894. See next paragraph. 
 
 8 This statute replaces the provision contained in section 5, act of June 11, 1878 
 (20 Stat. L., 107), which authorized the detail of two officers of engineers, junior in 
 rank to the Engineer Commissioner, as assistants to that officer. 
 
260 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Powers of Dis- 73!. That the Commissioners of the District of Colum- 
 8ionersLimita-bia shall have all the powers and be subject to all the 
 tx j n une 10, mo, v. duties and limitations provided in chapter eight of the 
 21lP ' 9 ' Eevised Statutes of the United States relating to the Dis- 
 
 trict of Columbia, excepting such powers and duties as 
 belong to the Chief of Engineers: 1 Provided, That water- 
 main taxes and water rents shall be uniform in said Dis- 
 trict. Act of June 10, 1879 (21 Stat. L., 9). 
 
 THE WASHINGTON AQUEDUCT. 
 
 Par. 
 
 732. Chief of Engineers to have 
 
 charge of the Washington 
 Aqueduct. 
 
 733. Regulations to be prescribed 
 
 by President. 
 
 734. Appropriations; how ex- 
 
 pended. 
 
 735. Unauthorized opening of 
 
 pipes; penalty. 
 
 736. Willful breaking, etc. ; pen- 
 
 alty. 
 
 737. Maliciously making water 
 
 impure. 
 
 738. Pipes for use in public build- 
 
 ings. 
 
 Par. 
 
 739. Chief of Engineers not to re- 
 
 cede compensation. 
 
 740. Apartments, stationery, etc. 
 
 741 . Record of property to be kept. 
 
 742. Chief of Engineers to regu- 
 
 late water supply. 
 
 743. Right of appeal to Secretary 
 
 of War from decision of 
 Chief of Engineers. 
 
 744. Use of water in public build- 
 
 ings. 
 
 745. Diversion of water prohib- 
 
 ited. 
 
 Chief of ^Engi- 732. The Chief of Engineers shall have the immediate 
 charge of Wash- superintendence of the Washington Aqueduct, together with 
 e all rights, appurtenances, and fixtures connected with the 
 84 M s ar i, 3 v. 1 ii?'p'. same, and belonging to the United States, and of all other 
 flii, s n i e , 2 v 5 'i2?p. public works and improvements in the District of Colum- 
 Jfi67^ a 2 v ifp' k* a i n which the Government has an interest, and which 
 ^2o^F'vi{Mp' are no ^ therwise specially provided for by law. 2 
 
 12. >8 SceT'l8bo,'E.S. 
 
 Regulations 733 jj e shall obey, in the discharge of the duties men- 
 may be .pre- 
 scribed by Presi- tioned in the preceding section, such regulations, pursuant 
 
 May 2 1828 c ^ ^ aw > as ma y ^ e prescribed by the President, through the 
 Department of War. 
 
 s.l, v. 11, p. 435; June 25, I860, c 211,8. 1, v. 12, p. 106; 
 Mar. 30, 1867, c. 20 s.3 v. 15 p. 12. Sec. 1801, R. S. 
 
 tiot 8 p ^or p aque- 734t A11 moneys appropriated or hereafter appropriated 
 
 emended 5 ' 5 how for tne Washington Aqueduct, and for the other public 
 
 Mar.^ 3^1859, c works in the District of Columbia, not otherwise expressly 
 
 435;' June 'is' provided for by law. shall be expended under the direction 
 
 1862, Res. No. 36, X 
 
 v. 12, p. 620; Mar. of the Secretary of War. 
 
 30, 1867, c. 20, s. 3 _ 
 
 Sec. 1802, B. S. ' But 8ee paragraph 726 ante for compensation of Engineer Commissioner. 
 
 2 For powers and duties of the Commissioners of the District of Columbia m respect 
 to the Washington Aqueduct, see paragraph 730, ante. See also the act of June 20, 
 1874 (18 Stat. L. 74), creating the District Commission. 
 
THE MILITARY LAWS OF THE UNITED STATES. 261 
 
 735. No person, unless by consent of the Chief of Engi- 
 neers in charge of the public buildings and works, shall vy^ 
 
 tap or open the mains or pipes laid or hereafter to be laid 84, 8 . 5, V. n,' P ! 
 by the United States, under a penalty of not less than sec. i803,B.s. 
 fifty nor more than five hundred dollars. 
 
 736. Every person who maliciously breaks, injures, de- wnifui, etc., 
 
 . J 7 ' breaking, etc., of 
 
 faces, or destroys any mam or pipe, bend, branch, valve, pipes; penalty. 
 hydrant, service pipe, or any other fixture used for the dis- 84, s ar 5, v. n,' p'. 
 tribution of water throughout the streets and avenues, or sec. iso*, B. s. 
 for its introduction into the houses, tenements, or buildings 
 of Washington and Georgetown, shall be punishable by 
 imprisonment in the county jail for not more than two 
 years. 
 
 737. Every person who maliciously commits any act by Maliciously 
 
 17 making water 
 
 reason of which the supply of water, or any part thereof, to impure. 
 
 the cities of Washington and Georgetown, becomes impure, 84, a. 7, V. n,'p! 
 
 filthy, or unfit for use, shall be fined not less than five sec.i806,B.s. 
 
 hundred nor more than one thousand dollars, or imprisoned 
 
 at hard labor in the District of Columbia not more than 
 
 three years nor less than one year. 
 
 738. No greater number of main pipes of the Washington Pipes for useof 
 
 T i-i Ti i -i - public buildings. 
 
 Aqueduct shall be laid at the expense of the United States Mar. 3, 1359, c. 
 than are sufficient to furnish the public buildings, offices? 43 8 ' ' v ' ' p< 
 
 Sec 1805 B S 
 
 and grounds with the necessary supply of water. The cost 
 of any main pipe, for the supply of water to the inhabi- 
 tants of Washington and Georgetown, must be paid by the 
 District of Columbia, in the manner provided by law. 
 
 739. The Chief of Engineers shall receive no compensa- Chief *' Engi- 
 
 neers not to re- 
 tiou, other than his regular pay as an officer of the Corps ceive compensa- 
 
 of Engineers, for the services required of him under the Mar. 3, 1359, c. 
 
 n ^ ' m-ji 84, B.l.V. ll,p.435. 
 
 provisions of this Title. sec.i807,B.s. 
 
 740. He shall be furnished official apartments in one of ^g^ 6 ^ 8 - 
 the public buildings in the city of Washington, as may ^ e 84 M 8 ar i 3) v 18 n' c ' 
 directed by the President, and shall be supplied by the<35. 
 Government with the stationery, instruments, books, and 
 furniture which may be required for the performance of his 
 
 duties. 
 
 741. He shall keep in his office a complete record of all C ^ e to r bekep t p " 
 the lands and other property connected with or belonging ^ g vV? c ' 
 to the Washington Aqueduct and other public works under *3s/ .^ ^ g ' 
 his charge, together with accurate plans and surveys of 
 
 the public grounds and reservations in the District of 
 Columbia. 1 
 
 J For reports and estimates required of the Chief of Engineers in connection with 
 the superintendence of the Washington Aqueduct, see paragraphs 48 and 718, ante. 
 
262 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Engi- 743. He and his necessary assistants are empowered to 
 water supply, use all lawful means for the discharge of their duties ; and, 
 45, 8 &y 4, V. 4, p! particularly, he shall have full control over the Washington 
 
 ^v'!!, p'. Aqueduct, to regulate the manner in which the authorities 
 43 sec.i8io,R.s.of the District of Columbia may tap the supply of water to 
 the inhabitants thereof; and he shall stop the same when- 
 ever it is found to be no more than adequate to the wants 
 of the public buildings and grounds. 
 night of appeal 743. jji s decision on all questions concerning the supply 
 
 to Secretary of 
 
 war from de- o f water, as provided in the preceding section, snail be SUD- 
 
 cision of Chief of 
 
 Engineers. ject to appeal to the Secretary of War only. 
 
 Mar. 3, 1859, c. 84, 8 . i, v .ll, p. 435. Sec. 1811, R. S. 
 
 744 - And a11 officers in charge of public buildings in the 
 
 Mar. 3, 1883, v. j) j s r i c t o f Columbia shall cause the now of water in the 
 
 22, p. bio. 
 
 buildings under their charge to be shut off from five o'clock 
 post meridian to eight o'clock ante meridian: Provided, 
 That the water in said public buildings is not necessarily 
 in use for public business. Act of March <?, 1883 (27 Stat. 
 L., 615). 
 
 w?t V eT i0 rohib f ^^ That no portion of the water conveyed or to be con- 
 it( Mar 3 1893 v veve d through or by means of the Washington Aqueduct, 
 27, p. 544! or an y appurtenance thereof, shall be diverted to the sup- 
 
 ply or use of any building, premises, or establishment 
 located outside of the existing limits of the District of 
 Columbia. Act of March 3, 1893 (27 Stat. L., 544). 
 ab ut 746 That tlie lands belonging to the United States and 
 reek lying aroull d the receiving-reservoir shall hereafter becon- 
 
 18 Mar g 9 | 1875 ' v> trolled in connection with the Washington Aqueduct, and 
 shall be under the charge and control of the officer in 
 charge of said aqueduct: And provided further, That the 
 chief engineer is hereby directed to notify the Washington 
 and Georgetown Railway Company to remove their rail- 
 way track from the Washington aqueduct bridge over 
 Eock Creek, within one year from the date of said notice; 
 and said company shall make such removal within the year 
 aforesaid, and have the right to lay their tracks along 
 Twenty-sixth street from Pennsylvania avenue to M street 
 north, and thence along M street into Georgetown, to con- 
 nect with their tracks on Bridge street; and said chief engi- 
 neer may establish and publish regulations prohibiting the 
 passage of heavily loaded wagons and carriages over said 
 bridge. Act of March 3, 1875 (18 Stat. L., 393). 
 
THE MILITARY LAWS OF THE UNITED STATES. 263 
 
 THE MISSISSIPPI RIVER COMMISSION THE MISSOURI 
 RIVER COMMISSION THE CALIFORNIA DEBRIS COM- 
 MISSION. 
 
 Par. ! Par. 
 
 747-753. The Mississippi River 
 
 CommissioD. 
 
 754. Water gauges on the Missis- 
 
 sippi River and its tribu- 
 taries. 
 
 755. Piers and cribs on the Mis- 
 
 sissippi. 
 
 756. Surveys at the South Pass. 
 
 757. Regulations for navigation of 
 
 South Pass. 
 
 758. Snag boats, upper Missis- 
 
 sippi River. 
 
 759-762. The Missouri River Com- 
 mission. 
 
 763-791. The California Debris 
 Commission. 
 
 THE MISSISSIPPI RIVER COMMISSION. 
 
 747. A Commission is hereby created, to be called " The Mississippi 
 
 ,,....-. n j. - River Commis- 
 
 Mississippi River Commission," to consist of seven inem- sion. 
 
 bers. Act of June 28, 1879 (21 Stat. L., 37). 2i J p? 28 ' 18?9> v ' 
 
 748. The President of the United States shall, by and g^gg" 1 ' 
 with the advice and consent of the Senate, appoint seven 
 Commissioners, three of whom shall be selected from the 
 Engineer Corps of the Army, one from the Coast and Geo- 
 detic Survey, and three from civil life, two of whom shall 
 
 be civil engineers. And any vacancy which may occur in 
 the Commission shall in like manner be filled by the Presi- 
 dent of the United States; and he shall designate one of 
 the Commissioners appointed from the Engineer Corps of 
 the Army to be president of the Commission. The Com- 
 missioners appointed from the Engineer Corps of the Army 
 and the Coast and Geodetic Survey shall receive no other 
 pay or compensation than is now allowed them by law, and 
 the other three Commissioners shall receive as pay and 
 compensation for their services each the sum of three 
 thousand dollars per annum; and the Commissioners ap- 
 pointed under this act shall remain in office subject to re- 
 moval by the President of the United States. Sec. 2, ibid. 
 
 749. It shall be the duty of said Commission to direct TO direct sur- 
 
 V6V8 
 
 and complete such surveys of said river, between the Head Detail of as- 
 of the Passes near its mouth to its headwaters, as may be s 
 in progress, and to make such additional surveys, exami- 
 nations, and investigations, topographical, hydrographical, 
 and hydrometrical, of said river and its tributaries, as 
 may be deemed necessary by said Commission to carry out 
 the objects of this act. And to enable said Commission to 
 complete such surveys, examinations, and investigations, 
 the Secretary of War shall, when requested by said Com- 
 mission, detail from the Engineer Corps of the Army such 
 officers and men as may be necessary, and shall place in the 
 
264 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Duties. 
 Sec. 4, ibid. 
 
 Report. 
 
 charge and for the use of said Commission such vessel or 
 vessels and such machinery and instruments as may be 
 under his control and may be deemed necessary. And the 
 Secretary of the Treasury shall, when requested by said 
 Commission, in like manner detail from the Coast and Geo- 
 detic Survey such officers and men as may be necessary, 
 and shall place in the charge and for the use of said Com- 
 mission such vessel or vessels and such machinery and in- 
 struments as may be under his control and may be deemed 
 necessary. And the said Commission may, with the ap- 
 proval of the Secretary of War, employ such additional 
 force and assistants, and provide, by purchase or other- 
 wise, such vessels or boats and such instruments and 
 mea.ns as may be deemed necessary. 1 Sec. <?, ibid. 
 
 750, It shall be the duty of said Commission to take into 
 consideration and mature such plan or plans and estimates 
 as will correct, permanently locate, and deepen the chan- 
 nel and protect the banks of the Mississippi Eiver ; improve 
 and give safety and ease to the navigation thereof; prevent 
 destructive floods ; promote and facilitate commerce, trade, 
 and the postal service ; and when so prepared and matured, 
 to submit to the Secretary of War a full and detailed report 
 of their proceedings and actions, and of such plans, with 
 estimates of the cost thereof, for the purposes aforesaid, to 
 be by him transmitted to Congress : Provided, That the Com- 
 mission shall report in full upon the practicability, feasi- 
 bility, and probable cost of the various plans known as the 
 jetty system, the levee system, and the outlet system, as 
 well as upon such others as they deem necessary. Sec. 4, 
 ibid. 
 
 works n8truct ^' ^ ie sa ^ Commission may, prior to the completion 
 Sec. 5, ibid, of all the surveys and examinations contemplated by this 
 
 1 The duties, under the law, of the Missouri River Commission, composed partly 
 of civilians, relate exclusively to certain work quite other than the establishing of 
 harbor lines. It is therefore not, as a body, subject to the directions of the Secre- 
 tary of War in the matter of establishing harbor lines, nor are the civilian members 
 subject individually to his orders. Thus, while they may consent to establish such 
 lines, it is preferable for the Secretary to cause such work to be done through 
 engineer officers of the Army. (Dig. Opin. J. A. Gen., p. 684, par. 4.) 
 
 Held, that the Mississippi River Commission derived no authority, from the 
 statutes relating to its functions, to make allotments of the moneys appropriated by 
 Congress for the improvements proposed. Its province is to indicate to Congress 
 ivhat improvements are needed and how much should be appropriated therefor. It 
 has no authority to disburse money appropriated. An allotment made by it is to be 
 treated by the Secretary of War as a recommendation only. The Secretary mav 
 adopt the recommendation, but in the disbursement should not omit any of the 
 works specially designated by Congress in the appropriation act. (Ibid., par. 2.) 
 
 Held, that the maps prepared by the Mississippi Commission, under appropriations 
 by Congress, may legally be disposed of at the discretion of the Commission, it 
 being evidently intended by Congress that the information therein contained should 
 be made public and circulated forthe public useand benefit. (Ibid., p. 683, par. 1.) 
 
 Held (January, 1891), that the allowances for the traveling expenses of the civilian 
 members of the Mississippi and Missouri River commissions were not regulated by 
 any order of the War Department regulating the allowances of civil employees of 
 the military establishment, but were such as are fixed by statute. They are not 
 thus necessarily $4 per diem, since the statute law provides for the reimbursement 
 of their actual necessary outlay, which may be more or less than this allowance. 
 (Ibid., p. 684, par. 3.) 
 
 The traveling expenses of the three civilian members of the Mississippi River y 
 
THE MILITARY LAWS OF THE UNITED STATES. 265 
 
 act, prepare, and submit to the Secretary of War plans, 
 specifications, and estimates of cost for such immediate 
 works as, in the judgment of said Commission, may consti- 
 tute a part of the general system of works herein contem- 
 plated, to be by him transmitted to Congress. Sec. 5, ibid. 
 
 752. The Secretary of War may detail from the Engineer 
 Corps of the Army of the United States an officer to act as 
 secretary of said Commission. 1 Sec. 6, ibid. 
 
 753. That whenever, in the prosecution and maintenance jj e nts 
 
 of the improvement of the Mississippi River and Qthroi llow 
 
 rivers, harbors, and public works for which appropriations Sec - 6 - Jul y 5 - 
 
 1884, v. 23, p. 148. 
 
 are herein made it becomes necessary or proper, in the 
 judgment of the Secretary of War, to take possession of 
 material found on bars and islands within the river banks, 
 or other material lying adjacent or near to the line of any 
 of said works and needful for their prosecution or main- 
 tenance, the officers in charge of said works may, when 
 they cannot agree as to the price with the owners thereof, 
 in the name of the United States take possession of and 
 use the same after first having paid or secured to be paid 
 the value thereof, which may have been ascertained in the 
 mode provided by the laws of the State wherein such prop- 
 ,erty or material lies: Provided, however, That when the 
 owner of such property or material shall fix a price for the 
 
 Commission and of the member appointed from the Coast and Geodetic Survey 
 include t heir actual traveling expenses only for all authorized travel on public duty. 
 (3 Dig. Compt. Dec., 219.) 
 
 inspection, such table comforts only as are generally provided by steamboat com- 
 panies for the traveling public. (Ibid.) 
 
 When an appropriation is available for the payment of accounts for "salaries and 
 traveling expenses of the Mississippi River Commission, and for salaries and trav- 
 eling expenses of assistant engineers, and for office expenses and contingencies," 
 the following expenses are properly payable therefrom under existing laws: (1) 
 The salaries of the three members of the Commission appointed from civil life, at the 
 rate of $3,000 each per annum, and of those only, the salaries of the other members 
 being otherwise provided for; (2) the salaries of all civilian assistant engineers 
 employed under the Commission, but not that of the secretary of the Commission or 
 of any other assistant engineer detailed from the Corps of Engineers; (3) the actual 
 traveling expenses only, for all authorized travel on public duty, of the three civilian 
 members of the Commission and of the member appointed from the Coast and Geo- 
 detic Survey; (4) the actual traveling expenses only, for all authorized travel on 
 public duty, of all civilian assistant engineers employed under the Commission ; (5) 
 the mileage of the three members of the Commission appointed from the Engineer 
 Corps of the Army, at the rate of 8 cents per mile, only under circumstances when 
 mileage is authorized by law, for all travel required of them by the Commission per- 
 tinent to the objects for which it was constituted, travel so required being travel 
 under orders within the meaning of section 2 of the act of July 24, 1876, chapter 226; 
 (6) the mileage of the secretary of the Commission and of any other assistant engi- 
 neer detailed from the Corps of Engineers and employed under the Commission, at 
 the rate of 8 cents per mile, only when mileage is authorized by law, for all travel 
 required of them by the Commission pertinent to the objects for which it was con- 
 stituted; (7) the office expenses of the Commission ; (8) the contingent expenses of 
 the Commission. (Ibid., p. 217.) 
 
 The salaries accruing to the civilian members of the Mississippi Eiver Commis- 
 sion during a period when the regular appropriation for their payment is not avail- 
 able can not legally be paid from funds appropriated for the improvement of the 
 Mississippi Eiver, unless provision is specifically made therefor in the act appro- 
 priating such funds. (Ibid., p. 218.) 
 
 "Vouchers in support of payments of mileage to officers of tho Army belonging to 
 or employed by the Mississippi Eiver Commission should be accompanied by orders 
 for the journeys performed, or by other evidence that they were required by the 
 Commission and were pertinent to the objects for which it was constituted. (Ibid., 
 
266 THE MILITARY LAWS OP THE UNITED STATES. 
 
 same which in the opinion of said officer in charge, shall 
 be reasonable, he may take the same at such price without 
 further delay. The Department of Justice shall represent 
 the interests of the United States in the legal proceedings 
 under this act. See. 6, act of July 5, 1884 (23 Stat. L., 148). 
 
 MISCELLANEOUS PROVISIONS RESPECTING THE MISSISSIPPI RIVER. 
 
 water gauges 754. The Secretary of War is hereby authorized and 
 
 on the Missis- . ., 
 
 sippi River and directed to have water-gauges established, and daily 
 
 Feb. 21, 1871, observations made of the rise and fall of the Lower 
 
 598 8 ' 4 ' J' ( 16 ' P ' Mississippi River and its chief tributaries, at or in the 
 
 Sec ' 5252 ' B * S * vicinity of Saint Louis, Cairo, Memphis, Helena, Napo- 
 
 leon, Providence, Vicksburgh, Bed River Landing, Baton 
 
 Rouge, and Carrollton, on the Mississippi, between the 
 
 mouth of the Missouri and the Gulf of Mexico; and at 
 
 or in the vicinity of Fort Leaven woith, on the Missouri; 
 
 Rock Island, on the Upper Mississippi; Louisville, on the 
 
 Ohio; Florence, on the Tennessee; Jacksonport, on the 
 
 White River; Little Rock, on the Arkansas; and Alex- 
 
 andria, on the Red River; and at such other places as the 
 
 Secretary of War may deem advisable. The expenditure 
 
 for the same shall be made from the appropriation for the 
 
 improvement of rivers and harbors; but the annual cost of 
 
 the observations shall not exceed the sum of five thousand 
 
 dollars. 
 
 piers and cribs 755. The owners of saw-mills on the Mississippi River 
 
 on the Missis- 
 
 sippi River. and the Saint Croix River in the States of Wisconsin and 
 278, v.' 17, p. 606; Minnesota are authorized and empowered, under the direc- 
 p.52. ' ' v< ' tion of the Secretary of War. to construct piers or cribs in 
 
 Sec 5254 R S 
 
 'front of their mill property on the banks of the river, for 
 the protection of their mills and rafts against damage by 
 floods and ice : Provided, however, That the piers or cribs. 
 so constructed shall not interfere with or obstruct the 
 navigation of the river. And in case any pier or crib 
 constructed under authority of this section shall at any 
 time, and for any cause, be found to obstruct the naviga- 
 tion of the river, the Government expressly reserves the 
 right to remove or direct the removal of it, at the cost and 
 expense of the owners thereof. 
 
 r ^ ne purpose of securing the uninterrupted 
 
 8i sec P 4 Au er 'ii exam i ua tions and surveys at the South Pass of the Missis- 
 
 18 A'\o 5 'riation sippi Kiver > as provided for in the act of March third, eight- 
 
 made permanent, een hundred and seventy-five, the Secretary of War, upon 
 
 the application of the Chief of Engineers, is hereby author- 
 
 ized to draw his warrant or requisition from time to time 
 
 upon the Secretary of the Treasury for such sums as may 
 
THE MILITARY LAWS OF THE UNITED STATES. 267 
 
 be necessary to do sucli work, not to exceed in the aggre- 
 gate for each year the amount appropriated in this act for 
 such purpose : Provided, however, That an itemized state- 
 ment of said expenditures shall accompany the Annual 
 Report of the Chief of Engineers. Sec. 4, act of August 11 7 
 1888 (25 Stat. L., 424). 
 
 757. That the Secretary of War be, and is hereby, author- fa l *ttonoi 
 ized to make such rules and regulations for the navigation s . ou f h Pa s. 8 . Mis - 
 
 sissippi River. 
 
 of the South Pass of the Mississippi Eiver as to him shall sec.s, Aug.ii, 
 
 1888, v. 25, p. 424. 
 
 seem necessary or expedient tor the purpose of preventing sec.3, sept. 19, 
 any obstruction to the channel through said South Pass 
 and any injury to the works therein constructed. 
 
 The term " South Pass," as herein employed, shall be 
 construed as embracing the entire extent of channel be- 
 tween the upper ends of the works at the head of the Pass 
 and the outer or sea end of the jetties at the entrance 
 from the Gulf of Mexico 5 and any willful violation of any 
 rule or regulation made by the Secretary of War in pur- 
 suance of this act shall be deemed a misdemeanor, for Penalty for vi. 
 
 olation. 
 
 which the owner or owners, agent or agents, master or 
 pilot of the vessel so offending shall be separatively or col- 
 lectively responsible, and on conviction thereof shall be 
 punished by a fine not exceeding two hundred and fifty 
 dollars or by imprisonment not exceeding three months, 
 at the discretion of the court. 1 Sec. 5, act of August 11, 
 1888 (25 Stat. L., 424). 
 
 758. That for the purpose of securing the uninterrupted Snag boats, 
 
 1 . Upper Mississip- 
 
 work of operating snag boats on the Upper Mississippi pi ^River. 
 
 River, and of removing snags, wrecks, and other obstruc- isss, v. 25, p. 424! 
 
 tions in the Mississippi River, the Secretary of War, upon for, 
 
 the application of the Chief of Engineers, is hereby author- ne 
 
 ized to draw his warrant or requisition from time to time 
 
 upon the Secretary of the Treasury for such suras as may 
 
 be necessary to do such work, not to exceed in the aggre- 
 
 gate for each year the amounts appropriated in this act for 
 
 such purposes : Provided, however, That an itemized state- 
 
 ment of said expenses shall accompany the Annual Report 
 
 of the Chief of Engineers. Sec. 4, act of August 11, 1888 
 
 (25 Stat. L., 424). 
 
 MISSOURI RIVER COMMISSION. 
 
 759. That a Commission to be called the Missouri River 
 
 Commission. 
 
 Commission is hereby created, to consist of five members. 
 
 760. That the President shall nominate and, by and with 
 the advice and consent of the Senate, appoint five Commis- 23, P .i44. 
 
 1 See also, section 3, act of September 1&, 1890, (26 Stat. L., 452). 
 
268 THE MILITARY LAWS OF THE UNITED STATES. 
 
 sioners, three of whom shall be selected from the Corps of 
 Engineers of the Army and two from civil life, one of whom 
 at least shall be a civil engineer 5 and he shall in like man- 
 ner fill any vacancy in said Commission ; and he shall desig- 
 nate one of the Commissioners appointed from the Corps of 
 Engineers to be president of the Commission. The Com- 
 missioners appointed from the Corps of Engineers shall 
 receive no other pay or compensation than is allowed them 
 by law, and the other two Commissioners shall each receive 
 for their services pay at the rate of two thousand five hun- 
 dred dollars per annum, out of any money appropriated for 
 the Missouri River - 3 and all said Commissioners shall remain 
 in office subject to removal by the President of the United 
 States. Ibid. 
 
 jwSf 8 ' 761. That it shall be the duty of said Commission to 
 
 superintend and direct such improvement of said river 
 and to carry into execution such plans for the improve- 
 ment of the navigation of said river from its mouth to 
 its headwaters as may now be devised and in progress, 
 and to continue and complete such surveys as may now 
 be in progress, and to make such additional surveys, 
 examinations, and investigations, topographical, hydro- 
 graphical, and hydrometrical, and to consider, devise, 
 and mature such additional plan or plans, and all such 
 estimates as may be deemed necessary and best, to 
 obtain and maintain a channel and depth of water in 
 said river sufficient for the purposes of commerce and 
 navigation, and to accomplish the objects of this act 5 and 
 to enable the Commission to perform the duties assigned 
 them the Secretary of War is hereby authorized and directed 
 to transfer to and place under the control and superintend- 
 ence of said Commission all such vessels, barges, machinery, 
 and instruments, and such plant as may now be provided, 
 devised, or in use on said river, from appropriations here- 
 tofore made for said river, or other sources, and when 
 thereto requested by said Commission to detail from the 
 Corps of Engineers such officers and men as may be neces- 
 sary, and to place in the charge of said Commission any 
 such vessels, machinery, and instruments under his control 
 as may be deemed necessary. And said Commission may, 
 with the approval of the Secretary of War, employ such 
 additional force and assistants, and provide, by purchase 
 or otherwise, such additional vessels, boats, machinery, 
 instruments, and means, as may be deemed necessary; to 
 be paid for by appropriations made or to be made for said 
 river. Ibid. 
 
THE MILITARY LAWS OF THE UNITED STATES. 269 
 
 762. That the said Commission shall, under the direction supervision of 
 
 7 expenditure of 
 
 and with the approval of the Secretary of War, superintend, appropriations. 
 control, and expend for the purposes of this act all appro- 
 priations or unexpended balances heretofore made for the 
 improvement of said river, and which may hereafter be made 
 for said river, or so much thereof as may be necessary, and 
 shall prepare and submit, through the Chief of the Engineer 
 Corps, to the Secretary of War, to be by him transmitted 
 to Congress at the beginning of the regular session in Decem- 
 ber of each year, a full and detailed report of all their pro- 
 ceedings and actions, and of all such plans and systems of 
 work as may now be devised and in progress and carried 
 out by them, and of all such additional plans and systems 
 of Avorks as may be devised and matured by them, with 
 full and detailed estimates of the cost thereof, and state- 
 ments of all expenditures made by them ; and the Secretary 
 of War may detail from the Corps of Engineers or other 
 corps of the Army an officer to act as secretary of the Com- secretary. 
 mission, to aid them in their work; and all money hereby 
 or hereafter appropriated for the improvement of said 
 Missouri Eiver shall be expended under the direction of the 
 Secretary of War in accordance with the plans, specifica- 
 tions, and recommendations of said Commission when such 
 plans, specifications, and recommendations shall have been 
 approved by Congress. IMd. 
 
 THE CALIFORNIA DEBRIS COMMISSION. 
 
 763. That a Commission is hereby created, to be known California pe- 
 
 .. bris Commission. 
 
 as the California Debris Commission, consisting of three Mar. i, 1892, v. 
 
 members. The President of the United States shall, by 
 
 and with the advice and consent of the Senate, appoint the 
 
 Commission from officers of the Corps of Engineers, United 
 
 States Army. Vacancies occurring therein shall be filled 
 
 in like manner. It shall have the authority and exercise 
 
 the powers hereinafter set forth, under the supervision of 
 
 the Chief of Engineers and direction of the Secretary of 
 
 War. 1 Act of March 1, 1892 (27 Stat. ., 507). 
 
 764. That said Commission shall organize within thirty e 
 days after its appointment by the selection of such officers 
 as may be required in the performance of its duties, the 
 same to be selected from the members thereof. The mem- 
 bers of said Commission shall receive no greater compensa- 
 tion than is now allowed by law to each, respectively, as an 
 
 ir The act of June 14, 1880 (21 Stat. L., 196), required the Secretary of War to cause 
 such surveys, etc., to be made as would enable a scheme to be devised to prevent 
 further injury to the navigable waters of California, due to the deposit in the same 
 of d6bris from the mines. 
 
270 THE MILITARY LAWS OF THE UNITED STATES. 
 
 officer of said Corps of Engineers. It shall also adopt 
 rules and re g ulations > not inconsistent with law, to govern 
 its deliberations and prescribe the method of procedure 
 under the provisions of this act. Sec. 2, ibid. 
 
 jurisdiction. 765. That the jurisdiction of said Commission, in so far 
 as the same affects mining carried on by the hydraulic 
 process, shall extend to all such mining in the territory 
 drained by the Sacramento and San Joaquin river systems 
 * n *^ e State of California. Hydraulic mining, as defined in 
 
 prohibited^ section eigh t hereof, directly or i ndirectly injuring the n avi- 
 
 gability of said river systems, carried on in said territory 
 
 other than as permitted under the provisions of this act is 
 
 hereby prohibited and declared unlawful. Sec. 5, ibid. 
 
 Duty of com- 766. That it shall be the duty of said Commission to 
 
 ""plans'. mature and adopt such plan or plans, from examinations 
 
 and surveys already made and from such additional exam- 
 inations and surveys as it may deem necessary, as will im- 
 prove the navigability of all the rivers comprising said 
 systems, deepen their channels, and protect their banks. 
 Such plan or plans shall be matured with a view of making 
 the same effective as against the encroachment of and dam- 
 age from debris resulting from mining operations, natural 
 erosion, or other causes, with a view of restoring, as near 
 as practicable and the necessities of commerce and naviga- 
 tion demand, the navigability of said rivers to the condi- 
 tion existing in eighteen hundred and sixty, and permitting 
 mining by the hydraulic process, as the term is understood 
 in said state, to be carried on, provided the same can be 
 accomplished, without injury to the navigability of said 
 rivers or the lauds adjacent thereto. Sec. 4, ibid. 
 Suryeysofstor- 767. That it shall further examine, survey, and deter- 
 
 age sites for de- 
 
 bris, re3ervoir8, mine the utility and practicability, for the purposes herein- 
 
 Sec. 5, ibid. after indicated, of storage sites in the tributaries of said 
 
 rivers and in the respective branches of said tributaries, or 
 
 in the plains, basins, sloughs, and tule and swamp lands 
 
 adjacent to or along the course of said rivers, for the storage 
 
 of debris or water or as settling reservoirs, with the object 
 
 of using the same by either or all of these methods to aid 
 
 in the improvement and protection of said navigable rivers 
 
 by preventing deposits therein of debris resulting from 
 
 mining operations, natural erosion, or other causes, or for 
 
 affording relief thereto in flood time and providing sufficient 
 
 water to maintain scouring force therein in the summer sea- 
 
 h^rau^lTand 8011 ' ^^ ^ n connec tion therewith to investigate such hy- 
 
 other mines, etc. draulic and other mines as are now or may have been 
 
 worked by methods intended to restrain the debris and 
 
THE MILITARY LAWS OF THE UNITED STATES. 271 
 
 material moved in operating such mines by impounding 
 dams, settling reservoirs, or otherwise, and in general to 
 make such study of and researches in the hydraulic mining 
 industry as science, experience, and engineering skill may 
 suggest as practicable and useful in devising a method or 
 methods whereby such mining may be carried on as afore- 
 said. Sec. 5, ibid. 
 
 768. That the said Commission shall from time to time .Noting condi- 
 note the conditions of the navigable channels of said rivOT channel? 
 
 , ._. ., Sec. 6, ibid, 
 
 systems, by cross-section surveys or otherwise, in order to 
 ascertain the effect therein of such hydraulic mining oper- 
 ations as may be permitted by its orders and such as is 
 caused by erosion, natural or otherwise. Sec. 6', ibid. 
 
 769. That said Commission shall submit to the Chief Annual report. 
 of Engineers, for the information of the Secretary of War. 
 
 on or before the fifteenth day of November of each year, a 
 report of its labors and transactions, with plans for the 
 construction, completion, and preservation of the public 
 works outlined in this act, together with estimates of the 
 cost thereof, stating what amounts can be profitably ex- 
 pended thereon each year. The Secretary of War shall 
 thereupon submit same to Congress on or before the meet- 
 ing thereof. Sec. 7, ibid. 
 
 770. That for the purposes of this act " hydraulic min- m '^ Hydraulic 
 ing" and "mining by the hydraulic process," are hereby ' mini *>s bjr*& 
 
 , , , , -,,.;. hydraulic proc 
 
 declared to have the meaning and application given to ess " defined. 
 
 . _ , . ., a , to _ ., J Seo.8,ttid. 
 
 said terms in said State. Sec. 6, ibid. 
 
 771. That the individual proprietor or proprietors, or in Hydraulic 
 
 f, . . ., . , , miners must file 
 
 case of a corporation its manager or agent appointed for petition with 
 
 that purpose, owning mining ground in the territory in 
 the State of California mentioned in section three hereof, 
 which it is desired to work by the hydraulic process, must 
 file with said Commission a verified petition, setting forth 
 such facts as will comply with law and the rules prescribed 
 by said Commission. Sec. 9, ibid. 
 
 772. That said petition shall be accompanied by an contentsofpe- 
 instrument duly executed and acknowledged, as required tz sec.'io, ibid. 
 by the law of the said State, whereby the owner or owners 
 of such mine or mines surrender to the United States the 
 right and privilege to regulate by law, as provided in this 
 act, or any law that may hereafter be enacted, or by such 
 rules and regulations as may be prescribed by virtue 
 thereof, the manner and method in which the debris result- 
 ing from the working of said mine or mines shall be re- 
 strained, and what amount shall be produced therefrom; 
 it being understood that the surrender aforesaid shall not 
 
272 THE MILITARY LAWS OF THE UNITED STATES. 
 
 be construed as in any way affecting the right of such 
 owner or owners to operate said mine or mines by any 
 other process or method now in use in said State : Provided, 
 That they shall not interfere with the navigability of the 
 aforesaid rivers. Sec. 10, ibid. 
 joint petition 773. That the owners of several mining claims situ- 
 
 by mining claim 
 
 ownersrequiring ated so as to require a common dumping ground or dam 
 
 a common dump- . . . 
 
 ing ground, etc. or other restraining works lor the debris issuing therefrom 
 in one or more sites may file a joint petition setting forth 
 such facts in addition to the requirements of section nine 
 hereof ; and where the owner of a hydraulic mine or own- 
 ers of several such mines have and use common dumping 
 sites for impounding debris or as settling reservoirs, which 
 sites are located below the mine of an applicant not en- 
 titled to use same, such fact shall also be stated in said 
 petition. Thereupon the same proceedings shall be had as 
 provided for herein. Sec. 11, ibid. 
 
 Notice of peti- 774. A notice specifying briefly the contents of said 
 published. petition and fixing a time previous to which all proofs are 
 to be submitted shall be published by said Commission in 
 some newspaper or newspapers of general circulation in the 
 communities interested in the matter set forth therein. If 
 published in a daily paper such publication shall continue 
 for at least ten days; if in a weekly paper in at least three 
 
 Examination issues of the same. Pending publication thereof said Com- 
 mission, or a committee thereof, shall examine the mine and 
 
 Affi d a v 1 1 s , premises described in such petition. On or before the time 
 
 plans, etc., may 
 
 be filed. so fixed all parties interested, either as petitioners or con- 
 
 testants, whether miners or agriculturists, may file affida- 
 vits, plans, and maps in support of their respective claims. 
 
 Hearings. Further hearings, upon notice to all parties of record, may 
 be granted by the Commission when necessary. Sec. 12, ibid. 
 
 Favorable de 775. That in case a majority of the members of said 
 
 cisions within . . . 
 
 thirty days. Commission, within thirtv davs alter the time so fixed, con- 
 
 id. . . \. .... 
 
 cur in a decision in favor of the petitioner or petitioners, 
 the said Commission shall thereupon make an order direct- 
 ing the methods and specifying in detail the manner in 
 which operations shall proceed in such mine or mines; 
 what restraining or impounding works, if facilities therefor 
 can be found, shall be built, and maintained ; how and of 
 what material; where to be located; and in general set 
 forth such further requirements and safeguards as will 
 protect the public interests and prevent injury to the said 
 navigable rivers, and the lands adjacent thereto, with such 
 further conditions and limitations as will observe all the 
 provisions of this act in relation to the working thereof and 
 
THE MILITARY LAWS OF THE UNITED STATES. 273 
 
 tlie payment of taxes on the gross proceeds of the same: 
 Provided, That all expense incurred in complying with said 
 order shall be borne by the owner or owners of such mine 
 or mines. Sec. 13, ibid. 
 
 776. That such petitioner or petitioners must within a Plans, etc., to 
 reasonable time present plans and specifications of allconmiiwion. 
 works required to be built in pursuance of said order for '' ec ' 14> * bld ' 
 examination, correction, and approval by said Commission 5 
 
 and thereupon work may immediately commence thereon Commence- 
 
 -, ,, . . . , ^ . . ment of works. 
 
 under the supervision 01 said Commission or representative supervision, 
 thereof attached thereto from said Corps of Engineers, 
 who shall inspect same from time to time. Upon completion completion, 
 thereof, if found in every respect to meet the requirements 
 of the said order and said approved plans and specifica- 
 tions, permission shall thereupon be granted to the owner Permission to 
 
 f -. . . . commence min- 
 
 or owners of such mine or mines to commence mining ing. 
 operations, subject to the conditions of said order and the 
 provisions of this act. Sec. 14, ibid. 
 
 777. That no permission granted to a mine owner or Conditions, 
 
 , .,/. , . , ,v, , etc., as to com- 
 
 OWUerS under this act shall take effect, so far as regard smencing opera- 
 
 the working of a mine, until all impounding dams or other Tec'. 15, ibid. 
 
 restraining works, if any are prescribed by the order grant; 
 
 ing such permission, have been completed and until the 
 
 impounding dams or other restraining works or settling 
 
 reservoirs provided by said Commission have reached such 
 
 a stage as, in the opinion of said Commission, it is safe to 
 
 usethe same: Provided, however. That if said Commission Navigation, 
 
 etc., sufficiently 
 
 shall be of the opinion that the restraining and other works protected, 
 already constructed at the mine or mines shall be sufficient 
 to protect the navigable rivers of said systems and the 
 work of said Commission, then the owner or owners of such 
 mine or mines may be permitted to commence operations. 
 Sec. 15, ibid. 
 
 778. That in case the joint petition referred to in sec- Allotment of 
 tioii eleven hereof is granted, the Commission shall fix the strSng c om- 
 respective amounts to be paid by each owner of such mines m Ant. 5os etc 
 toward providing and building necessary impounding dams 
 
 or other restraining works. In the event of a petition 
 being filed after the entry of such order, or in case the 
 impounding dam or dams or other restraining works have 
 already been constructed and accepted by said Commission, 
 the Commission shall fix such amount as maybe reason- subsequent 
 able for the privilege of dumping therein, which amount pay fordumping 
 shall be divided between the original owners of such pr 
 impounding dams or other restraining works in proportion / s p u p c ^ rti a I1 meSt 
 to the amount respectively paid by each party owning to original 
 1919 is 
 
274 THE MILITARY LAWS OF THE UNITED STATES. 
 
 same. The expense of maintaining and protecting such 
 Maintenance, joint dams or works shall be divided among mine-owners 
 using the same in such proportion as the Commission shall 
 Location. determine. In all cases where it is practicable, restraining 
 and impounding works are to be provided, constructed, 
 and maintained by mine-owners near or below the mine 
 or mines before reaching the main tributaries of said navi- 
 gable waters. Sec. 16, ibid. 
 Limit of debris 779. That at no time shall any more debris be per- 
 
 washed away. 
 
 Sec. 17, ibid, mitted to be washed away from any hydraulic mine or 
 mines situated on the tributaries of said rivers and the 
 respective branches of each, worked under the provisions 
 of this act, than can be impounded within the restraining 
 works erected. Sec. 17, ibid. 
 
 Modifications, 739. That the said Commission may at any time, when 
 
 etc., oi orders. 
 
 Sec. is, ibid, the condition of the navigable rivers or when the capa- 
 cities of all impounding and settling facilities erected by 
 mine-owners or such as may be provided by Government 
 authority require same, modify the order granting the 
 privilege to mine by the hydraulic mining process so as 
 to reduce amount thereof to meet the capacities of the 
 facilities then in use, or if actually required in order to 
 protect the navigable rivers from damage, may revoke 
 same until the further notice of the Commission. Sec. 18,ibid. 
 
 Forfeiture for 7gi, That an intentional violation on the part of a mine 
 
 violating condi- 
 tions, owner or owners, company, or corporation, or the agents 
 
 or employees of either, of the conditions of the order 
 granted pursuant to section thirteen, or such modifica- 
 tions thereof as may have been made by said Commis- 
 sion, shall work a forfeiture of the privileges thereby 
 conferred, and upon notice being served by the order of 
 said Commission upon such owner or owners, company, 
 or corporation, or agent in charge, work shall immediately 
 cease. Said Commission shall take necessary steps to en- 
 ordere, r Sr entof f rce its orders in case of the failure, neglect, or refusal of 
 such owner or owners, company, or corporation, or agents 
 thereof, to comply therewith, or in the event of any person 
 or persons, company, or corporation working by said proc- 
 ess in said territory contrary to law. Sec. 19, ibid. 
 visiting and 782. That said Commission, or a committee therefrom, or 
 
 inspection of 
 
 m se?'2o . m officer of said corps assigned to duty under its orders, 
 shall, whenever deemed necessary, visit said territory and 
 all mines operating under the provisions of this act. A 
 report of such examination shall be placed on file. Sec. 
 20, ibid. 
 
THE MILITARY LAWS OF THE UNITED STATES. 275 
 
 783 That the said Commission is hereby granted the. u of public 
 
 ^ lands and - 
 
 right to use any of the public lauds of the United States, 
 
 or any rock, stone, timber, trees, brush, or material thereon 
 or therein, for any of the purposes of this act; and the 
 Secretary of the Interior is hereby authorized and re- 
 quested, after notice has been filed with the Commissioner 
 of the General Land Office by said Commission, setting 
 forth what public lands are required by it under the 
 authority of this section, that such land or lands shall be 
 withdrawn from sale and entry under the laws of the 
 United States. Sec. 21, ibid. 
 
 784. That any person or persons who willfully or inali- 
 ciously injure, damage, or destroy, or attempt to injure, demeanor. 
 
 toco, 22, ib'itl 
 
 damage, or destroy, any dam or other work erected under 
 the provisions of this act for restraining, impounding, or 
 settling purposes, or for use in connection therewith, shall 
 be guilty of a misdemeanor, and upon conviction thereof 
 shall be fined not to exceed the sum of five thousand dol- Penalty. 
 lars or be imprisoned not to exceed five years, or by both 
 such fine and imprisonment, in the discretion of the court. 
 Sec. 22, ibid. 
 
 785. And any per son or persons, company or corporation, violation of 
 
 i, v7*i XT, ^ j ' this act a misde- 
 
 their agents or employees, who shall mine by the hydraulic meaner. 
 
 process directly or indirectly injuring the navigable waters 
 
 of the United States, in violation of the provisions of this 
 
 act shall be guilty of a misdemeanor, and upon conviction 
 
 thereof shall be punished by a fine not exceeding five thou- Penalty. 
 
 sand dollars, or by imprisonment not exceeding one year, 
 
 or by both such fine and imprisonment, in the discretion 
 
 of the court: Provided, That this section shall take effect ti ^ hen opera ' 
 
 on the first day of May, eighteen hundred and ninety-three. 
 
 Ibid. 
 
 786. That upon the construction by the said Commission 
 of dams or other works for the detention of debris from 
 hydraulic mines and the issuing of the order provided 
 for by this act to any individual, company, or corporation 
 to work any mine or mines by hydraulic process, the indi- 
 vidual, company or corporation operating thereunder work- 
 ing any mine or mines by hydraulic process, the debris 
 from which flows into or is in whole or in part restrained 
 by such dams or other works erected by said Commission, 
 shall pay a tax of three per centum on the gross proceeds 
 of his, their, or its mine so worked; which tax of three per 
 centum shall be ascertained and paid in accordance with 
 regulations to be adopted by the Secretary of the Treasury, 
 
276 THE MILITARY LAWS OF THE UNITED STATES. 
 
 and the Treasurer of the United States is hereby author- 
 ized to receive the same. Sec. 23, ibid. 
 
 A "Debris 787. All sums of money paid into the Treasury under 
 Expenditures this section shall be set apart and credited to a fund to 
 oomnSoni 7 be known as the "Debris Fund," and shall be expended 
 by said Commission under the supervision of the Chief of 
 Engineers and direction of the Secretary of War, in addi- 
 tion to the appropriations made by law in the construction 
 and maintenance of such restraining works and settling 
 reservoirs as may be proper and necessary: Provided, 
 That said commission is hereby authorized to receive 
 and pay into the Treasury from the owner or owners of 
 mines worked by the hydraulic process, to whom permis- 
 sion may have been granted so to work under the provi- 
 sions hereof, such money advances as may be offered to aid 
 in the construction of such, impounding dams or other re- 
 straining works, or settling reservoirs, or sites therefor, as 
 may be deemed necessary by said Commission to protect 
 the navigable channels of said river systems, on condition 
 that all moneys so advanced shall be refunded as the said 
 tax is paid into the said debris fund: And provided further, 
 That in no event shall the Government of the United States 
 be held liable to refund same except as directed by this 
 section. Ibid. 
 
 7 88. Tnat for tQe Purpose of securing harmony of action 
 economy i n expenditures in the work to be done by 
 sec.24,i&u. the United States and the State of California, respec- 
 tively, the former in its plans for the improvement and pro- 
 tection of the navigable streams and to prevent the depos- 
 iting of mining debris or other materials within the same, 
 and the latter in its plans authorized by law for the recla 
 mation, drainage, and protection of its lands, or relating to 
 the working of hydraulic mines, the said Commission is 
 empowered to consult thereon with a commission of engi- 
 neers of said State, if authorized by said State for said 
 purpose, the result of such conference to be reported to the 
 Chief of Engineers of the United States Army, and if by 
 him approved shall be followed by said Commission. Sec, 
 24, ibid. 
 
 frtm p de ? brisfand 789< That said Commission, in order that such material 
 to be expended as is now or may hereafter be lodged in the tributaries of 
 
 in restraining 
 
 works, etc., the Sacramento and San Joacmin E/iver svsteins, resulting; 
 
 above head of - . . 
 
 navigation, etc. from mining operations, natural erosion, or other causes, 
 shall be prevented from injuring the said navigable rivers 
 or such of the tributaries of either as may be navigable and 
 the land adjacent thereto, is hereby directed and empow- 
 ered, when appropriations are made therefor by law, or suffi- 
 
THE MILITARY LAWS OF THE UNITED STATES. 277 
 
 cient money is deposited for that purpose in said debris fund, 
 to build at such points above the head of navigation in said 
 rivers and on the main tributaries thereof, or branches of 
 such tributaries, or at any place adjacent to the same 
 which, in the judgment of said Commission, will effect said 
 object (the same to be of such material as will insure safety 
 and permanency), such restraining or impounding dams and 
 settling reservoirs, with such canals, locks, or other works 
 adapted and required to complete same. Sec. 25, ibid. 
 
 790. The recommendations contained in Executive Docu- . Recommend a - 
 ment Numbered Two hundred and sixty- seven, Fifty-first ami made the ba- 
 
 ., . . _. . -, sis of operations. 
 
 Congress, second session, and Executive Document Num- 
 bered Ninety-eight, Forty-seventh Congress, first session, 1Ud - 
 as far as they refer to impounding dams, or other restrain- 
 ing works, are hereby adopted, and the same are directed to 
 be made the basis of operations. The sum of fifteen thou- Appropriations, 
 sand dollars is hereby appropriated, from moneys in the 
 Treasury not otherwise appropriated, to be immediately 
 available, to defray the expenses of said Commission. Ibid. 
 
 791. That the Treasurer of the United States be, and he Treasurer of 
 
 7 the United States 
 
 is hereby, authorized to receive from the State of California, to receive funds 
 through the Debris Commission of said State, or other ofn- the^tatoof cai 
 cer thereunto duly authorized, any and all sums of money June 3, 1896, v. 
 that have been, or may hereafter be, appropriated by said 
 State for the purposes herein set forth. And said sums 
 when so received are hereby appropriated for the purposes 
 above named, to be expended in the manner above provided. 
 Act of June 5, 1896 (29 Stat. L., 232). 
 
 FORTIFICATIONS. 1 
 
 Par. 
 
 792. Sites for fortifications. 
 
 Par. 
 
 793. Construction of fortifica 
 tions; contracts. 
 
 792. For the procurement of land, or right pertaining 
 thereto, needed for the site, location, construction, or pros- v 6 U |- ^ 1890 
 ecution of works for fortifications and coast defenses, five 
 
 'See also the title " Board of Ordnance and Fortification," in the chapter entitled 
 THE ORDNANCE DEPARTMENT. See also par. 696, ante. 
 
 The act of February 10, 1875, contained the following provision : " For torpedoes 
 for harbor defenses, and the preservation of the same, and for torpedo experiments 
 in their application to harbor and land defense, and for instruction of engineer bat- 
 talion in their preparation and application, fifty thousand dollars: Provided, That 
 the money herein appropriated for torpedoes shall only be used in the establishment 
 and maintenance of torpedoes to be operated from shore stations for the destruction 
 of an enemy's vessel approaching the shore or entering the channels and fairways of 
 harbors," which was repeated in the acts of February 10, 1875, Juue 20, 1876, March 
 3, 1877, March 23, 1878, March 3, 1879, May 4, ] 880, March 3, 1881, and May 19, 1882. The 
 act of March 3, 1883, contained the requirement that "one-half of the money herein 
 appropriated may be used in the purchase of torpedoes of the latest improvement.' 
 
 If, in the opinion of the Chief of Engineers, a contemplated building will be an 
 appliance necessary in the operation of submarine mines lor the defense of harbors, 
 or will, when completed, be used in operating such mines, or in such a way as to 
 render their operation possible for the defense of harbors, the cost of its erection is 
 chargeable to the appropriation for torpedoes for harbor defense. 3 Compt. Dec., 30. 
 
278 THE MILITARY LAWS OF THE UNITED STATES. 
 
 hundred thousand dollars, or so much thereof as may be 
 necessary, and hereafter the Secretary of War may cause 
 proceedings to be instituted, in the name of the United 
 States,in any court having jurisdiction of such proceedings, 
 for the acquirement, by condemnation, of any land, or right 
 pertaining thereto, needed for the site, location, construc- 
 tion, or prosecution of works for fortifications and coast de- 
 fenses, such proceedings to be prosecuted in accordance with 
 the laws relating to suits for the condemnation of property 
 of the States wherein the proceedings may be instituted : 
 Provided, That when the owner of such land or rights 
 pertaining thereto shall fix a price for the same, which, in 
 the opinion of the Secretary of War, shall be reasonable, 
 he may purchase the same at such price without further 
 delay: Provided further, That the Secretary of 'War is 
 hereby authorized to accept on behalf of the United States 
 donations of lands or rights pertaining thereto required for 
 the above-mentioned purposes : And provided further, That 
 nothing herein contained shall be construed to authorize 
 an expenditure, or to involve the Government in any 
 contract or contracts for the future payment of money, in 
 excess of the sums appropriated therefor. 1 Act of August 
 18, 1890 (26 Stat. L., 316). 
 Construction 793. ]? or construction of fortifications, two million five 
 
 of fortifications; 
 
 contracts. hundred thousand dollars: of which sum riot exceeding- 
 June 6, 1896, 
 
 v. 29, p. 257. one hundred thousand dollars may be expended for the 
 construction of the necessary buildings connected there- 
 with : Provided, That contracts may be entered into, un- 
 der the direction of the Secretary of War, for materials 
 and work for construction of fortifications, to be paid for 
 
 1 When an engineer is sent to any military department, fortress, garrison, or post, a 
 duplicate of his orders will be sent to the commanding officer. On his arrival the 
 engineer will communicate his orders, and necessary facilities for executing them 
 will be afforded by the commanding officer. While so on duty, without being espe- 
 cially put under the direction of the commanding officer, the engineer officer will be 
 furnished with copies of all orders and regulations of the command relative to 
 etiquette and police, and with the countersign when quartered within a chain of 
 sentinels. The engineer officer will report to the commanding officer when relieved 
 from duty within the limits of the command. (Par. 1483, A. R., 1895.) 
 
 Engineer officers engaged in the construction of fortifications or other public 
 works are entitled to allowances of quarters, mess rooms, and kitchens, with fuel 
 for the same, as are provided by regulations for officers at garrisoned posts. (Par. 
 
 No alterations will be made in any fortification or in its casemates, quarters, bar 
 racks, magazines, storehouses, or any other building belonging to it, nor will any 
 building of any kind or work of earth, masonry, or timber be erected within the 
 fortification or within a mile of its exterior, except under the direction of the Chief 
 of Engineers and by authority of the Secretary of War. (Par. 1485, ibid.) 
 
 When the Chief of Engineers is satisfied that any fortification is in all respects 
 complete so far as the functions of his department are concerned, he will give notice 
 thereof to the Secretary of War, that it may be turned over for occupation by the 
 troops. Until its completion has been announced, no work will be occupied by 
 troops except by the special order of the Secretary of War. (Par. 1486, ibid.) 
 
 Where land proposed to be conveyed by a State to the United States for the pur- 
 pose of fortifications was described in the proffered deed as extending to the sea and 
 in a line along the sea, held that such a deed would convey only land extending to and 
 bounded by high-water mark, and advised that the grant should be so expressed 
 as specifically to include the shore to low- water mark, and should also embrace such 
 water-covered lands as would be sufficient to prevent the erection by the authority 
 of the State of structures that might interfere with the proper use of the land for 
 purposes of fortifications. Dig. Opin. J. A. Gen 465 par 2 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 279 
 
 as appropriations may from time to time be made by law, 
 to an additional sum in the aggregate not to exceed two 
 million five hundred thousand dollars. Act of June 6, 1896 
 (29 Stat. L., 257}. 
 
 RIVER AND HARBOR WORKS. 
 
 Par. 
 
 794. Navigable rivers within pub- 
 
 lic lands to be public high- 
 ways. 
 
 795. Rivers in Louisiana. 
 
 796. The Iowa River. 
 
 797. The Des Homes River. 
 
 798. Certain rivers in Alabama to 
 
 be free from tolls. 
 
 799. The Maquoketa River. 
 
 800. Commercial statistics atriver 
 
 and harbor works. 
 
 Par. 
 
 801. Preliminary surveys; reports. 
 
 802. Preliminary examinations. 
 
 803. Supplemental reports pro- 
 
 hibited. 
 
 804. List of surveys to be sub- 
 
 mitted to Congress. 
 
 805. Compilation of laws relating 
 
 to improvement, etc., of the 
 navigable waters of the 
 United States. 
 
 NAVIGABLE WATERS OF THE UNITED STATES. 
 
 794. All navigable rivers, within the territory occupied Navigable riv- 
 
 i , i. ers within public 
 
 by the public lands, shall remain and be deemed public lands to be public 
 
 liiirh wftvs 
 
 highways; and, in all cases where the opposite banks of May is, 1796. c . 
 
 LI u i *'? ^ 29, s. 9, v.l, p. 468; 
 
 any streams not navigable belong to different persons, the Mar. 3.1803,0.27, 
 stream and the bed thereof shall become common to both. 8 ' seeTalft^s. 
 
 795. All the navigable rivers and waters in the former . ers in Loui - 
 
 Territories of Orleans and Louisiana shall be and forever Mar. 3, mi, c. 
 
 46, 8. 12, v. 2, p. 
 
 remain public highways. 1 606. sec.525i,R.s. 
 
 796. So much of the Iowa Eiver within the State of Iowa The i o w a 
 as lies north of the town of Wapello shall not be deemed July is, ises, 
 
 , , . i T i i -i-i ji'T Kes. Ko. 55, v. 15, 
 
 a navigable river or public highway, but dams and bridges p. 257; May e, 
 
 1870, c. 92, v. 16, p. 
 
 may be constructed across it. 121. 
 
 ^AI* " ** is n ^ 
 
 797. The Des Moines Eiver shall forever remain free from Thebes Moines 
 any toll, or other charge whatever, for any property of the Aug. s, i846,c. 
 
 -_ _. ii/^j * i T 103, s 3,v. 9. p. 78 j 
 
 United States, or persons in their service, passing along Jan. 20, 1370, c 7, 
 
 ,, v. 16, p. 6 1. 
 
 the same. sec. 52*6, R. s. 
 
 798. The Tennessee, Coosa, Cahawba, and Black War- Certain rivers 
 
 in Alabama to be 
 
 rior Rivers, within the State of Alabama, shall be forever free from toils. 
 free from toll for all property belonging to the United 75,8*7%. '4, P . 290.' 
 States, and for all persons in their service, and for all citi- 
 zens of the United States, except as to such tolls as may 
 be allowed by act of Congress. 
 
 799. The assent of Congress is given to the construction TheMaquoketa 
 of bridges across the Maquoketa Eiver, within the State July is, ISGS, 
 of Iowa, with or without draws, as may be provided by is, 0.257. 
 
 ,, , ,, , ~, Sec. 5250, R. S. 
 
 the laws of that State. 
 
 J The doctrine of the common law as to the navigability of waters has no applica- 
 tion in this country. Here the ebb and flow of the tide do not constitute the usual 
 test, as in England, or any test at all of the navigability of waters. The test by 
 
280 THE MILITARY LAWS OF THE UNITED STATES. 
 
 RIVER AND HARBOR WORKS. 
 
 statiS at river ^' ^ a ^ owners, agents, masters, and clerks of vessels 
 and harbor arriving at or departing from localities where works of 
 Feb. 21, 1892, river and harbor improvement are carried on shall furnish, 
 V 'v.'i4/pp. 73, on application of the persons in local charge of the works, 
 a comprehensive statement of vessels, passengers, freight, 
 and tonnage. That every person or persons offending 
 against the provisions of this act shall, for each and every 
 offense, be liable to a fine of one hundred dollars, or im- 
 prisonment not exceeding two months, to be enforced in 
 any district court in the United States within whose terri- 
 torial jurisdiction such offense may have been committed. 
 Act of February 21, 1891 (26 Stat. ., 766). 
 
 PRELIMINARY SURVEYS. 
 
 stveys iminary ^* ^ na * i n every case where surveys are made, the 
 
 22 A "fii' 1882> v> report thereon shall embrace such information concerning 
 
 the commercial importance, present and prospective, of 
 
 the improvement contemplated thereby and such general 
 
 which to determine the navigability of waters in our rivers is found in their navi- 
 gable capacity. Those rivers are navigable rivers in law which are navigable in 
 fact. Elvers are navigable in fact when they are used, or are susceptible of being 
 used, in their ordinary condition, as highways for commerce, on which trade and 
 travel are, or may be conducted, in the customary modes of trade and travel on 
 waters; and they constitute navigable waters of the United States, within the 
 meaning of the acts of Congress, in contradistinction from the navigable waters of 
 the States, when they form, in their ordinary condition, by themselves, or by unit- 
 ing with other waters, a continued highway over which commerce may be carried 
 on, with other States or foreign countries, in the customary modes in which such 
 commerce is conducted by water. The Daniel Ball, 10 Wall., 557; The Montello, 11 
 Wall., 411 ; Ex parte Boyer, 109 U. S , 629. 
 
 If a river is not of itself a highway for commerce with other States or foreign 
 countries, or does not'form such highway by its connection with other waters, and 
 is only navigable between different places within the State, it is not a navigable 
 water of the United States, but only a navigable water of a State. The Montello, 
 11 Wall., 411. 
 
 The right to regulate commerce includes the right to regulate navigation, and 
 hence to regulate and improve navigable rivers and ports on such rivers. So. Car. 
 v. Ga., 93 U. S., 4; Oilman v. Philadelphia, 3 Wall., 713. 
 
 In the case of the Willamette Bridge Co. v. Hatch (125 U. S., 1), it was held that 
 clauses similar to that contained in the ordinance of 1787 (1 Stat. L., 52, note) to the 
 effect that ''the navigable waters leading into the Mississippi and the St. Lawrence, 
 and the carrying places between them, shall be common highways and forever free, 
 as well to the inhabitants of the said territory as to the citizens of the United States 
 and those of any other States that may be admitted into the Confederacy, without 
 any tax, impost, or duty therefor" (see also act of February 14, 1859, 11 Stat. L., 383), 
 do not refer to physical obstructions, but to political regulations which would ham- 
 per the freedom of commerce, * * * and can not be regarded as establishing 
 the police power of the United States over such river, or as giving the Federal courts 
 jurisdiction to hear and determine, according to Federal law, every complaint that 
 may be made of an impediment in, or an encroachment upon, the navigation of these 
 rivers. * * * Nor does the expenditure of money in improving navigation of 
 such rivers import an assumption of police power. 
 
 When Congress, in the exercise of its exclusive power to direct how the public 
 money shall be employed, has appropriated a certain sum, to be devoted, without 
 exceptions or provisos, to certain specific internal improvement, it devolves upon the 
 Executive Department of the Government, charged as it is with the execution of the 
 laws enacted by the legislature, to proceed with the work under the appropriation, 
 without entertaining any question as to the expediency of the expenditure. Thus' 
 where Congress had made in general terms an appropriation of a specific amount for 
 improving a- certain river, advised that it was for the officer charged with the 
 improvement simply to do the work, without delaying, to raise or consider questions 
 or claims of title to the land, etc., to be affected b'y the improvement; such matters 
 being quite beyond the province of an executive official under the circumstances. 
 
 Dig. Opin. J. A. Gen., 446, par. 1 ; 532, pars. 8, 9. 
 The United States is not the owner of the 
 
 _ _ . the soil of the beds of navigable waters (a) 
 
 nor of the shores of tide waters below high-water mark, nor of the shores of waters 
 
 a See the definition of the term "navigable waters of the United States," in The 
 Daniel Ball, 10 Wall., 557; Ex parte Boyer, 109 U. S., 629. 
 
THE MILITARY LAWS OF THE UNITED STATES. 281 
 
 commercial statistics as the Secretary of War may be able 
 to procure. 1 
 802 That the preliminary examinations ordered in this Preliminary 
 
 examination to 
 
 act shall be made by the local engineer in charge of the bo made before 
 district, or an engineer detailed for the purpose; and such 00.7, July 13, 
 
 11 -ij-i-i -ij-i -,... . n 1892, v. 27, p. 115. 
 
 local or detailed engineer and the division engineer of 
 the locality shall report to the Chief of Engineers, first, 
 whether, in their opinion, the harbor or river under exam- 
 ination is worthy of improvement by the General Govern- 
 ment, and shall state in such report fully and particularly 
 the facts and reasons on which they base such opinions, 
 including the present and prospective demands of com- 
 merce; and, second, if worthy of improvement by the Gen- 
 eral Government, what it will cost to survey the same with 
 a view of submitting plan and estimate for its improvement; 
 and the Chief Engineer shall submit to the Secretary of 
 War the reports of the local and division engineers, with 
 his views thereon and his opinion of the public necessity 
 or convenience to be subserved by the proposed improve- 
 ment; and all such reports of preliminary examinations, 
 with such recommendations as he may see proper to make, 
 shall be transmitted by the Secretary of War to the House 
 
 not affected by the tide below the ordinary water line of the same, except as it may 
 have become grantee of such soil from the State or from individuals. The property 
 and jurisdiction in and over the beds and shores of navigable waters is in general in 
 the State, or in the individual riparian owner as grantee mediately or immediately 
 from the State (a). But under the power to regulate commerce Congress may assume, 
 as it has recently assumed, the power so to regulate navigation over navigable waters 
 within the States as to prohibit its obstruction and to cause the removal of obstruc- 
 tions thereto, and such power when exercised is exclusive (b). In exercising this 
 power it can not divest rights of title or occupation in a State or individuals, but 
 these rights are left to be enjoyed as before, subject, however, to the paramount pub- 
 lic right ot freeing navigation from obstruction possessed and exercised by the 
 United States through Congress. In the execution of the laws relating to obstruc- 
 tions to navigation the Secretary of War has no general authority, but only such as 
 may have been vested in him by legislation of Congress, especially in the river and 
 harbor appropriation acts. (Ibid., 529, par. 1.) 
 
 As between the United States and a State, the soil of the bed of navigable waters 
 and of the shores of tide waters below high-water mark, or on rivers not reached 
 by the tide-the soil of the shores below the ordinary water line (as not aflected 
 by freshet or unusual drought) belongs to the State. But natural accretions to 
 land owned by private individuals belong to the owners of the laud. Thus, held 
 that the accretions to Hog Island, in the mouth of the Missouri River, belonged, not 
 to the United States or to the State of Missouri, but to the owner of the island. 
 Ibid., 465, par. 1; 515, pars. 11, 12. 
 
 Held that it was doubtful whether "floatable" streams, i. e., streams capable only 
 of being used for floating saw-logs, timber, etc., not being navigable in a general 
 sense, were included in the term "navigable waters of the United States," as 
 employed in statutes providing that dams shall not be constructed in such waters 
 without the permission of the Secretary of War. But held that it was clearly com- 
 petent for Congress, under the commerce clause of the Constitution, to exercise 
 
 POWER OF THE STATES. 
 
 Until the dormant power of the Constitution is awakened and made effective, by 
 appropriate legislation, the reserved power of the States is plenary, and its exer- 
 cise in good faith can not be made the subject of review by this court. Gilman v. 
 
 'This provision was repeated in the act of August 5, 1880 (24 Stat. L.,"335). 
 
 aPollard v. Hagan, 3 How., 212; Barney v. Keokuk, 94 IT. S., 337; Gilman v. 
 Philad., 3 Wall., 713; South Carolina v. Georgia, 93 U. S., 4; 6 Opin. Att. Gen., 
 172; 7 ibid., 314; 10 ibid., 479. 
 
 6 Wisconsin v. Duluth, 96 TJ. S., 379. 
 
282 THE MILITARY LAWS OF THE UNITED STATES. 
 
 of Eepresentatives, and are hereby ordered to be printed 
 
 when so made. 1 Sec. 7, act of July 13, 1892 (27 Stat. L., 115). 
 
 supplemental gQ3. That after the regular or formal report on any 
 
 reports prohib- J 
 
 ited unless called examination, survey, project, or work under way or pro- 
 
 for by concur- 
 
 rentresoiutionof posed is submitted, no supplemental or additional report 
 June 3, 1896, v. or estimate for the same fiscal year shall be made unless 
 ordered by a concurrent resolution of Congress. The Gov- 
 ernment shall not be deemed to have entered upon any 
 project for the improvement of any waterway or harbor 
 mentioned in this Act until funds for the commencement 
 of the proposed work shall have been actually appropriated 
 by law. Sec. 4, act of June 3, 1896 (29 Stat. L., 235)? 
 to^f slbmitSd 804, The Secretary of War is hereby authorized and 
 fhe^fetary 1 ^ directed to cause to be made and transmitted to the first 
 W slc. 6, June a, session of tne Fifty-fifth Congress a compilation giving a 
 1896, v.29, P . 235. complete list of all the preliminary examinations that have 
 heretofore been made, date of report, with a statement as 
 to each, whether favorable or unfavorable for survey; also 
 a complete list of all surveys that have heretofore been 
 made, with a statement as to each, whether favorable for 
 adoption or unfavorable, and date of report, amount recom- 
 mended for completion and amount recommended for each 
 to be expended during the fiscal year beginning July first, 
 eighteen hundred and ninety-eight, by both the Chief of 
 Engineers and the engineer in charge; also a complete list 
 of all projects now under construction or maintenance, 
 together with the year when adopted, and if modified, 
 when, the total amount expended on each project and esti- 
 
 Philadelphia, 3 Wall., 713. Th power to construct works of river and harbor im- 
 provement in the navigable waters of the United States, as an incident of the power 
 to regulate commerce "covering as it does a wide field, and embracing a great 
 variety of subjects, some of which will call for uniform rules and national legisla- 
 tion, while others can best be regulated by rules suggested by the varying circum- 
 
 shall be deemed necessary, by either general or special laws. It may regulate all 
 bridges over navigable waters, remove offending bridges, ai.d punish those who 
 shall thereafter erect them. Ibid. It is for Congress to determine when its full 
 power shall be brought into activity, and as to the regulations and sanctions which 
 shall be provided. U. S. v. New Bedford Bridge, 1 Woodbury and Miuot, 420, 421; 
 U. S. v. Cornet, 12 Pet., 72; N. T. v. Milne. 11 Pet., 102, 155; The Wheeling Bridge 
 Cases, 13 How., 518; 18 ibid., 521. 
 
 ^ A State has power to change the channels of rivers within the State for purposes of 
 internal improvement. Withers v. Buckley, 20 How., 84; So. Car. v, Ga., 93 U. S., 4. In 
 the absence of legislation by Congress, a State statute authorizing the erection of a 
 dam across a navigable river which is wholly within its limits is not unconstitutional. 
 Wilson v. Blackbird Creek Marsh Co., 2 Pet., 245; Pound v. Turck, 95 U. S., 459. 
 
 The Chicago River is navigable and under control of Congress ; but', until that 
 body acts the State of Illinois has authority, and may vest in ' * " " ~" ' 
 jurisdiction over the construction of a bridge within the citv limits, ^scanaba do. 
 
 in the city of Chicago 
 
 v. Chicago, 107 U. S., 678. The State of Michigan authorized the improvement of a 
 river wholly within that State, and the exaction of tolls for the use of the river so 
 improved. Held, that the statute did not impair the contract contained in the 
 ordinance of 1787, giving the people the right to use the waters leading into the St. 
 Lawrence free of duty, tax, or impost. Sands v. Manistee Eiver Imp. Co., 123 U. S., 
 288; Ruggles ,v. The Same, ibid., 297. 
 
 i This provision was repeated in theactof August?. 1894 (28 Stat. L., 369). See, also, 
 for a similar provision, the acts of August 2, 1882 (22 Stat. L., 213) ; July 5, 1884 (23 
 Stat. L., 153) ; August 5, 1886 (24 Stat. L., 335), August 11, 1888 (25 Stat. L., 433) ; Sep- 
 ; August 17, 1894 (28 Stat. L., 372), and June 3, 1896 
 
 2 See also, for a similar provision, section 14 of the act of August 1, 1888 (25 Stat. 
 L., 433), and section 13 of the act of August 17, 1894 (28 Stat. L., 371) 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 283 
 
 mate of amount required to complete the same, and amount 
 recommended by the Chief of Engineers and by the engi- 
 neer in charge to be expended during the fiscal year begin- 
 ning July first, eighteen hundred and ninety- eight, the 
 amount appropriated for each project by this Act, making 
 reference to the report of the Chief of Engineers where 
 report of each project is given, together with a statement 
 containing the amount of the unexpended balance to the 
 credit of each project July first, eighteen hundred and 
 ninety-seven, whether under construction, work suspended, 
 or appropriation made and work not commenced ; also the 
 total amounts appropriated heretofore for the improvement 
 and maintenance of the rivers and the total amounts here- 
 tofore appropriated for the improvement and maintenance 
 of harbors in each river and harbor act; also the total 
 amount of appropriation by States for the improvement of 
 rivers and harbors. Sec. 6', act of June ,5, 1896 (29 Stat. 
 ., 235). 
 
 805. That the Secretary of War is directed to cause to be 
 prepared a compilation of all general laws that have beeii 1 f | P r . ov ] ne ?* 
 
 etc., of navigable 
 
 enacted Irom time to time by Congress for the maintenance, waters to be P re- 
 protection, and preservation of the navigable waters of the Pa sec.' 2, June 3, 
 United States which are now in force, and to submit the 
 same to Congress at its session in December next, together 
 with such recommendation as to revision, emendation, or 
 enlargement of the said laws as, in his judgment, will be 
 advantageous to the public interest. Sec. 2, act of June 3, 
 1896 (29 Stat. L., 234). 
 
 CONTRACTS AND PURCHASES. 1 
 
 Par. 
 
 806. Application of appropria- 
 
 tions; contracts. 
 
 807. Two or more works in one 
 
 contract. 
 
 808. Rejection of bids. 
 
 809. Material for improvements 
 
 may be taken. 
 
 Par. 
 
 810. Condemnation of lands. 
 
 811. Contracts for completed work 
 
 authorized. 
 
 812. Limitation on payments upon 
 
 works constructed on the 
 continuous-contract s y s - 
 tern. 
 
 806. That it shall be the duty of the Secretary of War to Application of 
 
 , . , . appropriations. 
 
 apply the money herein and hereafter appropriated for im- sec. s, Aug. 11, 
 provernents of rivers and harbors, other than surveys, esti- 
 mates and gaugings, in carrying on the various works, by 
 contract or otherwise, as may be most economical and ad- 
 vantageous to the Government. Where said works are 
 done by contract, such contract shall be made after suffi- 
 cient public advertisement for proposals, in such manner 
 
 J See also the chapter entitled CONTRACTS AND PURCHASES, -which regulates the 
 procurement of all supplies and services not expressly excepted therefrom by statute, 
 aain the case of purchases of supplies for works of river and harbor improvement. 
 
 Contracts. 
 
284 THE MILITARY LAWS OF THE UNITED STATES. 
 
 and form as the Secretary. of War shall prescribe; and 
 such contracts shall be made with the lowest responsible 
 bidders, accompanied by such securities as the Secretary 
 of War shall require, conditioned for the faithful prosecu- 
 tion and completion of the work according to such con- 
 tract. 1 Sec. 3, act of August 11, 1888 (25 Stat. L., 423}. 
 worths ma r bein 07. That nothing contained in section thirty-seven hun- 
 one contract, etc. d re d and seventeen of the Revised Statutes of the United 
 
 li. o., 86C.u7l7, 
 
 P . 734, modified. States, nor in section three of the river and harbor act of 
 
 "V 25 D 423 
 
 sec. 2, s'ept.' 19, August eleventh, eighteen hundred and eighty- eight, shall 
 be so construed as to prohibit or prevent the cumulation 
 of two or more works of river and harbor improvement in 
 the same proposal and contract, where such works are sit- 
 uated in the same region and of the same kind or char- 
 acter. 2 Sec. 2, act of September 19, 1890 (26 Stat. L., 452). 
 Rejection of 808. That in cases where authority has been granted to 
 bl iec. 2, July is, the Secretary of War in this act to make contracts for the 
 1892, v. 27, p. no. completion of certain works of river and harbor improve- 
 ment, he is hereby authorized to reject any bids not in his 
 opinion advantageous to the Government, and to issue 
 new proposals. Sec. 2, act of July 13, 1892 (27 Stat. L., 110). 
 . Material for g09, That whenever, in the prosecution and maintenance 
 
 jmpro v e m e n t s x 
 
 may be taken. o f the improvement of the Mississippi River and other 
 
 July 5, 1884, v. 
 
 23, p. 147. rivers, harbors, and public works for which appropriations 
 
 are herein made it becomes necessary or proper, in the 
 judgment of the Secretary of War, to take possession of 
 material found on bars and islands within the river banks, 
 or other material lying adjacent or near to the line of any 
 of said works and needful for their prosecution or mainte- 
 nance, the officers in charge of said works may, when they 
 
 1 The appropriation of money for the improvement of a harbor on a navigable 
 ' river confers discretionary power upon the Secretary of War as to the means by 
 
 which such improvement shall be effected. So. Car. v. Ga., 93 U. S., 4. The opera- 
 tions of the Government in this regard have been conducted by the Bureau of Engi- 
 neering, as partof the War Department, to which Congress has con tided the execution 
 of its wishes in all those matters. * * * It can not be necessary to say that, when 
 a public work of this character has been inaugurated or adopted by Congress and its 
 management placed in control of its officers, there exists no right in any other branch 
 of the Government to forbid the work or to require the undoing of what has been 
 done or to prescribe the manner in which it shall be conducted. Wisconsin v. Du- 
 lutb, 96TJ.D., 379. For these purposes Congress possesses all the powers which 
 existed in the States before the adoption of the Constitution, and which have always 
 existed in the Parliament of England. Gilman v. Philadelphia, 3 Wall., 713. 
 
 Where an officer or agent, charged under the Secretary of War and the Chief of 
 Engineers with the duty of making purchases out of the appropriations for river and 
 harbor improvements, certifies that the prices paid were the lowest market rates 
 and the mode of expenditure adopted the most economical and advantageous to the 
 Government, and the Chief of Engineers approves his account so far as relates to 
 the necessity and expediency of the expenditures and the prices paid, it is not 
 within the province ot the accounting officers to call in question the degree of wia- 
 dom or skill which maj^ have accompanied the exercise of administrative discretion. 
 3 Compt., Dec. 22. It is the duty of the proper officers of the War Department to 
 determine when such an emergency exists requiring immediate delivery of property 
 necessary for river and harbor improvements as will authorize its purchase in open 
 market without advertisement. Discretionary power in this respect is vested by 
 law in the War Department, and the exercise of such discretion is not properly re- 
 viewable by the accounting officers. 3 Dig. Compt. Dec., 288. 
 
 2 This provision was repeated m the act of August 5, 1886 (24 Stat. L., 330). 
 
THE MILITARY LAWS OF THE UNITED STATES. 285 
 
 cannot agree as to the price with, the owners thereof, in 
 the name of the United States take possession of and use 
 the same after first having paid or secured to be paid the 
 value thereof, which may have been ascertained in the 
 mode provided by the laws of the State wherein such prop- 
 erty or material lies: Provided, however. That when the 
 owner of such property or material shall fix a price for the 
 same which in the opinion of said officer in charge, shall 
 be reasonable, he may take the same at such price without 
 further delay. The Department of Justice shall represent 
 the interests of the United States in the legal proceedings 
 under this act. Act of July 5, 1884 (23 Stat. L., 147). 
 
 PURCHASE OF LANDS. 
 
 810. That the Secretary of War mav cause proceedings Condemnation 
 
 ' of lands for river 
 
 to be instituted, in the name of the United States, in any and harbor im- 
 
 ,, . !- f i /. . i provements. 
 
 court having jurisdiction of such proceedings, for the ac- p Apr. 24, isss, v. 
 quirement by condemnation of any land, right of way, or J>p ' 9 
 material needed to enable him to maintain, operate or pros- 
 ecute works for the improvement of rivers and harbors for 
 which provision has been made by law 5 such proceedings 
 to be prosecuted in accordance with the laws relating to 
 suits for the condemnation of property of the States 
 wherein the proceedings may be instituted: Provided, how- 
 ever, That when the owner of such land, right of way, or 
 material shall fix a price for the same, which in the opinion 
 of the Secretary of War, shall be reasonable, he may pur- 
 chase the same at such price without further delay: And 
 provided further, That the Secretary of War is hereby au- 
 thorized to accept donations of lands or materials required 
 for the maintenance or prosecution of such works. 1 Act of 
 April 24, 1888 (25 Stat. L., 94). 
 
 THE CONTINUOUS CONTRACT SYSTEM. 
 
 811. Constructing harbor of refuge, Delaware Bay, Dela- contracts for 
 ware, in accordance with plans submitted by the Chief of authorized. w ' 
 Engineers January twenty- ninth, eighteen hundred and 29 J p ."o? 3 ' 1896 ' v ' 
 ninety-two, five thousand dollars : Provided, That contracts 
 
 may be entered into by the Secretary of War for such 
 
 'For general provisions in respect to the acquisition of land by the United States, 
 see the act of August 1, 1888, and the chapters entitled THE PUBLIC LANDS and THE 
 DEPARTMENT OF JUSTICE. The acts of June 14, 1880 (21 Stat. L., 193), and March 3, 
 1881 (ibid., 482), authorized the expenditure of funds in the acquisition of sites for 
 river and harbor improvements, by voluntary purchase or condemnation, under the 
 direction of the Secretary of War, with the proviso "that if the owners of such 
 lands shall refuse to sell them at reasonable prices, then the prices to be paid shall be 
 determined and the title and jurisdiction procured in the manner prescribed by the 
 laws of the State in which such lands or sites are situated." 
 
286 THE MILITARY LAWS OF THE UNITED STATES. 
 
 material and work as may be necessary to complete said 
 harbor of refuge, to be paid for as appropriations may 
 from time to time be made by law, not to exceed in the 
 aggregate four million six hundred and sixty thousand 
 dollars, exclusive of the amount herein appropriated: 
 Provided further, That in making such contracts, the Sec- 
 retary of War shall nob obligate the Government to pay 
 in any one fiscal year, beginning July first, eighteen hun- 
 dred and ninety-seven, more than twenty-five per centum 
 of the whole amount authorized to be expended. 
 
 Improving harbor at Wilmington, and Christiana Eiver, 
 Delaware: Continuing improvement, in accordance with 
 the modified project, twenty thousand dollars: Provided 
 moreover, That of which amount five thousand dollars may, 
 in the discretion of the Secretary of War, be expended 
 during the year eighteen hundred and ninety-six in 
 improving the channel between Churchman's Bridge and 
 Snalley's Bridge on said river, of which sum one-half shall 
 be expended below and the other half above the draw- 
 bridge at Christiana village: And provided further, That 
 contracts may be entered into by the Secretary of War 
 for such materials and work as may be necessary to com 
 plete the project of improvement, not including estimate 
 for flushing basin and extension of jetty, to be paid for as 
 appropriations may from time to time be made by law, not 
 to exceed m the aggregate two hundred and twenty five 
 thousand eight hundred and forty-six dollars. 1 Act of 
 June 3, 1896 (29 Stat. L., 207}. 
 
 pay^ents^upon" 812 Thafc under tbe authority to make contracts for 
 works construct- materials and work, under the provisions of this Act, in 
 
 ed under the con- 
 tinuous-contract addition to the sums appropriated herein, the Secretary of 
 
 sec. 5, June 3, War shall not obligate the Government to pay, in any one 
 ' fiscal year, beginning July first, eighteen hundred and 
 ninety- seven, more than four hundred thousand dollars 
 upon the said contracts for any one of the works herein 
 placed under the contract system, except as herein other- 
 wise specifically authorized to do : Provided any part of the 
 annual allotment herein provided for, not earned and paid 
 for material furnished or'work done in one fiscal year, may 
 be paid for material furnished and work done under the 
 contracts in any subsequent fiscal year : Provided further, 
 That nothing herein contained shall be so construed as to 
 prevent the Secretary of War from making contracts for 
 
 1 The above statute is an example of a work of river and harbor improvement 
 authorized to be carried on under the continuous-contract system. This system has 
 been applied to such constructions in the several acts of appropriation since that of 
 September 19, 1890 (26 Stat. L., 426) . 
 
THE MILITARY LAWS OP THE UNITED STATES. 
 
 287 
 
 the whole or any part of the works placed under the con- 
 tract system in such manner as may be deemed best, 
 payments, however, to be made as stated in .this section. 
 Sec. 5, act of June 3, 1896 (29 Stat. L., 235). 
 
 OPERATION OF CANALS AND OTHER WORKS OF 
 IMPROVEMENT. 
 
 Par. 
 
 813. Tolls not to be levied or col 
 
 lected on canals. 
 
 814. Use of canals, etc., to be regu- 
 
 lated by Secretary of War. 
 
 Par. 
 
 815. Regulations to be posted. 
 
 813, That no tolls or operating charges whatsoever shall Toils not to 
 
 , , . , , 111 be levied or col- 
 
 be levied or collected upon any vessel or vessels, dredges, or lected on canals. 
 
 other passing water craft through any canal or other work 6 s'ec.4, July 5, 
 
 for the improvement of navigation belonging to the United 1884)Vt 23 'P- 147 - 
 
 States; and for the purpose of preserving and continuing 
 
 the use and navigation of said canals, rivers, and other pub- 
 
 lic works without interruption, the Secretary of War, upon 
 
 the application of the chief engineer in charge of said 
 
 works, is hereby authorized to draw his warrant or requisi- 
 
 tion from time to time upon the Secretary of the Treasury 
 
 to pay the actual expenses of operating and keeping said Payments for 
 
 actual expenses 
 
 works in repair, which warrants or requisitions shall be of operation and 
 
 paid by the Secretary of the Treasury, out of any money in 
 the Treasury not otherwise appropriated: Provided, how- 
 ever, That an itemized statement of said expenses shall 
 accompany the annual report of the Chief of Engineers. 1 
 814. That it shall be the duty of the Secretary of War to use of canals, 
 
 ... , rt , etc., to be regu- 
 
 prescribe such rules and regulations for the use, admims- lated by secre- 
 tration, and navigation of any or all canals and similar t& sec 4, Aug. IT, 
 works of navigation that now are, or that hereafter may be, 1894 ' Vl28)p>36 ' 
 owned, operated, or maintained by the United States as in 
 his judgment the public necessity may require. 2 
 
 1 The effect of this statute is to repeal so much of sections 5245, 5247 5249. and 5255, 
 Revised Statutes, as authorizes the imposition of tolls or other charges for the use 
 of canals or other works of river and harbor improvement erected at the expense of 
 the United States. Section 5255 vested the management of the Louisville and Port- 
 laud Canal in the Secretary of the Treasury at reduced rates of toll. The tolls were 
 still further reduced by the act of May 11, 1874 (18 Stat. L., 43), and the control of 
 the canal transferred to the Secretary of War, who, by the act of July 5, 1884 (23 
 Stat. L., 148), was given authority to make, post, and enforce regulations for the use 
 of the canal, and this legislation was repeated in the act of September 30, 1888 (25 
 Stat. L., 497). The acts of May 18, 1880 (21 Stat. L., 141) and August 2, 1882 (22 Stat. 
 L., 209), contained a provision that no tolls or operating charges should be levied 
 upon or collected from vessels, dredges, or other water craft passing through any 
 canal or other improvement of navigation belonging to the United States. 
 
 : Section 7 of the act of July 5, 1884 (23 Stat. L ., 148), authorized the Secretary of 
 War to prescribe rules and regulations for the use and administration of the JDes 
 Moines Rapids Canal, the Saint Marys Falls Canal, and the Louisville and Portland 
 Canal. Section 14 of the act of September 19, 1890 (27 Stat. L., 455), provides that 
 the dry dock constructed at the Des Moines Rapids Canal shall constitute an inte- 
 grant part of the said canal, and makes the provisions of section 7. above cited, appli- 
 cable to the same. See, also, Dig. J. A. Gen., 534, par. 17, 
 
288 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Regulations to g!5, Such rules and regulations shall be posted, in con- 
 spicuous and appropriate places, for the information of the 
 public; and every person and every corporation which shall 
 knowingly and willfully violate such rules and regulations 
 shall be deemed guilty of a misdemeanor and, on conviction 
 thereof in any district court in the United States within 
 whose territorial jurisdiction such offense may have been 
 committed, shall be punished by a fine not exceeding five 
 hundred dollars, or by imprisonment (in the case of a natu- 
 ral person) not exceeding six months, in the discretion of 
 the court. 1 Sec. 4, act of August 17, 1894 (28 Stat. L.,362). 
 
 BRIDGES OVER THE NAVIGABLE WATERS OF THE UNITED 
 
 STATES. 
 
 Par. 
 
 816. Deflection of currents by 
 
 piers, etc. 
 
 817. Obstructions to navigation 
 
 by bridges. 
 
 Par. 
 
 818. Penalty for default in making 
 
 alterations, etc. 
 
 819. Drawbridges ; regulations for 
 
 use. 
 
 816. That whenever complaint shall be made to the Secre- 
 
 Deflection of 
 
 currents by tary of War that by reason of the placing in any navigable 
 sec. 2, Aug. 11, waters of the United States of any bridge pier or abut- 
 ment, the current of such waters has been so deflected from 
 its natural course as to cause by producing caving of banks 
 or otherwise serious damage or danger to property, it shall 
 be his duty to make inquiry, and if it shall be ascertained 
 that the complaint is well founded, he shall cause the owners 
 or persons operating such bridge to repair such damage or 
 prevent such danger to property by such means as he shall 
 indicate and within such time as he may name, and in 
 default thereof the owners or persons operating such bridge 
 shall be liable in any court of competent jurisdiction to the 
 persons injured in a sum double the amount of said injury: 
 Provided, however, That nothing herein contained shall be 
 construed so as to affect any rights of action which may 
 exist at the time of the passage of this act. 2 
 
 817. That whenever the Secretary of War shall have good 
 
 Obstructions IT j_i -i -i 11-1 
 
 to navigation by reason to believe that any railroad or other bridge now 
 br set e 9,' Aug. 11, constructed, or which may hereafter be constructed over 
 8^ 8 'Z'fep^. 4 i9, ;an y of tae navigable water-ways of the United States is 
 1890, v.26, p. 453'. an unreasonable obstruction to the free navigation of such 
 
 1 In view of the decision of the Supreme Court in the case of The United States v. 
 Eaton (144 U. S., 677), it may be doubted whether regulations prepared iu conformity 
 to this statute could have the penal character which it undertakes to confer. In 
 Morrill v. Jones (106 U. S., 466) it was held that the Secretary of the Treasury could 
 not alter or amend a statute by executive regulation: " Muchmoredoes this principle 
 apply to a case where it is sought substantially to prescribe a criminal offense by the 
 regulation of a Department." For a contrary opinion, however, see U. S. v. Ormsbee, 
 74 Fed. Rep., 207. 
 
 2 In the case of the United States v. Rider et al. (50 Fed. Rep., 406) this section was 
 held to be unconstitutional upon the ground that the powers therein conferred upon 
 the Secretary of War were, by the Federal Constitution, exclusively vested in Con- 
 gress. See, also, Fields Clark, 143 U. S., 649, 692 ; U. S. v. Eaton, 144 U. S., 627, and note 
 1 to paragraph 815, ante,- U. S. v. Keokuk and Hamilton Bridge Co., 45 Fed.. Rep., 17& 
 
THE MILITARY LAWS OF THE UNITED STATES. 289 
 
 waters on account of insufficient height, width of span, or 
 otherwise, or where there is difficulty in passing the draw- 
 opening or the draw-span of such bridge by rafts, steam- 
 boats, or other water-craft, it shall be the duty of the said 
 Secretary, first giving the parties reasonable opportunity 
 to be heard, to give notice to the persons or corporations 
 owning or controlling such bridge so to alter the same as 
 to render navigation through or under it reasonably 
 free, easy, and unobstructed ; and in giving such notice 
 he shall specify the changes required to be made, and shall 
 prescribe in each case a reasonable time in which to make 
 them. If at the end of such time the alteration has not 
 been made, the Secretary of War shall forthwith notify 
 the United States district attorney for the district in 
 which such bridge is situated, to the end that the criminal 
 proceedings mentioned in the succeeding section may 
 be taken. 1 Sec. 4, act of September 19, 1890 (26 Stat. L., 
 453). 
 
 818. That if the persons, corporation, or association own- , Penalty for 
 
 default in mak- 
 ing or controlling any railroad or other bridge shall, after ing alterations, 
 
 receiving notice to that effect as hereinbefore required from sec. 10, Aug. 
 the Secretary of War and within the time prescribed by 425 ; sec.\ ibid' 
 him, willfully fail or refuse to remove the same, or to com- i89o,v. 
 ply with the lawful order of the Secretary of War in the 
 premises such persons, corporation or association shall be 
 deemed guilty of a misdemeanor and, on conviction thereof, 
 shall be punished by a fine not exceeding five thousand 
 dollars, and every month such persons, corporation, or 
 association shall remain in default in respect to the re- 
 moval or alteration of such bridge shall be deemed a new 
 offense, and subject the persons, corporation, or asso- 
 ciation so offending to the penalties above prescribed. 1 
 Sec. 5, act of September 19. 1890 (26 Stat. ., 453). 
 
 819. That it shall be the duty of all persons owning, 
 operating, and tending the drawbridges now built, or which use. 5 Au . 17 
 may hereafter be built across the navigable rivers and i894 e ,%. 28, p? 362 1 . 
 other waters of the United States, to open, or cause to be 
 
 opened, the draws of such bridges under such rules and 
 regulations as in the opinion of the Secretary of War the 
 public interests require to govern the opening of draw- 
 bridges for the passage of vessels and other water-crafts, 
 and such rules and regulations, when so made and pub- 
 lished, shall have the force of law. Every such person 
 
 J In the case of the United States v. Eider et al. (50 Fed. Rep., 406) these sections 
 were held to be unconstitutional upon the ground that the powers therein conferred 
 upon the Secretary of War were, by the Federal Constitution, exclusively vested in 
 Congress. See, also, U. S. v. Eaton, 144 U. S., 627, and note 2 to paragraph 816, ante,- 
 U. S. v. Keokuk and Hamilton Bridge Co., 45 Fed. Rep., 178. 
 
 1919 19 
 
290 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 who shall willfully fail or refuse to open, or cause to be 
 opened, the draw of any such bridge for the passage of a 
 boat or boats, or who shall unreasonably delay the opening 
 of said draw after reasonable signal shall have been given, 
 as provided in such regulations, shall be deemed guilty of 
 a misdemeanor, and on conviction thereof shall be pun- 
 ished by a fine of not more than two thousand dollars nor 
 less than one thousand dollars, or by imprisonment (in the 
 case of a natural person) for not exceeding one year, or by 
 both such fine and imprisonment, in the discretion of the 
 court : Provided, That the proper action to enforce the pro- 
 visions of this section may be commenced before any com- 
 missioner, judge, or court of the United States, and such 
 commissioner, judge, or court shall proceed in respect 
 thereto as authorized by law in case of crimes against the 
 United States : Provided further, That whenever, in the 
 opinion of the Secretary of War, the public interests 
 require it, he may make rules and regulations to govern 
 the opening of drawbridges for the passage of vessels 
 and other water-crafts, and such rules and regulations, 
 when so made and published, shall have the force of law, 
 and any violation thereof shall be punished as herein- 
 before provided. 1 Sec. 5, act of August 17, 1894 (28 Stat. 
 L.j 362}. 
 
 HARBOR LINES. 
 
 Par. 
 
 822. Obstructions by wharves, etc. 
 
 Par. 
 
 820. Harbor-lines may be estab- 
 
 lished. 
 
 821. Dredging within harbor lines; 
 
 wharves ; construction of 
 bridges, etc. 
 
 820. Where it is made manifest to the Secretary of War 
 that the establishment of harbor-lines is essential to the 
 1886,^.24,^29 -preservation and protection of harbors, he may, and is 
 1888, v.' 25, p g 424 thereby authorized, to cause such lines to be established, 
 18&6, v. 26^.455'. beyond which no piers, wharves, bulk -heads or other works 
 shall be extended or deposits made, except under such 
 regulations as may be prescribed from time to time by him ; 
 and any person who shall willfully violate the provisions 
 of this section, or any rule or regulation made by the Sec- 
 retary of War in pursuance of this section, shall be deemed 
 guilty of a misdeanor, and, on conviction thereof, shall 
 
 1 As every bridge constructed over the navigable waters of the United States con- 
 stitutes an obstruction to the free navigation thereof, and as the Congress is, by the 
 Constitution, made the exclusive judge of the extent and amount of the obstruction 
 that shall be authorized in any case, that body reserves to itaelf the right to author- 
 ize the construction of bridges over such waters. The nearest approach to general 
 legislation on this subject will be found in the act of February 14, 1883 (22 Stat. L., 
 414), authorizing the construction of bridges across the Ohio River. 
 
THE MILITARY LAWS OF THE UNITED STATES. 291 
 
 be punished by a fine not exceeding one thousand dollars, 
 or imprisonment not exceeding one year, at the discretion 
 of the court for each offense. 1 Sec. 12, act of September 19, 
 1890 (26 Stat. L., 455}. 
 
 821. That no money appropriated for the improvement . Dredging with- 
 
 j? j i_ u j-i i p -iii * n harbor-lines. 
 
 of rivers and harbors in this act or hereafter, shall be ex- Sec. 5, July 13, 
 pended for dredging inside of harbor lines duly established. 8 2> Vt 27 ' p ' m ' 
 Sec. 5, act of July 13, 1892 (27 Stat. L., 111}. 
 
 822. That it shall not be lawful to build any wharf, pier, obstructions 
 dolphin, boom, dam, weir, breakwater, bulk-head, jetty or by sJ??y septfiS,' 
 structure of any kind outside established harbor-lines, orJS?'?,'^ 4 ^ 
 in any navigable waters of the United States where no 1892) v> 27> p * m 
 harbor-lines are or may be established, without the per- 
 
 mission of the Secretary of War, in any port, roadstead, 
 
 haven, harbor, navigable river, or other waters of the 
 
 United States, in such manner as shall obstruct or impair 
 
 navigation, commerce, or anchorage of said waters ; and it 
 
 shall not be lawful hereafter to commence the construction construction of 
 
 of any bridge, bridge draw, bridge piers and abutments, del lt e ate e iaw, un 
 
 causeway, or other works over or in any port, road, road- 
 
 stead, haven, harbor, navigable river or navigable waters 
 
 of the United States, under any act of the legislative 
 
 assembly of any State, until the location and plan of such 
 
 bridge or other works have been submitted to and approved 
 
 by the Secretary of War, or to excavate or fill, or in any secretary of 
 
 manner to alter or modify the course, location, condition 
 
 capacity of any port, roadstead, haven, harbor, harbor of ret- potet?.', 'for' 
 
 uge, or inclosure within the limits of any breakwater, or of idden - 
 
 the channel of any navigable water of the United States, 
 
 unless approved and authorized by the Secretary of War: 
 
 Provided, That this section shall not apply to any bridge, Existing law- 
 
 bridge draw, bridge piers and abutments the construction except! es ' etc '' 
 
 of which has been heretofore duly authorized by law, or be 
 
 so construed as to authorize the construction of any bridge, N authority 
 
 draw bridge, bridge piers and abutments or other works state 1 if w 8 0*1 er 
 
 under an act of the legislature of any State, over or in any SfaSS 
 stream, port, roadstead, haven or harbor or other navigable 
 water not wholly within the limits of such State. 1 Sec. 3, 
 act July 13, 1892 (27 Stat. L., 110). 
 
 'See note 1 to paragraph 815, supra. See, also, Dig. J. A. Gen. 532, par. 10, p. 533, 
 paragraphs 11 and 12. 
 
292 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 INJURIES TO GOVERNMENT WORKS; OBSTRUCTIONS. 
 
 Par. 
 
 823. Inj uries to Government works 
 
 in navigable waters. 
 
 824. No unlawful obstructions to 
 
 be created, etc. 
 
 825. Enforcement. 
 
 826. Deposits of refuse, etc., in 
 
 navigable waters forbid- 
 den. 
 
 827. Masters', pilots', and engi- 
 
 neers' licenses revocable. 
 
 828. Libel against boats making 
 
 unlawful deposit. 
 
 Par. 
 
 829. Displacement of tide waters 
 
 by piers, etc. 
 
 830. Deposits of ballast, stone, 
 
 earth, etc. ; lawful deposits. 
 
 831. Obstruction by sunken ves- 
 
 sels, craft, etc. ; removal. 
 
 832. Wrecks to be removed by Sec- 
 
 retary of War. 
 
 833. Wrecks may be sold before 
 
 raising or after removal. 
 
 834. Fish ways. 
 
 injuries to GOT- 823. That it shall not be lawful for any person or persons 
 
 ernnient works, . 
 
 etc.,in navigable to take possession of or make use tor any exclusive purpose, 
 
 9, sept. 19, or build upon, alter, deface, destroy, injure, obstruct, or in 
 ' any other manner impair the usefulness of any sea-wall, 
 bulk-head, jetty, dike, levee, wharf, pier, or other work built 
 by the United States ID whole or in part, for the preserva- 
 tion and improvement of any of its navigable waters, or to 
 prevent floods, or as boundary marks, tide-gauges, survey- 
 ing-stations, buoys, or other established marks, nor remove 
 for ballast or other purposes any stone or other material 
 composing such works. Sec. 9, act of September 19, 1890 
 (26 Stat. L., 454). 
 NO unlawful 824. That the creation of any obstruction, not affirma- 
 
 obstructions to .. , .1-111 .1 -11 -^ /? 
 
 be created or con- tively authorized by law, to the navigable capacity of any 
 11 sec d io, ibid, waters, in respect of which the United States has jurisdic- 
 tion, is hereby prohibited. The continuance of any such 
 obstruction, except bridges, piers, docks and wharves, and 
 similar structures erected for business purposes, whether 
 heretofore or hereafter created, shall constitute an offense 
 and each week's continuance of any such obstruction shall 
 be deemed a separate offense. Every person and every 
 corporation which shall be guilty of creating or continuing 
 any such unlawful obstruction in this act mentioned, or 
 who shall violate the provisions of the last four preceding 
 sections of this act, shall be deemed guilty of a misde 
 meanor, and on convictioD thereof shall be punished by a 
 fine not exceeding five thousand dollars, or by imprison- 
 ment (in the case of a natural person) not exceeding one 
 year, or by both such punishments, in the discretion of the 
 court, the creating or continuing of any unlawful obstruc- 
 Preyention, tion in this act mentioned may be prevented and such ob- 
 
 etc., by injunc- 
 
 tion. struction may be caused to be removed by the injunction 
 
 of any circuit court exercising jurisdiction in any district 
 
THE MILITARY LAWS OF THE UNITED STATES. 293 
 
 in which such obstruction maybe threatened or may exist ; 
 and proper proceedings in equity to this end may be insti- Procedure. 
 tuted under the direction of the Attorney- General of the 
 United States. Sec. 10, ibid. 
 
 825. That it shall be the duty of officers and agents hav- f ^f 6 ^*' 
 ing the supervision, on the part of the United States, of the 
 
 works in progress for the preservation and improvement of 
 
 said navigable waters, and, in their absence, of the United 
 
 States collectors of customs and other revenue officers to 
 
 enforce the provisions of this act by giving information to 
 
 the district attorney of the United States for the district 
 
 in which any violation of any provision of this act shall 
 
 have been committed: Provided, That the provisions of ex Impted. Lake 
 
 this act shall not apply to Torch Lake, Houghton County, 
 
 Michigan. Sec. 11, ibid. 
 
 826. That it shall not be lawful to place, discharge, or U8 ^X! 8i in na?i 
 deposit, by any process or in any manner, ballast, refuse, gable waters for- 
 dirt, ashes, cinders, mud, sand, dredgings, sludge, acid, or Sec. 6, Aug. 17, 
 any other matter of any kind other than that flowing from 
 
 streets, sewers, and passing therefrom in a liquid state, in 
 the waters of any harbor or river of the United States, for 
 the improvement of which money has been appropriated 
 by Congress, elsewhere than within the limits denned and 
 permitted by the Secretary of War; neither shall it be 
 lawful for any person or persons to move, destroy, or injure bidden - 
 in any manner whatever any sea-wall, bulk-head, jetty, 
 dike, levee, wharf, pier, or other work built by the United 
 States, in whole or in part, for the preservation and im- 
 provement of any of its navigable waters, or to prevent 
 floods, or as boundary marks, tide gauges, surveying sta- 
 tions, buoys, or other established marks; any and every 
 such act is made a misdemeanor, and every person know- 
 ingly engaged in or who shall knowingly aid, abet, author- 
 ize, or instigate a violation of this section shall, upon con- 
 viction, be punishable by fine or imprisonment, or both, Penalties. 
 such fine to be not less than two hundred and fifty dollars 
 nor more than twenty-five hundred dollars, and the im- 
 prisonment to be not less than thirty days nor more than 
 one year, either or both united, as the judge before whom 
 conviction is obtained shall decide, one-half of said fine to 
 be paid to the person or persons giving information which 
 shall lead to conviction of this misdemeanor. 1 Sec. 6, act 
 of August 17, 1894 (28 Stat. L. 9 363). 
 
 827. That any and every master, pilot, and engineer, or jjj^ 8 ^ [ 
 person or persons acting in such capacity, respectively, on neers' ' licenses 
 board of any boat or vessel who may willfully injure 
 
 1 See, Dig. J. A. Geu., 533, par. 14; 534, par. 15. 
 
294 THE MILITARY LAWS OF THE UNITED STATES. 
 
 destroy any work of the United States contemplated in 
 section six of this Act, or who shall knowingly engage in 
 towing any scow, boat, or vessel loaded with any such pro- 
 hibited matter to any point or place of deposit or discharge 
 in any harbor contemplated in section six of this Act, 
 elsewhere than within the limits defined and permitted by 
 the Secretary of War, shall be deemed guilty of a violation 
 of this Act and shall, upon conviction, be punishable as 
 hereinbefore provided for offenses in violation of section 
 six of this Act, and shall also have his license revoked or 
 suspended for a term to be fixed by the judge before whom 
 tried and convicted. Sec. 7, ibid. 
 
 828< An ^ boat > vessel j scow or other craft used or em- 
 ployed in violating any of the provisions of sections six 
 tions. p * . and seven of this Act shall be liable to the pecuniary pen- 
 alties imposed thereby, and in addition thereto to the 
 amount of the damages done by said boat, vessel, scow, or 
 other craft, which latter sum shall be placed to the credit 
 of the appropriation for the improvement of the harbor in 
 which the damage occurred, and said boat, vessel, scow, or 
 other craft may be proceeded against summarily by way 
 of libel in any district court of the United States having 
 jurisdiction thereof. Sec. 8, Ibid. 
 
 of^iK waters b* 829t ^ nat w he never tne Secretary of War grants to any 
 piers, etc. person or persons permission to extend piers, wharves, 
 basi p bulk-heads, or other works, or to make deposits in any tidal 
 
 harbor or river of the United States beyond any harbor- 
 lines established under authority of the United States, he 
 shall cause to be ascertained the amount of tide water 
 displaced by any such structure or by any such deposits, 
 and he shall, if he deem it necessary, require the parties to 
 whom the permission is given to make compensation for 
 such displacement either by excavating in some part of 
 the harbor, including tide water channels between high 
 and low water mark, to such an extent as to create a basin 
 for as much tide water as may be displaced by such struc- 
 ture or by such deposits, or in any other mode that may 
 be satisfactory to him : Provided, That all such dredging 
 or other improvement shall be carried on under the direc- 
 tion of the Secretary of War, and shall in no wise injure 
 any existing channels. Sec. 9, act of August 17, 1894 (28 
 Stat. L., 364). 
 Deposits of 830, That it shall not be lawful to cast, throw, empty, or 
 
 ballast, stone, 
 
 earth, etc., for- unlade, or cause, suffer, or procure to be cast, thrown, 
 Sec. 6, sept. 19, emptied, or unladen, either from or out of any ship, vessel, 
 
 1890, v. 26, p. 453. .. . 
 
 lighter, barge, boat, or other craft, or from the shore, pier, 
 wharf, furnace, manufacturing establishments, or mills of 
 
THE MILITARY LAWS OF THE UNITED STATES. 295 
 
 any kind whatever, any ballast, stone, slate, gravel, earth, 
 rubbish, wreck, filth, slabs, edgings, sawdust, slag, cinders, 
 ashes, refuse, or other waste of any kind, into any port, 
 road, roadstead, harbor, haven, navigable river, or naviga- 
 ble waters of the United States which shall tend to impede 
 or obstruct navigation, or to deposit or place or cause, 
 suifer, or procure to be deposited or placed, any ballast, 
 stone, slate, gravel, earth, rubbish, wreck, filth, slabs, 
 edgings, sawdust, or other waste in any place or situa- 
 tion on the bank of any navigable waters where the same 
 shall be liable to be washed into such navigable waters, 
 either by ordinary or high tides, or by storms or floods, or 
 otherwise, whereby navigation shall or may be impeded or 
 obstructed: Provided, That nothing herein contained shall Lawful de- 
 extend or be construed to extend to the casting out, unlad- P 
 ing, or throwing out of any ship or vessel, lighter, barge, 
 boat, or other craft, any stones, rocks, bricks, lime, or other 
 materials used, or to be used, in or toward the building, 
 repairing, or keeping in repair any quay, pier, wharf, weir, 
 bridge, building, or other work lawfully erected or to be 
 erected on the banks or sides of any port, harbor, haven, 
 channel, or navigable river, or to the casting out, unlading, 
 or depositing of any material excavated for the improve- 
 ment of navigable waters, into such places and in such 
 manner as may be deemed by the United States officer 
 supervising said improvement most judicious and practica- 
 ble and for the best interests of such improvements, or to 
 prevent the depositing of any substance above mentioned 
 under a permit from the Secretary of War, which he is e ^g osits by 
 hereby authorized to grant, in any place designated by him 
 where navigation will not be obstructed thereby. See. 6, 
 act of September 19, 1890 (26 Stat. L., 453). 
 
 OBSTRUCTION OF NAVIGATION BY SUNKEN VESSELS, ETC. 
 
 831. Whenever hereafter the navigation of any river s obstruction by 
 lake, harbor, or bay, or other navigable water of the United or wa e ter-claft. 8 
 States, shall be obstructed or endangered by any sunken issofv, h 
 vessel or water-craft, it shall be the duty of the Secretary 
 of War, upon satisfactory information thereof, to cause 
 reasonable notice, of not less than thirty days, to be given, 
 personally or by publication, at least once a week in the 
 newspaper published nearest the locality of such sunken 
 vessel or craft, to all persons interested in such vessel or 
 craft, or in the cargo thereof, of the purpose of said Secre- 
 tary, unless such vessel or craft shall be removed as soon 
 thereafter as practicable by the parties interested therein, 
 to cause the same to be removed. If such sunken vessel Removal. 
 
296 THE MILITARY LAWS OF THE UNITED STATES. 
 
 or craft and cargo shall not be removed by the parties in- 
 terested therein as soon as practicable after the date of the 
 giving of such notice by publication, or after such personal 
 service of notice, as the case may be, such sunken vessel 
 or craft shall be treated as abandoned and derelict, and the 
 Secretary of War shall proceed to remove the same. Such 
 sunken vessel or craft and cargo and all property therein 
 when so removed shall, after reasonable notice of the time 
 and place of sale, be sold to the highest bidder or bidders 
 for cash, and the proceeds of such sales shall be deposited 
 in the Treasury of the United States to the credit of a fund 
 for the removal of such obstructions to navigation, under 
 the direction of the Secretary of War, and to be paid out 
 for that purpose on his requisition therefor. The provisions 
 of this act shall apply to all such wrecks whether removed 
 under this act or under any other act of Congress. Such 
 sum of money as may be necessary to execute this section 
 of this act is hereby appropriated, out of any money in the 
 Treasury of the United States not otherwise appropriated, 
 to be paid out on the requisition of the Secretary of War. 
 Sec. 4, act of June 14, 1880 (21 Stat. L., 197). 
 Wrecks.etc., to 832. That all wrecks of vessels and other obstructions to 
 
 be removed bv 
 
 Secretaryof Waf. the navigation of any port, roadstead, harbor, or navigable 
 i89o, C v.26,i?4'54.' river, or other navigable waters of the United States, which 
 may have been permitted by the owners thereof or the par- 
 ties by whom they were caused to remain to the injury of 
 commerce and navigation for a longer period than two 
 months, shall be subject to be broken up and removed by 
 the Secretary of War, without liability for any damage to 
 the owners of the same. 1 Sec. 8, act of September 19, 1890 
 (26 Stat. L., 454). 
 
 suS^ves^is 833< That the P ower and authority granted to the Secre- 
 may be sold be- tary of War under and by virtue of section four of the act 
 
 fore raising or re- J 
 
 movai. O f Congress approved June fourteenth, eighteen hundred 
 
 A-Ug. 2, 1882, v. 
 
 22, p. 208. and eighty, relating to wrecks and sunken vessels be, and 
 
 the same are hereby, enlarged so that the Secretary of War 
 may, in his discretion, sell and dispose of any such sunken 
 
 1 Where a contract was about to be made -with a civilian for the removal, from a 
 harbor channel, of certain wrecks, not known to be fully abandoned (and directed 
 by act of Congress to be caused to be removed by the Secretary of War), and it was 
 proposed by the engineer officer in charge to stipulate in the contract that the wrecks 
 when removed should belong to the contractor, held that this could not properly be 
 done, the United States having no property in such wrecks (the same not being Gov- 
 ernment vessels), but simply a right to remove them as constituting obstructions to 
 commerce between the States. (Dig. Opin. J. A. Gen., 447, par. 3.) 
 
 In an opinion of the Attorney-General, of May 24, 1877 (15 Opins., 284), it is held 
 that the Secretary of War, where authorized by an approriation act to improve the 
 navigation of a navigable stream, may cause to be removed wrecks, not yet aban- 
 doned but still private property, if he considers them obstructions to navigation. 
 And see his later opinion of April 27, 1880 (16 Opins., 479), as to the authority of the 
 United States to improve navigable rivers to the disregard 'f individual rights of 
 property in the soil of the bed. See, also, Dig. J. A. Gen., p. 534, par. 16. 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 297 
 
 craft, vessel, or cargo, or property therein, before the rais- 
 ing or removal thereof, according to the same regulations 
 that are in the said act prescribed for the sale of the same 
 after the removal thereof; and all laws and parts of laws 
 inconsistent herewith are hereby repealed. Act of August 
 2, 1882 (22 Stat. L., 208). 
 
 834. Whenever the improvements provided for by this Fish- ways. 
 act, or those which have heretofore been prosecuted by the J888,v. 25 P u f 25?' 
 United States, or may hereafter be undertaken, shall be 
 found to operate (whether by lock and dam or otherwise), 
 as obstructions to the passage of fish, the Secretary of War 
 may, in his discretion, direct and cause to be constructed 
 practical and sufficient fish-ways, to be paid for out of the 
 general appropriations for the streams on which such fish- 
 ways may be constructed. Sec. 11, act of August llj 1888 
 (25 Stat. ., 425). 
 
 DEPOSITS IN NEW YORK HARBOR. 
 
 Par. 
 
 g35. Deposits in New York Harbor 
 forbidden; penalty. 
 
 836. Punishment of officer of boat. 
 
 837. Supervisors to designate place 
 
 of deposit ; permits. 
 
 838. Penalty for discharging else- 
 
 where. 
 
 839. Boats to carry name painted 
 
 on stern. 
 
 Par. 
 
 840. Inspectors. 
 
 841. Bribery; penalty. 
 
 842. Return of permits ; penalty. 
 
 843. Disposal of matter dredged. 
 
 844. Supervisor of harbor. 
 
 845. Fishing in ship channels for. 
 
 bidden. 
 
 846. Penalties. 
 
 847. Arrests. 
 
 835. That the placing, discharging, or depositing, by any 
 process or in any manner, of refuse, dirt, ashes, cinders, u .deposits in, 
 mud, sand, dredgings, sludge, acid, or any other matter of aity. 
 any kind, other than that flowing from streets, sewers, and i886,v.24, p. g 329 ; 
 passing therefrom in a liquid state, in the tidal waters of i888,v. 25^269! 
 the harbor of New York, or its adjacent or tributary waters, 
 or in those of Long Island Sound, within the limits which 
 shall be prescribed by the supervisor of the harbor, is 
 hereby strictly forbidden, and every such act is made a 
 misdemeanor, and every person engaged in or who shall 
 aid, abet, authorize, or instigate a violation of this section, 
 shall, upon conviction, be punishable by fine or imprison- 
 ment, or both, such fine to be not less than two hundred 
 and fifty dollars nor more than two thousand five hundred 
 dollars, and the imprisonment to be not less than thirty 
 days nor more than one year, either or both united, as the 
 judge before whom conviction is obtained shall decide, one 
 half of said fine to be paid to the person or persons giving 
 
298 THE MILITARY LAWS OF THE UNITED STATES. 
 
 information which shall lead to conviction of this misde- 
 meanor. 1 Sec. 1, act of June 29, 1888 (25 Stat. L., 209}. 
 Punishment of 836. That any and every master and engineer, or person 
 
 officer of boat. \ 
 
 Sec. 2, June 29, or persons acting in such capacity, respectively, on board 
 
 1888, v. 25, p. 209. 
 
 of any boat or vessel, who shall knowingly engage in tow- 
 ing any scow, boat, or vessel loaded with any such prohib- 
 ited matter to any point or place of deposit, or discharge 
 in the waters of the harbor of New York, or in its adjacent, 
 or tributary waters, or in those of Long Island Sound, or 
 to any point or place elsewhere than within the limits 
 denned and permitted by the supervisor of the harbor here- 
 inafter mentioned, shall be deemed guilty of a violation of 
 this act, and shall, upon conviction, be punishable as herein- 
 before provided for offenses in violation of section one of 
 this act, and shall also have his license revoked or suspended 
 for a term to be fixed by the judge before whom tried and 
 convicted. Sec. 2, act of June 29, 1888 (25 Stat. L., 209). 
 Supervisor to 837, That in all cases of receiving on board of any scows 
 
 designate place , .'.. 
 
 of deposit. or boats such forbidden matter or substance as herein 
 
 Sec. 3, June 29, , .. , . 
 
 1888, v. 25, p. 209; described, the owner or master, or person acting in such 
 1894, v, zs^'aeo 1 . capacity on board of such scows or boats, before proceed- 
 ing to take or tow the same to the place of deposit, shall 
 apply for and obtain from the supervisor of the harbor 
 
 Permits. appointed hereunder a permit defining the precise limits 
 within which the discharge of such scows or boats may be 
 made; and it shall not be lawful for the owner or master, 
 or person acting in such capacity, of any tug or towboat 
 to tow or move any scow or boat so loaded with such for- 
 bidden matter until such permit shall have been obtained; 
 
 Penalty. and every person violating the foregoing provisions of this 
 section shall be deemed guilty of a misdemeanor, and on 
 conviction thereof shall be punished by a fine of not more 
 than one thousand nor less than five hundred dollars, and 
 in addition thereto the master of any tug or towboat so 
 offending shall have his license revoked, or suspended for 
 a term to be fixed by the judge before whom tried aud 
 convicted. Sec. 3, act of August 17, 1894 (28 Stat. L., 360). 
 
 Penalty fordis- 838. And any deviation from such dumping or discharg- 
 
 charging else-. , . , . . . , 
 
 where. ing place specified in such permit shall be a misdemeanor, 
 
 and the owner and master, or person acting in the capacity 
 of master, of any scows or boats dumping or discharging 
 such forbidden matter in any place other than that speci- 
 fied in such permit shall be liable to punishment therefor 
 as provided in section one of the said Act of June twenty- 
 ninth, eighteen hundred and eighty-eight ; and the owner 
 and master, or person acting in the capacity of master, 
 
 1 See Dig. J. A. Gen., 533, parapraphs 13 and 14, and 20 Opin. Att. Gen., 293. 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 299 
 
 to e c tc ry 
 
 of any tug or towboat towing such scows or boats shall be 
 liable to equal punishment with the owner and master, or 
 person acting in the capacity of master, of the scows or 
 boats; and, further, every scowman or other employee on 
 board of both scows and towboats shall be deemed to have 
 knowledge of the place of dumping specified in such per- 
 mit, and the owners and masters, or persons acting in the 
 capacity of masters, shall be liable to punishment, as afore- 
 said, for any unlawful dumping, within the meaning of this 
 Act or of the said Act of June twenty-ninth, eighteen hun- 
 dred and eighty-eight, which may be caused by the negli- 
 gence or ignorance of such scowman or other employee; 
 and, further, neither defect in machinery nor avoidable 
 accidents to scows or towboats, nor unfavorable weather, 
 nor improper handling or moving of scows or boats of any 
 kind whatsoever, shall operate to release the owners and 
 masters and employees of scows and towboats from the 
 penalties hereinbefore mentioned. Ibid. 
 
 839. Every scow or boat engaged in the transportation of 
 dredgings, earth, sand, mud, cellar dirt, garbage, or other pa | 
 offensive material of any description shall have its name or 
 number and owner's name painted in letters and numbers 
 at least fourteen inches long on both sides of the scow or 
 boat; these names and numbers shall be kept distinctly 
 legible at all times, and no scow or boat not so marked 
 shall be used to transport or dump any such material. Ibid. 
 
 840, The supervisor of the harbor of New York, designated inspectors. 
 as provided in section five of the said Act of June twenty- 
 
 ninth, eighteen hundred and eighty-eight, is authorized and 
 directed to appoint inspectors and deputy inspectors, and, 
 for the purpose of enforcing the provisions of this Act and 
 of the Act aforesaid, and of detecting and bringing to 
 punishment oifenders against the same, the said supervisor 
 of the harbor, and the inspectors and deputy inspectors so 
 appointed by him, shall have power and authority: 
 
 First. To arrest and take into custody, with or without 
 process, any person or persons who may commit any of the 
 acts or offenses prohibited by this section and by the Act 
 of June twenty-ninth, eighteen hundred and eighty-eight, 
 aforesaid, or who may violate any of the provisions of the 
 same : Provided, That no person shall be arrested without 
 process for any offense not committed in the presence of 
 the supervisor or his inspectors or deputy inspectors, or 
 either of them : And provided further ', That whenever any 
 such arrest is made the person or persons so arrested shall 
 be brought forthwith before a commissioner, judge or court 
 
 Ibid. 
 
 Duties. 
 Arrests. 
 
300 THE MILITARY LAWS OF THE UNITED STATES. 
 
 of the United States for examination of the offenses alleged 
 against him; and such commissioner, judge^ or court shall 
 proceed in respect thereto as authorized by law in case of 
 crimes against the United States. 
 
 seizure of Second. To go on board of any scow or towboat engaged 
 in unlawful dumping of prohibited material, or in moving 
 the same without a permit as required in this section of 
 this Act, and to seize and hold said boats until they are 
 discharged by action of the commissioner, judge, or court 
 of the United States before whom the offending persons are 
 brought. 
 
 custodyofwit- Third. To arrest and take into custody any witness or 
 witnesses to such unlawful dumping of prohibited material, 
 the said witnesses to be released under proper bonds. 
 
 Accompanying Fourth. To go on board of any towboat having in tow 
 scows or boats loaded with such prohibited material, and 
 accompany the same to the place of dumping, whenever 
 such action appears to be necessary to secure compliance 
 with the requirements of this Act and of the Act aforesaid. 
 
 inspecting gas, Fifth. To enter gas and oil works and all other manu- 
 facturing works for the purpose of discovering the disposi- 
 tion made of sludge, acid, or other injurious material, when- 
 ever there is good reason to believe that such sludge, acid, 
 or other injurious material is allowed to run into the tidal 
 waters of the harbor in violation of section one of the afore- 
 said Act of June twenty-ninth, eighteen hundred and 
 eighty-eight. Ibid. 
 
 Bribery; pen- 841. Every person who, directly or indirectly, gives any 
 
 ibid. sum of money or other bribe, present, or reward or makes 
 
 any offer of the same to any inspector, deputy inspector, or 
 other employee of the office of the supervisor of the harbor 
 with intent to influence such inspector, deputy inspector, 
 or other employee to permit or overlook any violation of 
 the provisions of this section or of the said Act of June 
 twenty-ninth, eighteen hundred and eighty-eight, shall, on 
 conviction thereof, be fined not less than five hundred dol- 
 lars nor more than one thousand dollars, and be imprisoned 
 not less than six months nor more than one year. Ibid. 
 
 Return of per- 842. Every permit issued in accordance with the provi- 
 
 ibid. sions of this section of this Act which may not be taken up 
 
 by an inspector or deputy inspector shall be returned within 
 forty-eight hours after issuance to the office of the super- 
 visor of the harbor ; such permit shall bear an indorsement 
 by the master of the towboat, or the person acting in such 
 capacity, stating whether the permit has been used, and if 
 
 Penalty. so the time and place of dumping. Any person violating 
 
THE MILITARY LAWS OF THE UNITED STATES. 301 
 
 the provisions of this section shall be liable to a fine of not 
 more than five hundred dollars nor less than one hundred 
 dollars. Ibid. 
 
 843. That all mud, dirt, sand, dredgings, and material of Disposal of 
 every kind and description whatever taken, dredged, or m lec e 4, /uneSoi 
 excavated from any slip, basin, or shoal in the harbor of 1888> Vt 25) p> 210 ' 
 New York, or the waters adjacent or tributary thereto, and 
 
 placed on any boat, scow, or vessel for the purpose of being 
 taken or towed upon the waters of the harbor of New York 
 to a place of deposit, shall be deposited and discharged at 
 such place or within such limits as shall be defined and 
 specified by the supervisor of the harbor, as in the third 
 section of this act prescribed, and not otherwise. Every 
 person, firm, or corporation being the owner of any slip, 
 basin, or shoal, from which such mud, dirt, sand, dredgings, 
 and material shall be taken, dredged, or excavated, and 
 every person, firm, or corporation in any manner engaged in 
 the work of dredging or excavating any such slip, basin, or 
 shoal, or of removing such mud, dirt, sand, or dredgings 
 therefrom, shall severally be responsible for the deposit 
 and discharge of all such mud, dirt, sand, or dredgings at 
 such place or within such limits so defined and prescribed 
 by said supervisor of the harbor ; and for every violation 
 of the provisions of this section the person offending shall 
 be guilty of an offense against this act, and shall be pun- 
 ished by a fine equal to the sum of five dollars for every 
 cubic yard of mud, dirt, sand, dredgings, or material not 
 deposited or discharged as required by this section. Any 
 boat or vessel used or employed in violating any provision 
 of this act, shall be liable to the pecuniary penalties im- 
 posed thereby, and may be proceeded against summarily 
 by way of libel in any district court of the United States, 
 having jurisdiction thereof. 1 Sec. 4, act of June 39,1888 
 (25 Stat. L., 210). 
 
 844. That a line officer of the Navy shall be designated t -^^ T f 
 by the President of the United States as supervisor of the Sec - 5 . ibid - 
 harbor, to act under the direction of the Secretary of War 
 
 in enforcing the provisions of this act, and in detecting 
 offenders against the same. This officer shall receive the 
 sea-pay of his grade, and shall have personal charge and 
 supervision under the Secretary of War, and shall direct . . 
 
 1 Where ashes are dumped, in an unlawful place, from the deck of an ocean steamer 
 by her firemen, presumably acting under orders from some superior officer of the 
 steamer, the steamer at thie time being engaged in performing a freighting voyage 
 to sea, and the dumping of ashes accumulated at her furnace oeing a necessary in- 
 cident of her navigation, the statute takes effect and renders the steamer liable as 
 having herself violated the law. The Bombay. 46 Fed. Rep., 665. See, also, case of 
 the Anjer Head, 46 Fed. Rep,, 664. See, also, i>ig. J. A. Gen., 533, par. 14, and 20 Opin. 
 Att. Gen., 293. 
 
302 
 
 THE MILITARY LAWS OP THE UNITED STATES. 
 
 the patrol boats and other means to detect and bring to 
 punishment offenders against the provisions of this act. 
 Sec. 5, ibid. 
 Fishing, etc., 845. It shall be unlawful for any person or persons to 
 
 in ship channels . , . , , . j. i n .a i <? A-I 
 
 forbidden. engage in fishing or dredging for shell fish in any of the 
 i894, C v 2 28, p?36o! channels leading to and from the harbor of New York, or 
 to interfere in any way with the safe navigation of those 
 channels by ocean steamships and ships of deep draft. 
 
 Penalties. 846. Any person or persons violating the foregoing pro- 
 
 visions of this section shall be deemed guilty of a misde- 
 
 ibid. meanor, and on conviction thereof shall be punished by 
 
 fine or imprisonment, or both, such fine to be not more than 
 two hundred and fifty dollars nor less than fifty dollars, and 
 the imprisonment to be not more than six months nor less 
 than thirty days, either or both united, as the judge before 
 whom conviction is obtained shall decide. Ibid. 
 
 Arrests. 847. It shall be the duty of the United States Supervisor 
 
 of the harbor to enforce this Act, and the deputy inspectors 
 of the said supervisor shall have authority to arrest and 
 take into custody, with or without process, any person or 
 persons who may commit any of the acts or offenses pro- 
 
 Process. hibited by this Act: Provided, That no person shall be 
 arrested without process for any offense not committed in 
 the presence of the supervisor or his inspector or deputy 
 inspectors, or either of them : And provided further, That 
 
 proceedings, whenever any such arrest is made the person or persons so 
 arrested shall be brought forthwith before a commissioner, 
 judge, or court of the United States for examination of 
 the offenses alleged against him; and such commissioner, 
 judge, or court shall proceed in respect thereto as author- 
 ized by law in case of crimes against the United States. 
 Sec. 2, act of August 17, 1894 (28 Stat. L., 360). 
 
 ANCHORAGE GROUNDS. 
 
 Par. I Par. 
 
 848-849. Anchorage grounds in I 853. Unlawful deposits forbid- 
 
 Chicago Harbor. den. 
 
 850-851. Anchorage grounds in j 854. Penalty. 
 
 New York Harbor. 
 852. Harbor regulations for the 
 District of Columbia. 
 
 855. Limitation. 
 
 ANCHORAGE GROUNDS IN CHICAGO HARBOR. 
 
 848> That the Secretary of the Treasury be authorized 
 ed and directe d to define and establish anchorage grounds 
 
 the Treasury ffor vessels in the harbors of Chicago, and waters of Lake 
 
 27 Feb 43i' 18 ^' v ' Michi S an adjacent thereto, to adopt suitable rules and reg- 
 
 ulations in relation to the same, and also to adopt suitable 
 
THE MILITARY LAWS OF THE UNITED STATES. 303 
 
 rules and regulations governing the use of marked inshore 
 channels in Lake Michigan in front of the city of Chicago, 
 and to take all necessary measures for the proper enforce- 
 ment of such rules and regulations. Act of February 6, 
 1893(27 Stat. L.,431). 
 
 849. That in the event of the violation of any such rules , Penalty for vio- 
 
 J lation of rules. 
 
 or regulations by the owner, master, or person in charge Sec - 2 > ibid - 
 of any vessel, such owner, master, or person in charge of 
 such vessel shall be liable to a penalty of one hundred 
 dollars, and the said vessel may be holden for the payment 
 of such penalty, and may be seized and proceeded against 
 summarily by libel for the recovery of the same in any 
 United States district court for the district within which 
 such vessel may be, and in the name of the officer desig- 
 nated by the Secretary of the Treasury. Sec. 2, ibid. 
 
 ANCHORAGE GROUNDS IN NEW YORK HARBOR. 
 
 850. That the Secretary of the Treasury is authorized, Anchorage 
 empowered, and directed to define and establish an anchor- St "wished by 
 age ground for vessels in the bay and harbor of New York, the lYeasuT/ 
 and in the Hudson and East rivers, to adopt suitable 2s!p?i5i?' 1888> v ' 
 rules and regulations in relation thereto, and to take all 
 necessary measures for the proper enforcement of such 
 
 rules and regulations. Act of May 16, 1888 (25 Stat. L., 151). 
 
 851. That in the event of the violation of any such rules Penalty. 
 
 Sec. 2, ibid. 
 
 or regulations by the owner, master, or person in charge 
 of any vessel, such owner, master, or person in charge of 
 such vessel shall be liable to a penalty of one hundred dol- 
 lars, and the said vessel may be holden for the payment of 
 such penalty, and may be seized and proceeded against 
 summarily by libel for the recovery of the same in any 
 United States district court for the district in which such 
 vessel may be, and in the name of the officer designated 
 by the Secretary of the Treasury. Sec. 2, ibid. 
 
 HARBOR REGULATIONS FOR THE DISTRICT OF COLUMBIA. 
 
 852. That it shall be unlawful for any owner or occupant t^^J^.*' 
 of any wharf or dock, any master or captain of any vessel, trictof Columbia, 
 or any person or persons to cast, throw, drop, or deposit 29, P a 'i26.' 
 any ballast, dirt, oyster shells, or ashes in the water in any 
 
 part of the Potomac River or its tributaries in the District 
 of Columbia, or on the shores of said river below high- water 
 mark, unless for the purpose of making a wharf, after per- 
 mission has been obtained from the Commissioners of the 
 District of Columbia for that purpose, which wharf shall be 
 
304 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 sufficiently inclosed and secured so as to prevent injury to 
 navigation. Act of May 19, 1896 (29 Stat. L., 126). 
 unlawful de- 853. That it shall be unlawful for any owner or occupant 
 
 posits forbidden. 
 
 Sec.2,iMd. of any wharf or dock, any captain or master of any vessel, 
 or any other person or persons to cast, throw, deposit, or 
 drop in any dock or in the waters of the Potomac Kiver or 
 its tributaries in the District of Columbia any dead fish, 
 fish offal, dead animals of any kind, condemned oysters 
 in the shell, watermelons, cantaloupes, vegetables, fruits, 
 shavings, hay, straw, ice, snow, filth, or trash of any kind 
 whatsoever. Sec. 2, ibid. 
 
 854. That any person or persons violating any of the 
 provisions of this act shall be deemed guilty of a misde- 
 meanor, and on conviction thereof in the police court of the 
 District of Columbia shall be punished by a fine not exceed- 
 ing one hundred dollars or by imprisonment not exceeding 
 six months, or by both such punishments, in the discretion 
 of the court. Sec. ?, ibid. 
 
 855. That nothing in this act contained shall be construed 
 to interfere with the work of improvement in or along the 
 said river and harbor, under the supervision of the United 
 States Government. Sec. 4, ibid. 
 
 Penalty. 
 Sec. 3, ibid. 
 
 Limitation. 
 Sec. 4, ibid. 
 
CHAPTER XXII. 
 
 THE ORDNANCE DEPARTMENT THE BOARD OF 
 
 ORDNANCE AND FORTIFICATION, ARMS, 
 
 ARMORIES, AND ARSENALS. 
 
 THE ORDNANCE DEPARTMENT. 
 
 Par. 
 
 856. The Ordnance Department; 
 
 composition ; examinations. 
 
 857. Promotions; examinations for 
 
 promotion. 
 
 858. Duties of Chief of Ordnance. 
 
 859. Issues. 
 
 860. Depots. 
 
 861. Semiannual reports. 
 
 862. Pay of principal assistant to 
 
 Chief of Ordnance . 
 
 863. Rank of ordnance storekeep- 
 
 ers. 
 
 864. Storekeepers may act as pay- 
 
 masters. 
 
 865. Ordnance-sergeants. 
 
 866. How selected. 
 
 867. Enlisted men of ordnance. 
 
 Par. 
 
 868. Detail of artificers. 
 
 869. Returns of ordnance. 
 
 870. Reports of damages. 
 
 871. Cost of repairs to be de- 
 
 ducted, etc. 
 
 872. Purchases not exceeding $200 
 
 in amount ; how made. 
 
 873. Sale of unserviceable ord- 
 
 nance stores. 
 
 874. Exchange or sale of unserv- 
 
 iceable powder and shot. 
 
 875. Sale of useless ordnance ; pro- 
 
 ceeds available for pur- 
 chases of new material. 
 
 876. Loans or gifts of condemned 
 
 ordnance authorized. 
 
 ordnance De- 
 
 1815> v< 
 
 C 
 
 856. That the Ordnance Department shall consist of one 
 Chief of Ordnance, with the rank, pay, and emoluments 
 a brigadier-general 5 three colonels, four lieutenant-colonels 
 ten majors, twenty captains, sixteen first lieutenants; and i 8 74, C vi 
 all vacancies which may hereafter exist in the grade of Sec 1159 > B - 8 ' 
 first lieutenant in said Department shall be filled by trans- 
 fer from the line of the Army j 1 Provided, That no appoint- 
 ment or promotion in said Department shall hereafter be 
 made until the officer or person so appointed [or promoted] 
 shall have passed a satisfactory examination before a board Examinations. 
 of ordnance-officers senior to himself. 1 Sec. 5, act of June 
 23, 1874 (18 Stat. L., 245). 
 
 1 The Department was reorganized by section 5 of the act of June 23, 1874 (18 Stat. 
 L., 245), which replaced the provisions of section 1159, Revised Statutes, in respect to 
 the same subject. See, also, Scott's Digest, par. 401, notes. 
 
 Examinations for promotion in this Department are now regulated by the acts of 
 October 1, 1890 (26 Stat. L. 562), and July 27, 1892 (27 Stat. L., 276). 
 
 Vacancies in the lowest grade in the Ordnance Department are filled by the 
 appointment of officers from the line of the Army who have passed a satisfactory 
 examination of the kind prescribed in this section. The conditions of appointment 
 and examination are set forth in the following paragraphs of the Army Regulations 
 of 1895 : 
 
 Vacancies in the grade of first lieutenant of ordnance are filled by transfer from 
 
 305 
 
 1919 20 
 
306 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Examination 957. That the examination of officers of the Corps of 
 
 of certain officers 
 
 of Engineers and Engineers and Ordnance Department, who were omcers or 
 sec?2?juiy 27, enlisted men in the regular or volunteer service, either in 
 
 1892, v. 27, p. 276. tlie Army? Kavy, or the Marine Corps, during the war of the 
 rebellion, shall be conducted by boards composed in the same 
 manner as for the examination of other officers of their re- 
 spective corps or department; and the examinations shall 
 embrace the same subjects prescribed for all other officers 
 of similar grades in the Corps of Engineers and Ordnance 
 Department, respectively. 1 Sec. , act of July 27, 1892 (27 
 Stat. L., 276). 
 Duties of chief 858. It shall be the duty of the Chief of Ordnance to 
 
 f iS?Ti8i5. c. furnish estimates, and, under the direction of the Secretary 
 
 38 Secfii64, P B!l.' ot War, to make contracts and purchases, for procuring 
 the necessary supplies of ordnance and ordnance stores, 
 for the use of the armies of the United States ; to direct the 
 inspection and proving of the same, and to direct the con- 
 struction of all cannon and carriages, ammunition-wagons, 
 traveling forges, artificers' wagons, and of every implement 
 and apparatus for ordnance, and the preparation of all 
 kinds of ammunition and ordnance stores constructed or 
 prepared for said service. 
 issues. 859. The Chief of Ordnance, or the senior officer of that 
 
 38 F 8 e 5', v! alp^oa! corps for any district, shall execute all orders of the Secre- 
 
 Sec. nee, B. s. ^y ^ War, and, in time of war, the orders of any general 
 or field officer commanding an army, garrison, or detach- 
 ment, for the supply of all ordnance and ordnance stores 
 for garrison, field, or siege service. 
 
 Depots. 860. The Chief of Ordnance, under the direction of the 
 
 Feb. 8, 1815, c. ~ ,,. *.-*'* r> ^ 
 
 38, s. 9, v. 3, p. 204. Secretary ot War, may establish depots of ordnance and 
 ec.H65,B.s. or{ j nance stores in such parts of the United States, and in 
 such numbers, as may be deemed necessary. 
 
 the line of the Army. To be eligible, an officer must be less than 30 years of age, 
 must have served at least two years as an officer in the line of the Army, and must 
 have passed a satisfactory examination before a board of ordnance officers. Appli- 
 cations for examination will be made to the Adjutant-General of the Army. (Par. 
 1489, A. K., 1895.) 
 
 Should the applicant be directed to appear before a board, he will, after passing a 
 satisfactory preliminary examination as to his physical qualifications, be examined 
 upon the following, or such other subjects as the Secretary of War may prescribe: 
 Gun construction, present and past state of the art ; ballistics and ballistic machines ; 
 types of projectiles and gun carriages ; gunpowder, types and modes of manufacture ; 
 small arms and machine guns ; employment of artillery, kinds of fire, etc. ; armored 
 defenses; materials for ordnance construction and processes of manufacture ; torpe- 
 does for coast defenses; general principles of mechanics. (Par. 1490, ibid.) 
 
 The acts of June 23, 1874, March 3, 1875, and June 26, 1876, reorganizing the staff 
 corps, provide "that no officer now in service shall be reduced in rank or mustered 
 put by reason of any provisions of law therein made reducing tbe number of officers 
 in any department or corps of the Army." There are now in service, in excess of 
 the number allowed by these acts, one military storekeeper, captain, in the Quarter- 
 ' 
 
 . , . ., 
 
 258), the ordnance storekeeper on duty iu Washington as disbursing officer and 
 assistant to the Chief of Ordnance was given the rank of major. 
 
 Promotions to the grade of colonel in this Department are made by seniority, sub- 
 ject, in the grades of captain and major, to the examinations required by the acts of 
 October 1, 1890 (26 Stat. L., 562), and July 27, 1892 (27 Stat. L., 276). Officers of the 
 Ordnance Department after fourteen years' continuous service as lieutenants are 
 entitled to the benefits of section 1207, Revised Statutes. (See paragraph 700, ante.) 
 
 1 For other statutory provisions respecting examinations, see paragraph 856, ante, 
 and the chapters entitled THE STAFF DEPARTMENTS and THE ENGINEER DEPARTMENT. 
 
THE MILITARY LAWS OF THE UNITED STATES. 307 
 
 861. The Chief of Ordnance shall, half-yearly, or oftener ^semiannual . 
 if so directed, make a report to the Secretary of War of o /eb. s, isis, o. 
 
 . . ^8, s. 8, v. 3, p. 204; 
 
 all the officers and enlisted men in his department of the Feb. 27,1377,0. 69, 
 service, and of all ordnance and ordnance stores under his V Sec. P ii67',B.s. 
 control. 
 
 862. The principal assistant in the Ordnance Bureau ? & y <? f princi- 
 
 pal assistant to 
 
 shall receive a compensation, including pay and emolu- chief of ord- 
 ments, not exceeding that of a major of ordnance. 19 p 243 ^mif s.' 
 
 863. The ordnance store-keeper at Springfield armory Rank of ord- 
 shall have the rank of major of cavalry and the ordnance keepers. 8 
 store-keeper now on duty in Washington as disbursing offi- U ^ T ' 7 \ 18 ^' c- 
 cer and assistant to the Chief of Ordnance, United States 423 '; ^ar. 3, i86?i 
 Army, shall hereafter have the rank of major. Act ofpwf Ju 23', 
 
 June 6', 1896 (29 Stat. L., 260.) All other ordnarce store- sv. p.245'; 
 keepers shall have the rank of captain of cavalry 2^ n p. 2'eo 1 96) v ' 
 
 Sec. 1159, E.S. 
 
 864. Any number, not exceeding six, of the ordnance storekeepers 
 
 may act as pay- 
 
 storekeepers may be authorized to act as paymasters at masters. 
 
 . .. . Sec. 1161; U.S. 
 
 armories and arsenals. 
 
 ENLISTED MEN OF ORDNANCE. 
 
 865. There shall bean ordnance-sergeant for each mili- 
 
 tary post, whose duty it shall be to take care of the ord- an j u - 1866 c 
 nance, arms, ammunition, and other military stores at such 333'. \ 7 p ' r V 5 Y&l' 
 post, under the direction of the commanding officer^ and j?^ 7 ' 8> 2 ' v ' 4 ' P' 
 according to regulations prescribed by the Secretary of sec. 1109, B.S. 
 War. 1 
 
 866. Ordnance- sergeants shall be selected by the Sec- JT I el i832 d c 
 retary of War from the sergeants of the line who ^an^^^wjl 
 have served faithfully for eight years, including four years 19 . P- 24> 2- 
 
 in the grade of non-commissioned officer, and shall be 
 assigned to their stations by him. 
 
 867. The Chief of Ordnance may enlist as many sergeants Of ^rdn a 1?ce men 
 of ordnance, corporals of ordnance, and first and second Junei8,i846,c. 
 class privates of ordnance, as the Secretary of War may July 5^1862,' 133 j 
 
 /li,+ 8. 3,v. 12, p. 508, 
 
 direct. July 28, 1866, c. 299, s. 21, v. 14, p. 335; June 23, 1874, c. 458, s. 
 
 5, v. 18, p. 245 ; Feb. 27, 1877, c. 69, v. 19, p. 242. Sec. 1162, R.S. 
 
 868. The Chief of Ordnance, subject to the approval o f ce J 8 etailofartifi - 
 the Secretary of War, shall organize and detail to regi- g/^v'a^los- 
 ments, corps, or garrisons such numbers of ordnance Feb.' 27, ^7,0.69! 
 enlisted men, furnished with proper tools, carriages, and sec. lies', R.S. 
 apparatus, as may be necessary, and shall make regulations 
 
 for their government. 
 
 1 For pay and allowances of ordnance-sergeants, see the chapters entitled THE 
 PAY DEPARTMENT, THE QUARTERMASTER'S DEPARTMENT, and THE SUBSISTENCE 
 DEPARTMENT. 
 
308 THE MILITARY LAWS OF THE UNITED STATES. 
 
 ACCOUNTABILITY FOR PROPERTY. 
 
 Returns of 869. The Chief of Ordnance shall, half-yearly, or oftener 
 or Feb n< 8!'i8i5, c. if so directed, make a report to the Secretary of War of all 
 Seb! ^iaT^w! the officers and enlisted men in his department of the 
 v 'sccFii67',B.s. service, and of all ordnance and ordnance stores under his 
 control. Every officer of the Ordnance Department, every 
 ordnance-store keeper, every post ordnance sergeant, each 
 keeper of magazines, arsenals, and armories, every assistant 
 and deputy of such, and all other officers, agents, or persons 
 who shall have received or may be entrusted with any 
 stores or supplies, shall quarterly, or oftener if so directed, 
 and in such manner and on such forms as may be directed 
 or prescribed by the Chief of Ordnance, make true and 
 correct returns to the Chief of Ordnance of all ordnance- 
 arms, ordnance-stores, and all other supplies and property 
 of every kind, received by or intrusted to them and each of 
 them, or which may in any manner come into their and 
 each of their possession or charge. The Chief of Ordnance, 
 subject to the approval of the Secretary of War, is hereby 
 authorized and directed to draw up and enforce in his 
 department a system of rules and regulations for the gov- 
 ernment of the Ordnance Department, and of all persons 
 in said department, and for the safe-keeping and preserva- 
 tion of all ordnance property of every kind, and to direct 
 and prescribe the time, number, and forms of all returns 
 and reports, and to enforce compliance therewith. 1 
 Reports of 870. Every officer commanding a regiment, corps, garri- 
 J Fei? e l 1 ' 1815, c. son, or detachment shall make, once every two months, or 
 
 if so directed, a report to the Chief of Ordnance, 
 stating all damages to arms, equipments, and implements 
 belonging to his command, noting those occasioned by 
 negligence or abuse, and naming the officer or soldier 
 by whose negligence or abuse the said damages were 
 occasioned. 
 cost of repairs 871. The cost of repairs or damages done to arms, equip- 
 
 to be deducted 
 
 from pay of offi- ments. or implements, shall be deducted from the pay of 
 
 cer or soldier. ^ IT. i 
 
 Sec. 1803, B.S. any officer or soldier in whose care or use the same were 
 when such damages occurred, if said damages were occa- 
 sioned by the abuse or negligence of said officer or soldier. 
 
 PURCHASES. 
 
 Purchases not 872. Purchase of ordnance and ordnance stores and sup- 
 
 exceeding $200 in 
 
 amount; how plies may be made by the Ordnance Department in open 
 
 made. , , . ., 
 
 Aug. e, 1895, v. market, in the manner common among business men, when 
 the aggregate of the amount required does not exceed two 
 
 1 For statutory provisions on the subject of property returns, see the act of March 
 29, 1894 (28 Stat. L., 42) ; see also the chapter entitled THE PUBLIC PROPERTY. 
 
THE MILITARY LAWS OF THE UNITED STATES. 309 
 
 hundred dollars, but every such purchase shall be immedi- 
 ately reported to the Secretary of War. 1 Act of August 6, 
 1895 (28 Stat. L., 242). 
 
 SALES OF OBSOLETE, UNSERVICEABLE, AND UNSUITABLE MATERIAL. 
 
 873. That from and after the passage of this act the Sec- 
 
 retary of War be, and he is hereby, authorized and directed 22 1874 
 to be caused to be sold in such manner, and at such times is, P. 200.' 
 and places, and in such quantities, as shall most conduce 
 to the interest of the United States, all .obsolete and 
 unserviceable ammunition and leaden balls, and the sur- 
 plus of pig lead in excess of two thousand tons now stored 
 in the various arsenals of the United States, and to cause 
 the net proceeds of such sale, after paying all costs and 
 expenses of breaking up and preparing said ammunition 
 for sale, and all the necessary expenses of such sale, includ- 
 ing the cost of transportation to the place of sale, to be 
 covered into the Treasury of the United States with full 
 accounts of said expenses. 2 Act of June 22, 1874 (18 Stat. 
 L., 200). 
 
 874. And the Secretary of War is hereby authorized, in s ^?SSrvi^ 
 his discretion, to exchange the unserviceable and unsuita- jj| powder and 
 ble powder and shot on hand for new powder and projectiles, 21 Ma g g 3 ' 1881 v - 
 or to sell the same and purchase similar articles with the 
 proceeds of the sales; and he shall make statement of his 
 
 action under this provision in his next annual report. Act 
 of March 3, 1881 (21 Stat. L., 468). 
 
 875. That the Secretary of the Navy is authorized to dis- gJ^J* U8elesa 
 pose of the useless ordnance material on hand at public sale 
 according to law. * * * And in the case of the sale of Proceeds avaii- 
 
 __ _ ,, , .able for purchase 
 
 like materials m the War Department, the proceeds of of new material, 
 which shall be turned into the Treasury, an amount equal is, p. 888. 
 to the net proceeds of such sale is hereby appropriated for 
 the purpose of procuring a supply of material adapted in 
 manufacture and calibre to the present wants of the war 
 service : And there shall be expended in the War Depart- 
 
 >For general provisions respecting the procurement of supplies and sei vices, aee 
 the chapter entitled CONTRACTS AND PURCHASES. See. also, paragraphs 877-891, post. 
 For a rule, similar to the above, in respect to purchases in open market, see the act 
 of July 16, 1892 (27 Stat. L., 182). 
 
 '"For rules respecting the disposition of damaged stores or stores that are unsuita- 
 ble for the public service, see the chapter entitled THE PUBLIC PROPERTY; for rules 
 as to the disposition of the proceeds of the sale of condemned property, see the chap- 
 ter entitled THE TREASURY DEPARTMENT. 
 
 CLERICAL SERVICES. 
 
 The employment of clerical services in the Ordnance Department is regulated in 
 the annual acts of appropriation. The amount to be expended for such services 
 was fixed at $65,000 by the acts of March 3, 1883, July 5, 1884, and March 3, 1885; at 
 $60,000 by the acts of June 30, 1886, February 9, 1887, September 22, 1888, March 2, 
 1889, June 13, 1890, February 24, 1891, July 16, 1892, February 27, 1 
 February 12, 1895, and March 16, 1896. 
 
 OF THE 
 
 UNIVERSITY 
 
310 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 ment, under this provision, not more than seventy-five 
 thousand dollars in any one year. 1 Act of March 3, 1875 
 (18 Stat. L., 388). 
 Loans or gifts 876. That the Secretary of War and the Secretary of the 
 
 of condemned -I-JI-T . 
 
 ordnance, etc., Navy are each hereby authorized, in their discretion, to 
 May 22, 1896, v. loan or give to soldiers' monument associations, posts of the 
 
 29, p. 133. Grand Army of the Republic, and municipal corporations 
 
 condemned ordnance, guns, and cannon balls which may 
 not be needed in the service of either of said Departments. 
 Such loan or gift shall be made subject to rules and regu- 
 lations covering the same in each Department, and the 
 Government shall be at no expense in connection with any 
 such loan or gift. Act of May 22, 1896 (29 Stat. ., 133). 
 
 THE BOARD OF ORDNANCE AND FORTIFICATION. 
 
 Par. 
 
 877. 
 
 878. 
 879. 
 880. 
 881. 
 
 884. 
 
 25,p?489. ' 
 
 Duties. 
 
 Board of Ordnance and For- 
 tification; duties; expend- 
 itures. 
 
 Additional civilian member. 
 
 Annual report. 
 
 Investigations by the Board. 
 
 Proving ground at Sandy 
 Hook. 
 
 Expenses of officers, etc., at 
 proving ground. 
 
 Purchases to be of American 
 manufacture; exception. 
 
 No member to be interested 
 in device, etc., before Board. 
 
 Par. 
 
 885. 
 886. 
 
 887. 
 
 890. 
 891. 
 
 Right to use inventions. 
 
 Contracts for steel guns of 
 large caliber authorized. 
 
 Contracts for breach-loading 
 mortar of mortar steel au- 
 thorized. 
 
 Contracts for steel forgings 
 authorized. 
 
 Caliber, etc , of guns required 
 for service to be determined 
 by Secretary of War. 
 
 Public tests of rifled cannon. 
 
 Sale of smoothbore cannon 
 for experimental purposes. 
 
 the appropriations hereinafter provided for 
 shall be available until expended and shall be expended 
 under the direct supervision of a board to consist of the 
 commanding General of the Army, an officer of Engineers, 
 an officer of Ordnance, and an officer of Artillery, to be 
 selected by the Secretary of War, to be called and known 
 as the Board of Ordnance and Fortification; and said 
 Board shall be under the direction of the Secretary of War 
 and subject to his supervision and control in all respects, 
 and shall have power to provide suitable regulations for 
 the inspection of guns and materials at all stages of manu- 
 facture to the extent necessary to protect fully the interests 
 of the United States, and generally to provide such regula- 
 tions concerning matters within said Board's operations as 
 shall be necessary to carry out to the best advantage all 
 duties committed to its charge: Provided, That subject to 
 
 1 The authority conferred by this statute was repealed, as to the Secretary of the 
 Navy, by section 2 of the act of August 5, 1882 (22 Stat. L., 284). 
 
THE MILITARY LAWS OF THE UNITED STATES. 311 
 
 the foregoing provisions the expenditure shall be made by Expenditures. 
 the several bureaus of the War Department having juris- 
 diction of the same under existing law. Act of September 
 22, 1888 (25 Stat. L., 489}. 
 
 878. N And one additional member shall be added to said 1 ci 
 
 Board of Ordnance and Fortification who shall be a civilian Feb. 24, 
 and not an ex-officer of the regular Army or Navy, and he 
 shall be nominated by the President, and by and with the 
 advice and consent of the Senate, appointed, and shall be 
 paid a salary of five thousand dollars per annum and actual 
 traveling expenses when traveling on duty. Act of Febru- 
 ary 24, 1891 (26 Stat. ., 769). 
 
 879. That the Board of Ordnance and Fortification shall Annual report. 
 make an annual report to Congress through the Secretary of 
 
 War, on the first Monday in December in each year, show- 
 ing the general operations of the Board and shall give a 
 detailed statement of all contracts, allotments and expend- 
 itures made by the Board ; the first of these reports to cover 
 these subject matters from the beginning of the operations 
 by the Board until the first report which they shall make. 
 Ibid. 
 
 880. The Board is authorized to make all needful and investigations 
 proper purchases, investigations, experiments, and tests, by sec. 6 2 B sept.' 22, 
 to ascertain with a view to their utilization by the Govern- 1888> V - 25 P- 491 - 
 ment, the most eifective guns, including multicharge guns 
 
 and the conversion of Parrott and other guns on hand, 
 
 small arms, cartridges, projectiles, fuzes, explosives, torpe- 
 
 does, armor-plates, and other implements and engines of 
 
 war; and the Secretary of War is hereby authorized to 
 
 purchase or cause to be manufactured, such guns, carriages, 
 
 armor-plates, and other war materials and articles as may, 
 
 in the judgment of said Board, be necessary in the proper 
 
 discharge of the duty herein devolved upon them: Pro- 
 
 vided, That the amount expended and liabilities incurred 
 
 in such purchases, investigations, experiments, and tests 
 
 shall not exceed five hundred thousand dollars which sum 
 
 is hereby appropriated : Provided further, That said Board 
 
 shall test, and if found satisfactory, shall purchase two 
 
 breach loading field guns of three and two tenths inch bore Aluminum 
 
 of aluminum bronze. 1 Sec. 2, act of September 22, 1888 (25 bronze s uns - 
 
 Stat. L., 491). 
 
 J By several acts of appropriation the powers of the Board of Ordnance and Fortifi 
 cation have been reduced and defined. By the act of February 24, 1891 (26 Stat. L., 
 767) , the appropriations of the Engineer Department, for gun and mortar batteriea and 
 for sites of fortifications, have been withdrawn from the supervision of the Board ; 
 by the act of July 23, 1892 (27 Stat. L., 260), all regular appropriations of the Ordnance 
 Department for the armament of fortifications were similarly withdrawn from its 
 supervision. See, also, the acts of February 18, 1893 (27 Stat. L., 461), August 1, 1894 
 (28 Ibid., 215), March 2, 1895 (Ibid., 706), and J une 6, 1896 (29 Ibid., 259), for similar pro- 
 visions of statutes in which the Board is specially charged with the supervision of 
 stated funds and with the general expenditure of funds appropriated for experimental 
 purposes. 
 
312 THE MILITARY LAWS OF THE UNITED STATES. 
 
 881. The Board of Ordnance and Fortification is hereby 
 directed to examine and report upon a site or sites for 
 
 Proving ground 
 
 at sandy Hook, ordnance testing and proving ground to be used in the 
 
 Mar. 2, 1889, v. 
 
 25, p. 833. testing and proving of heavy ordnance, having in view in 
 
 the selection of said site or sites their accessibility by land 
 and water, means of transportation, and suitability for the 
 purpose intended, and also the actual and reasonable cost, 
 and value of the land embraced in said site or sites and 
 the least sum for which the same can be procured. Said 
 Board shall report thereon to the Secretary of War, to be 
 submitted to Congress at its next session ; and in case the 
 said Board shall select a site or sites and recommend their 
 purchase, the Secretary of War is hereby authorized to 
 secure written proposals for the sale of the land so recom- 
 mended, until such time as Congress may act upon the 
 recommendation of said Board and of the Secretary of 
 War. 1 Act of March 2, 1889 (25 Stat. L., 833). 
 
 at ^ ^ or P avmen t f tne necessary expenses of the Board, 
 
 a P er them allowance to each officer detailed to 
 26, p. 768. serve thereon when employed on duty away from his per- 
 
 manent station, of two dollars and fifty cents a day, * * * 
 one hundred thousand dollars. 2 Act of August 1, 1894 (28 
 Stat. L., 215). 
 
 be P of C A a merican 883 - Tnat a11 ma terial purchased under the foregoing 
 
 m ^cevtio* provisions of this act shall be of American manufacture, 
 
 27 Jul 26o 3 ' 18 2fV> except in cases when, in the judgment of the Secretary of 
 
 War, it is to the manifest interest of the United States to 
 
 make purchases in limited quantities abroad, which mate- 
 
 rial shall be admitted free of duty. 1 Act of July 23, 1892 
 
 (27 Stat. L., 260). 
 
 1 To enable the Secretary of War, in his discretion, to purchase the land adjoining 
 the Government reservation at Sandy Hook, New Jersey, now belonging to the gran- 
 tees of the Highland Beach Association of New Jersey, together with the right of 
 way from said land to the main line of the Central Railroad Company of New Jersey, 
 together with the rails, ties, switches, and all the railroad equipment on said lands, 
 twenty-five thousand dollars, or so much thereof as may be necessary. Act of July 
 23, 1892 ( 27 Stat. L., 259). 
 
 That the President is hereby authorized .to appoint a board, to consist of three 
 officers of the Army and three officers of the Navy, who shall examine and report 
 to the Secretary of War for transmission to Congress for its consideration what, in 
 their opinion, is the most suitable site on the Pacific Coast or on the rivers or other 
 waters thereof, for the erection of a plant for finishing and assembling the parts of 
 heavy guns and other ordnance for the use of the Army and Navy. That for the 
 payment of the necessary expenses of the board to be appointed under the foregoing 
 provisions the sum of two thousand five hundred dollars is hereby appropriated out 
 of any money in the Treasury not otherwise appropriated. Act of July 23, 1892 
 (27 Stnt. XJ M 258). 
 
 2 For a similar provision see the acts of February 24, 1891 (26 Stat. L., 768) ; July 23, 
 1892 (27 Stat. L., 259) ; February 18, 1893 (27 Stat. L., 400) ; March 2, 1895 (28 Stat. L., 
 706), and Juno 6, 1896 (29 Stat. L., 259). The several acts of appropriation since 
 that of July 23, 1892, contain provisions for similar allowances to each officer 
 detailed to serve on the Board of Ordnance and Fortification when on duty away 
 from his permanent station. The acts of appropriation since that of August 4, 1894, 
 contain provisions for the necessary traveling expenses of the civilian member of 
 the board when traveling on duty as contemplated in the act of February 24, 1891. 
 
THE MILITARY LAWS OF THE UNITED STATES. 313 
 
 884, That hereafter no person shall be a member of or u No member to 
 
 be interested in 
 
 serve on said Board who has been or is m any manner device, etc., be- 
 
 . . * fore Board. 
 
 interested in any invention, device, or patent which, or Feb. is, 1393, v. 
 anything similar to which, has been considered or may be >p ' 4 
 considered by or come before said Board for test or adop- 
 tion; or who is connected with or in the employ of any 
 manufacturer who has or shall have contracts with the 
 United States for any ordnance materials. Act of February 
 18, 1893 (27 Stat. L., 461). 
 
 885, That before any money shall be expended in the j^fj* J U8e 
 construction or test of any gun, gun carriage, ammunition, Aug. i, ISM,V. 
 or implements under the supervision of the said Board, the 28 ' p<21i 
 Board shall be satisfied, after due inquiry, that the Gov- 
 ernment of the United States has a lawful right to use the 
 inventions involved in the construction of such gun, gun 
 carriage, ammunition, or implements, or that the construc- 
 tion or test is made at the request of a person either having 
 
 such lawful right or authorized to convey the same to the 
 Government. Act of August 1, 1894 (28 Stat. L., 215). 
 
 886, That the Secretary of War is hereby authorized contract for 
 and directed to purchase under contract, after due adver- J 7i h g u a n I n of 
 tisement inviting proposals, and at prices which the Board lKl Z etj liber au ' 
 of Ordnance and Fortification shall adjudge to be fair to 18 fj c ; 2 2<?^ g 3i9' 
 the manufacturer and for the interest of the United States, 
 twenty-five eight inch, fifty ten-inch, and twenty-five 
 
 twelve inch guns, all of which guns shall be breech-load- 
 ing single charge steel guns, and of weight and dimensions 
 to be prescribed by the Board, and shall fulfill the condi- 
 tions hereinafter provided : Provided, That if two or more 
 persons, citizens of the United States, submit proposals to 
 furnish said guns, either in part or in whole, at prices not 
 materially different from each other, contracts may be 
 awarded, in such proportion, among the citizens submit- 
 ting such proposals as the Secretary of War may direct. 
 One type gun of each of the above-mentioned caliber, with 
 the proper supply of ammunition therefor, shall be pre- 
 sented for test at such place and within such time as the 
 contract shall provide, and shall be subjected to such tests 
 in respect to accuracy, range, power, endurance, and general 
 efficiency as the Board of Ordnance and Fortification shall 
 have prescribed. All the other guns of each caliber, with 
 the proper supply of ammunition, shall be delivered at such 
 place and within such times as the contract shall provide, 
 and shall be subjected to the ordinary service test of ten 
 
 'The acts of February 18, 1893 (27 Stat. L., 461), August 1, 1894 (28 Stat. L.,215), 
 March 2, 1895 (28 Stat. L., 706), and June 6, 1896 (29 Stat. L.,260) contain the same 
 provisions. 
 
314 THE MILITARY LAWS OF THE UNITED STATES. 
 
 rounds with the full charge and weight of projectile, which 
 shall develop the standard power prescribed for the gun. 
 If the type gun sustains the prescribed test to the satisfac- 
 tion of the Board of Ordnance and Fortification, it and 
 each of the other guns which sustains the ordinary service 
 test, and the ammunition expended in such tests, shall be 
 accepted under the contract. All guns manufactured 
 under these contracts, including the type guns, shall be 
 subjected to inspection at all stages of manufacture, and 
 no change whatever shall be made in the material, mode 
 of manufacture, or dimensions of the guns for service from 
 those employed in the type gun without the approval of 
 the Secretary of War. Payment for each gun and ammu- 
 nition for testing same, including cost of transportation, 
 shall be made upon the satisfactory completion of the pre- 
 scribed test for that gun. All tests of guns shall be made 
 in the presence of the Board and of the person presenting 
 the gun, or his authorized agent, and due regard shall be 
 paid to suggestions offered by him which respect the mode 
 of making such test. 
 Maximum ex- That under the provisions of this section there shall not 
 
 penditurea. 
 
 be expended or contract or contracts entered into involv- 
 ing the Government in an aggregate expenditure exceeding 
 three million seven hundred and seventy-five thousand 
 dollars, nor an expenditure on the part of the Government 
 Americanman- i n an y one fiscal year in excess of one million dollars. And 
 
 uiacture, etc. 
 
 all guns and materials purchased under the authority of 
 
 this section shall be of American manufacture and fur- 
 
 nished by citizens of the United States: Provided further, 
 
 ciJc ax ooaa? con ^ na ^ contracts may be made for not exceeding one-fourth 
 
 tracts. of the guns herein provided for, to be constructed on the 
 
 Pacific coast, in the discretion of the Secretary of War. 
 
 Sec. 2, act of August 18, 1890 (26 Stat. L., 319). 
 
 26 Feb 77 2 o 4 ' 1891 ' v ' ^ na ^ section two of "An act making appropriations for 
 fortifications and other works of defense, for the armament 
 thereof, for the procurement of heavy ordnance for trial 
 and service, and for other purposes," approved August 
 eighteenth, eighteen hundred and ninety, is hereby modi- 
 fied and enlarged so that the amount authorized to be 
 expended thereunder be increased to four million two hun- 
 dred and fifty thousand dollars, to be expended on the terms 
 and conditions and for the purposes therein set forth, ex- 
 cept that fifty thousand of said sum shall be reserved to 
 cover all expenses other than the powder and projectiles 
 incident to the tests and inspection of the guns, and also 
 that the Secretary of War be authorized to contract there- 
 
THE MILITARY LAWS OF THE UNITED STATES. 315 
 
 under for such less number of guns than one hundred as Decreased 
 
 number of heavy 
 
 he may deem for the best interests of the Government. 1 fJJ 8 8 ed Qaybepur " 
 Act of February 24, 1891 (26 Stat. L., 770). 
 
 887. That whenever any party shall present for test a Contract for 
 completed breech-loading mortar of twelve inches caliber, in er ' 
 
 of not more than forty thousand pounds weight, built 
 mortar steel, with a proper supply of ammunition therefor, 
 not exceeding two hundred rounds, such mortar shall be 
 tested by the Board of Ordnance and Fortification, and 
 should it be shown to the satisfaction of said Board of 
 Ordnance and Fortification by such test to be at least equal 
 in accuracy, range, power, endurance, material, and general 
 efficiency to the best breech loading service mortar in use, 
 the mortar and ammunition shall be paid for, including 
 cost of transportation, and a contract shall be made for a 
 further supply of fifty and no more, at such reasonable 
 cost as the Board of Ordnance and Fortification shall 
 determine, not to exceed six thousand five hundred dollars 
 each, the entire number to be delivered in one year from 
 date of contract. Said mortar, and all which may be con- 
 tracted for under this provision, shall be subject to inspec- 
 tion at each stage of manufacture. Sec. 2, act of March 2, 
 1895 (28 Stat. L., 707). 
 
 888. That contracts shall be invited by the Secretary of contracts for 
 
 manufacture of 
 
 War by proper notice and publication for the inanufac- forgings, etc. 
 
 Aug. 18, 1890, 
 
 ture (finishing and assembling) of eight-inch, ten-inch, and v.26,p.3i7 ; sept. 
 
 twelve-inch steel sea-coast guns from forgings procured 489-491! v> 
 
 under fortification act of September twenty-second, eight- 
 
 een hundred and eighty-eight, and if private parties shall 
 
 offer to finish, assemble, and deliver any of such guns in 
 
 proper condition for use as completed guns, at a price fair 
 
 to the Government, the necessary contracts shall be entered 
 
 into by the Secretary for that purpose, and to carry into 
 
 effect this provision the sum of two. hundred thousand 
 
 dollars is hereby appropriated : Provided, That the finish- 
 
 ing and assembling of not over fifty per centum of each 
 
 caliber of such forgings shall be thus contracted for : Pro- 
 
 vided further, That all contracts made hereunder shall be 
 
 so made as to fully protect the Government against all loss 
 
 or damage which may result from imperfect work, the fault 
 
 of the contractor, and the work done hereunder shall be 
 
 subject to inspection at every stage. Act of August 18, 
 
 1890 (26 Stat. L., 317). 
 
 'Section 6 of the act of September 22, 1888 (25 Stat. L., 490), contained a similar 
 offer, in respect to the presentation for test of cast-iron breech-loading mortars of 12 
 inches caliber and breech-loading steel guns of 10 and 12 inches caliber, which was 
 withdrawn as to the cast iron breech-loading mortara by section 3 of the act of 
 March 2, 1895 (28 Stat. L., 707). 
 
316 THE MILITARY LAWS OF THE UNITED STATES. 
 
 caUber^etc,o| g89. It shall be the duty of the Secretary of War to 
 for service to be cause the various calibers, lengths of bore, greatest and 
 
 determined by , ' 
 
 Secretary of least admissible weights of guns for each caliber, together 
 juiy 5, 1884, >-. with the greatest and least weights of projectiles for each 
 
 23, p. 159. caliber, of all the various calibers required for the service, 
 
 together with the number of each caliber of gun required, 
 to be determined, and to make the same known to manu- 
 facturers of ordnance on their application and to report 
 the same to Congress at its next session for its approval. 
 Act of July 5, 1884 (23 Stat. L., 159). 
 
 BOARD FOB TESTING RIFLED CANNON. 
 
 rifed b canno s n t8 etc f 89 - That hereafter all rifled cannon of any particular 
 sec.2,i&id. material, caliber, or kind, made at the cost of the United 
 States, shall be publicly subjected to the proper test, 
 including such rapid firing as a like gun would be likely to 
 be subjected to in actual battle, for the determination of 
 the endurance of the same to the satisfaction of the Presi- 
 dent of the United States or such persons as he may 
 select; and he is hereby authorized to select not to exceed 
 five persons, who shall be skilled in such matters ; and if 
 such gun shall not prove satisfactory, they shall not be 
 put to use in the Government service. Sec. 2, ibid. 
 b<S5 le cM5SSfor 891< That tlie Secretary of War and the Secretary of the 
 e n pe ois l ental Navy are hereby authorized to sell to projectors of methods 
 sec,3,ii>td. o f conversion, for experimental purposes only, any smooth- 
 bore cannon on hand required by them, at prices which 
 shall not be less than have been received from auction 
 sales for such articles, and deliver the same, at the cost of 
 the Government, at the nearest convenient place for ship- 
 ment or public transportation ; the cost of delivery to be 
 deducted from the proceeds of sales, and the balance to 
 be covered into the Treasury of the United States. Sec. 
 3, ibid. 
 
 THE UNITED STATES TESTING MACHINE. 
 
 Par. 
 
 892. The United States testing 
 machine. 
 
 Par. 
 
 895. Advance payments may be 
 required for tests ; record of 
 
 893. No compensation for officers I tests shall be furnished to 
 
 of the United States. 
 834. Tests to be made; use of 
 
 American Society of Civil 
 Engineers. 
 
 machine. 
 
 The United 892< Tbat for experiments in testing iron and steel, in- 
 macMne-^oSS eluding the cost of any machine built for such purpose, the 
 is?! v 4 is^ a 399 8um ^ ^^ thousand dollars is hereby appropriated j and 
 
 Mar',3,'l873,v,17,'p.543. 
 
THE MILITARY LAWS OF THE UNITED STATES. 317 
 
 the farther sum of twenty-five thousand dollars provided 
 "for improved machinery and instruments for testing 
 American iron and steel" in the act entitled "An act mak- 
 ing appropriations for the support of the Army for the year 
 ending June thirtieth, eighteen hundred and seventy-four," 
 approved March third, eighteen hundred and seventy- 
 three, is hereby continued and made available for such 
 purpose ; and that the President be, and hereby is author- 
 ized to appoint a board, to consist of one officer of the 
 engineers of the United States Army, one officer of ord- 
 nance of the United States Army, one line-officer of the 
 United States Navy, one engineer of the United States 
 Navy, and three civilians who shall be experts; and it 
 shall be the duty of said board to convene at the earliest 
 practicable moment, at such place as may be designated 
 by the President, for the purpose of determining, by actual 
 tests, the strength and value of all kinds of iron, steel and 
 other metals which may be submitted to them or by them 
 produced, and to prepare tables which will exhibit the 
 strength and value of said materials for constructive and 
 mechanical purposes, and to provide for the building of a 
 suitable machine for establishing such tests. Sec. 4, act of 
 March 3, 1875 (18 Stat. L., 399). 
 
 893. That no officers in the pay of the Government shall be N compensa- 
 
 .j,,^,, ,-,.,. tion to officers of 
 
 entitled to, or receive, any additional compensation by rea- the United 
 
 son of any services rendered in connection with this board; 
 
 but one of the civil experts shall act as secretary of the secretary. 
 
 board, and shall be entitled, under this act to such com- 
 
 pensation as the President may deem proper and fit: Pro- 
 
 vided, That not more than fifteen thousand dollars of the 
 
 sum herein provided shall be used for the expenses of such 
 
 board. 1 Ibid. 
 
 894. That the Secretary of War is hereby authorized to A ^^g. 
 cause the machine built for testing iron and steel to be set machine. ' 
 
 ,,.,,,, -,,/.,, June 20, 1878, 
 
 up and applied to the testing of iron and steel lor all per- v. 20, p. 223. 
 sons who may desire to use it, upon the payment of a suit- 
 able fee for each test ; the table of fees to be approved by 
 the Secretary of War, and to be so adjusted from time to 
 time as to defray the actual cost of the tests as near as may 
 be. Act of June 20, 1878 (20 Stat. -., 223). That hereafter 
 the tests of iron and steel and other materials for industrial 
 purposes shall be continued, and report thereof shall be 
 made to Congress. Act of March 5, 1885 (23 Stat. L., 502). 
 
 iThe act of March 3, 1873 (17 Stat. L., 543), contained an appropriation of $25,000 
 for "improved machinery and instruments for testing American iron and steel." 
 
318 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Advance pay- 895. That in making tests for private citizens the officer 
 
 ments may be re- , , 
 
 quired. Record in charge may require payment in advance, and may use 
 
 the funds so received in making such private tests, niak- 
 full report thereof to the Chief of Ordnance; and the 
 .' 1882>V ' Chief of Ordnance shall give attention to such programme 
 of tests as may be submitted by the American Society of 
 Civil Engineers, and the record of such tests shall be fur- 
 nished said society to be by them published at their own 
 expense. 1 Act of June 30, 1882 (22 Stat. L., 122}. 
 
 ARMS, ARMORIES, AND ARSENALS. 
 
 Par. 
 
 896. Armories, officers, workmen. 
 
 897. Pay of officers, clerks, etc., at 
 
 armories. 
 
 898. When paid ; who to give bond. 
 
 899. Annual accounts to Congress. 
 
 900. Arsenals may be abolished. 
 
 901 . Distribution of arms to States, 
 
 etc. 
 
 902. Enticing away workmen; 
 
 penalty. 
 
 903. Workmen guilty of certain 
 
 misconduct. 
 
 904. Distribution of arms to States 
 
 which had not received their 
 quota from 1862 to 1869. 
 
 905. Exemption from service as 
 
 jurors. 
 
 Par. 
 
 906. Springfield breech -loading 
 
 system to be used for mus- 
 kets and carbines. 
 
 907. No royalty to be paid by 
 
 United States to its officers 
 for patent mentioned in 
 preceding section. 
 
 908. No money to be expended in 
 
 pefecting inventions. 
 
 909. Magazine arms : Board of offi- 
 
 cers to test. 
 
 910. Manufacture of magazine 
 
 arms. 
 
 911. The same. 
 
 912. Arms for militia. 
 
 912a. Issues of arms, etc., to Execu- 
 tive Departments. 
 
 clerks 
 
 Armories, offl- 96. At each arsenal there shall be established a national 
 
 cers, workmen. 
 
 Apr. 2, 1794, c. armory, in which there shall be employed one supermtend- 
 Apr. 23,' 1808, c! ent, who shall be an officer of the Ordnance Department, 
 Aug.V'i'^^cl to be designated by the President; one master-armorer, 
 578- Aafjuai, wno sna11 be appointed by the President, and as many 
 c.57, s 5,v.i2, p. wor k men as the Secretary of War may, from time to time, 
 
 sec. 1662, B.S. deem necessary. 
 
 ^* ^^ e or( l nance officer in charge of any national ar- 
 
 Au23 1842 c mor y sna ^ receive BO compensation other than his regular 
 i86,s.2,v.5,p.5i2ipay as an officer of the corps: the master- armorers shall 
 
 Mar.3, 1857.C.106, F J . 
 
 s. 3 v. 11, p. 203; receive fifteen hundred dollars per annum each : the mspect- 
 
 Aug. 6, 1861,c. 57, -,-,i_ , i.L-.-i-.in 
 
 s. 57v.i2, p. 3i8 ; ors and clerks, each, eight hundred dollars per annum, 
 i67, r s. 12, v 8 14, p! except the clerks of the armory at Springfield, Massachu- 
 t 67 i ; sf p n 282.' 1874 ' setts, who shall receive sixteen hundred and fifty dollars 
 
 Sec. 1663, B.S. per ammm> 
 
 severa l compensations fixed by the preceding 
 Aug. 23, 1842, c. section for master- armorer s and inspectors shall be paid 
 
 186,8.2, v. 5 p.512. 
 
 sec. 1664, B. s. quarter-yearly. All military store-keepers and paymasters 
 
 'The acts of March 3, 1883 (22 Stat. L., 460), July 5, 1884 (23 Stat. L., 112), and 
 March 3, 1885 (23 Stat. L., 502), contain a similar provision. 
 
THE MILITARY LAWS OF THE UNITED STATES. 319 
 
 shall give bond and security for the faithful discharge of 
 their duties, in such sum as may be prescribed by the 
 Secretary of War. 
 
 899. An annual account of the expenses of the national A nuai ac- 
 
 counts to Con- 
 
 armories shall be laid before Congress, together with 
 
 account of the arms made and repaired therein. Hs.vv.Xp. 352! 
 
 900. The Secretary of War is authorized to abolish such ArsenaisVay 
 of the arsenals of the United States as, in his judgment, Mar. '3, 11353,0. 
 
 J '98,8. l,v. 10. op. 
 
 may be useless or unnecessary. 214, 217. 
 
 901. All the arms procured in virtue of any appropri- Distribution of 
 
 arms to States, 
 
 ation authorized by law for the purpose of providing arms e tc. 
 
 and equipments for the whole body of the militia of thess.sa.V.ip m] 
 
 United States shall be annually distributed to the several a. Tv.'io, P ! 639. ' 
 
 States of the Union according to the number of their Kep- ' 
 
 resentatives and Senators in Congress, respectively; and 
 
 all arms for the Territories and for the District of Columbia 
 
 shall be annually distributed in such quantities, and under 
 
 such regulations, as the President may prescribe. All such 
 
 arms are to be transmitted to the several States and Terri- 
 
 tories by the United States. 
 
 902. If any person procures or entices any artificer or Enticing away 
 
 , . . , -i -i -i workmen ; p e n- 
 
 workman, retained or employed in any arsenal or armory, aity. 
 
 to depart from the same during the continuance of his en- to^i v! afpJei!' 
 
 gagement, or tfo avoid or break his contract with the United Sec> 1668 ' B * s * 
 
 States, or if any person, after due notice of the engagement 
 
 of any such workman or armorer, during the continuance 
 
 of such engagement, retains, hires, or in anywise employs, 
 
 harbors, or conceals such artificer or workman, he shall be 
 
 fined not more than fifty dollars, or be imprisoned not more 
 
 than three months. 
 
 903. If any artificer or workman, hired, retained, or em- working men 
 
 J guilty of certain 
 
 ployed in any public arsenal or armory, wantonly and care- misconduct. 
 lessly breaks, impairs, or destroys any implements, tools, 46, s. 3, v! 2, p. 62. 
 or utensils, or any stock, or materials for making guns, the 
 property of the United States, or willfully and obstinately 
 refuses to perform the services lawfully assigned to him, 
 pursuant to his contract, he shall forfeit a sum not exceed- . 
 ing twenty dollars for every such act of disobedience or 
 breach of contract, to be recovered in any court having 
 competent jurisdiction thereof. 
 
 904. The Secretary of War is authorized and directed to ^/^"sSes 
 distribute to such States as did not receive the same, their which had u not 
 
 received their 
 
 proper quota of arms and military equipment for each year, quota from 1862 
 from eighteen hundred and sixty-two to eighteen hundred Var.'s, ISTS, c. 
 and sixty-nine, under the provisions of section sixteen hun- 
 dred and sixty-one : Provided, That in the organization and 
 equipment of military companies and organizations with 
 
320 THE MILITARY LAWS OF THE UNITED STATES. 
 
 such arms, no discrimination shall be made between com- 
 panies and organizations on account of race, color, or former 
 condition of servitude. 1 
 
 fron? service M ^' ^^ artificers and workmen employed in the armo- 
 r * es an( ^ arsena l s f ^ ne United States shall be exempted, 
 
 1800 c 
 46, s. 4, v. 2, p .62 1 during their time of service, from service as jurors in any 
 
 Mar.3,1855 c.169, 
 8. 7, v. 10, p. 639. COUrt. 
 Sec.l67f,R.S. 
 
 Springfield 906. The breech-loading system for muskets and carbines 
 system to be unadopted by the Secretary of War known as "the Spriug- 
 carbTn U e S 8 ket Qd field breech-loading system," is the only system to be used 
 3i6,T 6 i7, 1 p ? lei! by the Ordnance Department in the manufacture of mus- 
 
 Sec.i672,R.s. kets ail d carbines for the military service. 2 
 
 shall be paid by the United States to 
 
 ed "states to its any one of its officers or employes for the use of any patent 
 
 officers for pat- * 
 
 ent mentioned in for the system, or any part thereof, mentioned m the pre- 
 
 tion. ceding section, nor for any such patent in which said offi- 
 
 June 6, 1872, c. . * , * 7 , . ,, . ,. ,. . , 
 
 316, v. IT, p. 261. cers or employes may be directly or indirectly interested. 
 " money 'to 908. That hereafter no money shall be expended at said 
 
 1 armories in the perfection of patentable inventions in the 
 r. 3, 1875, v. manufacture of arms by officers of the Army otherwise 
 is, p. 455. compensated for their services to the United States. 3 Act 
 
 of March 3, 1875 (18 Stat. L., 455). 
 
 rmL a Aboard "of ^' ^ na ^ no P ar ^ ^ ^ s appropriation shall be expended 
 officers to test, for the manufacture of magazine rifles of foreign invention 
 v. 27, p. 486. ' until such magazine rifles of American invention as may be 
 presented for tests to the War Department within the next 
 thirty days shall have been tested by a board of officers to 
 be selected by the Secretary of War, which board shall 
 report to the Board of Ordnance and Fortification, on or 
 before July first, eighteen hundred and ninety-three. If 
 the decision of said board of officers shall be in favor of 
 any American invention and shall also receive the approval 
 of the Board of Ordnance and Fortification and the Sec- 
 retary of War, then this appropriation, or such part thereof 
 as the Secretary may direct, shall be expended in the man- 
 ufacture of such American arm: Provided further, That if 
 no such American invention shall be recommended by said 
 board or receive the approval of the Secretary of War this 
 
 1 See chapter entitled THE MILITIA. 
 
 2 Under the authority conferred by several acts of appropriation (see paragraphs 908- 
 911 post), the Springfield breech-loading system has been superseded by a system of 
 breech-loading magazine small arms. 
 
 3 By the act of March 3, 1883 (22 Stat. L., 625;, "the Secretary of the Interior and the 
 Commissioner of Patents are authorized to grant any officer of the Government, 
 except officers and employees of the Patent Office, a patent for any invention of the 
 classes mentioned in section forty-eight hundred and eighty six of the Kevised 
 Statutes, when such invention is used or to be used in the public service, without 
 the payment of any fee: Provided, That the applicant in his application shall state 
 that the invention described therein, if patented, may be used by the Governmentor 
 any of its officers or employees in the prosecution of work for the Government, 
 or by any other person in the United States, without the payuient to him of any 
 royalty thereon, which, stipulation shall be included in the patent.'' 
 
THE MILITARY LAWS OF THE UNITED STATES. 321 
 
 appropriation shall be applicable to the manufacture of the 
 magazine arm recommended for trial by the board recently 
 in session and approved by the Secretary of War. Act of 
 February 27, 1893 (27 Stat. L., 486). 
 
 910. For manufacture of arms at the national armories, Manufacture 
 four hundred thousand dollars: Provided, That if the Sec- arms!" agazine 
 retary of War shall, upon the report of the small-arms 27 J p y i 1 8 6 2. 1892lV ' 
 board now in session, adopt a new rifle or system for rifles 
 
 for the military service, or for trial with a view to such 
 adoption, then this appropriation shall be available for the 
 procurement of such' arms. Act of July 16 } 1892 (27 Stat. 
 L., 182). 
 
 911. Manufacture of arms at the National armories, four Manufacture of 
 hundred thousand dollars: Provided, That this appropria- ar Aug 6 MSM, v. 
 tion shall be applicable to the manufacture of the magazine 8> p ' 242 ' 
 arm recommended for trial by the board, recently in ses- 
 sion, and approved by the Secretary of War. 1 Act of Au- 
 gust 6', 1894 (28 Stat. L., 242). 
 
 912. That hereafter the cost to the Ordnance Department ti ^ rms for mili - 
 of all ordnance and ordnance stores issued to the States, Mar. 2, issg, v. 
 
 OPJ r\ QQQ 
 
 Territories, and District of Columbia, under the act of 
 February twelfth, eighteen hundred and eighty-seven, shall 
 be credited to the appropriation for u manufacture of arms 
 at national armories," and used to procure like ordnance 
 stores, and that said appropriation shall be available until 
 exhausted, not exceeding two years. 2 Act of March 2, 1889 
 (25 Stat. L.j 833). 
 
 ISSUES OF ARMS, ETC., TO EXECUTIVE DEPARTMENTS. 
 
 912a. That upon the request of the head of any Depart- to l8 t h u e e 8 e f v tr^i 
 ment, the Secretary of War be, and he hereby is, authorized ^^nt De ~ 
 and directed to issue arms and ammunition whenever they Mar - 3 - 181 < 9 . v. 
 
 20, p. 410. 
 
 may be required for the protection of the public money and 
 property, and they may be delivered to any officer of the 
 Department designated by the head of such Department, 
 to be accounted for to the Secretary of War, and to be 
 returned when the necessity for their use has expired. 
 Arms and ammunition heretofore furnished to any Depart- 
 ment by the War Department, for which the War Depart- 
 ment has not been reimbursed, may be receipted for under 
 the provisions of this act. Act of March 3, 1879 (20 Stat. 
 L.j 410). 
 
 'Tinder the authority conferred by this statute a system of magazine small arms 
 was adopted by the Secretary of War on the recommendation of the Board convened 
 in pursuance of the act of February 27, 1893 (27 Stat. L., 480). The magazine arm 
 adopted is known as the Krag- Jorgensen magazine rifle, caliber 30. This provision 
 was repeated in the acts of February 12, 1895 (28 Stat. L., 682), and March 16, 1896 
 (29 Stat. L., 68). 
 
 2 This provision was repeated in the act of June 13, 1890 (26 Stat. L., 158). 
 
 1919 21 
 
CHAPTER XXIII. 
 
 THE SIGNAL DEPARTMENT. 
 
 Par. 
 
 913. Chief Signal Officer; duties. 
 
 914. The Signal Corps; composi- 
 
 tion. 
 
 915. Reorganization of officers. 
 
 916. Appointments, promotions, 
 
 etc. 
 
 917. Signal Corps to remain part 
 
 of Military Establishment. 
 
 918. Weather Bureau; details from 
 
 Army. 
 
 919. Enlisted men. 
 
 920. Signal Corps to be appropri- 
 
 ated for with the Army. 
 
 Par. 
 
 921. Enlisted men to make returns 
 
 of property. 
 
 922. Regulations to be prescribed 
 
 by Chief Signal Officer. 
 
 923. Military telegraph-lines, 
 
 Chief Signal Officer to con- 
 trol; expenses, etc., how 
 defrayed. 
 
 924. Construction of new lines. 
 
 925. Injury to telegraph-lines. 
 
 Chief 
 
 f d S utfes al 913< Tnat tne ^ Qief Signal Officer shall have charge, 
 16 \ under the direction of the Secretary of War, of all military 
 signal duties, and of books, papers, and devices connected 
 therewith, including telegraph and telephone apparatus 
 and the neces.sary meteorological instruments for use on 
 target ranges, and other military uses; the construction, 
 repair, and operation of military telegraph-lines, and the 
 duty of collecting and transmitting information for the 
 Army by telegraph or otherwise, and all other duties usually 
 pertaining to military signaling; and the operations of 
 said corps shall be confined to strictly military matters. 1 
 Sec. 2, act of October 1, 1890 (26 Stat. L., 653). 
 
 act of June 16, 1880 (21 Stat. L., 267), contained a provision conferring upon 
 the Chief Signal Officer the rank and pay of a brigadier-general. The rank attached 
 to the office under section 1195, Revised Statutes, was that of a colonel of cavalry. 
 
 The duties performed by this officer in connection with the observation and report 
 of storms were, by the act of October 1, 1890 (26 Stat. L., 653), transferred to the Depart- 
 ment of Agriculture. This statute, which became operative on July 1, 1891, contained 
 the following provisions: 
 
 SEC. 3. That the Chief of the Weather Bureau, under the direction of the Secre 
 tary of Agriculture, on and after July first, eighteen hundred and ninety one, shal) 
 have charge of the forecasting of weather, the issue of storm warnings, the display 
 of weather and flood signals for the benefit of agriculture, commerce, and navigation. 
 the gauging and reporting of rivers, the maintenance and operation of seacoast tele 
 graph lines and the collection and transmission of marine intelligence for the benefit 
 of commerce and navigation, the reporting of temperature and rain-fall conditions 
 for the cotton interests, the display of frost and cold- wave signals, the distribution 
 of meteorological information in the interests of agriculture and commerce, and the 
 taking of such meteorological observations as may be necessary to establish and 
 record the climatic Conditions of the United States, or as are essential tor the proper 
 execution of the foregoing duties. 
 
 SEC. 5. That the enlisted force of the Signal Corps, excepting those hereinafter 
 322 
 
THE MILITARY LAWS OF THE UNITED STATES. 323 
 
 914. That in addition to the Chief Signal Officer the T" signal 
 
 Corps; composi- 
 
 commissioned force of the Signal Corps shall hereafter tioi - . . 
 consist of one major, four captains (mounted), and four first 
 lieutenants (mounted), who shall receive the pay and allow- 
 ances of like grades in the Army. The officers herein pro- 
 vided for shall be appointed from the Army, including 
 lieutenants of the Signal Corps, preference being given to 
 officers who have performed long and efficient service in 
 the Signal Service : Provided, That no appointment shall 
 be made until a board, to be appointed by the Secretary of 
 War, shall have submitted a report recommending officers 
 for appointment in the Signal Corps in the order of merit, 
 based upon the importance and usefulness of work per- 
 formed in the Signal Service, as said board may determine 
 from the official records. And such second lieutenants of 
 the Signal Corps as may not be promoted under the pro- 
 visions of this act shall be appointed second lieutenants in 
 the line of the Army with present date of commission, and 
 shall be assigned to the first vacancies which may occur in 
 the grade of second lieutenant after the appointments herein 
 provided for have been made. Sec. 6, ibid. 
 
 915. That whenever a vacancy in the grade of brigadier- /Jffficf?? ization 
 general shall occur in the office of Chief Signal Officer, 28 A p u f^' 1894 - v - 
 said vacancy shall not be filled, but said grade shall cease 
 
 and determine, and thereafter the commissioned force of 
 the Signal Corps shall consist of one colonel, who shall be 
 the Chief Signal Officer of the Army, and selected from the 
 Corps, and one lieutenant-colonel, one major, and three 
 captains (mounted) to be appointed from the Corps accord- 
 ing to seniority, and three first lieutenants (mounted) to be 
 appointed as now provided by law, who shall each receive 
 the pay and allowances of like grades in the Army, and 
 the officers of the Signal Corps shall retain the commis- 
 sions held by them at the date of the next vacancy in the 
 office of Chief Signal Officer, unless promoted in compliance 
 with law. Act of August 6, 1894 (28 Stat. ., 234). 
 
 provided for, shall be honorably discharged from the Army on June thirtieth- 
 eighteen hundred and ninety-one, and such portion of this entire force, including 
 the civilian employees of the Signal Service, as may be necessary for the proper 
 performance of the duties of the Weather Bureau snail, if they so elect, be trans- 
 ferred to the Department of Agriculture, and the compensation of the force so 
 transferred shall continue as it shall be in the Signal Service on June thirtieth, 
 eighteen hundred and ninety -one, until otherwise provided bylaw: Provided, That 
 skilled observers serving in the Signal Service at said date shall be entitled to prefer- 
 ence over other persons not in the Signal Service for appointment in the Weather 
 Bureau to places for which they may be properly qualified until the expiration of 
 the time for which they were last enlisted. 
 
 For statutory provisions respecting sale of surplus publications see paragraph 76, 
 ante. 
 
324 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Appointments, 916. That all appointments and promotions in the Signal 
 
 promotions, etc. 
 
 sec. 7, Oct. i, Corps after this reorganization shall be made after exam- 
 is. s., v 'sec8?i206J ination and approval under sections twelve hundred and 
 amended^ ' six and twelve hundred and seven of the Eevised Statutes, 
 which are hereby amended so as to be applicable to and to 
 provide for the promotion of the lieutenants of the Signal 
 Corps in the same manner as they now apply to the Corps 
 of Engineers and the Ordnance Corps ; and all vacancies 
 which may hereafter exist in the grade of first lieutenant 
 in the Signal Corps shall be filled by transfer from the line 
 of the Army, after competitive examination and recom- 
 mendation by a board of officers of the Signal Corps to be 
 appointed by the Secretary of War. Sec. 7, act of October 1, 
 1890 (26 Stat. L., 653). 
 signal corps to 917. That the civilian duties now performed by the Signal 
 
 remain part of 
 
 Military Estab- Corps of the Army shall hereafter devolve upon a bureau 
 sec. i,'oct. i, to be known as the Weather Bureau, which, on and after 
 July first, eighteen hundred and ninety-one, shall be estab- 
 lished in and attached to the Department of Agriculture, 
 and the Signal Corps of the Army shall remain a part of 
 the Military Establishment under the direction of the Sec- 
 retary of War, and all estimates for its support shall be 
 included with other estimates for the support of the Military 
 Establishment. Sec. 1, ibid. 
 
 weatherBureaV 918< That tbe Weather Bureau shall hereafter consist of 
 sec. 4, ibid. one Chief of Weather Bureau and such civilian employees 
 as Congress may annually provide for and as may be neces- 
 sary to properly perform the duties devolving on said 
 bureau by law, and the chief of said bureau shall receive 
 an annual compensation of four thousand five hundred 
 dollars, and be appointed by the President, by and with 
 the advice and consent of the Senate: Provided, That the 
 Chief Signal Officer of the Army may, in the discretion of 
 
 A Jnf ails f rom the President, be detailed to take charge of said bureau, 
 and in like manner other officers of the Army, not exceed- 
 ing four, expert in the duties of the weather service may 
 be assigned to duty with the Weather Bureau, and while 
 so serving shall receive the pay and allowances to which 
 they are entitled by law. Sec. 4, ibid. 
 
 Enlisted men. 919. That the enlisted force of the Signal Corps of the 
 
 Army shall hereafter consist of fifty sergeants, of which ten 
 
 shall be of the first class, with pay of hospital stewards. 
 
 Sec. 8, ibid. 
 
 signal Corpsto 920. That on and after July first, eighteen hundred 
 
 be appropriated . . . ,. 
 
 for with tbe and ninety-one, the appropriations for the support of the 
 A sec!'fl, Oct. i, Signal Corps of the Army shall be made with those of other 
 
 1890, v. 26, p. 654. 
 
THE MILITARY LAWS OF THE UNITED STATES. 325 
 
 921. That, from and after the passage of this act, every Enlisted men, 
 officer of the Signal Corps, every non-commissioned officer turns S a prop- 
 or private of the Signal Corps, and all other officers, agents, er ct 12,1888, v. 
 or persons who now have in possession, or may hereafter 25 ' p ' 552< 
 receive or may be intrusted with any stores or supplies, 
 
 shall, quarterly or more often, if so directed, and in such 
 manner and on such forms as may be prescribed by the 
 Chief Signal Officer, make true and correct returns to 
 the Chief Signal Officer of all Signal Service property and 
 all other supplies and stores of every kind received by or 
 intrusted to them and each of them, or which may, in any 
 manner, come into their and each of their possession or 
 charge. 1 Act of October 12, 1888 (25 Stat. ., 552). 
 
 922. The Chief Signal Officer, subject to the approval ^ be Ee ^^5^^ 
 the Secretary of War, is hereby authorized and directed to chief signal om- 
 draw up and enforce in his Bureau a system of rules and ibid. 
 regulations for the government of the Signal Bureau, and of 
 
 all persons in said Bureau, and for the safe-keeping and 
 preservation of all Signal Service property of every kind, 
 and to direct and prescribe the kind, number, and form, of 
 all returns and reports, and to enforce compliance therewith. 
 Ibid. 
 
 MILITARY TELEGRAPH-LINES. 
 
 923. For completing the construction, and for mainte- chief signal 
 nance and use of military telegraph-lines on the Indian and expenses* how 
 Mexican frontiers, and for the connection of military posts ^Mar.^/m^v". 
 and stations, for the better protection of immigration and 18 ' p<388< 
 
 the frontier settlements from depredations, especially in the 
 State of Texas, the Territories of New Mexico and Arizona, 
 and the Indian Territory, eighty-eight thousand dollars: 3 
 Act of March 5, 1875 (18 Stat. L.. 388). Provided. That on Receipts to be 
 
 paid into Treas- 
 
 and after the first day of July, eighteen hundred andury. 
 eighty-three, all moneys received for the transmission of 22,p.6i6.' 
 
 1 Section 10 of the act of October 1, 1890 (26 Stat. L., 655), contains the provision that 
 the President is authorized to appoint on or before March, first, eighteen hundred 
 and ninety-one, a board of three officials, which board shall be charged with the 
 duty of examining the classes and kinds of property and the amount of moneys per- 
 taining to and in the possession of the Signal Corps, and said board shall as soon as 
 practicable make the Secretary of War a report setting forth the amount of moneys 
 and the quantities and kinds of property more suitable for the work of the Weather 
 Bureau and not necessary for the use of the Signal Corps, and what part of said 
 property will be suitable and necessary for the Signal Corps, and upon the approval 
 of said report by the Secretary of War the property and moneys which shall be 
 decided to properly pertain to the Weather Bureau work shall be transferred to such 
 bureau, and to the custody of the Secretary of Agriculture, while the remaining prop- 
 erty and funds shall continue in the possession of the Signal Corps. 
 
 1 The act of March 3, 1875, contained a provision authorizing the Secretary of War 
 "to pay the expenses of operating and keeping in repair the said telegraph-lines out 
 of any money received for dispatches sent over said lines ; any balance remaining 
 after the payment of such expenses to be covered into the Treasury as a miscellane- 
 ous receipt; the money received in anyone fiscal year to be used only in payment for 
 the expenses of that year. And a full report of the receipts and expenditures in 
 connection with the said telegraph-lines shall be made quarterly to the Secretary of 
 War, through the Chief Signal Officer. And the Chief Signal Officer shall have the 
 charge and control of said lines of telegraph in the construction, repair, and operation 
 of the same." 
 
326 THE MILITARY LAWS OF THE UNITED STATES. 
 
 private dispatches over any and all telegraph-lines owned 
 or operated by the United States, shall be paid into the 
 Treasury of the United States, as required by section thirty- 
 six hundred and seventeen of the Revised Statutes; and 
 all acts or parts of acts inconsistent herewith are hereby 
 repealed. Act of March 3, 1883 (22 Stat. L., 616). 
 construction of 934. That the construction of new lines of telegraph shall 
 Aug. 7, 1882, v. be under the supervision and direction of the several mili- 
 tary commanders, subject to the approval of the Secretary 
 of War. Act of August 7, 1882 (22 Stat. L., 319). 
 ^17 to teie- 925. That any person or persons who shall willfully or 
 ot united states] maliciously injure or destroy any of the works or property 
 
 interference with 
 
 working, obstruc- or material of any telegraphic line constructed and owned, 
 
 tion,&c., penalty. . . TT . . , ~, ., 
 
 June 23, 1874, v. or in process of construction, by the United States, or that 
 may be hereafter constructed and owned or occupied and 
 controlled by the United States, or who shall willfully or 
 maliciously interfere in any way with the working or use of 
 any such telegraphic line, or who shall willfully or mali- 
 ciously obstruct, hinder, or delay the transmission of any 
 communication over any such telegraphic line, shall be 
 deemed guilty of a misdemeanor, and, on conviction thereof 
 in any district court of the United States having jurisdic- 
 tion of the same, shall be punished by a fine of not less than 
 one hundred nor more than one thousand dollars, or with 
 imprisonment for a term not exceeding three years, or with 
 both, in the discretion of the court. Act of June 23, 1874 
 (18 Stat. L., 250). 
 
CHAPTER XXIV. 
 
 THE BECORD AND PENSION OFFICE. 
 
 Par. 
 
 929. Military histories of regi- 
 ments may be furnished 
 States. 
 
 Par. 
 
 926. Record and Pension Office; 
 
 duties. 
 
 927. Revolutionary, military rec- 
 
 ords, etc. 
 
 928. All revolutionary, army rec- 
 
 ords, etc., to be transferred 
 to the Secretary of War. 
 
 926. That the division organized by the Secretary of 
 
 War in his office for the preservation and custody of the War , Depart 
 
 " ment, estab- 
 
 records of the volunteer armies under the name of the rec- .uahed. 
 
 May 9, 1892, v. 
 
 ord and pension division is hereby established as now 27, p. 27. 
 organized, and shall hereafter be known as the Eecord 
 and Pension Office of the War Department; and the Pres- 
 ident is hereby authorized to select an officer of the Army 
 whom he may consider to be especially well qualified for 
 the performance of the duties hereinafter specified and, by 
 and with the advice and consent of the Senate, to appoint 
 him in the Army to be chief of said office, who shall have 
 the rank, pay, and allowances of a colonel and shall, under 
 the Secretary of War, have charge of the military and Duties, 
 hospital records of the volunteer armies and the pension 
 and other business of the War Department connected 
 therewith; and all laws or parts of laws inconsistent with 
 the terms of this act are hereby repealed. Act of May 9, 
 1892 (27 Stat. L., 27). 
 
 927. Whereas the military records of the American Eev- 
 olution and of the war of eighteen hundred and twelve are 
 now preserved in different Executive Departments of the 
 Government and are not easily accessible ; and 
 
 Whereas it is important that they should be collected 
 in one Department, where they could be easily consulted 
 and properly arranged for use: Therefore, 
 
 Be it enacted ly the Senate and House of Representatives 
 of the United States of America in Congress assembled, That 
 the military records of the American Revolution and of the 
 
 327 
 
 Revolutionary 
 military records. 
 
328 THE MILITARY LAWS OF THE UNITED STATES. 
 
 war of eighteen hundred and twelve, now preserved in the 
 
 D e art T reasurv an( l Interior Departments, be transferred to the 
 merit. War Department, to be preserved in the Record and Pen- 
 
 27, p. 275.' 'sion Division of that Department, and that they shall be 
 properly indexed and arranged for use. Act of July 27, 
 1892 (27 Mat. L., 275}. 
 
 928< Tnat a11 mil i tar y records, such as muster and pay 
 to" Sec?e- rolls > orders ? and reports relating to the personnel or the 
 te Aug f W 8 ar i894 P era ti ns f tne armies of the Revolutionary war and of 
 v.28,p'.403 ( . ' the war of eighteen hundred and twelve, now in any of the 
 Executive Departments, shall be transferred to the Secre- 
 tary of War to be preserved, indexed and prepared for pub- 
 lication. Act of August 18, 1894 (28 Stat. L., 403}. 
 Military histo- 929. And the Secretary of War shall, upon the applica- 
 
 ries ot regiments . 
 
 may be furnished tion of the Governor of any State, furnish to such Gov- 
 1895, v. eruor a transcript of the military history of any regiment 
 or company of his State, under such regulations as the 
 Secretary of War may prescribe, at the expense of such 
 State. 1 Act of March 2, 1895 (28 Stat. L., 788). 
 
 1 This provision was repeated in the act of May 28, 1896 (29 Stat. L., 161). 
 
CHAPTER 
 
 POST AND EEGIMENTAL CHAPLAINS. 
 
 Par. 
 
 934. Duties as school-teachers. 
 
 935. Monthly reports. 
 
 936. Facilities in performance of 
 
 duties. 
 
 Par. 
 
 930. Chaplains; number. 
 
 931. Rank. 
 
 932. Qualifications. 
 
 933. Duties as clergymen. 
 
 930. The President may, by and with the advice and con- 
 sent of the Senate, appoint a chaplain for each regiment of ig j ^ J, 1838 ' J : 
 colored troops, and thirty post-chaplains. Provided, That^ar.^2, J 8 ^^ 
 no appointment of regimental or post-chaplains shall be Apr. 9, 1884,0.53,' 
 
 8. 1, V. 13, p. 46; 
 
 made until those on waiting orders are assigned. July 28, isee, c. 
 
 299, ss. 7, 30, v. 14, 
 
 pp. 333, 337 ; Mar. 2, 1867, c. 145, s. 7, v. 14, p. 423 ; July 
 15, 1870, c. 294, s, 12, v. 16, p. 318. Sec. 1121, R. S. 
 
 931. Chaplains shall have the rank of captain of infantry, Ranl f, etc., of 
 
 without command, and shall be on the same footing with Apr. 9, 1864, c. 
 other officers of the Army, as to tenure of office, retire- jniy 28,' is'ee, c! 
 
 299, ss. 7, 30, v. 14, 
 
 inent, and pensions. PP . 333, 337 ; Mar. 
 
 2, 1867, c. 145, s. 7, v. 14, p. 423 ; July 15, 1870, 
 c. 294, s. 12, v. 16, p. 318. Sec. 1122, B. S. 
 
 932. No person shall be appointed as regimental or post of Q ualiflcation8 
 
 chaplain until he shall furnish proof that he is a regularly- 2f ^ a} /^\ 1 s ^' c ' 
 ordained minister of some religious denomination, in good 595' 
 
 SIM*. 1 1 .*> K. S, 
 
 standing at the time of his appointment, together with a 
 recommendation for such appointment from some author- 
 ized ecclesiastical body, or from not less than five accredited 
 ministers of said denomination. 
 
 933. All regimental chaplains and post-chaplains shall, Duties as cier- 
 when it may be practicable, hold appropriate religious serv- 53 ^ p Jv 9 i3 864 46' 
 ices, for the benefit of the commands to which they may sec.ii25,R.s. 
 be assigned to duty, at least once on each Sunday, and shall 
 
 perform appropriate religious burial services at the burial 
 of officers and soldiers who may die in such commands. 
 
 934. The duty of chaplains of regiments of colored troops ^,^^.^5 8 
 and of post-chaplains shall include the instruction of the ^^1 ^ 83 |' c * 
 enlisted men in the common English branches of education. l 
 
 p. 337. 
 
 i For statutory provisions respecting: post schools, see the chapter entitled ENLISTED Sec. 1124, R. S. 
 MEN. These schools are administered in accordance with paragraphs 290, 310, 312, 
 313, 317-324, 1006, 1014-1019, 1021, 1022, and 1024 of the Army Regulations of 1895. For 
 the duties and assignments of chaplains, see paragraphs 38-41, Army Regulations of 
 1895. 
 
 329 
 
330 THE MILITARY LAWS OF THE UNITED STATES. 
 
 - 935, Post[,] hospital and regimental chaplains shall make 
 
 ^^, 1864,^0. monthly reports to the Adjutant- General of the Army, 
 Feb.' 27,' 1877, c,' through the usual military channels, of the moral condition 
 
 sec. lile, R.S. and general history of the regiments or posts to which they 
 may be attached. 
 
 Facilities in 936. It shall be the duty of commanders of regiments, 
 
 performance o f 
 
 duties. hospitals, and posts to afford to chaplains, assigned to the 
 
 3,s p 3,V.'i3,p.46.'same for duty, such facilities as may aid them in the per- 
 
 Sec.ll27,TR.S. . 
 
 forrnance of their duties. 
 
CHAPTER 
 
 COMMISSIONED OFFICERS. 
 
 Par. 
 
 937. Appointments to be to arm of 
 
 service. 
 338. Promotion by seniority. 
 
 939. Assignment and transfer of 
 
 officers. 
 
 940. Commissions. 
 
 941. Examination for promotion 
 
 of all officers below major. 
 
 942. Examination of officers ap- 
 
 pointed from civil life; 
 composition of boards ; 
 failure. 
 
 943. Officers from civil life may 
 
 waive board of similar 
 character. 
 
 944. Cadets to be commissioned 
 
 second lieutenants in any 
 arm or corps in which a 
 vacancy exists; additional 
 second lieutenants. 
 
 945. Graduates to receive pay as 
 
 second lieutenants from 
 graduation. 
 
 Par. 
 
 946. Promotion of enlisted men; 
 
 qualifications. 
 
 947. Examination board. 
 
 948. Examinations ; certificates of 
 
 eligibility, 
 
 949. Effect of a court-martial. 
 
 950. Pay during absence. 
 
 951. Leave on full pay. 
 
 952. Transfers to the staff. 
 
 953. Leaving port on tender of 
 
 resignation. 
 
 954. Accepting diplomatic or con- 
 
 sular office. 
 
 955. Restoration of dismissed offi- 
 
 cers. 
 
 956. Officers dropped for deser- 
 
 tion. 
 
 957. Officers dismissed by Presi- 
 
 dent may demand trial. 
 
 APPOINTMENTS. 
 
 937. Hereafter all appointments in the line of the Army Appointments 
 
 , ,, , , ... , , . , , , to be to arm of 
 
 shall be by commission in an arm of the service and not by service. 
 commission in any particular regiment. 1 Sec. 2, act of Oc- 
 tober 1, 1890 (26 Stat. L., 562). 
 
 1 An appointment, or commission, in order to take effect at all must be accepted ; 
 but, when accepted, it takes effect as of and from its date, i. e., the date on which it is 
 completed by the signature of the appointing power, or that as and from which it pur- 
 ports in terms to be operative. Dig. J. A. Gen., 149. See also Marbury v. Madison, 
 1 Cranch, 137; U. S. v. Bradley, 10 Pet., 304; U. S. v. Le Baron, 19 How.. 78; Mont- 
 gomery v. TJ. S., 5 C. Cls. R., 97. See, also, chapter entitled THE EXECUTIVE. 
 
 The power of the President to fill a vacancy in the Army, during a recess of the 
 Senate, may be exercised by a letter from the Secretary ot War, and such a letter 
 may constitute his commission, there being no law which prescribes the form of a 
 military commission. O'Shea v. U. S., 28 C. Cls. R., 392. Where the President is 
 authorized by law to reinstate a discharged Army officer, he may do so without the 
 advice and consent of the Senate. Collins v. U. S., 14 C. Cls. R., 22; Dig. J. A. Gen., 
 150. An officer of the Army or Navy of the United States does not hold his office 
 by contract, but at the will of the sovereign power. Crenshaw v. U. S., 134 U. S., 98. 
 For statutory provisions respecting appointments to the lowest grades in the several 
 staff corpa see the chapters ao entitled. 
 
 331 
 
332 THE MILITARY LAWS OF THE UNITED STATES. 
 
 PROMOTIONS. 
 
 sen7orft tion by ^' ^ uat hereafter promotion to e very grade in the Army 
 Oct. i,'i89o, v. below the rank of brigadier- general, throughout each arm, 
 corps, or department of the service, shall, subject to the 
 examination hereinafter provided for, be made according 
 to seniority in the next lower grade of that arm, corps, or 
 department: Provided, That in the line of the Army all 
 officers now above the grade of second lieutenant shall, 
 subject to such examination, be entitled to promotion in 
 accordance with existing laws and regulations. Act of 
 October 1, 1890 (26 Stat. L., 562). 
 Assignment 939. That officers of [all] grades in each arm of the serv- 
 
 officers. ice shall be assigned to regiments, and transferred from 
 
 one regiment to another, as the interests of the service may 
 require, by orders from the War Department, and hereafter 
 all appointments in the line of the Army shall be by com- 
 mission in an arm of the service, and not by commission 
 in any particular regiment. 1 Sec. 2, ibid. 
 
 1 APPOINTMENT AND PROMOTION OF COMMISSIONED OFFICERS. 
 
 Notices of appointments and promotions are issued by the War Department, 
 through the Adjutant- General of the Army. (Par. 20, A. R., 1895.) 
 
 Appointment to the grade of general officer is made by selection from the Army. 
 (Par. 21, ibid.) 
 
 Promotions in established staff corps and departments to include the grade of 
 colonel will be made by seniority, subject to the examinations required by law. 
 (Par. 22, ibid.) 
 
 Promotions in the line of the Army to include the grade of colonel, in each arm 
 of the service, will be made by seniority, subject to the examinations required by 
 law, except that all officers of the line of the Army in service October 1, 1890, above 
 the grade of second lieutenant, will, subject to the prescribed exam inatkms, be pro- 
 moted in accordance with the regulations existing on that date. (Par. 23, ibid.) 
 
 A civilian to be eligible for appointment must be a citizen of the United States, 
 unmarried, between 21 and 27 years of age, must be examined and approved as to 
 habits, moral character, mental and physical ability, education and general fitness 
 for the service, by a board convened and constituted as provided in paragraph 25 for 
 the final competitive examination of soldiers. (Par. 31, ibid.) 
 
 Section 3 of the act of June 18, 1878 (20 Stat. L., 145), which contained the require- 
 ment that all vacancies occurring in the grade of second lieutenant should be filled 
 from the graduates of the Military Academy, so long as any such remained in the serv- 
 ice unassigned, and that vacancies then remaining should be filled by the promotion 
 of meritorious non-commissioned officers, and that any vacancies remaining after the 
 exhaustion of the two classes above named might be filled by the appointment of 
 persons from civil life, was expressly repealed by section 5 of the act of July 30, 
 1892. (27 Stat. L., 336.) The Executive policy in respect to appointments to the grade 
 of second lieutenant in the line of the Army is now embodied in paragraph 24, Army 
 Regulations of 1895, which provides that "Vacancies in the grade of second lieuten- 
 ant existing on the 1st day of July each year are filled by appointment, in order, as 
 follows: (1) From graduates of the United States Military Academy ; (2) from en- 
 listed men of the Army found duly qualified; (3) from civil life. (Par. 24, A. R. 
 1895.) 
 
 So much of section 1218, Revised Statutes, as amended by the act of May 13, 1884 
 (23 Stat. L., 21), as requires that "No person who held a commission in the Army or 
 Navy of the United States at the beginning of the late rebellion, and afterwards 
 served in any capacity in the military, naval, or civil service of the so-called Confed- 
 erate States, or of either of the States in insurrection during the late rebellion, shall 
 be appointed to any position in the Army or Navy of the United States," was 
 repealed by the act of March 31, 1896 (29 Stat. L., 235). 
 
 The requirement of section 1218, Revised Statutes, as amended by the act of May 
 13, 1884 (23 Stat. L., 21), that no person who held a commission in the Army or Navy 
 at the beginning of the late rebellion, and afterward served in any capacity in the 
 military, naval or civil service of the so-called Confederate States, shall be appointed 
 to any position in the Army or Navy of the United States was repealed by the act of 
 
 HISTORICAL NOTE. 
 
 The rule of promotion in the line of the Army, as stated in paragraph 22 of the 
 Regulations of 1889, required that "promotions to the rank of captain will be made 
 
THE MILITARY LAWS OF THE UNITED STATES. 333 
 
 COMMISSIONS. 
 
 940. That hereafter the commissions of all officers under M a mi 5J 8< 
 the direction and control of the Secretary of the Treasury ? 29 > P- 75. ' 
 the Secretary of War, the Secretary of the Navy, and the 
 Secretary of Agriculture shall be made out and recorded 
 
 in the respective Departments under which they are to 
 serve, and the Department seal affixed thereto, any laws 
 to the contrary notwithstanding : Provided", That the said 
 seal shall not be affixed to any such commission before the 
 same shall have been signed by the President of the United 
 States. Act of March 28, 1896 (29 Stat. L., 75). 
 
 EXAMINATIONS FOR PROMOTION. 
 
 941. That the President be, and he is hereby, authorized 
 
 to prescribe a system of examination of all officers of the n j a () 1 j cers 
 Army below the rank of major to determine their fitness 18 |e<^ 
 for promotion, such an examination to be conducted at 
 such times anterior to the accruing of the right to promo- 
 tion as may be best for the interests of the service : Pro- where officer 
 videdj That the President may waive the examination 
 promotion to any grade in the case of any officer who in ' 
 pursuance of existing law has passed a satisfactory exami- 
 nation for such grade prior to the passage of this act : And 
 provided, That if any officer fails to pass a satisfactory 
 
 regimentally, to major, lieutenant-colonel, and colonel, according to arm of service." 
 This rule, which was replaced by the act of October 1, 1890 (paragraph 938, supra), had 
 its origin in an order of the Secretary of War, dated May 26, 1 801 , which declared that 
 "promotions to the rank of captain shall be made regimentally, and to the rank of 
 major and lieutenant-colonel in the lines of the artillery and infantry, respectively." 
 This order was supplemented by another, issued on May 7, 1808, making the above 
 rule for promotion in the infantry and artillery applicable to the cavalry and rifle- 
 men. 
 
 The earliest Congressional action on the subject of promotion in the Army is con- 
 tained in the fifth section of the act of June 26, 1812 (2 Stat. L., 764), which provided 
 that thereafter "the promotion shall be made through the lines of artillerists, light 
 artillery, dragoons, riflemen, and infantry, respectively, according to established rule." 
 The rule therein referred to is that which was established by the executive order as 
 above stated, and the effect of the statute was to give the order a legislative sanction. 
 Subsequently, by section 12 of the act of March 30, 1814 (3 Stat. L., 113), It was provided 
 "that from and after the passage of this act, promotions may be made through the 
 whole Army in its several lines of light artillery, light dragoons, artillery, infantry 
 and riflemen, respectively." Since the enactment of this last provision, which con- 
 tinued in force down to the revision of the statutes, promotion to the rank of captain 
 have uniformly been made regimentally; so that the construction given thereto, in 
 practice, has been that it made no change or modification of the previously existing 
 According to this construction (which was acted upon for about sixty years) 
 of 1814, while it contemplated that promotions should be made in the several 
 
 etc. 
 
 rules. 
 
 the act of 1814 
 
 lines or arms through the whole Army, and that officers should be promoted only in 
 
 their respective lines or arms, did not prescribe how promotions within the lines or 
 
 arms should be made, whether regimentally or lineally. As thus understood and 
 
 the language of the act is susceptible of that interpretation there was no conflict 
 
 between it and the rule adverted to. 
 
 Section 1204, Revised Statutes, contains substantially a re-enactment of the provi- 
 sion above quoted from the act of 1814. When embodying that provision in the Re- 
 vised Statutes, it is reasonable to presume that Congress was familiar with the con- 
 struction which had been placed thereon, and so long acted upon by the Executive 
 Department, and that if it had been the intention of that body to introduce a differ- 
 ent rule on the subject of promotion, different phraseolgy would have been chosen to 
 signify such design. By adopting the language of the previous statute the fair 
 inference is that its construction was acquiesced in, and that no change in the law 
 of promotion was intended. (17 Opin. Att. Gen., 65.) See, also, paragraph 980, post. 
 
334 THE MILITARY LAWS OF THE UNITED STATES. 
 
 examination and is reported unfit for promotion, the officer 
 
 next below him in rank, having passed said examination, 
 
 Retirement on shall receive the promotion : And provided. That should 
 
 physical diaabil- ' i i TI_J? j 
 
 fty contracted in the officer fail in his physical examination, and be round 
 luty ' incapacitated for service by reason of physical disability 
 contracted in line of duty he shall be retired with the rank 
 f r ^ wn * cn nis seniority entitled him to be promoted; but if 
 
 her easn 
 
 Failure on re ne should fail for any other reason he shall be suspended 
 
 examination. ' . 
 
 from promotion for one year, when he shall be reexammed, 
 
 and in case of failure on such reexamination he shall be 
 
 honorably discharged with one year's pay from the Army. 1 
 
 Examination 942. That the examination of officers appointed in the 
 
 pointed from Army from civil life, or of officers who were officers of vol- 
 
 civil life, etc. 
 
 unteers only, or were officers of the militia of the several 
 States called into tne service of the United States, or were 
 enlisted men in the regular or volunteer service, either in 
 the Army, Navy, or Marine Corps, during the war of the 
 rebellion, shall be conducted by boards composed entirely 
 
 composition of of officers who were appointed from civil life or of officers 
 who were officers of volunteers only during said war, and 
 such examination shall relate to fitness for practical service 
 
 Practical fit- and not to technical and scientific knowledge; and in case 
 
 Failure. of failure of any such officer in the re-examination herein- 
 before provided for, he shall be placed upon the retired 
 
 NO existing list of the Army; and no act now in force shall be so con- 
 
 law to limit re- 
 
 tirement. strued as to limit or restrict the retirement of officers as 
 
 herein provided for. Sec. 3, act of October 1, 1890 (26 Stat. 
 L., 562-). 
 officers from 943. That officers entitled by this section to examination 
 
 civil life may 
 
 waive board of by a board composed entirely of officers who were appointed 
 
 similar charac- * _ _ -. ' - 
 
 ter. from civil life, or who were otncers 01 volunteers only during 
 
 27, p. Ire. 1 v ' the war, may, by written waiver filed with the War Depart- 
 ment, relinquish such right, in which case the examination 
 of such officers shall be conducted by boards composed as 
 shall be directed by the Secretary of War. Sec. 1, act of 
 July 27, 1892 (27 Stat. L., 276}. 
 
 PROMOTION OF CADETS. 
 
 cadets to be 944. That when any cadet of the United States Military 
 
 commissioned 
 
 second lieuten- Academy has gone through all its classes and received a 
 
 ants in any arm V * , 
 
 or corps m which regular diploma from the academic staff, he may be pro- 
 ^*May i7?i886?V. moted and commissioned as a second lieutenant in any arm 
 
 24, p. 50. 
 
 'Section 2 of the act of May 17, 1886 (24 Stat. L., 276) provides "that the exami- 
 nation of officers of the Corps of Engineers and Ordnance Department who were 
 officers or enlisted men in the regular or volunteer service, either in the Army, 
 Navy, or the Marine Corps, during the War of the Rebellion, shall be conducted by 
 boards composed in the same manner as for the examination of other officers of their 
 respective corps and department; and the examinations shall embrace the same sub- 
 jects prescribed for all other officers of similar grades in the Corps of Engineers and 
 Ordnance Department, respectively." 
 
THE MILITARY LAWS OF THE UNITED STATES. 335 
 
 or corps of the Army in which there may be a vacancy and 
 the duties of which he may have been judged competent 
 to perform ; and in case, there shall not at the time be a 
 vacancy in such arm or corps, he may, at the discretion of 
 the President, be promoted and commissioned in it as an 
 
 additional second lieutenant, with the usual pay and allow- Additional sec- 
 ond lieutenants. 
 
 ances of a second lieutenant, until a vacancy shall happen. 
 Act of May 17, 1886 (34 Stat. L., 50). 
 
 945. That every cadet who has heretofore graduated or 
 may hereafter graduate at the West Point Military Acad- 
 
 emy, and who has been or may hereafter be commissioned U |^ n i 26 i B s 
 a second lieutenant in the Army of the United States, 24 De - 5 2o, isse, v. 
 under the laws appointing such graduates to the Army, 
 shall be allowed full pay as second lieutenant from the date 
 of his graduation to the date of his acceptance of and 
 qualification under his commission and during his gradua- 
 tion leave, in accordance with the uniform practice which 
 has prevailed since the establishment of the Military 
 Academy. Act of December 20, 1886 (24 Stat. L., 351). 
 
 PROMOTION OF ENLISTED MEN. 
 
 946. That the President be, and he is hereby, authorized Promotion of 
 
 ., _ _ ,. . , _ , enlisted men. 
 
 to prescribe a system of examination of enlisted men of the sec. 1214, B. s. 
 Army, by such boards as may be established by him, to 
 determine their fitness for promotion to the grade of second 
 lieutenant: Provided, That all unmarried soldiers under Jjf^jgjj^j: 
 thirty years of age, who are citizens of the United States, 27,p.336! 
 are physically sound, who have served honorably not less 
 than two years in the Army, and who have borne a good 
 moral character before and after enlistment, may compete 
 for promotion under any system authorized by this act. 1 
 Act of July 30, 1892 (27 Stat. L., 336). 
 
 947. That the members and recorder of such boards as bo ^ d aminatioir 
 may be established by the President, under the provisions ' sec.'2,i&z. 
 
 'Under the authority conferred by this statute, the following system of examina- 
 tion has been prescribed: 
 
 With a view to the selection of proper enlisted men of the Army as "candidates 
 for promotion" to the grade of second lieutenant, each department commander will, 
 as soon as practicable after March 15 of each year, convene a board of five officers 
 for the preliminary examination of the soldiers of his command who are legally 
 qualified applicants for a commission, to determine their eligibility for the competi- 
 tive examination. This board will institute a rigid inquiry into the character, capac- 
 ity, record, and qualifications of the several candidates, and will recommend none 
 for competitive examination who are not able to establish their fitness for promo- 
 tion to the entire satisfaction of the board. On September 1 of each year the War 
 Department will convene a board of five officers for the final competitive examination 
 to determine the fitness and order of merit for promotion of the soldiers who have 
 successfully passed the preliminary examination. Two members of each board will 
 be officers of the Medical Department. (Par. 25, A. E,., 1895.) 
 
 Each enlisted man recommended in accordance with the law and the foregoing 
 regulation will receive from the Adjutant-General of the Army a certificate of eligi- 
 bility for appointment to the grade of second lieutenant and will be known as a 
 "candidate" for promotion. He will have the title "candidate" prefixed to his 
 name in all rolls, returns, orders, and correspondence in which it appears, and will 
 be entitled to wear the candidate's stripes on the sleeves of uniform coat, blouse, 
 and overcoat so long as he holds this specially honorable position. The candidate's 
 stripe will be worn on the upper half of each cuff. It will consist of a double stripe 
 running the length of the cuff, pointed at the upper end and with a small button 
 below the point of the stripe; for uniform coat, of gold braid; for blouse and over- 
 
336 THE MILITARY LAWS OF THE UNITED STATES. 
 
 of the preceding section, shall be sworn in every case to 
 discharge their duties honestly and faithfully; and the 
 boards may examine witnesses, and take depositions, for 
 which purposes they shall have such powers of a court of 
 inquiry as may be necessary. Sec. 2, ibid. 
 
 Examinations. 948. That the vacancies in the grade of second lieutenant 
 
 5ec. 3, Md. heretofore filled by the promotion of meritorious non-commis- 
 sioned officers of the Army, under the provisions of section 
 three of the act approved June eighteenth, eighteen hun- 
 dred and seventy-eight, shall be filled by the appointment 
 of competitors favorably recommended under this act, in 
 the order of merit established by the final examination. 
 
 certificates of Each man who passes the final examination shall receive 
 a certificate of eligibility, setting forth the subjects in 
 which he is proficient and the especial grounds upon which 
 the recommendation is based: Provided, That not more 
 than two examinations shall be accorded to the same com- 
 petitor. Sec. 3, ibid. 
 
 Effect of court- 949. That all rights and privileges arising from a certifi- 
 cate of eligibility may be vacated by sentence of a court- 
 martial, but no soldier, while holding the privileges of a 
 certificate, shall be brought before a garrison or regimental 
 conrt-martial or summary court. Sec. 4, ibid. 
 
 coat, of cloth of same color as facings of uniform ; width of braid or cloth, one- 
 quarter inch ; width of space between braid, one-eighth inch. (Par. 26, ibid.) 
 
 The eligibility of a candidate for appointment as second lieutenant and his privi- 
 leges as candidate terminate the 1st of September next succeeding his competitive 
 examination, unless he shall again be recommended on competitive examination. A 
 candidate who becomes ineligible by reason of age will be entitled to wear the can- 
 didate's stripe on the left sleeve so long as he maintains his good standing in the 
 service. Having passed a departmental board, but having failed to pass the com- 
 petitive board, he may again be examined by the competitive board on proper appli- 
 cation made through department headquarters ; he will not be required to pass a 
 departmental board a second time. An applicant who twice fails in competitive 
 examination to obtain a certificate of eligibility as candidate for promotion can not 
 again compete for that position. (Par. 27, ibid.) 
 
 Candidates who may be guilty of misconduct will be promptly reported to the 
 Adjutant-General of the Army, through regimental and department headquarters, 
 the report to contain a full statement of the alleged misconduct, with names of wit- 
 nesses. The department commander will see that the candidate has a fair and im- 
 partial hearing, and will forward the report for the decision of the Secretary of War. 
 (Par. 28, ibid.) 
 
 Candidates for promotion will not be deprived of the privileges of their position 
 unless by sentence of a general court-martial or the order of the Secretary of War, 
 except by operation of law or regulations. While holding the privileges of that 
 position they will not be brought before a summary or field officer's court, or a gar- 
 ' rison or regimental court-martial. (Par. 29, ibid.) 
 
 A soldier to bo eligible for the position of candidate for promotion must be a citi- 
 zen of the United States, unmarried, between 21 and 30 years of age on the 1st of 
 
 will have served honorably not less than two years, exclusive of technical service 
 due to furlough or other absence from duty in "his own interest ; (a) nor for the final 
 competitive examination unless he shall have so served. Applications will be made 
 to department commanders on or before February 1 of each year, and company com- 
 manders in forwarding them will certify all furloughs had by applicants, stating 
 under what authority they were granted. (Par. 30, ibid.) 
 
 a Referring to paragraph 30, Army Regulations, the phrase "exclusive of tech- 
 nical service due to furlough or other absence from duty in his own interest ' ' will not 
 apply to leave of absence or furlough granted to an enlisted man during the first 
 two years of enlistment not exceeding fifteen days in all, nor to such longer furlough 
 as is now authorized by paragraph 107, Army Regulations, in a case which may be 
 determined by competent authority to be extraordinary. (Decision Assistant Secre- 
 tary of War, January 13, 1896. Circular No. 2, A. G. O,, 1896.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 337 
 
 LEAVES OF ABSENCE SICK LEAVES. 
 
 950. Officers when absent on account of sickness or 8e ^J durin ab - 
 wounds, or lawfully absent from duty and waiting orders, 2 o A v g if' P 86 29o- 
 shall receive full pay; when absent with leave, for other Ma ' 
 
 causes, full pay during such absence not exceeding in the 2 
 
 aggregate thirty days in one year, and half pay during Jj isjo, s24, 
 such absence exceeding thirty days in one year. When isw, v. is, p. 43. ' 
 absent without leave, they shall forfeit all pay during such 
 absence, unless the absence is excused as unavoidable. 1 
 
 951. That an act approved May eighth, eighteen hun- Leav <> on ftu 
 dred and seventy- four, in regard to leave of absence of ^Juiyra.isre.v. 
 Army officers, be, and the same is hereby, so amended 
 that all officers on duty shall be allowed, in the discretion 
 of the Secretary of War, sixty days' leave of absence 
 without deduction of pay or allowances : Provided, That 
 the same be taken once in two years : And provided fur- 
 ther, That the leave of absence may be extended to three 
 months, if taken once only in three years, or four months 
 if taken once only in four years. 2 Act of July 29, 1876 (19 
 Stat. L.j 102). 
 
 An officer of the Army who is ordered, even on his own request, to proceed to a 
 particular place, including his home, and "there a wait orders, 'reporting thence by 
 letter to the Adjutant-General of the Army and to the headquarters of the Depart- 
 ment to which he then belongs, is not an officer "absent from duty with leave" 
 within the act of March 3, 1863 (12 Stat. L., 736), which enacts that "any officer ab- 
 sent from duty with leave, except from sickness or wounds, shall during his absence 
 receive half the pay and allowances prescribed by law and no more." Such an offi- 
 cer is waiting orders in pursuance of law, but is not absent from dutv on leave. TJ. 
 S. v. Williamson, 23 Wall., 411. 
 
 This statute is amendatory of the act of May 8, 1874, which provided "that all 
 officers on duty at any point west of a line drawn north and south through Omaha 
 City, and north of a line drawn east and west upon the southern boundary of Ari- 
 zona, shall be allowed sixty days' leave of absence without deduction of pay or allow- 
 ances: Provided, That the same is taken but once in two years: And provided 
 further, That the leave of absence may be extended to three months, if taken once 
 only in three years; or four months if taken once only in four years." 
 
 2 LEAVES OF ABSENCE. 
 
 In time of peace the commander of a post may grant leaves of absence not to 
 exceed seven days at one time, or in the same month ; and he may give permission 
 to apply to the proper authority for extension of such leaves for a period not to 
 exceed twenty -three days. (Par. 44, A. E., 1895.) 
 
 The commander of a post may take leave of absence not to exceed seven days at 
 one time, or in the same month, reporting the fact to his next superior commander. 
 (Par. 45, ibid.) 
 
 A department commander may grant leaves for one month and the Commanding 
 General of the Army for two months ; or they may extend to such periods those 
 granted by subordinate commanders. Applications for leaves of more than two 
 months' duration, or from officers of the staff corps and departments for more than 
 one month, or from department commanders desiring leaves of absence to pass 
 beyond the territorial limits of their commands, will be forwarded to the Adjutant- 
 General of the Army for the action of the Secretary of War. (Par. 46, ibid.) 
 
 An application for leave must state its desired duration. Intermediate command- 
 ers will indorse their recommendations upon the application. (Par. 47, ibid.) 
 
 Chiefs of bureaus may grant leaves for one month to officers of their respective 
 corps serving under their immediate direction, or extend to that period those already 
 granted to such officers. (Par. 48, ibid.) 
 
 Leaves of absence for three months, from date of graduation, will be allowed to 
 graduates of the Military Academy. They will not be counted against them in sub- 
 sequent applications for leave, but can not be postponed to another time. (Par. 49, 
 ibid.) 
 
 For statutes regulating pay during leave of absence, see the title "Pay during 
 absence" in the chapter entitled THE PAY DEPARTMENT. 
 
 SICK LEAVES. 
 
 The Commanding General of the Army and department commanders have the 
 same authority to grant leaves of absence on account of sickness as to grant ordinary 
 
338 THE MILITARY LAWS OF THE UNITED STATES. 
 
 TRANSFERS. 
 
 thestaff 6 to 952t Officers may be transferred from the line to the staff 
 52^ a IV 3 2 181 8i9' f tne Army without prejudice to their rank or promotion 
 Apr. 24, 1816, c ! i n the line: but no officer shall hold, at the same time, an 
 
 69, s.9, v. 3, p. 298; 
 
 June is, 1846,^. appointment in the line and an appointment in the staff 
 sec. 1205, B.S. which confer equal rank in the Army. When any officer 
 so transferred has, in virtue of .seniority, obtained or be- 
 come entitled to a grade of his regiment equal to the grade 
 of his commission in the staff, he shall vacate either his 
 commission in the line or his commission in the staff. 1 
 
 RESIGNATIONS. 
 
 e8- 953< ^ nv officer who, having tendered his resignation, 
 quits his post or proper duties, without leave, and with 
 intent to remain permanently absent therefrom, prior to 
 due notice of the acceptance of the same, shall be deemed 
 and punished as a deserter. 2 Forty-ninth article of war. 
 
 leaves. Permission to go beyond the limits of the command in which the applicant 
 is stationed will be given only when the certificate of the medical officer shall state 
 explicitly that it is necessary to afford rapid or perfect recovery. (Par. 61, A. E,., 
 1895.) 
 
 Application for leave of absence on account of sickness will be made to the com- 
 manding officer, who will refer it to the surgeon. The surgeon will examine the 
 
 if known, and the period during which the officer has Buffered from it. He will also 
 give his opinion as to whether the disease, wound, or disability can be satisfactorily 
 treated within the department in which the officer is stationed, or whether a change 
 of climate or locality within the United States is necessary to afford more rapid or 
 perfect recovery, in which case the special place or region recommended will be 
 designated, with reasons therefor. The surgeon will also state whether, in his opin- 
 ion, the disease, wound, or disability requires treatment by a specialist; and if so, 
 the nearest place where it can be obtained; also whether the wound or disease in- 
 capacitates the officer from all duty, or whether he can perform special duty ; and if 
 so, the kind that he may undertake without endangering his ultimate cure. (Par. 
 62, ibid.) 
 
 1 Officers transferred from one arm or corps to another, on mutual application, will 
 be nominated for reappointment with rank as of the date of the commission of the 
 junior officer previous to the transfer, and upon confirmation will berecommissioned 
 accordingly. An officer of the lowest grade in any arm or corps who may be trans- 
 ferred, on his own application, to a vacancy in his grade in any other armor corps 
 will take rank next after the junior officer of the arm or corps to which he is trans- 
 ferred, and will be nominated for reappointment, with a new date of rank if neces- 
 sary to fix his proper position, and upon confirmation will be recom missioned 
 accordingly. These new appointments and commissions will determine the rank of 
 transferred officers in their regiments and corps, as well as in the Army. (Par. 42, 
 A. K., 1895.) 
 
 Officers in each arm of the service will be transferred from one regiment to another 
 therein, as the interests of the service require, by orders from the War Department, 
 without change of rank or commission. The transfer or exchange of company offi- 
 cers of a regiment will be made by the Commanding General of the Army. (Par. 
 43, ibid.) See also paragraph 697, ante. 
 
 2 A valid resignation and an unconditional acceptance of it, accompanied by proper 
 notification of it, operate to remove an officer from the military service. Bennett v. 
 U. S., 19 C. Cls. R., 379. And a new appointment is required to restore him to the 
 office. 12 Opin. Att. Gen., 555. An immediate and unconditional resignation severs, 
 absolutely, an officer's connection with the Army. Turnley v. U. S., 24 C. Cls. E., 317. 
 It has been held by a United States court that "a civil officer has a right to resign 
 his office at pleasure, and it is not in the power of the Executive to compel him to 
 remain in office." In a case of a military officer, however, this right is subject to 
 certain restrictions growing out of the military status. Thus, while in time of 
 peace, an officer of the Army, in good standing, i'a in general entitled to tender and 
 have accepted his resignation yet, in time of war, or when grave embarrassment to 
 A1 - - ,-.,.,. ? -his duty, the accept- 
 
 ance of his resignation may properly be refused. And so, where he has tendered 
 his resignation while under charges, and a failure of justice might result from allow- 
 ing him to evade trial. Dig. Opin. J. A. G., 662. 
 A military officer who has tendered his resignation, but who continues in service, 
 
THE MILITARY LAWS OF THE UNITED STATES. 339 
 
 954. Any officer of the Army who accepts or holds any 
 appointment in the diplomatic or consular service of 
 Government shall be considered as having resigned his 38, s. 2,'v. is. P . bsl 
 place in the Army, and it shall be filled as a vacancy. 
 
 DISMISSAL. 
 
 955. No officer of the Army who has been or may be dis- 
 
 missed from the service by the sentence of a general court- ce j; ly 20 1868 c 
 martial, formally approved by the proper reviewing author- 18 |;J : J 
 ity, shall ever be restored to the military service, except 
 by a reappointmeut confirmed by the Senate. 1 
 
 956. The President is authorized to drop from the rolls of 
 the Army for desertion any officer who is absent from duty 
 three months without leave : and no officer so dropped shall T 10 . 6 - , 
 
 July 15, 1870, c. 
 - 294, . 17, v. 16, p. 
 
 doing actual duty, is entitled to pay up to the time he is notified of the acceptance 319; July 13,1866, 
 of his resignation. Barger v. U. S.", 6 C. Cls. R., 35 ; Dig. J. A. Gen., 662, 663. c. 176, s. 5, v. 14, p. 
 
 A mere offer to resign, or tender of resignation is revocable at any time before 92. 
 acceptance. But after an acceptance, and before effect has been given to the same Sec. 1229, R. S. 
 by notice, the offer can not be withdrawn, or materially modified oy the act of the 
 officer alone, but the consent of the appointing power is also necessary. Dig. J. A.G., 
 663. 
 
 The acceptance of an officer's resignation becomes operative and severs him from 
 the military service upon his receiving either actual or constructive notice of such 
 acceptance. Dig. J. A. G., 663. 
 
 While a tender of his resignation by an insane officer is, in general, without legal 
 effect, and incapable of being legally accepted, yet where a resignation so tendered 
 was, in the absence, at the War Department, of any knowledge of his insanity, 
 formally accepted, held that the acceptance could not be legally revoked, and that 
 the appointment to the vacancy was valid and operative. Dig. J. A. G., 663. When 
 an officer tenders his resignation, and the question of his sanity is passed upon by 
 his commanding officer, and it is by him determined that he is of sane mind, a court 
 cannot re-examine the question. Blake v. U. S., 13 C. Cls. R., 402. 
 
 Where an officer appointed during a recess of the Senate, after taking the oath of 
 office and notifying the Department of his acceptance, is ordered to return the 
 appointment, his obeying the order is not a resignation. O'Shea v. U. S., 28 C. Cls. 
 R., 392. 
 
 An officer who places his conditional resignation in the hands of his commanding 
 officer, to be forwarded by that officer upon a breach of the said condition, of which 
 breach such commanding officer is to be the judge, and authorizes him to insert a 
 date in such resignation and to forward it for acceptance, is held to have made a 
 valid tender of his resignation, and, upon its acceptance by the President, such 
 officer ceases to be an officer of the Army. Mimmack v. U. S\, 97 U. S., 426, 436; 12 
 Opin. Att. Gen., 555. 
 
 If an officer's connection with the service has been legally severed by resignation, 
 dismissal, or otherwise, he can again enter only by the appointment of the President, 
 with the consent of the Senate. Montgomery v. U. S., 19 C. Cls. R., 338; Miller v. 
 U. S., ibid, 338; Mimmack v. U. S., 97 U. S., 426; McElrath v. U. S., 102 U. S., 426: 
 Blake v. U. S., 103 U. S., 227; Keyes v.U. S., 109 U. S., 336, 339. 
 
 dismissal by Executive order is quite distinct from dismissal by sentence. The 
 latter is a punishment; the former is removal from office. The power to dismiss 
 which, as being an incident to the power to appoint public officers, had been 
 regarded since 1789 as vested in the President by the Constitution was, for the first 
 time, by section 5 of the act of July 13, 1886 (re enacted in the second clause of the 
 present Ninety -ninth Articleof War and in section 1229, Revised Statutes), expressly 
 divested by Congress, in so far as respects its exercise in time of peace. By the 
 statute it is now authorized only in time of war. Dig. J. A. G., 369, par. 1. 
 
 The practical results of this statute, in connection with other provisions of law 
 bearing upon the subject, are these: That in time of war the President may dismiss 
 an officer from service at any moment and for any cause; that in time of peace he 
 may dismiss him for cause, with the co-operation of a court-martial; or remove him 
 without oause with the consent of the Senate. Street v. U. S., 24 C. Cls. R., 248 ; Blake 
 v. U.S., 103 U. S.,227; McElrath v. U. S., 102 TJ. S., 426; Fletcher v. U. S., 26 C.Cls. 
 R., 541. 
 
 The President has the power to remove an officer of the Army by the appointment 
 of another in his place, by and with the advice and consent of the Senate, and such 
 power is not withdrawn by the provisions of section 5 of the act of July 13, 1866 
 (section 1229, Revised Statutes), and this provision does not restrict the power of the 
 President, by and with the advice and consent of the Senate, to displace officers of 
 the Army and Navy by the appointment of others in their places. Keyes v. U. S., 
 109 U.S., 336, 339; Blake v. U. S., 103 U. S , 227; McElrath v. U. S., 102 U. S., 426; Mim- 
 mack v. U. S., 97 U. S., 426; U.S. v. Corson, 114 U. S.,619; Montgomery v. U.S., 190. 
 Cls. R.,370; Bonnett v. U. S.,ibid, 379; Palen v. U. S., ibid, 389; McBlair v. U.S., 
 ibid, 528 ; Vanderslice v. U. S., ibid, 480 ; 15 Opin. Att. Gen., 407. 
 
340 THE MILITARY LAWS OF THE UNITED STATES. 
 
 be eligible for reappointment. And no officer in the mili- 
 tary, or naval service shall in time of peace be dismissed 
 from service except upon and in pursuance of the sentence of 
 a court-martial to that effect, or in commutation thereof. 1 
 officers dis- 957. When any officer, dismissed by order of the Presi- 
 
 missed by Presi- 
 
 dentinaydeniami dent, makes, in writing, an application for trial, setting 
 Mar. 3, 1865, c. forth, under oath, that he has been wrongfully dismissed, 
 
 79 s 12 v W, p. 
 
 489; June 22, 1874,' the President shall, as soon as the necessities of the service 
 
 c. 392, s.2, v. 18. p. ., ,. , , i /v 
 
 192. may permit, convene a court-martial, to try such officer on 
 
 the charges on which he shall have been dismissed. And 
 if a court-martial is not so convened within six months 
 from the presentation of such application for trial, or if 
 such court, being convened, does not award dismissal or 
 death as the punishment of such officer, the order of dis- 
 missal by the President shall be void. 2 
 
 DETAILS TO COLLEGES. 
 
 Par. 
 
 958. Details to college duty. 
 
 959. Ordnance stores, etc. 
 
 960. Detail as professor in a col- 
 
 lege. 
 
 Par. 
 
 961. Detail of retired officers. 
 
 962. Number of officers increased. 
 
 963. Detail of retired officers not 
 
 limited ; issues of ordnance. 
 
 DETAILS FROM THE ACTIVE LIST. 
 
 Details to coi- 95g. The President may, upon the application of any 
 e |ept U 2?,'i888,v. established military institute, seminary or academy, college 
 
 Sec. 1225, B. s. or university within the United States, having capacity to 
 educate at the same time not less than one hundred and 
 fifty male students, detail an officer of the Army or Navy 
 to act as superintendent or professor thereof; but the num- 
 
 Limit. ber ot officers so detailed shall not exceed (one hundred] 3 
 
 from the Army and ten from the Navy, being a maximum 
 of one hundred and ten, at any time, and they shall be 
 apportioned throughout the United States, first, to those 
 State institutions applying for such detail that are required 
 to provide instruction in military tactics under the pro- 
 
 1 The jurisdiction to find and determine the fact of desertion, under this section, 
 is vested in the President alone, and his decision thereon can not be reviewed by the 
 courts. Newton v. TJ. S., 18 C. Cls. B,., 435. The discharge of an officer does not re- 
 lieve the Government from its obligations until he is notified of the fact and actu- 
 ally discharged from service. Gould v. U. S., 19 C. Cls. R , 593. A summary dismissal 
 of an officer does not properly take effect until the order of dismissal, or an official 
 copy of the same, is delivered to him, or he is otherwise officially notified of the fact 
 of his dismissal. Dig. J. A. G., 370, par. 5. A dismissal of an officer by Executive 
 order does not operate to disqualify him for reappointment to military office, or for 
 appointment to civil office under the United States. Ibid, 370, par. 7 
 
 2 To take advantage of the benefit conferred by this section, the officer must ap- 
 ply for trial within a reasonable time after dismissal, or acquiescence will be pre- 
 sumed. A delay of nine years in a particular case held to create such presumption 
 of acquiescence. Newton v. U. S., 18 C. Cls. R.,435; Germaine v. U. S., 26, ibid, 383. 
 
 Where the President is authorized by law to reinstate a discharged Army officer, 
 he may do so without the advice and consent of the Senate. Collins v. U. S., 15 C. 
 Cls. R., 22 For a list of officers so reinstated see Collins Case, 14 C. Cls. R., 568, 571. 
 
 s Increased from 50 to 75 by the act of January 13, 1891 (26 Stat, L., 716), and to 
 100 by the act of November 1, 1893 (28 Stat. L., 7), (par. 962, post). 
 
THE MILITARY LAWS OF THE UNITED STATES. 341 
 
 visions of the act of Congress of July second, eighteen 
 hundred and sixty-two, donating lands for the establish- 
 ment of colleges where the leading object shall be the 
 practical instruction of the industrial classes in agriculture 
 and the mechanic arts, including military tactics; and 
 after that, said details to be distributed, as nearly as may 
 be practicable, according to population. 
 
 959. The Secretary of War is authorized to issue, at his f J ^JJJ ^ 8 * 0108 
 discretion and under proper regulations to be prescribed sept. 20, isss.v. 
 by him, out of ordnance and ordnance stores belonging to 
 
 the Government, and which can be spared for that purpose, 
 such number of the same as may appear to be required for 
 military instruction and practice by the students of any 
 college or university under the provisions of this section, 
 and the Secretary shall require a bond in each case, in 
 double the value of the property, for the care and safe 
 keeping thereof, and for the return of .the same when 
 required: Provided, That nothing in this act shall be so 
 construed as to prevent the detail of officers of the Engi- 
 neer Corps of the Navy as professors in scientific schools 
 or colleges as now provided by act of Congress approved 
 February twenty-sixth, eighteen hundred and seventy- 
 nine, entitled "An act to promote a knowledge of steam- 
 engineering and iron-ship building among the students of 
 scientific schools or colleges in the United States;" and 
 the Secretary of War is hereby authorized to issue ord- 
 nance and ordnance stores belonging to the Government 
 on the terms and conditions hereinbefore provided to any 
 college or university at which a retired officer of the Army 
 may be assigned as provided by section twelve hundred 
 and sixty of the Eevised Statutes. 1 Act of September 26, 
 1888 (25 Stat. L., 491). 
 
 DETAILS FROM THE RETIRED LIST. 
 
 960. Any retired officer may, on his own application, be Detail as Pro- 
 
 fessor in a college. 
 
 detailed to serve as professor in any college. But while so July p. 187 . c - 
 serving, such officer shall be allowed no additional compen- 320'; Feb! 27,1877, 
 
 ,. c. 69, v. 19, p. 242. 
 
 SatlOn. Sec. 1260, R. S. 
 
 961. That upon the application of any college, university, 
 or institution of learning incorporated under the laws of 
 any State within the United States, having capacity at the 
 
 same time to educate not less than one hundred and fifty Detail of retired 
 male students, the President may detail an officer of the June ie, isso.v. 
 Army on the retired list to act as president, superin- 
 
 J This statute repeals and replaces section 1225, Revised Statutes, as amended by 
 the act of July 5, 1884, " saving always, however, all acts and things done under the 
 said amended section as heretofore existing." 
 
342 THE MILITARY LAWS OF THE UNITED STATES. 
 
 tendent, or professor thereof; and such officer may receive 
 from the institution to which he may be detailed the differ- 
 ence between his retired and full pay, and shall not receive 
 
 Additional pay. any additional pay or allowance from the United States. 1 
 Act of June 16, 1880 (21 Stat. L., 113). 
 
 Number of cm- 962. That section twelve hundred and twenty-five of the 
 
 cers increased. 
 
 o NOV. i, 1893, v. Ee vised Statutes, concerning details of officers of the Army 
 and Navy to educational institutions, be, and the same is 
 hereby, amended so as to permit the President to detail 
 under the provisions of said act not to exceed one hundred 
 
 Duration. officers of the Army of the United States; and no officer 
 shall be thus detailed who has not had five years service 
 in the Army and no detail to such duty shall extend for 
 more than four years and officers on the retired list of the 
 Army may upon their own application be detailed to such 
 duty and when so detailed shall receive the full pay of 
 
 Limit as to their rank, 2 and the maximum number of officers of the 
 
 number. 
 
 Army and Navy to be detailed at any one time under the 
 provisions of the act approved January thirteenth, eighteen 
 hundred and ninety-one, amending section twelve hundred 
 and twenty-five of the Eevised Statutes as amended by an 
 act approved September twenty- sixth, eighteen hundred 
 and eighty-eight, is hereby increased to one hundred and 
 ten. Act of November 2, 1893 (28 Stat. L., 7). 
 Detail of re- 963. That nothing in the Act entitled ' 'An Act to increase 
 
 ^lieges noUim the number of officers of the Army to be detailed to colleges," 
 approved November third, eighteen hundred and ninety- 
 three, shall be so construed as to prevent, limit, or restrict 
 the detail of retired officers of the Army at institutions of 
 learning under the provisions of section twelve hundred 
 and sixty, Revised Statutes, and the Act making appropri- 
 ations for the support of the Army, and so forth, approved 
 May fourth, eighteen hundred and eighty, nor to forbid 
 
 n Is c 8 e ie tc f rd *^ e i ssue of ordnance and ordnance stores, as provided in the 
 Act approved September twenty-sixth, eighteen hundred 
 and eighty-eight, amending section twelve hundred and 
 Aug. 6, 1894, v. twenty-five, Revised Statutes, to the institutions at which 
 retired officers may be so detailed; and said Act of Novem- 
 ber third, eighteen hundred and ninety-three, and said Act 
 of May fourth, eighteen hundred and eighty, shall not be 
 
 1 The act of November 3, 1893 (28 Stat. L., 7), authorized officers on the retired list, 
 thereafter detailed, on college duty, to receive the full pay of their grades. This 
 statute was repealed by the act of August 6, 1894 (28 Stat. L., 233). The act of May 
 4, 1880 (21 Stat. L , 509) authorizes retired officers, detailed at colleges, to receive the 
 difference between the active and retired pay of their grades from the institution to 
 which they are detailed. 
 
 2 This provision repealed as to retired officers detailed since August 6, 1894, the 
 date of the repealing statute. The effect of this statute is to give full pay to all 
 retired officers detailed for college duty between November 3, 1893, and August 6, 
 1894. Those detailed under other statutes are not entitled to such increase. 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 343 
 
 construed to allow the full pay of their rank to retired Pa y not 
 
 * " < creased. 
 
 officers detailed under said section twelve hundred and 
 sixty, Revised Statutes, and said Act of May fourth, eight- 
 een hundred and eighty. Act of August 6', 1894 (28 Stat. 
 L., 235}. 
 
 RETIREMENT OF OFFICERS. 1 
 
 Pa*. 
 
 964. Retirement upon officer's own 
 
 application after forty 
 years' service; same on ap- 
 plication, at discretion of 
 President, after thirty 
 years' service. 
 
 965. The same; compulsory re- 
 
 tirement at age 64. 
 
 966. Unlimited retired list. 
 
 967. Retirement at discretion of 
 
 President after forty- five 
 years' service. 
 
 968. Retirement for disability. 
 
 969. Composition of retiring 
 
 board. 
 
 970. Oath of members. 
 
 971. Powers and duties. 
 
 972. Findings. 
 
 Par. 
 
 973. Revision by the President. 
 
 974. Disability incident to service. 
 
 975. Disability not incident to 
 
 service. 
 
 976. Officers entitled to a hearing. 
 
 977. To be retired on actual rank. 
 
 978. Officers retired on actual 
 
 rank. 
 
 979. Status of retired officers. 
 
 980. Vacancies caused by retire- 
 
 ment. 
 
 981. The limited retired list. 
 
 982. Transfers from limited to un- 
 
 limited list. 
 
 983. Service for longevity andTe- 
 
 tirement. 
 
 984. Pay of retired officers. 
 
 985. Rights and liabilities. 
 
 964. When an officer has served forty consecutive years Retirement 
 as a commissioned officer, he shall, if he makes application own application 
 therefor to the President, be retired from active service and service. 
 
 placed upon the retired list. When an officer has 
 
 thirty years in the service, he may, upon his own applica- 
 
 tion, in the discretion of the President, be so retired, aud 16 ^ c .i248,R.s. 
 
 placed on the retired list. 2 
 
 965. That on and after the passage of this act when an The same; 
 officer has served forty years either as an officer or soldier tfremenTat a|e 
 in the regular or volunteer service, or both, he shall, if he 64 Jtme30 (1882)V . 
 make application therefor to the President, be retired from 22 ' P- 117 - 
 active service and placed on the retired list, and, when an 
 officer is sixty -four years of age, he shall be retired from 
 active service and placed on the retired list: Provided 
 further, That the General of the Army, when retired, shall 
 be retired without reduction in his current pay and allow- 
 ances ; and no act now in force shall be so construed as to 
 limit or restrict the retirement of officers as herein provided 
 for. 3 Act of June 30, 1882 (22 Stat. L., 117). 
 
 J For statutes regulating the pay of retired officers, see the title "Pay of officers" 
 in the chapter entitled THE PAY DEPARTMENT. See, also, paragraph 984, post. 
 
 2 The act of June 17, 1878, authorizes service as an officer of volunteers during the 
 War of the Rebellion, or as an enlisted man in the armies of the United States, regu- 
 lar or volunteer, to be credited in the computation of service for longevity pay or 
 retirement. 
 
 3 Compare paragraph 966, post , these statutes created the unlimited retired list. 
 See, also, note 1, to paragraph 066, post. 
 
44 THE MILITARY LAWS OF THE UNITED STATES. 
 
 unlimited re- 966. That nothing contained in the act making appro- 
 MM. 8, issa, v. priations for the support of the Army for the fiscal year 
 ending June thirtieth, eighteen hundred and eighty three, 
 approved June thirtieth, eighteen hundred and eighty-two, 
 shall be so construed as to prevent, limit, or restrict retire- 
 ments from active service in the Army, as authorized by 
 law in force at the date of the approval of said act, retire 
 ments under the provisions of said act of June thirtieth, 
 eighteen hundred and eighty-two, being in addition to those 
 theretofore authorized by law. 1 Act of March 5, 1883 (22 
 Stat. L., 457). 
 Eetirement at 967. When any officer has served forty-five years as a 
 
 discretion of . ITT -u 
 
 President after commissioned officer, or is sixty-two years old, he may be 
 oratTheaglfofel'. retired from active service at the discretion of the Presi- 
 
 July 17, 1862, c. /Ipnt , 2 
 200, 8.12, v. 12, p. U< I1U 
 596. Sec. 1244, B.S. 
 
 Retirement for 968. When any officer has become incapable of perform- 
 ^Aug. 1 ^ 'i86i, c. ing the duties of his office, he shall be either retired from 
 4j 9 8 . 16 v> 12) p< active service, or wholly retired from the service, by the 
 
 sec. 1246, B.S. p^gident^ a s hereinafter provided. 
 
 RETIRING BOARDS. 
 
 composition of 969. The Secretary of War, under the direction of the 
 re Aug g 3, b i86i d 'c. President, shall, from time to time, assemble an Army retir- 
 289 8 ' J? ' v ' 12 ' P * * n board, consisting of not more than nine nor less than 
 
 289. 
 
 sec. 1246, B.S. five o ffi cerS) two-fifths of whom shall be selected from the 
 Medical Corps. The board, excepting the officers selected 
 from the Medical. Corps, shall be composed, as far as may 
 be, of seniors in rank to the officer whose disability is 
 inquired of. 
 
 Oath of mem- 970. The members of said board shall be sworn in every 
 bers - case to discharge their duties honestly and impartially. 
 
 42^ U 17, 3 'v! 8 12,' p! 290 ' Sec ' * 247 , R. S. 
 
 Powers "and 971. A retiring board may inquire into and determine 
 dl Aug.3, iset, c. the facts touching the nature and occasion of the disability 
 42^.8. 17 ' v ' 12 ' p< of any officer who appears to be incapable of performing 
 sec. 1248, R.s. tlie Duties of his office, and shall have such powers of a 
 court-martial and of a court of inquiry as may be neces- 
 sary for that purpose. 3 
 
 Findings. 972. When the board finds an officer incapacitated for 
 
 42 A 8 U T7 3 V 18 i 6 2 1 ' p! active service, it shall also find and report the cause which, 
 
 290. ' 
 Sec. 1249, B. S. i Compare paragraph 965, ante,- these statutes created the unlimited retired list. 
 
 2 The act of June 17, 1878, authorizes service as an officer of volunteers during the 
 War of the Rebellion, or as an enlisted man in the armies of the United States, regular 
 or volunteer, to be credited in the computation of service for longevity pay or retire- 
 ment. See paragraph 983, post. 
 
 3 This provision does not authorize a retiring board to entertain a charge of a mili- 
 tary offense, as such, or to try an officer. Dig. J. A. G., 464, par. 1. The investigation 
 of a retiring board is not affected by any limitation aa to time, as is that of a court- 
 martial. Such a board may therefore inquire into the matter of a disability, however 
 long since it may have originated. Ibid., 664, par. 2. 
 
THE MILITARY LAWS OF THE UNITED STATES. 345 
 
 in its judgment, has produced his incapacity, and whether 
 such cause is an incident of service. 1 
 
 973. The proceedings and decision of the board shall be th j|^ 8 . ion by 
 transmitted to the Secretary of War, and shall be laid by Aug. 3, isei, c . 
 him before the President for his approval or disapproval 29o. 8 ' ' v ' ' p ' 
 
 . ,, Sec.l250,R.S. 
 
 and orders in the case. 
 
 974. When a retiring board finds that an officer is inca- , 
 
 dent to service. 
 
 pacitated for active service, and that his incapacity is the^ug.^, isei.c. 
 result of an incident of service, and such decision is29o. 8 ' 
 approved by the President, said officer shall be retired 
 from active service and placed on the list of retired officers. 
 
 975. When the board finds that an officer is incapacitated . Disability not 
 
 incident to serv- 
 
 for active service, and that his incapacity is not the result ice ^ u 
 
 of any incident of service, and its decision is approved by *2, s.iV.V. 12,' P ! 
 
 the President, 3 the officer shall be retired from active ~serv- s'ec.i252,R.s. 
 
 ice, or wholly retired from the service, as the President 
 
 may determine. The names of officers wholly retired from 
 
 the service shall be omitted from the Army Register.- 
 
 976. Except in cases where an officer may be retired bv officers enti- 
 
 , . ,. ,. , J _ tied to a hearing. 
 
 the President upon his own application, or by reason of Aug.3, isei, c. 
 
 his having served forty-five years, or of his being sixty- 29o. 8 ' 
 
 two years old, no officer shall be retired 3 from active serv- 
 
 ice, nor shall an officer, in any case, be wholly retired 
 
 from the service, without a full and fair hearing before an 
 
 Army retiring board, if, upon due summons, he demands it. 4 
 
 977. Officers hereafter retired from active service shall on T a ct uti rlnk ed 
 be retired upon the actual rank held by them at the date v *[ un p e 3 '. **> 
 of retirement. 3 - 1875 ' v - 18 ' P- 512 - Se - i2 ^' R^-' 
 
 978. That all officers of the Army who have been here- officers retired 
 
 * on actual tank. 
 
 tofore retired by reason of disability arising from wounds sec. 2 Mar. 3, 
 
 lotfu, V. lo, p. 512; 
 
 received in action shall be considered as retired upon the ises, c. 38, s. 2, v. 
 
 15, p. 58. 
 
 1 Held that the cause of incapacity intended in this section was a physical cause; 
 that moral obliquity was not had in view ; and that the matter of the financial integ- 
 rity of the officer was beyond the jurisdiction of the board. Dig. J. A. G., 667, par. 
 15. The incapacity may result from habitual drunkenness. Ibid., 665, par. 5. 
 
 2 The finding of a retiring board, approved by the President, is conclusive as to 
 the facts. The board finds the facts and the President approves or disapproves the 
 
 finding, but the law does not empower him to modify the finding or to substitute a 
 different one. There is here a judicial power, vested in the two, and not in the 
 President acting singly, and when the power has once been fully exercised it is 
 exhausted as to the case. Dig. J. A. G., 668, par. 18; TJ. S. v. Burchard, 125 U. S., 179; 
 U. S. v. Miller, 19 C. Cls. K., 338. 
 
 3 To be "wholly retired," in accordance with the terms of this section, is to be put 
 out of the Army and out of office. An officer wholly retired becomes a civilian, and 
 can be readmitted to the service only by a new appointment. Dig. J. A. G., 666, par. 
 9; Millers U. S., 19 C. Cls. R., 338. 
 
 4 The provision of this section that an officer shall not be " wholly retired from the 
 service without a full and fair hearing before an Army retiring board if, upon due 
 summons, he demands it," may be said to entitle him" to appear before the board 
 (with counsel, if desired), and to introduce testimony of his own, to cross-examine 
 the witnesses examined by the board, including the medical members of the board 
 who may have taken part in the medical examination, and have stated, or reported 
 to the board the result of the same. If the officer does not elect to appear before 
 the board when summoned, he waives the right to a hearing, and can not properly 
 take exception to a conclusion arrived at in his absence. Dig. J. A. G., 665, par. 7. 
 When the President approves and acts upon the report of a retiring board he thereby 
 determines that the officer has had a full and fair hearing. Miller v. U. S., 19 C. 
 Cls. K., 338. But see 16 Att. Gen. Opin., 20. 
 
346 THE MILITARY LAWS OF THE UNITED STATES. 
 
 actual rank held by them, whether iu the regular or volunteer 
 service, at the time when such wound was received, and shall 
 be borne on the retired list and receive pay hereafter accord- 
 ingly; and this section shall be taken and construed to in- 
 clude those now borne on the retired list placed upon it on 
 account of wounds received in action : Provided, That no 
 part of the foregoing act shall apply to those officers who 
 had been in service as commissioned officers twenty-five 
 years at the date of their retirement; nor to those retired 
 officers who had lost an arm or leg, or has an arm or leg 
 permanently disabled by reason of resection, on account of 
 wounds, or both eyes by reason of wounds received in 
 battle; and every such officer now borne on the retired list 
 shall be continued thereon notwithstanding the provisions 
 of section two chapter thirty-eight act of March thirty, 
 eighteen hundred and sixty-eight; and be it also provided, 
 that no retired officer shall be affected by this act, who has 
 been retired or may hereafter be retired on the rank held 
 by him at the time of his retirement. Sec. 5, act of March 
 3, 1815 (18 Stat. L., 512). 
 .. st . at " of re - 979. Officers retired from active service shall be with- 
 
 tired othcers. 
 
 42^16 V?L C ' C ^ rawn fr m command and from the line of promotion. 
 
 289? JulylV, 1862,' c. 200, s. 12, v. 2, p. 596. Sec. 1255, R. S. 
 
 caLtd a n * e 8 ^' ^ nen an y ffi cer i n * ne li ne f promotion is retired 
 tirement. y re from active service, the next officer mrank shall bepromoted 
 42, 8 us i6, V. 12,' p! to his place, according to the established rules of the service ; 
 s'ec.i257,R.s. and the same rule of promotion shall be applied, succes- 
 sively, to the vacancies consequent upon such retirement. 
 The limited re 981. The whole number of officers of the Army on the 
 Aug. 3, i86i, c. retired list shall not at any time exceed three hundred and 
 ,' fifty, and any less number to be allowed thereon maybe 
 ' fixed D the ^^dent in u i s discretion. 1 
 
 v.26,p703. Sec 1258, R.S. 
 
 982> Tliat waen officers who have been placed on the 
 
 ite v U 2o 150 ^ m Jted retired list as established by section seven, chapter 
 amended.^ ^ ' two hundred and sixty-three, page one hundred and fifty, 
 v. 26, p. 763. 'volume twenty, United States Statutes at Large, shall 
 have attained the age of sixty-four years they shall be 
 transferred from said limited retired list to the unlimited 
 list of officers retired by operation of law because of hav- 
 ing attained said age of sixty-four years. And the limited 
 retired list shall hereafter consist of three hundred and 
 fifty instead of four hundred, as now fixed by law: Pro- 
 vided, That officers who have been placed on the retired 
 list by special authority of Congress shall not form part of 
 
 1 Section 7 of the act of June 17, 1878 (20 Stat. L , 144), fixed the strength of the 
 limited retired list at 400. The nuinher on the limited retired list was fixed at 350 
 by the act of February 16, 1891 (26 Stat. L., 703). 
 
THE MILITARY LAWS OF THE UNITED STATES. 347 
 
 the limited retired list established by this act. Act of 
 February 16, 1891 (26 Stat. L., 763). 
 
 983. That on and after the passage of this act, all officers longevity and? e r 
 of the Army of the United States who have served as offi-^g 6 6 ^^^ 
 cers in the volunteer forces during the war of the rebel- 1878 > v - *- P- 15 - 
 lion, or as enlisted men in the armies of the United States, 
 
 regular or volunteer, shall be, and are hereby, credited 
 with the full time they may have served as such officers 
 and as such enlisted men in computing their service for 
 longevity pay and retirement. And the retired list shall Retl 
 hereafter be limited to four hundred in lieu of the number 
 now fixed by law. Sec. 7, act of June 17, 1878 (20 Stat. L., 
 150). 
 
 PAY OF RETIRED OFFICERS. 
 
 984. Officers retired from active service shall receive of ^J 8 of retired 
 seventy-five per centum of the pay of the rank upon which sec. 1274, it. s. 
 they were retired. 1 
 
 MISCELLANEOUS PROVISIONS. 
 
 985. Officers retired from active service shall be entitled bi f e ^ 8 and lia ' 
 to wear the uniform of the rank on which they may be 42 A B U %j 3 v 1 ?2 l p' 
 retired. They shall continue to be borne on the ^ rm y 
 Eegister, and shall be subject to the rules and articles of 
 
 war, and to trial by general court-martial for any breach 
 thereof. 2 
 
 986. Retired officers of the Army may be assigned to 
 
 duty at the Soldiers' Home, upon a selection by the com- Home. ^ ^ ^ 
 missioners of that institution, approved by the Secretary ^ r Yi STO,^ ! 
 of War: and a retired officer shall not be assignable to any 32. v. i6.'p .372'; 
 
 -T t*l>. J7, Io77, C. 
 
 other duty: Provided, That they receive from the Govern- 69 v.io.p 243. 
 
 S6C 1 !?> tK ft* & 
 
 ment only the pay and emoluments allowed by law to 
 retired officers. 3 
 
 1 The pay of retired officers is a matter within the control of Congress, and so is 
 their rank . Wood v. U. S., 15 C. Cls R., 151, and 107 U. S., 414. 
 
 2 A retired officer is subject to trial by court-martial, and a court-martial has juris- 
 diction of offenses committed after the officer was retired. Runklev. U. S., 19 C. Cls. 
 R.,396; Dig.J.A. G.,6G6, par. 11. 
 
 3 A retired Army officer is not prohibited by law from holding office in an Executive 
 Department, nor from receiving the salary thereof in addition to his retired pay. 
 Collins v. U. S., 15 C. Cls. R., 22; Meigs v. U. S., 19 C. Ct., 497. A retired officer may 
 be employed by the War Department. Yates v. U. S., 25 C. Cls. R., 296. Retired offi- 
 cers, as such, do not hold public office. They are in fact pensioners. The position 
 and pay given them constitute a form of pension. They exercise no functions and 
 receive no emoluments of office, but are pensioned for past faithful services or disa- 
 bilities contracted in the line of duty. Their condition and public office have no 
 characteristics in common. Dig. J. A. G., 668, par. 19. See in this connection the 
 act of July 31,1894 (28 Stat. L., 205), which permits retired officers to hold office to 
 which they have been elected by the people or appointed by the President with the 
 advice and consent of the Senate. See also section 7 of the act of June 3, 1896 (29 
 Stat. L., 235), which contains the requirement "that section 2 of the act of July 31, 
 1894 (28 Stat. L., 205), shall not be so construed so to prevent the employment of any 
 retired officer of the Army or Navy to do work under the direction of the Chief of 
 Engineers of the United States Army in connection with the improvement of rivers ' 
 and harbors of the United States, or the payment by the proper officer of the Treas- 
 ury of any amounts agreed upon as compensation for such employment." This pro- 
 vision operates to exempt from the terms of the act of July 31, 1894 (sec. 1763, Rev. 
 Stat.), all retired officers of the Army or Navy who may be employed by the Engi- 
 neer Department upon works of river and harbor improvement. 
 
348 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 987. No person belonging to the Army or Navy shall be 
 to or hold any civil office or appointment in any 
 
 Ineligible for 
 civil office in any 
 
 T M r ar3 y 'i883 v 
 
 22, p. 567.' Territory, except officers of the Army on the retired list. 
 
 Sec . I860; It. S. 
 
 MISCELLANEOUS PROVISIONS RESPECTING COMMISSIONED 
 OFFICERS. 
 
 Par. 
 
 992. Enlisted men not to be used 
 
 as servants. 
 
 993. Effects of deceased officers. 
 
 994. Officers charged with effects 
 
 to account for same. 
 
 Par. 
 
 988. Duties on which officers are 
 
 not to be employed. 
 
 989. Accepting or holding civil 
 
 office. 
 
 990. Army officers to be detailed 
 
 as Indian agents. 
 
 991. Supernumerary officers may, 
 
 on their own request, be 
 discharged with pay, etc. 
 
 U P* 988. No officer of the Army shall be employed on civil 
 
 winch officers of J 
 
 the Army are not works or internal improvements, or be allowed to engage 
 
 to be employed. 
 
 Feb. 27, 1877, v. m the service of any incorporated company, or be employed 
 sec.i224,R.s. as acting paymaster or disbursing- agent of the Indian 
 Department, if such extra employment requires that he 
 shall be separated from his company, regiment, or corps, 
 or if it shall otherwise interfere with the performance of 
 the military duties proper. Act of February 27, 1877 (19 
 Stat. L., 243}. 
 
 hofdtog'cfvli of r 989> No officer of tlie Army on the active list shall hold 
 
 fic jui 15 i87o c au y C * V ^ ffi ce ? whether by election or appointment, and 
 
 294, s.18, v. 16,' p. every such officer who accepts or exercises the functions 
 
 sec. 1222, B.S. of a civil office shall thereby cease to be an officer of the 
 
 Army, and his commission shall be thereby vacated. 
 Army officers 990. That from and after the passage of this act the 
 
 to be detailed as 
 
 Indian agents. President shall detail officers of the United States Armv 
 
 July 13, 1892, v. J 
 
 27, p. 120. to act as Indian agents at all agencies where vacancies 
 
 from any cause may hereafter occur, who, while acting as 
 such agents, shall be under the orders and direction of 
 the Secretary of the Interior, except at agencies where, 
 in the opinion of the President, the public service would 
 be better promoted by the appointment of a civilian. 1 Act 
 of July 13, 1892 (27 Stat. L., 120}. 
 
 aryTfficers^a^ "* ^ na * anv officer who is supernumerary to the per- 
 
 n their own re'- manen t organization of the Army as provided bylaw may, 
 
 charged with at his own request, be honorably discharged from the 
 
 June so, i882, v. Army, and shall thereupon receive one year's pay for each 
 
 five years of his service, but no officer shall receive more 
 
 1 See, for other provisions of law respecting the detail of officers as Indian agents, 
 the chapters entitled THE INDIANS; INDIAN AGENTS ; THK INDIAN COUNTRY. 
 
THE MILITARY LAWS OF THE UNITED STATES. 349 
 
 than three year's pay iu all. Act of June 30, 1882 (22 Stat. 
 ., 118). 
 
 992. No officer shall use an enlisted man as a servant 
 in any case whatever. 
 
 c. 
 
 294, 8. 14, v. 16, p. 
 319. 
 
 W*.* 1 >>*>> 1> G 
 
 DECEASED OFFICERS. 
 
 993. In case of the death of any officer, the major of his 
 regiment, or the officer doing the major's duty, or the sec- 126 Art - War - 
 ond officer in command at any post or garrison, as the case 
 may be, shall immediately secure all his effects then in 
 camp or quarters, and shall make, and transmit to the office 
 of the Department of War, an inventory thereof. 1 One 
 hundred and twenty-fifth Article of War. 
 
 1 DECEASED OFFICERS. 
 
 The death of an officer, with place, cause, day, and hour, -will be reported without 
 delay by his immediate commander direct to the Adjutant-General of the Army. A 
 duplicate of this report will be forwarded to department headquarters. When the 
 death occurs away from the officer's station, in hospital or on leave, the medical 
 officer, if one be present, or any officer having cognizance of the fact, will make the 
 report. (Par. 81. A. K., 1895.) 
 
 Inventories of the effects of deceased officers, as required by the One hundred and 
 twenty-fifth Article of War, will be transmitted to the Adjutant-General of the 
 Army. If legal representatives take possession of the effects, the fact will be stated 
 in the inventory. (Par. 82, ibid.) 
 
 If there be no legal representatives present to receive the effects, a list of them 
 wifl be sent to the nearest relative of the deceased. At the end of two months, if 
 not called for, they will be sold atauctionand accounted for as in the case of deceased 
 soldiers, except that swords, watches, trinkets, and similar articles will be labeled 
 with the name rank, regiment, and date of death of the owner, and sent through the 
 Adjutant-General to the Auditor forthe War Department forthe benefitof theneirs. 
 (Par 83. ibid.) 
 
 Where an officer dies who is responsible for public property or funds, their dispo- 
 sition is provided for by the following provisions of Army Tlegulations : "On the 
 death of an officer in charge of public property or funds, his commanding officer 
 will appoint a board of survey, which will inventory the same, and make the cus- 
 tomary returns therefor, stating accurately amounts and condition. These the com- 
 manding officer will forward to the chiefs of the bureaus to which the property or 
 funds pertain, and he will designate an officer to take charge of such property or 
 funds until orders in the case are received from the proper authority/' (Par. 84, 
 ibid.) 
 
 FUNERAL EXPENSES. 
 
 The disposition of the remains of deceased officers and the payment of funeral 
 expenses are provided for in the following regulation: "The remains of officers 
 killed in action, or who die when on duty in the field or at military posts, or when 
 traveling under orders, will be decently inclosed in coffins, and unless claimed by 
 relatives or friends, will be transported by the Quartermaster's Department to the 
 nearest military post or national cemetery for burial. The expense of transporting 
 the remains is payable from the appropriation for Army transportation ; other ex- 
 penses of burial are limited to $75. If buried at the place of death, the fact will be 
 reported to the Adjutant-General of the Army." (Par. 85, ibid.) 
 
 The annual acts of appropriation since that of June 12, 1858 (11 Stat. L., 333), have 
 contained a provision for the expenses of interment "of officers killed in action or 
 who die when on duty in the field or at military posts, or when on the frontiers, or 
 when traveling under orders." (Act of February 12, 1895, 128 Stat. L., 659.) 
 
 There is no authority of law for the payment of mileage on account of the trans- 
 portation of the remains of a deceased officer of the Army. Such payment would 
 be illegal, and could not properly be allowed by the accounting officers. Under 
 section 2, act of July 24, 1894 (19 Stat. L., 100), mileage ceased to accrue at the point 
 where, and the time when, by reason, of death, an officer ceases to be an officer of 
 the Army. There is nothing in section 1 of the act of September 19, 1890 (26 Stat. 
 L., 456), which is in conflict with this view. (3 Compt. Dec., 209.) 
 
 Held, that the regulation allowance for the expenses of the interment of an officer, 
 as fixed by paragraph 85, Army Regulations, 1895, was not payable in the case of an 
 officer who, at the time of his death, was on sick leave, this being not one. of the 
 cases specified in the Army appropriation acts in which such allowance is author- 
 ized to be paid. Dig. J. A. G., 578, par. 68. Similarly held in the case of an officer 
 
 officer dying at a military post unless he was on duty there at the time of his death 
 
350 THE MILITARY LAWS OF THE UNITED STATES. 
 
 ^SeffeSo g a e c d 994t Officers charged with the care of the effects of 
 c i'27 Art 8 >va 6 ' Deceased officers or soldiers shall account for and deliver 
 the same, or the proceeds thereof, to the legal representa- 
 tives of such deceased officers or soldiers. And no officer 
 so charged shall be permitted to quit the regiment or post 
 until he has deposited in the hands of the commanding 
 officer all the effects of such deceased officers or soldiers 
 not so accounted for and delivered. One hundred and 
 twenty-seventh Article of War. 
 
 and therefore could not be legally allowed in a case of an officer who deceased at a 
 post where he was staying while on sick leave of absence from his station in another 
 military department. Ibid., par. 69. 
 
 Held, that the fact that an officer had been interred at the post where he died did 
 . not preclude the Secretary of War from having authorized his permanent interment 
 elsewhere, provided the entire expenses of burial did not exceed the maximum 
 amount of $75 allowed for such purposes by paragraph 85, Army Regulations of 1895. 
 (Ibid., par. 69.) 
 
 Paymasters, in making prepayments of salary to officers of the Army, are liable 
 for any portion unearned by the officer on account of death, or otherwise; also for 
 any final indebtedness of said officer to the Government to the extent of said pre- 
 payment. (3 Compt. Dec., 10.) 
 
 Balances due from the United States to deceased persons are payable at the Treas- 
 ury, and not by disbursing officers. (Second Compt., sec. 676; Scott Dig., 260.) 
 
CHLAJPTER 
 
 BREVETS MEDALS OF HONOR-CERTIFICATES 
 OF MEEIT FOREIGN DECORATIONS. 
 
 Par. 
 
 995. Brevet commissions. 
 
 996. Dates of brevet commissions- 
 
 997. Brevets authorized for gal- 
 
 lantry in Indian cam* 
 paigns. 
 
 998. To date from passage of this 
 
 act. 
 
 999. Brevet rank to be strictly 
 
 honorary. 
 
 1000. Assignments to duty, etc. ; 
 
 when made. 
 
 1001. Effect of assignment. 
 
 1002. Uniform of actual rank to 
 
 be worn. 
 
 Par. 
 
 1003. To be addressed by title of 
 
 actual rank. 
 
 1004. Officers may wear uniform 
 
 of highest volunteer rank. 
 
 1005. Foreign decorations not to 
 
 be worn. 
 
 1006. Decorations, etc. ; how ten- 
 
 dered. 
 
 1007. Medals of honor. 
 
 1008. Certificate of merit. 
 
 1009. Army corps badges. 
 
 1010. Military society badges. 
 
 1011. Badge of Eegular Army and 
 
 Navy Union. 
 
 BREVETS. 
 
 995. The President, by and with the advice and consent 
 of the Senate, may, in time of war, confer commissions by 
 brevet upon commissioned officers of the Army, for dis- 
 tinguished conduct and public service in presence of the Mar - * * 
 
 15, p. 281* 
 
 enemy. 
 
 996. Brevet commissions shall bear date from the partic- 
 ular action or service for which the officers were brevetted. 
 
 997. That the President of the United States be, and he J 
 
 is hereby, authorized and empowered, at his discretion, to r y dian cam 
 nominate, and by and with the advice and consent of 
 Senate, to appoint to brevet rank all officers of the United 
 States Army, now on the active or retired list, who by their 
 department commander, and with the concurrence of the 
 commanding general of the Army, have been or may be 
 recommended for gallant service in action against hostile 
 Indians since January first, eighteen hundred and sixty- 
 seven. Sec. 1, act of February 27, 1890 (26 Stat. L.,p.l3). 
 
 351 
 
 Mj T 
 
 , S.6, 
 
 Sec. 1210, R.S. 
 
 
352 THE MILITARY LAWS OF THE UNITED STATES. 
 
 TO date from 993. That such brevet commissions as may be issued 
 
 passage of this 
 
 act- . . under the provisions of this act shall bear date only from 
 Date of heroic the passage of this act : Provided, however, that the date of 
 the particular heroic act for which the officer is promoted 
 shall appear in his commission. Sec. 2, ibid. 
 
 999< Tnat brevet rank shall be considered strictly hon- 
 3 ibid orarv 7 an( l shall confer no privilege of precedence or com- 
 mand not already provided for in the statutes which 
 embody the rules and articles governing the Army of the 
 United States. Sec. ?, ibid. 
 
 dutvfefc.7 wUn 1000. That officers of the Army shall only be assigned 
 Mar. 3, 1883, v. to duty or command according to their brevet rank when 
 22, P . 457.' actually engaged in hostilities. Act of March 3, 1883 (22 
 
 Stat. L.j 457). 
 
 1001. Officers may be assigned to duty or command ac- 
 427 < ; cording to their brevet rank by special assignment of the 
 ,. res ^ ei1 ^? an( l brevet rank shall not entitle an officer to 
 sec. mi, R.S. precedence or command except when so assigned. 
 tuYi ni r f ank to Te 1002 * ^ officer s ^ a ll be entitled, on account of having 
 worn. been brevetted, to wear, while on duty, any uniform other 
 
 294, u s y i 1 6!v 18 i 7 6 ;p:than that of his actual rank. 
 
 319.' Sec. 1212, B . s> 
 
 drlssedhforde 1003. No officer shall be addressed in orders or official 
 
 rank Ue f actual communications by any title other than that of his actual 
 ibid. rank> 
 
 UNIFORM OF HIGHEST VOLUNTEER RANK. v 
 
 1004 - A U officers who have served during the rebellion as 
 tefr ?aik v lnn " volunteers in the Army of the United States, and have been 
 299 U s ly 34 8 V 18 i4 6 ' c ' Honorably mustered out of the volunteer service, shall be 
 33 J- * entitled to bear the official title, and, upon occasions of 
 
 &CC 1 1. (>} 1C* S. 
 
 ceremony, to wear the uniform of the highest grade they 
 have held, by brevet or other commissions, in the volunteer 
 service. The highest volunteer rank which has been held 
 by officers of the Regular Army shall be entered, with their 
 names respectively, upon the Army Register. But these 
 privileges shall not entitle any officer to command, pay, or 
 emoluments. 
 
 FOREIGN DECORATIONS. 
 
 ratioM^t tobe 1 5 - That no decoration, or other thing, the acceptance 
 w sec. 2, Jan. si, of which is authorized by this act, and no decoration here 
 issi, v. 21, p. so. tofore accepted, or which may hereafter be accepted, by 
 consent of Congress, by any officer of the United States, 
 from any foreign government, shall be publicly shown or 
 exposed upon the person of the officer so receiving the 
 same. Sec. 2, act of January 31, 1881 (21 Stat. L., 80). 
 
THE MILITARY LAWS OF THE UNITED STATES. 353 
 
 1006. That hereafter any present, decoration, or other Decorations, 
 
 etc., how ten- 
 thing, which shall be conferred or presented by any foreign de d - 3 
 
 government to any officer of the United States, civil, naval, 
 or military, shall be tendered through the Department of 
 State, and not to the individual in person, but such present, 
 decoration, or other thing shall not be delivered by the 
 Department of State unless so authorized by act of Con- 
 gress. Sec. 3, ibid. 
 
 MEDALS OF HONOR. 
 
 1007. That the President cause to be struck, from the Medals of 
 dies recently prepared at the United States Mint for that O s. 6', Mar. 3, 
 purpose, "medals of honor" additional to those authorized IS J!'E.' 5? Ma ? y2, 
 by the act (resolution) of July 12, 1862, and present the same 1896 ' v>29 ' p>473: 
 to such officers, noncommissioned officers, and privates as 
 
 have most distinguished, or may hereafter most distin- 
 guish themselves in action. 1 Sec. 6, act of March 3, 1863. 
 That the Secretary of War be, and he is hereby, authorized 
 to issue to any person to whom a medal of honor has been 
 awarded, or may hereafter be awarded, under the provis- 
 ions of the joint resolution approved July twelfth, eighteen 
 hundred and sixty- two, and the act approved March third, 
 eighteen hundred and sixty-three, a rosette or knot to be Rosette, or 
 worn in lieu of the medal, and a ribbon to be worn with boa. 
 the medal ; said rosette, or knot, and ribbon to be each of 
 a pattern to be prescribed and established by the President 
 of the United States, and any appropriation that may here- 
 after be available for the contingent expenses of the War 
 Department is hereby made available for the purposes of 
 this act: Provided, That whenever a ribbon issued under New ribbon. 
 the provisions of this act shall have been lost, destroyed? 
 or rendered unfit for use, without fault or neglect on the 
 part of the person to whom it is issued, the Secretary of 
 War shall cause a new ribbon to be issued to such person 
 without charge therefor. Joint Resolution No. 51, May 2, 
 1896 (29 Stat. L., 473}. 
 
 CERTIFICATES OF MERIT. 
 
 1008. That when any enlisted man of the Army shall m S? ificate f 
 have distinguished himself in the service the President 6i M s ar i7,' v 8 ?,' p.' 
 may, at the recommendation of the commanding officer of Jf^T^Sfafv^o, 1 
 the regiment or the chief of the corps to which such en- ^g^. 1 2 6 F p b 73? 
 listed man belongs, grant him a certificate of merit. Act$*$ 1892> v * 
 of March 29, 1892 (27 Stat. L., 12}. A certificate of merit | e e c r ' t 5left'o R 'of 
 
 ' merit. 
 
 iThis provision was not embraced in the Revised Statutes. Medals of honor will Sec. 1285, R.S. 
 be awarded by the President to officers and men who most distinguish themselves 
 inaction. (Par. 177, A. R,, 1895.) 
 
 1919 23 
 
354 THE MILITARY LAWS OF THE UNITED STATES. 
 
 granted to an enlisted man for distinguished service shall 
 entitle him, from the date of such service, to additional pay 
 at the rate of two dollars per month while he is in the 
 military service, although such service may not be contin- 
 uous. 1 Sec. 2, act of February 9, 1891 (26 Stat. L., 737). 
 
 CORPS BADGES AND INSIGNIA OF SOCIETIES. 
 
 badge 7 orp8 1009> A11 persons who have served as officers, non-com- 
 biic Res ^o m issioned officers, privates, or other enlisted men, in the 
 fin B Regular Army, volunteer or militia forces of the United 
 
 4 ) K. a. 
 
 States, during the war of the rebellion, and have been hon- 
 orably discharged from the service, or still remain in the 
 same, shall be entitled to wear, on occasions of ceremony, 
 the distinctive Army badge ordered for or adopted by the 
 Army corps and division, respectively, in which they served, 
 s may 101 - Tuat tne distinctive badges adopted by military 
 vv Army societies of men who served in the armies and navies of the 
 s4't."25,^89o, 5 v'. United States in the war of the Revolution, the war of 
 26, p. 68i. eighteen hundred and twelve, the Mexican war, and the 
 
 war of the rebellion respectively, may be worn upon all 
 occasions of ceremony by officers and enlisted men of the 
 Army and Navy of the United States, who are members of 
 said organizations in their own right. Joint resolution No. 
 50, of September 25, 1890 (26 Stat. L., 681). 
 
 ia? a l g r e m/ R afd 1011 - That the distinctive badge adopted by the Regular 
 
 nlYe worn. iou Arni 7 an d Navy Union of the United States may be worn, 
 
 Ma ?i 1894 2 v * n ^ ne ^ r owu T ight, upon all public occasions of ceremony 
 
 28, p. 583. by officers and enlisted men of the Army and Navy of the 
 
 United States who are members of said organization. Joint 
 
 resolution No. 26, of May 11, 1894 (28 Stat. L., 583). 
 
 1 A certificate of merit granted to an enlisted man for distinguished service entitles 
 him, from the date of such service, to additional pay at the rate of $2 per month 
 while in the Army, although such service may not be continuous. (Par. 1370 A. R,, 
 1881.) 
 
 If the soldier be discharged before the certificate is issued, it will be retained in 
 the Adjutant-General's Oth'ce until called for. when proof of the identity of the 
 applicant will be required. Should he die before receiving his certificate, it will be 
 deposited in the office of the Auditor for the War Department for the benefit of his 
 heirs. (Par. 181, A. R., 1895.) 
 
 Section 1285 of the Revised Statutes as amended by section 2 of the act of Febru- 
 ary 9, 1891 (26 Stat. L., 737), is retroactive and relates to the date upon which the dis- 
 tinguished service waa rendered. (Mc"Namara v. U. S., 28 C. Cls. R., 416.) 
 
ENLISTED MEN. 
 
 ENLISTMENT AND RE-ENLISTMENT. 
 
 Par. 
 
 1012. General qualifications. 
 
 1013. Limit of age. 
 
 1014. Enlistment of minors. 
 
 1015. Persons not to bo enlisted. 
 
 1016. The same; citizenship. 
 
 1017. The same; deserters, minors, 
 
 insane or intoxicated per- 
 sons. 
 
 1018. Term of enlistment; qualifi- 
 
 cations for reenlistment. 
 
 Par. 
 
 1019. Premium for recruit. 
 
 1020. Fraudulent enlistment. 
 
 1021. Reeulistment. 
 
 1022. Additional pay. 
 
 1023. Period extended to three 
 
 months. 
 
 1024. Certain discharged soldiers 
 
 may reenhst. 
 
 1025. No pay to be retained. 
 
 1012. Recruits enlisting in the Army must be effective general 
 
 and able-bodied men, and between the ages of sixteen and 
 thirty years, at the time of their enlistment. 1 This limita- 
 tion as to age shall not apply to soldiers re-enlisting. 
 
 Mar. 16, 1502, c. 
 
 162, 8. 30, v. 5, p. 260; Feb. 13, 1862, c. 25, s. 2, v.l2, p. 339- 
 June 21, 1862, lies. 37, v. 12, p. 620; July 17, 1862 c. 200, s 
 
 ' 
 
 21, v. 12, p. 597, Feb. 27, 1893, v. 27, p. 486. Sec. 1116, 11. S. 
 
 1013. Hereafter, in time of peace, no recruit shall be 
 enlisted in the Army for the first time who is over thirty 27, p. 
 years of age. Act of February 27, 1893 (27 Stat, L., 486). 
 
 1 Enlistment is a contract; but it is one of those contracts which changes the 
 status, and where that is changed no breach of contract destroys the new status or 
 relieves from the obligations which its existence imposes. * "" * By enlistment 
 the citizen becomes a soldier. His relations to the State and the public are changed. 
 He acquires a new status, with correlative rights and duties, and although he may 
 violate his contract obligations, his status as a soldier is unchanged. He can not of 
 his own volition throw off the garments he has once put on, nor can he, the State 
 not objecting, renounce his relations and destroy his status on the plea that, if he 
 had disclosed truthfully the facts, the other party, the State, would not have entered 
 into the new relations with him, or permitted him to change his status. (U. S. v. 
 Grimley. 137 U. S., 147.) 
 
 Our law not defining enlistment, nor designating what proceeding, or proceedings, 
 shall or may constitute an enlistment, it may be said, in general, that any act or acts 
 which indicate an undertaking, on the part of a person legally competent to do so, to 
 render military service to the United States for the term required by existing law, 
 and an acceptance of such service on the part of the Government, may ordinarily bo 
 regarded as legal evidence of a contract of enlistment between the parties, and as 
 equivalent to a formal agreement where no such agreement has been had. The for fcy- 
 seyenth article of war practically makes the receipt of pay by a party as a soldier 
 evidence of an enlistment on his part, estopping him from denying his military 
 capacity when sought to be made amenable as a deserter. The continued rendering 
 of service, which is accepted, may constitute an enlistment. But enlistments in our 
 Army are now almost invariably evidenced by a formal writing and engagement 
 under oath. (Dig. J. A. G., 384, par. 1.) See also In re McDonald, 1 Lowell, 100. 
 
 Any male citizen of the United States, or person who has legally declared his 
 intention to become a citizen, if above the age of twenty-one and under the ago of 
 thirty years, able-bodied, free from disease, of good character and temperate habits, 
 may be enlisted under the restrictions contained in this article. In regard to age or 
 citizenship this regulation shall not apply to soldiers who have served honestly and 
 faithfully a previous enlistment iu the Army. (Par. 823, A. R., 1895.) 
 
356 THE MILITARY LAWS OF THE UNITED STATES. 
 
 minors stmeilt f 1014 * No P ersou under the age of twenty-one years shall 
 May i5,iOT2.o. be en ii s ted or mustered into the military service of the 
 
 162, s. 1, v. 17, p. 
 
 in. United States without the written consent of his parents 
 
 * or guardians : Provided^ That such minor has such parents 
 or guardians entitled to his custody and control. 
 be P e e nU8ted UOt to 101& ^ ulinor under the age of sixteen years, no insane 
 Mar. 2, 1833, c- or intoxicated person, no deserter from the military service 
 SuiyV* isM^cl of the United States, and no person who has been con- 
 3so'- 8 Mar V 3, lees' victed of a felony shall be enlisted or mustered into the 
 l^^&i- military service. 
 
 c. 69, v. 19, p. 242'. Sec. 1118, R. S. 
 
 en h hi same; citi 1016. I n time of peace no person (except an Indian) who 
 is not a citizen of the United States, or who has not made 
 legal declaration of his intention to become a citizen of the 
 United States, or who can not speak, read, and write the 
 English language, or who is over thirty years of age, shall 
 be enlisted for the first enlistment in the Army. Sec. 2, act 
 of August 1, 1894 (28 Stat. ., 215). 
 
 mtaors^^dbS- 1017. Every officer who knowingly enlists or musters into 
 ed 3 Art war ^ e m ilitary service any minor over the age of sixteen years 
 without the written consent of his parents or guardians, 
 or any minor under the age of sixteen years, or any insane 
 or intoxicated persons, or any deserter from the military or 
 naval service of the United States, t>r any person who has 
 been convicted of any infamous criminal offense, shall, upon 
 conviction, be dismissed from the service, or suffer such 
 other punishment as a court-martial may direct. 1 Third 
 Article of War. 
 Term of enlist- 1018. That hereafter all enlistments in the Army shall 
 
 ment. 
 
 Qualification s be for the term of three years, and no soldier shall be 
 
 lor reenlist- 
 
 m !. nt> again enlisted in the Army whose service during his last 
 
 preceding term of enlistment has not been honest and 
 faithful. 2 
 
 1 Sections 1116, 1117, and 1118, Revised Statutes, providing that deserters, convicted 
 felons, insane ; or intoxicated persons, and certain minors shall not be enlisted are 
 regarded as directory only, and not as making necessarily void such enlistments, but 
 as rendering them voidable merely, at the option of the Government. In cases of 
 such enlistments, except of course where the party, by reason of mental derange- 
 ment or drunkenness was without the legal capacity to contract, the Government 
 may elect to hold the soldier to service, subject to any application for discharge 
 which may be addressed by himself or his parent, etc., either to the Secretary of War 
 or to a United States court. Ibid., 385, par. 3. See, also, TJ. S. v. Grimley, 137 TJ. S., 
 147, cited in note to paragraph 1012, supra. 
 
 The enlistment contract of a minor is void when the recruit is under 16, with or 
 without the consent of the parent. In re Lawler, 40 F. K., 233. It is not void, but 
 voidable only, as to minors between 16 and 21. U. S. v. Morrissey, 137 U. S., 157. It is 
 not voidable at the instance of the minor. Ibid. It is voidable at the instance of the 
 parent or guardian. Com. v. Blake, 8 Phil., 523 ; Turner v. Wright, 5 ibid., 290 ; Menges 
 v. Camac, 1 Serg. and R., 87; Henderson v. Wright, ibid., 299; Seavey V.Seymour, 3 
 Cliff., 439; In re Cosenow, 37 F. R.,668; In re Hearn, 32 ibid., 141; In re Davison. 21 
 ibid., 618 ; U. S. v. Wagner, 24 ibid., 135 ; In re Dohrendorf 40 F. R., 148 ; In re Spencer, 
 ibid., 149; In re Lawler, ibid., 233; In re Wall 8 ibid., 85. 
 
 A minor's contract of enlistment is voidable, not void, and is not so voidable at the 
 instance of the minor. If, after enlistment, he commits an offeuse. is actually 
 arrested, and in course of trial before the contract is duly avoided, he may be tried 
 and punished. (In ro Wall, 8 Fed. Rep., 85 ; see also Barrett v. Hopkins, 7 ibid., 312.) 
 
 2 The contract of enlistment is an entirety. If service for any portion of the time 
 
THE MILITARY LAWS OF THE UNITED STATES. 357 
 
 1019. A premium of two dollars shall be paid to any cit- r jf r ium for 
 izen, non-commissioned officer, or soldier for each accepted J un 21. 1862, 
 
 . . 7 . . Res. 37, v. 12. p. 
 
 recruit lie may bring* to a recruiting rendezvous. 020. 
 
 1020. That fraudulent enlistment, and the receipt of any Fraudulent en- 
 pay or allowance thereunder, is hereby declared a military sec. 3, July 27. 
 offense and made punishable by court martial, under the 
 Sixty-second Article of War. Sec. 3, act of July 27, 1892. 
 
 (27 Stat. L., 278). 
 
 HE-ENLISTMENT. 
 
 1021 All enlisted men, mentioned in section twelve hun Re enlistment. 
 
 S6C 3 -A. n tr 1 
 
 dred and eighty [paragraph G38, ante) who, having been i894,v.28, p.2ic'. 
 
 honorably discharged, have re-enlisted or shall re-enlist 
 
 within three months thereafter, shall, after five years 
 
 service, including their first enlistment, be paid at the rate 
 
 allowed in said section to those serving in the fifth year of 
 
 their first enlistment. 1 
 
 1022. Every soldier who, having been honorably dis- Additional 
 charged, re-enlists within three months thereafter,' shall 1Q ^ ec 3 < Au % 1. 
 
 18y4, V. o, p Jlu. 
 
 be further entitled, after five years service, including his sec.i284,R.s. 
 first enlistment, to receive, for the period of five years next 
 thereafter, two dollars per month in addition to the ordi- 
 nary pay of his grade; and for each successive period of 
 five years of service, so long as he shall remain continu- 
 ously in the Army, a further sum of one dollar per month. 
 The past continuous service, of soldiers now in the Army, 
 shall be taken into account, and shall entitle such soldier 
 to additional pay according to this rule; but services ren- 
 dered prior to August fourth, eighteen hundred and fifty- 
 four, shall, in no case, be accounted as more than one 
 enlistment. 
 
 is criminally omitted the pay and allowances for faithful services are not earned. 
 (Lander v. U.S. 92 U.S. ,77.) 
 
 As to what constitutes faithful service within the meaning of this statute, see 
 note to paragraph 1021, post. This section operates to repeal section 1119, Revised 
 Statutes, and section 2 of the act of June 16. 1890 (26 Stat. L., 187), which fixed the 
 term of enlistment in the Army at five years. 
 
 1 The additional pay given to soldiers by this section does not depend upon niero 
 length of service, hut upon two other conditions an honorable discharge and a vol- 
 untary reeulistment. Webb v. U. S., 23 C. Cls. R., 58. It is intended, primarily, 
 to be an inducement to the prompt reenlistment of an honorably discharged soldier, 
 and it can be earned in no other way. Ibid. 
 
 Tho act of June 16, 1890 (26 Stat. L , 157). contained the provision " that the Secre- 
 tary of War shall determine what misconduct shall constitute a failure to render 
 honest and faithful service within the meaning of this act. But no soldier who has 
 deserted at any time during the term of an enlistment shall be deemed to have served 
 such term honestly and faithfully." Under the authority conferred by this statute 
 the Secretary of War has decided that iu the following cases there has been a failure 
 to render honest and faithful service : 
 
 (1) Desertion. 
 
 (2) When the soldier is in confinement under a general court-martial sentence 
 expressly imposing imprisonment until or beyond the expiration of his term ; when 
 discharged under sentence of general court-martial ; when discharged by order from 
 the War Department specifying forfeiture, or because of imprisonment by the civil 
 authority. 
 
 (3) W hen the soldier i s discharged for minority concealed at enlistment, or for other 
 cause involving fraud 111 enlistment, or for disability caused by his misconduct. 
 
 (4) Upou the approved finding of a board of officers called under paragraph 148, 
 that the soldier has not served honestly and faithfully to the date of discharge. 
 
 The cause of forfeiture will be stated on the muster and pay rolls and on the final 
 statements of the soldier. 
 
358 THE MILITARY LAWS OF THE UNITED STATES. 
 
 p e r i o a e x - 1023. That the period within which soldiers may re-enlist 
 
 tended to three 
 
 months. with the benefits conferred by sections twelve hundred and 
 
 1894,%. zs, p.liie'. eighty-two and twelve hundred and eighty four of the 
 Revised Statutes, be, and the same is hereby, extended to 
 three months; and hereafter every enlisted man in the 
 Army, excepting general service clerks and general service 
 messengers, shall be entitled to all the benefits conferred 
 by sections twelve hundred and eighty one and twelve hun- 
 co.ntinuons ( } re d. and eighty-two of the Revised Statutes. Provided, 
 That to entitle them to the additional pay authorized by 
 section twelve hundred and eighty-one, for men serving in 
 the third, fourth, and fifth years, the service must have 
 been continuous within the meaning of this section. Sec. 5, 
 act of August 1, 1894 (28 Stat. L., 216). 
 
 char *ea a soldiers ^^4. That any soldier discharged since January twenty- 
 may re enlist. seventh, eighteen hundred and ninety-three, who has been 
 
 Sec. 2, Aug. 1, 
 
 1894, v, 28, p. 2iG. prevented from re-enlisting by the operations of the Act 
 of Congress approved February twenty-seventh, eighteen 
 hundred and ninety-three, and who may hereafter enlist 
 within three months from the date of the approval of this 
 Act, shall be considered to have re-enlisted and shall be 
 entitled to receive while serving subsequent to such enlist- 
 ment the same pay, service pay, and allowances as if he had 
 re-enlisted within thirty days from his latest discharge. 1 
 Sec. 2, act of August 1, 1894 (28 Stat. L., 216). 
 
 NO pay to be re- 1025. That hereafter no pay shall be retained, but this 
 Marie, isoe, v. provision shall not apply to deductions authorized on 
 account of the Soldiers 7 Home. 2 Act of March 16, 1896 
 (29 Stat. L., 60). 
 
 THE RETIREMENT OF ENLISTED MEN. 
 
 Par. 
 
 Par. 
 
 1026. Retirement of enlisted men. 1027. Allowance for subsistence 
 
 and clothing. 
 
 Retirement of 1026. That when an enlisted man has served as such 
 
 enlisted men alter 
 
 thirty years' thirty years in the United States Army or Marine Corps, 
 Feixk 1885, T. either as private or non-commissioned officer, or both, lie 
 
 ISM,' v. 26, p. so*', shall by application to the -President be placed on the 
 retired list hereby created, with the rank held by him at 
 the date of retirement, and he shall receive thereafter 
 
 1 This section repeals and replaces the requirement of the act of February 27, 1893 
 (27 Stat. L., 486), "that hereafter, in time of peace no recruit shall be enlisted in the 
 Army for the first time who is over 30 years of age, and no private shall be reenlisted 
 who has served ten years or more, or wno is over 35 years of age, except such as have 
 already served as enlisted men for twenty years or upward." 
 
 a The act of February 12, 1895 (28 Stat L., 655), expressly repealed so much of the 
 act of June 16, 1890 (26 Stat. L., 157), as authorized the retention of $4 per month from 
 the pay of enlisted men in the first year ot their first enlistment. This statute repeals, 
 in terms, all prior acts authorizing the retention of pay from enlisted men. The 
 deduction of 12 cents per month from the pay of all enlisted men, for the support 
 of the Soldiers' Home, is cxcepted from the operation of this section. 
 
THE MILITARY LAWS OF THE UNITED STATES. 359 
 
 seventy-five per centum of tbe pay and allowances of the 
 
 rank upon which he was retired : Provided, That if said ^ War service, 
 
 etc., to be com- 
 
 , 
 
 enlisted man had war service with the Army in the field, Pje<i as double 
 
 or in the Navy or Marine Corps in active service, either as 
 
 volunteer or regular, during the war of the rebellion, such 
 
 war service shall be computed as double time in computing 
 
 the thirty years necessary to entitle him to be retired. 1 
 
 Act of February 14, 1885 (23 Stat, L., 305], as amended by 
 
 act of September 30, 1890 (26 Stat. L., 504). 
 
 1027. That hereafter a monthly allowance of nine dollars Allowance for 
 
 , , L i i " /> , , 11 c , subsistence and 
 
 and fifty cents be granted in lieu of the allowance for sub clothing. 
 sistence and clothing. Act of March 16,1896(29 Stat. 29,0*62. ' 
 L., 62}. 
 
 FURLOUGHS TO ENLISTED MEN. 
 
 Par. j Par. 
 
 1028. Furloughs. 1030. Transfer from military to 
 
 1029. Furlough at expiration of 
 
 three years' service. 
 
 1028. Every officer commanding a regiment or an inde- Furloughs^ 
 pendent troop, battery, or company, not in the field, may, 
 
 when actually quartered with such command, grant fur- 
 loughs to the enlisted men, in such numbers and for such 
 time as he shall deem consistent with the good of the service. 
 Every officer commanding a regiment, or an independent 
 
 naval service. 
 
 'The act of February 14,1885 (23 Stat. L., 305) .which created the retired list for 
 enlisted men, was amended by the act of September 30, 1890 (26 Stat. L., 504), by the 
 addition of the proviso permitting war service during the war of the rebellion to be 
 computed as double time in computing the thirty years' service necessary to entitle 
 him to be retired. 
 
 An enlisted man on the retired list is subject to trial by court-martial, and to dis- 
 honorable discharge by sentence, if such bo adjudged. But the existing law, in 
 entitling him to be retired if he complies with its conditions, evidently contemplates 
 that he shall remain a pensioner on the bounty of the Government during the remain- 
 der of his life, if not forfeiting his claim by serious misconduct. So, held that retired 
 enlisted men could not legally be discharged by Executive order under the Fourth 
 Article of War, which contemplates soldiers on the active list only. (Dig. J. A. G., 
 669, par. 24.) 
 
 Held, in the absence of any legislation to tbe contrary, that retired enlisted men, 
 like retired officers, might legally be employed in any Department of the Govern- 
 ment, as clerks, messengers, watchmen, etc., and receive pay for such employment, 
 while at the same time retaining their positions on the retired list and receiving 
 retired pay. (Dig. J. A. G., 670, par. 25.) 
 
 The act of February 14, 1885 (23 Stat. L., 305), entitles a retired enlisted man to 
 three-fourths of his service ration. He is not entitled to commutation for things 
 which, in active service, he enjoys only in common with others, such as medicine, 
 medical services, fuel, and quarters. (McKenna v. U. S., 23 C. Cls. It., 308.) 
 
 The .authorized pay and allowances of retired enlisted men will be paid them 
 monthly by the Pay Department. Their pay will be three-fourths of the monthly 
 pay allowed them by law in the grade held when retired, including reenlisted and 
 continuous-service pay then received. No deduction will be made except tho 
 monthly tax of 12i cents for tho support of the Soldiers' Home. They are not enti- 
 tled to commutation for fuel or quarters. (Par. 138, A. 11., 1895.) Commutation for 
 subsistence and clothing is fixed by tho act of March 16, 1896 (paragraph 1027, supra) 
 at nine dollars and fifty cents per month for all retired enlisted men. 
 
 It has been held by the Secretary of War that the term "war service," as used in 
 tho act of September 30, 1890, shall include service rendered as a commissioned 
 officer, and that, for the purposes of this statute, the war began on April 15, 1861, and 
 ended on April 2, 1866, as respects all theatres of operation, except the State of Texas, 
 and as to that State that the war ended on April 20, 1866. (Circular No. 2, 11 H. Q. 
 A., March 10,1891.) 
 
 Upon the retirement of an enlisted man from active service he is entitled to trans- 
 portation in kind to the place of his enlistment or to his home. Section 1290, Re- 
 vised Statutes, does not apply to enlisted men transferred to the retired list, in that 
 they are not discharged. (3 Dig. Compt. Dec., 227; U. S. v. Tyler, 105 U. S., 244.) 
 
360 THE MILITARY LAWS OF THE UNITED STATES. 
 
 troop, battery, or company, in the field, may grant furloughs 
 not exceeding thirty days at one time, to five per centum 
 of the enlisted men, for good conduct in the line of duty, 
 but subject to the approval of the commander of the 
 forces of which said enlisted men form a part. Every com- 
 pany officer of a regiment, commanding any troop, battery, 
 or company not in the field, or commanding in any garri- 
 son, fort, post, or barrack, may, in the absence of his field 
 officer, grant furloughs to the enlisted men, for a time not 
 exceeding twenty days in six months, and not to more than 
 two persons to be absent at the same time. 1 Eleventh Ar- 
 ticle of War. 
 
 of 1029 ' That at the 6Ild f tliree VeaTS fr m the date f his 
 
 three years serv enlistment every soldier whose antecedent service has been 
 i89o C v 2 26" ne i57' ^ a ^ u ^ u ^ sna ll be entitled to receive a furlough for three 
 months, and that in time of peace he shall at the end of 
 such furlough be entitled to receive his discharge upon 
 his own application: Provided further, That soldiers dis- 
 charged under the provisions of this section shall not be 
 entitled to the allowances provided in section twelve hun- 
 dred and ninety of the Eevised Statutes. 2 Sec. 2, act of 
 June 16, 1890 (26 Mat. L., 157). 
 
 1 Furloughs in the prescribed form for periods of twenty days may be granted to 
 enlisted men by commanding officers of posts, or by regimental commanders, if the 
 companies to which they belong are under their control. A furlough will not be 
 granted to a soldier about to be discharged. (Par. 106, A. R., 1895.) 
 
 Department commanders may grant furloughs to enlisted men, sergeants of the 
 post, noncommissioned staff excepted, for two months, and the Commanding General 
 of the Army for four months, or they may extend to such periods furloughs already 
 granted. For a longer period than four months the authority of the Secretary of 
 War is necessary. Permission to delay may be granted to enlisted men traveling 
 under orders as authorized for furloughs. The conditions under which furloughs to 
 soldiers on reenlistment are authorized will be announced from time to time in orders. 
 (Par. 107, ibid.) 
 
 Furloughs to sergeants of the post noncommissioned staff, or to enlisted men act- 
 ing as such, may be granted as follows : By a post commander for seven days in case 
 of emergency only; by a department commander for one month. Application for 
 furlough for a longer period will be forwarded to the Adjutant-General of the Army 
 for the decision of the Secretary of War. (Par. 108, ibid.) 
 
 Furloughs will not be granted by commanding officers permitting soldiers to go 
 beyond the limits of the next higher command. To enable them to pass such limits 
 the sanction of higher authority must be obtained and indorsed on the furloughs. 
 The approval of the Secretary of War must be obtained to allow an enlisted man on 
 furlough to leave the United States. The limits prescribed will be stated in the f ur- 
 lough, and if exceeded, it may be revoked and the soldier arrested. A company com- 
 mander in forwarding an application for furlough will state previous absences on 
 furlough, and the authority therefor. (Par. 109, ibid.) 
 
 On the application of a soldier on furlough, made at the nearest military station 
 and showing clearly the urgency of his case, a department commander may order 
 transportation and subsistence to be furnished to enable him to rejoin his proper sta- 
 tion, and the company commander will charge the cost thereof against the soldier's 
 pay on the next muster and payroll, in accordance with paragraphs 1082 and 1277. 
 The date of the application will be entered on the furlough. (Par. 110, ibid.) 
 
 A soldier who has returned from furlough to the station from which f'urloughed, 
 his company having in his absence changed station, is entitled to transportation at 
 the expense of the Government to the new station of his company. (Par. 111. ibid.) 
 
 Soldiers on furlough will not take with them their arms or accouterments, and no 
 payments will be made to them without authority from the Secretarv of War. (Par. 
 112, ibid.) 
 
 2 See in this connection section 2 of the act of August 1, 1894 (paragraph 101G, supra), 
 which reduces the length of the term of enlistment, in time of peace, to three years. 
 This section will, therefore, cease to be operative as to furloughs on August 1, 1897, 
 and as to discharges at expiration of furlough on November 1, 1897. 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 361 
 
 TRANSFER OF ENLISTED MEN. 
 
 1030. Any person enlisted in the military service of the Transfer from 
 
 military to naval 
 
 United States may, on application to the Navy Depart- service, 
 inent, approved by the President, be transferred to thesoi.Vi.V is.'p! 
 Navy or Marine Corps, to serve therein the residue of his sec 1421, R.S. 
 term of enlistment, subject to the laws and regulations for 
 the government of the Navy. But such transfer shall not 
 release him from any indebtedness to the Government, 
 nor, without the consent of the President, from any pen- 
 alty incurred for a breach of military law.! 
 
 DISCHARGE OF ENLISTED MEN. 
 
 Par. I Par. 
 
 1031. Discharge of enlisted men. 1034 
 
 1032. Discharge by purchase. 
 
 1033. Loss of certificate of dis- 1035. 
 
 charge. 
 
 Discharge certificates in 
 
 true name. 
 Honorable discharge to be 
 
 returned to officers and 
 
 enlisted men. 
 
 1031. No enlisted man, duly sworn, shall be discharged Discharge of 
 from the service without a discharge in writing, signed by 
 a field officer of the regiment to which he belongs, or by 
 the commanding officer, when no field officer is present j 
 and no discharge shall be given to any enlisted man before 
 his term of service has expired, except by order of the 
 President, the Secretary of War, the commanding officer 
 of a department, or by sentence of a general court-martial. 2 
 Fourth Article of War. 
 
 'TRANSFER OF ENLISTED MEN. 
 
 Transfers of enlisted men will be made for cogent reasons only. They will be 
 effected as follows : 
 
 (1) From one company to another of the same regiment, not involving change of 
 station, by the colonel. In cases involving change, then by the colonel with the con- 
 sent of the department commander if change of station is within department limits. 
 
 (2) From one regiment to another, and between companies of the same regiment 
 serving in different military departments, by the Commanding General of the Army. 
 
 (3) In all other cases, by the Secretary of War. (Par. 113, A. R., 1895.) 
 
 DETACHED SOLDIERS. 
 
 Enlisted men detached from their companies will be provided with descriptive lists 
 showing the pay due them, the condition of their clothing allowances, and all infor- 
 mation necessary to the settlement of their accounts with the Government should 
 they be discharged. When it can be avoided, the descriptive list will not bo intrusted 
 to the soldier, but to an officer or noncommissioned officer, under whose charge he 
 may be serving, or it may be forwarded by mail. The immediate commanding officer 
 will note upon the descriptive lists the date and result of the last vaccination of each 
 soldier. (Par. 105, ibid.) 
 
 , "An enlisted man will not be discharged before the expiration of his term except: 
 (1) By order of the President or Secretary of War. 
 
 j (2) By sentence of a general court-martial. 
 
 (3) On certificate of disability, by direction of the commander of a territorial de- 
 partment or army in the field ; but when the disability of a soldier is caused by dis- 
 ease contracted before enlistment, or by his own misconduct or bad habits, discharge 
 will be ordered only by the Secretary of War. 
 
 (4) In compliance with an order of one of the United States courts, or a justice or 
 a judge thereof, on a writ of habeas corpus. (Par. 140, A. II., 1895.) 
 
 The act of March 10, 1896 (29 Stat. L.. 63), contains the requirement "that no 
 enlisted man discharged by order of the Secretary of War for disability caused by 
 his own misconduct shall be entitled to the travel allowances provided for in section 
 1290 of the Revised Statutes." See Par. 653, ante. 
 
 When au enlisted man is discharged, his company commander will furnish him 
 
362 THE MILITARY LAWS OF THE UNITED STATES. 
 
 DISCHARGE BY PURCHASE. 
 
 Discharge by 1032, That in time of peace the President may, in his 
 sec. viune 16, discretion and under such rules and upon such conditions 
 
 as he shall prescribe, permit any enlisted man to purchase 
 his discharge from the Army. The purchase money to 
 be paid under this section shall be paid to a paymaster 
 of the Army and be deposited to the credit of one or more of 
 the current appropriations for the support of the Army, to 
 be indicated by the Secretary of War, and be available for 
 the payment of expenses incurred during the fiscal year 
 in which the discharge is made. 1 Sec. 4, act of June 16, 
 1890 (26 Stat. L., 157). 
 
 with final statements in duplicate or a full statement in writing of the reasons why 
 such final statements are not furnished. Final statements will not be furnished a 
 soldier who has forfeited all pay and allowances and has no deposits nor detained pay 
 due him. When the discharge is made on certificate of disability, the ascertained 
 disability as recited in the certificate must be given in the final statements as the 
 reason or cause for discharge. (Par. 141, ibid.) 
 
 When an enlisted man is discharged by expiration of service his discharge will 
 take effect on the last day thereof; i. e., it enlisted on the second day of the month 
 his term will expire on the first day of the same month in the last year of his term 
 of enlistment. (Par. 142, ibid.) 
 
 For provisions of regulations respecting the discharge of enlisted men see para- 
 graphs 140-157, Regulations of 1895. 
 
 Discharge certificates will not be made in duplicate. Upon satisfactory proof of 
 the loss of a discharge or of its destruction without the fault of the party entitled to 
 it, the War Department may issue to such party a certificate of service, showing 
 date of enlistment in and discharge from the Army and character given on discharge 
 certificate. Discharge certificates must not be forwarded to the War Department 
 in correspondence unless called for. (Par. 143, A. R., 1895.) 
 
 Blank forms for discharge and final statements will be furnished by the Adjutant- 
 General of the Army, and will be retained in the personal custody of company com- 
 manders; those for discharge will be of three classes: For honorable and for dis- 
 honorable discharge, and for discharge without honor. They will be vised as fol- 
 lows : 
 
 (1) The parchment discharge blank, for honorable discharge only, and the word 
 "honorably " will be interlined in the old blanks when used. 
 
 (2) The blank for dishonorable discharge, for such discharge alone. 
 
 (3) The blank for discharge without honor, when a soldier is discharged : 
 (a) Without trial, on account of fraudulent enlistment. 
 
 (6) Without trial, on account of having become disqualified for service, physically 
 or in character, through his own fault. 
 
 (c) On account of imprisonment under sentence of a civil court. 
 
 (d) On account of being at the expiration of his term of enlistment in confinement 
 under the sentence of a general court-martial which does not provide for dishonor- 
 able discharge. 
 
 (e) With forfeiture of retained pay on the approved finding of a board that he has 
 not served honestly and faithfully. 
 
 (/) When discharge without honor is specially ordered by the Secretary of War 
 for any other reason. (Par. 151, ibid.) 
 
 An enlisted man remains in service until receipt of his discharge, or until such 
 action is taken as will render him legally chargeable with notice thereof, notwith- 
 standing the expiration of his term of enlistment during his absence on a furlough 
 granted at his own request. (2 "Compt. Dec., 94.) 
 
 DISHONORABLE DISCHARGE. 
 
 A dishonorable discharge from the service is a complete expulsion from the Army 
 and covers all unexpired enlistments. (Par. 152, A. R., 1895.) 
 
 1 Under section 4 of the act of June 16, 1890, chapter 420, the President may, in his 
 discretion, permit a soldier to purchase his discharge, even if his service has not 
 been faithful. This section does not, as do section 1 (relating to pay) and section 
 2 (relating to discharge and furlough), prescribe as a condition to receive its bene- 
 fits that the antecedent service shall have been " faithful." (Dig. Opiu. J. A. Gen., 
 p. 362, par. 32.) 
 
 The act of June 16, 1890, section 4, leaves it to the President, "in his discretion," 
 to determine the amount to be paid for the discharge, the time of payment, etc., and, 
 indeed, whethor the purchase shall be permitted at all. But it specifically declare- 
 that the money when paid "shall be paid to a paymaster of the Army;" and, in view 
 of this express provision, held that payments could not legally be made to post, 
 regimental, company, or other commanders. The paymaster, a bonded official, is 
 appointed to receive payment in the first instance and thereupon make the deposit 
 directed in the act. (Ibid., par. 33.) 
 
 Held that there was no legal authority for the refunding, by the military authori- 
 ties, of money paid to purchase a discharge under the act of June 16, 1890. This 
 
THE MILITARY LAWS OF THE UNITED STATES. 363 
 
 CERTIFICATES OF DISCHARGE. 
 
 1033. Whenever satisfactory proof is furnished to the LOSS of certifi- 
 cate of discharge. 
 War Department that any non-commissioned officer or pri- 24 Mar 3 1873 . c - 
 
 vate soldier who served in the Army of the United States 582. 8< 
 
 Ki*<* 224 11 X 
 
 in the late war against the rebellion has lost his certificate 
 of discharge, or the same has been destroyed without his 
 privity or procurement, the Secretary of War shall be 
 authorized to furnish, on request, to such non-commis- 
 sioned officer or private a duplicate of such certificate of 
 discharge, to be indelibly marked, so that it may be known 
 
 clearly appears from the terms of the act, which provides that the money, when paid, 
 "shall be deposited in the Treasury " to the credit of some current appropriation, to 
 be designated by the Secretary of War. to be " available for the payment of expenses 
 incurred during the fiscal year in which the discharge is made." The act moreover 
 authorizes the President to permit such purchases " under such rules and upon such 
 conditions as he shall prescribe," and nothing is found in the rules actually pre- 
 scribed (in General Orders 81, 108 of 1890. 48 of 189L 32 of 1892., or 17 of 1893) which 
 contemplates or refers to the refunding of such purchase money. (Ibid . p. 363, 
 par. 35.) 
 
 In time of peace a soldier serving in the second year or first six months of the 
 third year of his first enlistment may apply to the Adjutant-General of the Army 
 through military channels for the privilege of purchasing his discharge but such 
 application will not bo entertained unless based on satisfactory reasons fully set 
 forth by the applicant and verified by the officer forwarding the application, nor 
 unless accompanied by a statement of the soldier's immediate commanding officer 
 showing the condition of his accounts If such application be granted, the pur- 
 chase price will bo entered on the final statements as an item duo the United Statea. 
 A soldier once discharged by purchase will not bo granted that favor a second time. 
 A soldier serving in a second or any other enlistment, but not receiving continuous 
 service or reenlisted pay, is not debarred from discharge by purchase. The price of 
 purchase in the first month of the second year will be $120, and will be $5 less in 
 each succeeding month of the period during which purchase may be authorized. 
 (Par. 144, A. It., 1895.) 
 
 Enlisted men who have served meritoriously twelve years or more, continuously 
 or otherwise, will be classified as veteran soldiers. If it be for their material benefit, 
 discharge may be granted them by the Secretary of War by way of favor as veter- 
 ans. A soldier once discharged as a veteran will not be discharged again by way of 
 favor. (Par. 145, ibid.) 
 
 Soldiers discharged as provided in paragraphs 144 and 145 will not receive travel 
 allowances. (Par. 146, ibid.) 
 
 A soldier who has obtained his discharge by purchase under the provisions of 
 section 4. act of June 16, 1890, is not entitled to recover the money paid for said dis- 
 charge in pursuance of law (2 Compt Dec., 546.) The accounting officers have no 
 authority to review the action of the War Department refusing to discharge the 
 soldier for disability and requiring him to purchase his discharge as a condition 
 precedent to his release from service. (2 Compt. Dec., 546.) 
 
 DISCHARGE FOR DISABILITY. 
 
 When an enlisted man is permanently unfitted for military service because of 
 wounds or disease, he should, if practicable, be discharged on certificate of disability 
 before the expiration of the term of service in which the disability was incurred. 
 Blank iorms will be furnished by the Adjutant-General of the Army, and the direc- 
 tions thereon will be strictly complied with. (Par 154, A. R., 1895.) 
 
 When physical disability does not appear to be permanent, was incurred in line 
 of duty, and benefit may be expected from a change of climate, a report of the case 
 will be forwarded for the action of the Commanding General of the Army. The 
 soldier will not be transferred to another company. In cases likely to be benefited 
 by treatment in the Army and Navy General Hospital at Hot Springs, Ark., the 
 application required by the regulations for admission thereto will be made. A 
 record of cases transferred under the foregoing provisions, with a report of results, 
 will bo forwarded to the Surgeon-General at the end of each calendar year. (Par. 
 
 155, ibid.) 
 
 When an application for discharge is approved, the post or regimental commander 
 will furnish to the surgeon by whom the certificate was given, or to the senior surgeon 
 of the command to which the soldier was attached at the time of his discharge, a 
 letter setting forth the full name and rank of the soldier, the company and regiment 
 to which he belonged, the date of discharge, and the cause thereof as stated in the 
 certificate. The surgeon, having made a true copy of the letter for the completion 
 of his own records, will forward the original to the Surgeon-General direct. (Par. 
 
 156, ibid.) 
 
 When there is a probable case for pension, special care will be taken to state in 
 the certificate the degree of disability, to describe particularly the disability, 
 wound, or disease, the extent to which it deprives the soldier of the use of any limb 
 or faculty, or affects his health, strength, activity, constitution, or capacity to labor. 
 (Par. 157, ibid.) 
 
364 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 as a duplicate; but such certificate shall not be accepted 
 as a voucher for the payment of any claim against the 
 United States for pay, bounty, or other allowance, or as 
 evidence in any other case. 1 
 Discharge cer- 1034. Tb at the Secretary of War and the Secretary of 
 
 tificates, etc., in , -,.-11 
 
 tmc name. the Navy be, and they are herebv, authorized and required 
 
 Apr. 14, 1890, v. , ,/> /> 
 
 2G,p.55. to issue certificates of discharge or orders of acceptance of 
 
 resignation, upon application and proof of identity, in the 
 true name of such persons as enlisted or served under 
 assumed names, while minors or otherwise, in tlie Army 
 and Navy during the war of the rebellion, and were hon- 
 orably discharged therefrom. Applications for said certifi- 
 cates of discharge or amended orders of resignation may 
 be made by or on behalf of persons entitled to them; but 
 no such certificate or order shall be issued where a name 
 was assumed to cover a crime or to avoid its consequence. 1 
 Act of April 14, 1890 (26 Stat. L., 55). 
 
 ch?r r to bl be d re 1035. ^ n a ^ cases where it has become necessary for any 
 turned to officers officer or enlisted man of the Army to file his evidence of 
 
 and enlisted men. ' . T _ 
 
 May 4, 1870, honorable discharge from the military service of the United 
 p.1?74. ' States to secure the settlement of his accounts, the account- 
 
 ing officer with whom it has been filed shall, upon appli- 
 cation by said officer or enlisted man, deliver to him such 
 evidence of honorable discharge; but his accounts shall first 
 be duly settled, and the fact, date, and amount of such settle- 
 ment shall be clearly written across the face of such evi- 
 dence of honorable discharge, and attested by the signature 
 of the accounting officer before it is delivered. 
 
 DESERTION. 
 
 Par. 
 
 1036. Desertion ; penalty. 
 
 1037. Making good time lost. 
 
 1038. Rights of citizenship for- 
 
 feited by desertion. 
 
 1039. Certain soldiers and sailors 
 
 not to incur forfeitures of 
 the last section. 
 
 1040. Avoiding the draft. 
 
 1041. Deserters not entitled to 
 
 bounty land. 
 
 ! Par. 
 
 1042. Deserters not to be enlisted 
 
 in military service. 
 
 1043. Deserters not to be enlisted 
 
 in naval service. 
 
 1044. Deposits forfeited. 
 
 1045. Punishment for advising or 
 
 persuading desertion. 
 
 1046. Enticing desertions from 
 
 military and naval serv- 
 
 i Discharge certificates will not be made in duplicate. Upon satisfactory proof of 
 the loss of a discharge, or of its destruction without the fault of the party entitled 
 to it, the War Department may issue to such party a certificate of service, showing 
 date of enlistment in and discharge from the Army and character given on discharge 
 certificate. Discharge certificates must not bo forwarded to the War Department 
 in correspondence unless called for. (Par. 143, A. 11., 1895.) 
 
 The discharge certificates authorized to he issued under the provisions of these 
 statutes is not to be confounded with the certificate denominated a " deserter's 
 release," the issue of which is authorized in certain cases by G. 0. 55, A. G. O., 1890 
 (26 Stat. L., 54). See note to paragraph 1068, post. 
 
THE MILITARY LAWS OF THE UNITED STATES. 365 
 
 Par. j Par. 
 
 1047. Enlisting in another regr 1051. Absence without leave. 
 
 ment. 
 1048. Who may arrest deserters. 
 
 1052-1065. Removal of the charge 
 of desertion. 
 
 1049. Arrest of deserters by civil J 1066. Statute of limitations in de- 
 
 officers. 
 
 1050. Reward for apprehension 
 limited to ten dollars. 
 
 sertion. 
 
 1036. Any officer or soldier who, having received pay, or al ^ esertion ; P e 
 having been duly enlisted in the service of the United 47 Art. war. 
 States, deserts the same, shall, in time of war, suffer death, 
 or such other punishment as a court-martial may direct ; 
 and in time of peace, any punishment, excepting death, 
 which a court-martial may direct. 1 Forty -seventh Article 
 of War. 
 
 'Desertion is au unauthorized absenting of himself from the military service by an 
 officer or aokher with the intention of not returning. In other words, it is the vio- 
 lation of military discipline familiarly known as absence without leave (whether 
 consisting in an original absenting without authority or in an overstaying of a 
 defined leave of absence), accompanied by an animus remanendi, or non revertendi, 
 this animus constituting the gist of the offense In order to establish the commis- 
 sion of the specific offense both these elements- the fact of the unauthorized vol- 
 untary withdrawal and the intent permanently to abandon the service must be 
 proved. The intent may be inferred not indeed from the fact of absenting alone, 
 but from the circumstances attending this fact and here the duration of the 
 absence is especially material Thus the circumstance that the absence has been 
 exceptionally protracted and quite unexplained will in general furnish a presump- 
 tion of the existence of the necessary intent. An unauthorized absence, however, 
 of a few hours, terminated by a forcible apprehension, may, under certain situa- 
 tions, be sufficient evidence of such intent, and thus proof of a desertion ; while an 
 absence for a considerable interval, unattended by circumstances indicating a pur- 
 pose to separate permanently from the service, or to dissolve the pending engage- 
 ment of the soldier, may be proof simply of the minor included offense. In order to 
 determine whether or not the officer or soldier absented himself with the intent not 
 to return i. e., whether his oll'enso was desertion or absence without leave, all the 
 circumstances connected with his leaving, absence, and return (whether compulsory 
 or voluntary) must be considered together. Each case must be governed by its own 
 peculiar facts, and no general rule on the subject can be laid down. (Dig. J. A. 
 Gen., 337. par. 1.) 
 
 Where au officer left his post on a three days' leave of absence and did not return 
 to duty or report himself at the proper time, but absconded to Canada with a large 
 amount of Government funds, held, on his being arrested some months subsequently 
 in the United States, that he was clearly chargeable with the offense of desertion. 
 So where au officer having been guilty of sundry embezzlements and frauds, and 
 become involved in debt, and being on the point of being placed in arrest, obtained, 
 by means of wholly false representations, a, brief leave of absence from his post 
 for the expressed purpose of visiting a certain place named, and was subsequently 
 apprehended at a place quite other and much more distant than that designated, 
 and while rapidly traveling en route for a still more remote locality; held, in the 
 absence of any evidence to rebut the presumption thus raised, that ho was properly 
 chargeable with having absented himself with the animus of a deserter. (Ibid., 338, 
 par. 2.) 
 
 No man will be reported a deserter until after the expiration of ten days (should 
 he remain away that length of time), unless the company commander has conclusive 
 evidence of the absentee's intention not to return; but commanding officers will 
 take steps to apprehend soldiers absent without leave as soon as that fact is reported. 
 Should the soldier not return, or not be apprehended, within the time named, his 
 desertion will date from the commencement of the unauthorized absence. An 
 absence without leave of less than one day will not be noted upon the muster and 
 pay rolls. (Par. 133, A. R., 1895.) 
 
 When a deserter surrenders or is delivered at a military post, the post commander 
 will cause immediate inquiry to be made in regard to datesof enlistmentand desertion, 
 and if these indicate that trial is barred by law, and the deserter claims to have been 
 within the limits of the United States during two years of his absence in desertion 
 and there is no attainable evidence in disproof thereof, will require him to file an 
 affidavit asserting his claim, will immediately set him at liberty with instructions to 
 apply by letter to the Adjutant- General of the Army for a "deserter's release," and 
 will then report his action to the Adjutant-General of the Army, transmitting with 
 the report the affidavit above mentioned. (Par. 120, ibid.) 
 
 An enlisted man apprehended or surrendering as a deserter, and whose trial for 
 desertion is not barred by the statute of limitations, will be examined by a medical 
 officer at the post where he is received, and a report of this examination will be for- 
 warded to department headquarters. If, on account of disease, age, or other perma- 
 nent disability, the man is found unfit for service, the report, with the department 
 commander's recommendation thereon, will be forwarded to the Adjutant-General of 
 
366 THE MILITARY LAWS OF THE UNITED STATES. 
 
 STATUTORY PENALTIES AND FORFEITURES. 1 
 
 ume a ioS g go d 10^7. Every soldier who deserts the service of the United 
 is Art.' War. states shall be liable to serve for such period as shall, with 
 the time he may have served previous to his desertion, 
 amount to the full term of his enlistment; and such soldier 
 shall be tried by a court-martial and punished, although 
 the term of his enlistment may have elapsed previous to his 
 being apprehended and tried. 2 Forty-eighth Article of War. 
 1038 ' A11 persons who deserted the military or naval 
 by desertion, etc. service of the United States and did not return thereto or 
 
 Mar. 3, 1865, c. 
 
 lob 8 ' 21> v ' 13 ' p> re P r ^ themselves to a provost-marshal within sixty days 
 sec. 1996, R.S. after the issuance of the proclamation by the President, 
 dated the eleventh day of March, eighteen hundred and 
 sixty- five, are deemed to have voluntarily relinquished and 
 forfeited their rights of citizenship, as well as their right 
 to become citizens; and such deserters shall be forever in- 
 capable of holding ,any office of trust or profit under the 
 
 the Army. If the examination shows that the man is fit for service, the department 
 commander will bring him to trial, or restore him to duty without trial, as the inter 
 ests of the Government may dictate. (Par. 121, ibid.) 
 
 Deserters will be brought to trial with the least practicable delay. While await- 
 ing trial they Avill receive no pay, and will be required to wear the clothes worn at 
 the time of arrest, unless it stiould be imperative to issue other clothing, when, as 
 far as practicable, only deserters' or other unserviceable clothing will be issued. 
 (Par. 129, ibid.) 
 
 A deserter will not be restored to duty without trial, except by authority compe 
 tent to order his trial. Such restoration does not remove the charge of desertion, 
 nor relieve the soldier from any of the forfeitures attached to that ofiense. He must 
 make good the time lost by desertion, refund the reward and expenses paid for 
 apprehension and delivery, and forfeit pay while absent. (Par. 132, ibid.) 
 
 'The forfeiture of pay and allowances prescribed for deserters by paragraphs 126. 
 130, and 132 of the Army Regulations can be imposed, in any case, only upon a sat- 
 isfactory ascertainment of the fact of desertion. The same may indeed legally be 
 enforced in the absence of an investigation by a military court, as, for instance, upon 
 the restoration to duty without trial, by the order of competent authority, under 
 paragraph 128 of the Army Regulations, of a deserter as such. But in general, in 
 this case equally as in that of the statutory liability, the forfeiture can safely be 
 applied only upon the trial and conviction by court-martial of the alleged deserter. 
 The conviction must, of course, be duly approved ; if it be disapproved, the soldier 
 can not legally be subjected to the forfeiture, since he can not be treated as a deserter 
 in law. Nor can he be subjected to the forfeiture if he is acquitted, though the find- 
 ing be disapproved by the reviewing authority. A removal, in orders of the War 
 Department, of a charge of desertion entered by mistake upon the rolls against a 
 soldier, operates to relieve him of any and all stoppages which have been charged 
 against his pay account for forfeitures authorized by the Army Regulations in cases 
 of deserters. (Dig. J. A. Gen., 342, par. 9.) 
 
 A deserter can not legally be subjected to any forfeiture other than those pre- 
 scribed by statute or army regulation. He incurs, for example, no forfeiture of his 
 own personal property. So, where certain property left by a deserter in his quarters 
 was sold by the authorities of the post with intent to devote the proceeds to the 
 post fund, held that such proceeds, upon the subsequent arrest of the deserter, 
 should bo paid over to him. So a soldier, by reason of having deserted, does not 
 forfeit bounty money which has been paid him upon enlistment or subsequently or 
 any other money found in his possession upon his arrest. And such money can not 
 legally be withheld from him to be appropriated to a regimental or post fund or any 
 other purpose, but being his own personal property, unaffected by his offense, must 
 be left in his possession. (Ibid., 343, par. 10.) 
 
 2 A deserter will make good the time lost by desertion, unless discharged by com- 
 petent authority. He will be considered again in service upon his return to military 
 control; but if a deserter enlists while in desertion, his services under such unlaw- 
 ful enlistment will not be counted as making good any. of the time lost bv desertion. 
 (Par. 131, A. R., 1895.) 
 
 DISPOSITION OF EFFECTS OF DESERTERS. 
 
 The clothing abandoned by a deserter will be turned over to the quartermaster 
 with a certificate from the company or detachment commander showing its condition 
 and the name of the deserter to whom it belonged. All other personal effects of a 
 deserter will be disposed of as in the case of unclaimed effects of deceased soldiers. 
 (Par. 130, ibid.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 367 
 
 United States, or of exercising any rights of citizens 
 thereof. 1 
 
 1039. No soldier or sailor, however, who faithfully served . Certain sol- 
 
 diers and sailors 
 
 according to his enlistment until the nineteenth dav of n t to incur the 
 
 . J forfeitures of the 
 
 April, eighteen hundred and sixty-five, and who, without last section. 
 
 * . . a . , , . , July 19, 1867, c. 
 
 proper authority or leave first obtained, quit his coalman*} 28, 7. is, p. u. 
 or refused to serve after that date, shall be held to be a 
 deserter from the Army or Navy 5 but this section shall 
 be construed solely as a removal of any disability such 
 soldier or sailor may have incurred, under the preceding 
 section, by the loss of citizenship and of the right to hold 
 office, in consequence of his desertion. 
 
 1040. Every person who hereafter deserts the military or Avoiding the 
 naval service of the United States, or who, being duly en- Mar. 3, ises, c. 
 rolled, departs the jurisdiction of the district in which he loo 8 ' 2 
 
 is enrolled, or goes beyond the limits of the United States, Sec> 1998 ' R>s * 
 with intent to avoid any draft into the military or naval 
 service, lawfully ordered, shall be liable to all the penalties 
 and forfeitures of section nineteen hundred and ninety- six. 
 
 1041. No person who has been in the inilitarv service of Deserters not 
 
 entitled to 
 
 the United States shall, in any case, receive a bounty-land Bounty laud. 
 
 Sept. 28, 1850, c. 
 
 warrant if it appears by the muster-rolls of his regiment 85,s.i,v. o, p. 520 ; 
 or corps that he deserted or was dishonorably discharged 207%. i, v. id,p! 
 from service. sec. 2438, R. s. 
 
 1042. No minor under the as'e of sixteen vears, no insane Deserters not 
 
 to be enlisted. 
 
 or intoxicated person, no deserter from the military service Mar. 2, 1333, v . 
 of the United States, and no Derson who has been con-isei, v. ia'p.sV: 
 
 , ,, . .T . , , . , Mar. 3, 1865, v. 13, 
 
 victed oi a ielony shall be enlisted or mustered into the p. 400 ; Feb. 27, 
 
 ... . 1877, v. 19, p. 242. 
 
 military service. sec.ni8,R.s. 
 
 1043. No minor under the age of fourteen years, no insane " * Io 
 
 or intoxicated person, and no deserter from the naval or i^^'fw^^M&j 
 military service of the United States shall be enlisted in J 2 - j, 87 . 9 ' I- 21, p. 
 
 OJ Ju GU. &Oy lool } 
 
 the naval service. T i&J8u s. 
 
 1044. Any enlisted man of the Army may deposit his Deposits for- 
 savings, in sums not less than five dollars, with any Army May 15, i872,c. 
 paymaster, who shall furnish him a deposit-book, in which 117! 
 shall be entered the name of the paymaster and of the 
 soldier, and the amount, date, and place of such deposit. 
 The money so deposited shall be accounted for in the same 
 manner as other public funds, and shall pass to the credit 
 
 "The forfeiture of the rights of citizenship, and the incapacity to hold office under 
 the United States, imposed upon deserters by the act of March 3, 1865 (sees. 1996, 
 1998, R. S.), can be incurred only upon and as incident to a conviction of desertion by 
 a general court-martial, duly approved by competent authority. These disabilities, 
 though attaching to every .such conviction, may be removed by an Executive pardon 
 of the offender. (Dig. J. A . Gen.. 342, par. 8.) 
 
 Such is believed to have been the uniform course of ruling in the civil courts. See 
 State v. Symonds, 57 Maine, 148, Holt v. Holt. 59 ibid., 464; Severance v. Healy, 50 1ST. 
 Hamp., 448; Gotcheus v. Matthewson, 61 1ST. Y., 420, (and 5 Lansing, 214; 58 Barb., 
 152); Hnber v. Reilly, 53 Pa. St., 112; McCaflerty v. Guyer, 59 ibid., 110; Kurtz v. 
 Moffitt, 115 U.S., 501. 
 
368 THE MILITARY LAWS OF THE UNITED STATES. 
 
 of the appropriation for the pay of the Army, and shall 
 not be subject to forfeiture by sentence of court-martial, 
 but shall be forfeited by desertion, and shall not be per- 
 mitted to be paid until final payment on discharge, or to 
 the heirs or representatives of a deceased soldier, and that 
 such deposit be exempt from liability for such soldier's 
 debts: Provided, That the Government shall be liable for 
 the amount deposited to the person so depositing- the same. 
 ad^ngTr n per r 1045. Any officer or soldier who advises or persuades any 
 shading deser- other officer or soldier to desert the service of the United 
 si Art. War. States, shall, in time of war, suffer death, or such other 
 punishment as a court-martial may direct: and in time of 
 peace, any punishment, excepting death, which a court- 
 martial may direct. Fifty-first Article of War. 
 
 tio^s tic from de the 1046. Every person who entices or procures, or attempts 
 
 ^mtary or naval or endeavors to entice or procure, any soldier in the inili- 
 
 Mar.3, 1863, c. tary service of the United States, or who has been recruited 
 
 75 8 4 v 12 p 
 
 735; July i,i864,' for such service, to desert therefrom, or who aids any such 
 Fe 2 b?'27, 13 i877 34 v! soldier in deserting or attempting to desert from such serv- 
 19 Sec?5455 R.S. i ce ? or who harbors, conceals, protects, or assists any such 
 soldier who may have deserted from such service, knowing 
 him to have deserted therefrom, or who refuses to give 
 up and deliver such soldier on the demand of any officer 
 authorized to receive him, shall be punished by imprison 
 ment not less than six months nor more than two years, 
 and by a fine not exceeding five hundred dollars j and every 
 person who entices or procures, or attempts or endeavors to 
 entice or procure, any seaman or other person in the naval 
 service of the United States, or who has been recruited for 
 such service, to desert therefrom, or who aids any such sea- 
 man or other person in deserting or in attempting to desert 
 from such service, or who harbors, conceals, protects, or 
 assists any such seaman or other person who may have 
 deserted from such service, knowing him to have deserted 
 therefrom, or who refuses to give up and deliver such sailor 
 or other person on the demand of any officer authorized to 
 receive him, shall be punished by imprisonment not less 
 than six months nor more than three years, and by a fine 
 of not more than two thousand dollars, to be enforced in 
 any court of the United States having jurisdiction. 1 
 Enlisting in 1047. ]S"o non-commissioned officer or soldier shall enlist 
 
 another regi- 
 
 m lo t irt 3 'war n i mse ^ ^ n an y ^her regiment, troop, or company, without 
 a regular discharge from the regiment, troop, or company 
 in which he last served, on a penalty of being reputed a 
 deserter, and suffering accordingly. And in case any 
 
 1 Where a civil official, having made an arrest of a deserter, concealed him from 
 the military authorities, and afterwards permitted or connived at his escape, recom 
 mended that the Attorney-General be requested to instruct the proper United States 
 district attorney to initiate proceedings under section 5455, Revised Statutes. (Dig. 
 Qpiii. J. A, Gen., 345, par. 17.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 369 
 
 officer shall knowingly receive and entertain such noncom- 
 missioned officer or soldier, or shall not, after his being 
 discovered to be a deserter, immediately confine him and 
 give notice thereof to the corps in which he last served, 
 the said officer shall, by a court-martial, be cashiered. 
 Fiftieth Article of War. 
 
 APPREHENSION OF DESERTERS. 
 
 1048. That United States marshals and their deputies, who may ar- 
 sheriffs and their deputies, constables, and police officers re sec.7, e ju e ne'i6, 
 of towns and cities are hereby authorized to apprehend, 1890 ' v ' 26ll>t157 ' 
 arrest, and receive the surrender of any deserter from the 
 Army for the purpose of delivering him to any person in 
 the military service authorized to receive him. l Sec. 3, act 
 of June 16, 1890 (26 Stat. L., 157}. 
 
 1 A reward of $10 will be paid to any civil officer having the proper authority for 
 the apprehension and delivery to the proper military authorities at a military sta- 
 tion (or at some convenient point as near thereto as can bo agreed upon) of any 
 deserter from the military service, except such as can claim exemption from trial 
 under the .statute of limitations. This reward will bo paid by the Quartermaster's 
 Department and will be in full satisfaction of all expenses for arresting, keeping, 
 and delivering the deserter. The payment will be reported to the commander of 
 the company or detachment to which the deserter belongs. (Par. 124, A. R., 1895.) 
 
 Rewards or expenses paid for apprehending a deserter, and the expenses incurred 
 in transporting him from point of apprehension, delivery, or surrender to the sta- 
 tion of his company or detachment, or to the place of his trial, including the cost of 
 transportation of the guard will be set against his pay upon conviction of desertion 
 by a court-martial, or upon his restoration to duty without trial. A soldier con- 
 victed by a court martial of absence without leave will be charged with the expense 
 incurred in transporting him to his proper station. The transportation and subsist- 
 ence of witnesses will not be charged against a deserter. (Par. 126, ibid.) 
 
 If a soldier be brought to trial under a charge of desertion and acquitted, or con- 
 victed of absence without leave only, or if the sentence be disapproved by proper 
 authority, any amount paid as a reward for his arrest will not be stopped against 
 his pay unless, in case of conviction of absence without leave, the sentence of the 
 court shall so direct. (Par. 127, ibid.) 
 
 The reward of $10, made payable by paragraph 124, Army Regulations, is not due 
 merely on the apprehension of a deserter; ho must also be delivered "to an officer of 
 the army at the most convenient post or recruiting station." (a) The fact of the offer 
 of a reward for the arrest of a deserter does not authorize a breach of the peace or 
 commission of an illegal act in making the arrest, (b) (Dig. J. A. Gen., p. 343, par. 12.) 
 
 The amount of the reward to cite from Gr. O. 325 of 1863 is in full " for all expenses 
 incurred in apprehending, securing, and delivering a deserter.' Disbursements 
 made by a civilian, where no arrest is effected, are at his own risk, and can not 
 legally be reimbursed by the military authorities. (Ibid., p. 344, par. 13.) 
 
 The legal liability imposed upon the soldier by paragraph 126, Army Regulations, 
 to have the amount of the reward stopped against his pay, is quite independent of 
 the punishment which may be imposed upon him by sentence of court-martial on 
 conviction of the desertion. Such stoppage is incident upon the conviction, and need 
 not be directed in the sentence ; courts-martial indeed have sometimes assumed to 
 impose it, like an ordinary forfeiture of pay, but its insertion in the sentence adds 
 nothing to its legal effect.' (Ibid , p. 344, par. 14.) 
 
 Where a soldier, charged with desertion, is acquitted, or where, if convicted, his 
 conviction is disapproved by the competent reviewing authority, he can not legally 
 be made liable for the amount of a reward paid or payable for his arrest as a deserter, 
 since in such cases he is not a deserter in law. (Ibid., p. 344, par. 15.) 
 
 Where a soldier for whose apprehension as a supposed deserter the reward of $30 
 3 subsequently brought to trial upon a charge of de 
 
 has been paid, is subsequently brought to trial upon a charge of desertion, and is 
 
 a The actual payment of the compensation iu such cases is authorized by the an- 
 nual army appropriation acts, which, in appropriating for the incidental expenses 
 of the Quartermaster Department, include as an item "for the apprehension, 
 securing, and delivering of deserters, and the expenses incident to their pursuit." 
 The acts of August G, 1894, and February 12, 1895, contain the requirement that the 
 sum paid shall not be greater than $10. 
 
 bSee, in this connection, Clay v. U. S., Deyereux, 25, in which an officer, who, 
 under orders of a superior, had, without previously procuring proper authority to 
 enter and search from a civil magistrate, broken into a dwelling house for the pur- 
 pose of fee mug the arrest of certain deserters, was held to have committed an un- 
 justifiable trespass, and his claim to be reimbursed by the United States for the 
 amount of a judgment recovered against him on account of his illegal act was disal- 
 lowed by the Court of Claims. 
 
 1919 24 
 
370 THE MILITARY LAWS OP THE UNITED STATES. 
 
 ^ Arrest, etc.. of 1049. That it sliall be lawful for any civil officer having 
 officers. authority under the laws of the United States or of any 
 
 isuo.v. 26, p. 648.' State, Territory, or District, to arrest offenders, to suin- 
 inarily arrest a deserter from the military service of the 
 United States and deliver him into the custody of the mili- 
 tary authority of the General Government. Sec. 2, act of 
 October 1, 1890 (26 Stat. L., 648}. 
 
 found guilty not of desertion but only of the lesser and distinct offense of absence 
 without leave, he clearly can not legally be held liable for the reward by a stoppage 
 of the amount against his pay. In such a case, the instrumentality resorted to by 
 the United States for determining the nature of his offense the court martial 
 ' having pronounced that it was not desertion, the Government is bound by the result, 
 
 and to visit upon him a penalty to which a deserter only can be subject, would be 
 grossly arbitrary and wholly unauthorized. MoreoA'er, such action Avould be directly 
 at variance with the terms of paragraph 124 of the Army Regulations, which fixes 
 such liability upon the soldiertried, in the eventonly of his conviction of desertion, (a) 
 unless indeed the sentence of the court expressly forfeits the amount (b). (Ibid., 
 par. 16.) 
 
 PAYMENT OF REWARDS. 
 
 To entitle a person (under paragraph 124, Army Regulations of 1895) to the reward 
 for the arrest of a deserter, the party arrested must be still a soldier. Though, at the 
 time of the arrest, the period of his term of enlistment may have expired, or he may 
 be tinder sentence of dishonorable discharge, yet if ho has not been discharged in 
 fact, the official duly making the arrest, etc., on account of a desertion committed 
 before the end of his term, becomes entitled to the payment of the reward specified 
 in the regulations. Similarly held, where the soldier, arrested when at large as a 
 deserter, had been sentenced to confinement (without discharge), and had escaped 
 therefrom . (Ibid . , 346, par. 26. ) 
 
 The soldier arrested must be a deserter and legally liable as such. If he has been 
 judicially determined to bo not a deserter, as where he has been convicted of absence 
 without'leave only (see paragraph 126, Army Regulations) ; or, if in view of the 
 limitation of the one hundred and third article, ho has a legal defense to a prosecu- 
 tion for desertion (General Orders 22 of 1893) the reward is not payable for his ap- 
 prehension. (Ibid., 347, par. 27. See, also, par. 127, A. R., 1895.) 
 
 Where the soldier when arrested had been absent but three days, and was still in 
 uniform, and had not been reported or dropped as a deserter, and his company com- 
 mander had not the " conclusive evidence " of his "intention not to return," referred 
 to in paragraph 133, Army Regulations, held that there was not sufficient evidence 
 that he was a deserter to justify the payment of the reward for his arrest and deliv- 
 ery. (Ibid , par. 28.) 
 
 Thearrestmade must bo a legal one. Thus held that the reward was not payable 
 for an arrest made on the soil of Mexico, involving a violation of the territorial 
 rights of that sovereignty. An act done in violation of law can not be the basis of 
 a legal claim. (Ibid., par. 29.) 
 
 Where the deserter was not arrested by, but surrendered himself to, the civil 
 official, who in good faith took him into custody and securely held and duly deliv- 
 ered him advised that there had been a substantial apprehension and that the 
 reward was properly payable. [See Circular No. 1 (II. A.) , 1886.] (Ibid., par. 30.) 
 
 The delivery should be personal and manual on the part of the civil official. Where 
 a soldier who had deserted was sentenced to a penitentiary as ahorse thief, and at 
 the end of his term of imprisonment a United States marshal caused information 
 that he was a deserter to be conveyed to the commander of a neighboring military 
 post, who thereupon had him arrested and brought to the post, held that the marshal 
 was not entitled to claim the reward. (Ibid., par. 31. ) 
 
 So, where a civil official merely informed a captain of artillery that two soldici-s 
 serving in his battery were deserters from the battalion of engineers, held that, 
 though such information was correct, the official was not entitled to the reward; 
 and that the amount of the same, which had been erroneously paid him on the cer- 
 tificate of the captain, should be charged against the latter under paragraph 654, 
 Army Regulations, 1895. (Ibid., par. 32.) 
 
 The reward should be withheld where there is evidence of collusion between the 
 alleged deserter and the civil official. Advised that a suspicion of such collusion 
 was properly entertained in a case where the soldier, after an absence of but a few 
 days, voluntarily surrendered himself, at or near the post of delivery, to a policeman. 
 who turned him over, without expense or difficulty, to the military authorities who 
 did not treat him as a deserter but caused him to bo charged, tried, and convicted as 
 an absentee without leave only. (Ibid., p. 348, par. 33.) 
 
 An officer of the customs, empowered by law to make arrests of persons violating 
 the revenue laws, but having no such general authority as is ordinarily possessed 
 by peace officers "to arrest offenders" (according to the terms of the act of October 
 1, 1890, authorizing certain civil officials to arrest deserters) held not entitled to 
 be paid the regulation reward for the apprehension, etc., of a deserter from the 
 Army. (Ibid., par. 34.) 
 
 Held that a justice of the peace of Idaho was not, by the laws of that State, a 
 peace officer or authorized to arrest offenders, and was therefore not. within the 
 terms of the act of October], 1890, or legally entitled to bo paid the reward for the 
 airest x etc., of a deserter. Such justice may by his warrant authorize and thus 
 
 a 16 Opin. Att. Gen., 474. fcSee G. O. 2, A. G. O., 1890. 
 
THE MILITARY LAWS OF THE UNITED STATES. 371 
 
 1050. For the apprehension, securing, and delivering of Reward for ap- 
 
 prehension lira- 
 
 deserters, and the expenses incident to their pursuit, and fa* to ten doi- 
 no greater sum than ten dollars for each deserter shall be^Mar.ie. 
 paid to any officer or citizen for such services and ex- 
 penses. 1 Act of March 16, 1896 (29 Stat. //., 65). 
 
 ABSENCE WITHOUT LEAVE. 
 
 1051. Any soldier who absents himself from his troop, f f 8 
 battery, company, or detachment, without leave from his 32 Art.'war 
 commanding officer, shall be punished as a court martial 
 
 may direct. 2 Thirty -second Article of War. 
 
 cause arrests, but actual arrest pertains, under the laws of the State, to another 
 class sheriff's, constables, city marshals, and policemen. Similarly held in regard 
 to an Indian who brought in a deserter to a military post in North 'Dakota, he hav- 
 ing no authority under the laws of that State to make arrests. But held that a 
 member of the Indian police, established under the regulations of the Indian Office, 
 was a civil officer having authority to arrest offenders, and was entitled to the re- 
 ward for the arrest of a deserter. (Ibid., par. 35.) 
 
 Circular No. 11 (H. A.), 1883, declares that the reward shall not be paid where the 
 deserter, at the time of arrest, "is serving in some other branch of the Army," etc. 
 Thus held that the reward was not payable for the arrest of a deserter from the 
 cavalry, who. subsequently to his desertion, had enlisted in an infantry regiment in 
 which he was serving at the date of the arrest. (Ibid., par. 36.) 
 
 Where a civil official, in good faith and in compliance Avith military instructions, 
 made the arrest and delivery of a deserter, who, however, was of the class of de- 
 serters specified in General Orders 22 of 1893, viz, those who "would have the right 
 to claim exemption from trial and punishment" under the present one hundred and 
 third article of war a fact not within the knowledge of the official and which he 
 could not have ascertained, but who therefore had no legal claim for the payment of 
 the reward held that the reasonable expenses of such official incurred in the arrest, 
 etc., might well be allowed by the Secretary of War out of the appropriation for the 
 contingent expenses of the Army. But the civil official takes the risk of the soldier 
 being or not being an actual deserter. If he turns out to be not one, the official loses 
 his time and disbursements, if any. Thus held that such official could have no claim 
 to be reimbursed his expenses incurred in making, in good faith, the arrest of a sup- 
 posed deserter who was in fact a dishonorably discharged soldier. (Ibid., par. 37.) 
 
 A deserter is not chargeable, under paragraph 124, Army Regulations, with the 
 expenses of transportation therein specified, if his conviction has been duly disap- 
 proved ; such disapproval being tantamount to an acquittal. (Ibid., p. 349, par 38 ) 
 
 The expense of the transportation of a convicted deserter, incurred in the course of 
 the execution of his sentence, is not chargeable against the deserter under paragraph 
 126, Army Regulations of 1895, but must be borne by the United States. (Ibid., 
 par. 37.) 
 
 The act of August 6. 1894 (28 Stat. L., 239), having limited to $10 the amount to be 
 paid for the services and expenses of an officer or citizen in arresting a deserter from 
 the Army, no greater amount can be paid after that date, notwithstanding an otter 
 of a reward of $00 in 1893, under then existing laws, and an arrest under such otter 
 in November, 1894 ; nor can any expenses incurred prior to August 6, 1894, be allowed 
 in addition to said sum of $10. (1 Compt. Dec., 103.) 
 
 1 The acts of August 6, 1894 (28 Stat. L., 239), and February 12, 1895 (ibid., 659), 
 contain the same provision. 
 
 5 Absence without leave may consist in an act of omission as well as in one of com- 
 mission. Where an officer detailed to command an escort of prisoners and to deliver 
 them at a certain place, neglected, upon this service being performed, to return with 
 reasonable diligence to his proper station, held that he was chargeable with absence 
 without leave, it being the duty of an officer to return promptly from such a service 
 without further orders (a) . (Dig. J. A. Gen., p. 140, par. 1.) 
 
 Where an officer or soldier, on returning to his station after an unauthorized 
 absence, is placed upon or allowed to perform full duty by his proper commander, 
 such action, by the custom of the service, operates in general as a waiver of the 
 charge of absence without leave, and may ordinarily be pleaded as a good defense in 
 the event of a trial. (Ibid., par. 2.) 
 
 An enlisted man who has absented himself from his post or company without 
 authority is subjected to the forfeiture of pay and allowances prescribed by para- 
 graph 133, Army Regulations, 1895, although not brought to trial for his absence as 
 an offense. The forfeiture is a stoppage by operation of law irrespective of any 
 punishment that may be imposed, and whether any be imposed or not. Thus a 
 soldier acquitted under a charge of desertion is acquitted of the absence without 
 leave involved in the charge, and can not be punished therefor; but if he has been 
 absent without leave in fact, he incurs the forfeiture specified in the regulation. 
 And a soldier brought to trial for, and convicted of, an absence without leave, is 
 subject to the forfeiture, though none be adjudged in the sentence. Otherwise, 
 however, if the findings be disapproved as not sustained by the testimony. [But 
 
 a See, as to the general rule on this subject, General Orders 82, Headquarters of 
 Army, 1866; also paragraph 133, Army Regulations of 1895. 
 
372 THE MILITARY LAWS OF THE UNITED STATES. 
 
 REMOVAL OF THE CHARGE OF DESERTION. 
 
 desert?o e n r f ^^- That the charge of desertion now standing on the 
 moved from rec- ro lls and records ill the office of the Adjutant General of 
 
 ord of certain . , * . , .. . 
 
 volunteers. the United States Army against any soldier who served in 
 i889, C v. 25, P a W the late war in the volunteer service shall be removed 
 in all cases where it shall be made to appear to the satisfac- 
 tion of the Secretary of War, from such rolls and records, 
 or from other satisfactory testimony, that such soldier 
 served faithfully until the expiration of his term of enlist- 
 ment, or until the first day of May, anno domini eighteen 
 hundred and sixty five, having previously served six 
 months or more, and, by reason of absence from his com- 
 mand at the time the same was mustered out, failed to be 
 mustered out and to receive an honorable discharge, or 
 that such soldier absented himself from his command, or 
 from hospital while suffering from wounds, injuries, or dis- 
 ease received or contracted in the line of duty and was 
 prevented from completing his term of enlistment by reason 
 of such wounds, injuries, or disease. 1 Act of March 2, 1889 
 (25 Stat. L., 869}. 
 
 1053 ' That tne Secretary of War is hereby authorized to 
 remove the charge of desertion from the record of any 
 regular or volunteer soldier in the late war upon proper 
 application therefor, and satisfactory proof in the follow- 
 ing cases : 
 Retumtoduty. pirgt That guch soldier? after such charge of desertion 
 
 was made, and within a reasonable time thereafter, volun- 
 tarily returned to his command and served faithfully to 
 the end of his term of service, or until discharged. 
 
 Second, That such soldier absented himself from his com- 
 mand or from hospital while suffering from wounds, injuries, 
 or disease, received or contracted in the line of duty, and 
 upon recovery voluntarily returned to his command and 
 served faithfully thereafter, or died from such wounds, 
 injuries, or disease while so absent, and before the date 
 of muster out of his command, or expiration of his term 
 of service, or was prevented from so returning by reason of 
 
 the stoppage incurred under paragraph 133, Army Regulations, is enforced only upon 
 acouviction by court-martial. (Ibid, par. 3.) 
 
 The forfeiture specified in paragraph 133, Army Regulations, should not be enforced 
 for absences of less than one day, but the soldier should be left to be punished by 
 sentence of summary court. Thus where the unauthorized absence was for but 
 seven and a. half hours, a forfeiture of a day's pay would deprive the soldier of pay 
 for sixteen and a half hours which -he had actually earned. Reid, therefore, that a 
 stoppage of one day's pay in such a case was not warranted. (Ibid., par. 4.) 
 
 When; a soldier is reported by the War Department as absent with out leave from 
 a certain date, and in subsequently restored to duty, the date of his return not being 
 known, an approximate date, determined from the facts in the case, may be assumed 
 as the date of his return. (3 Dig. Compt. Dec., 9.) 
 
 1 This statute replaces the acts of Au-nist 7, 1882 (22 Stat. L., 347), July 5, 1884 i23 
 Stat. L., 119), and May 17, 1886 (24 Stat. L., 51), in pari materia, and includes all the 
 classes, with some additions, mentioned in these enactments. 
 
THE MILITARY LAWS OF THE UNITED STATES 373 
 
 such wounds, injuries, or diseases before sucli muster out, 
 or -expiration of service. 
 
 Third. That such soldier was a minor, and was en listed C ii5f r gea by <der 
 without the consent of his parent or guardian, and was of ^J." J'tWd. 
 released or discharged from such service by the order or 2 6 M p ar 82 2 4 1891> v ' 
 decree of any State or United States court on habeas 
 corpus or other judicial proceedings; and in such case, 
 such soldier shall not be entitled to any bounty or allow- 
 ance, or pay for any time such soldier was not in the 
 performance of military duty. Sec. 2, ibid. Amended by act 
 of March 2, 1891 (26 Stat. L., 824). 
 
 1054. That the charge of desertion now standing on the f 
 rolls and records in the office of the Adjutant General of di 
 the Army against any regular or volunteer soldier who 
 served in the late war of the rebellion by reason of his hav- 
 ing enlisted in any regiment, troop, or company, or in the 
 United States Navy or Marine Corps, without having first 
 received a discharge from the regiment, troop, or company 
 in which he had previously served, shall be removed in all 
 cases wherein it shall be made to appear to the satisfaction 
 of the Secretary of War, from such rolls and records, or 
 from other satisfactory testimony, that such re-enlistment 
 was not made for the purpose of securing bounty or other 
 gratuity that he would not have been entitled to, had he 
 remained under his original term of enlistment; that the 
 absence from the service did not exceed four months, and Llimtatlon - 
 that such soldier served faithfully under his re-enlistment. 
 
 Sec. 3, ibid. 
 
 1055. That whenever it shall appear from the official rec- 
 
 ords in the office of the Adjutant General, United States et s ec< 4) ibid . 
 Army, that any regular or volunteer soldier of the late 
 war was formally restored to duty from desertion by the 
 Commander competent to order his trial for the offense, or, 
 having deserted and being charged with desertion, was, 
 on return to the service, suffered, without such formal 
 restoration, to resume his place in the ranks of his com- 
 mand, serving faithfully thereafter until the expiration of 
 his term, such soldier shall not be deemed to rest under 
 any disability because of such desertion in the prosecution 
 of any claim for pension, on account of disease contracted, 
 or wounds or injuries received in the line of his duty as a 
 soldier. Sec. 4, ibid. 
 
 1056. That when the charge of desertion shall be re- ty pa y aml boun - 
 moved under the provisions of this act from the record of sec. 5, MM. 
 any soldier, such soldier, or, in case of his death, the heirs 
 
 or legal representatives of such soldier, shall receive the 
 pay and bounty due to such soldier. Sec. 5, ibid. 
 
374 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Not entitled to 1057. That this act shall not be so construed as to give 
 
 pay, etc., while 
 
 absent without to any such soldier, or, in case of his death, to the heirs or 
 legal representatives of any such soldier, any pay, bounty, 
 or allowance for any time during which such soldier was ab- 
 sent from his command without proper authority, nor shall 
 it be so construed as to give any pay, bounty, or allow- 
 ance to any soldier, his heirs or legal representatives, who 
 served in the Army a period of less than six months. Sec. 
 5, ibid. 
 
 Mexican war 1058. That the Secretary of War be, and he hereby is 
 Application authorized and directed to amend the military record of 
 
 for removal of .,.*- -^i 
 
 charge of deaer- any soldier who enlisted for the war with Mexico, upon 
 
 10 se,c.6,ibid. proper application, where the rolls and records of the Ad- 
 jutant General's office show the charge of desertion against 
 him, when such rolls and records show the facts set out in 
 the following cases : 
 
 ^Length of serv- ]?i rs t. That said soldier served faithfully the full term of 
 his enlistment, or having served faithfully for six months 
 or more, and until the fourth day of July anno dornini 
 eighteen hundred and forty-eight, left his command without 
 having received a discharge. 
 
 tuln luntary re Second. That such soldier, after said charge of desertion 
 was entered on the rolls, voluntarily returned to his com- 
 mand within a reasonable time, and served faithfully until 
 discharged. Sec. 6, ibid. 
 
 1059. That the provisions of this act shall not be so con- 
 strued as to relieve any soldier from the charge of desertion 
 who left his command from disaffection or disloyalty to the 
 Government, or to evade the dangers and hardships of the 
 service, or whilst in the presence of the enemy (not being- 
 sick or wounded), or while in arrest or under charges for 
 breach of military duty, or in case of a soldier of the Mex- 
 ican War, who did not actually reach the seat of war. 
 Sec. 7, ibid. 
 
 1060. That when such charge of desertion is removed 
 *- under the provisions of this act, the soldier shall be 
 
 sec. s, i6id. restored to a status of honorable service, his military 
 record shall be corrected as the facts may require, and an 
 honorable discharge shall be issued in those cases where 
 the soldier has received none ; and he shall be restored to 
 all his rights as to pension, pay, or allowances as if the 
 charge of desertion had never been made; and in case of 
 the death of said soldier, his widow or other legal heir 
 shall be entitled to the same rights as in case of other 
 deceased honorably discharged soldiers. Sec. <, ibid. 
 ab?ent pay while 1061. That this act shall not be construed to give to any 
 
THE MILITARY LAWS OF THE UNITED STATES. 375 
 
 soldier, or his legal representatives or heir, any pay or allow- 
 ance for any period of time he was absent without leave, 
 and not in the performance of military duty. Sec. 8, ibid. 
 
 1062. That all applications for relief under this act shall n^wTthn^hree 
 be made to and filed with the Secretary of War within the [ e jjg 9 from July 
 period of three years from and after July first, eighteen i6 ^ ecs< 9 and 10 
 hundred and eighty nine, and all applications not so made 
 and filed within said term of three years shall be forever 
 barred, and shall not be received or considered. Sec. 9, ibid. 
 
 1083. That all acts and parts of acts inconsistent with the 
 pro visions of this act are hereby repealed. 1 Sec. 10, ibid. 
 
 1064. That section nine of the act for the relief of certain Time extended 
 volunteer and regular soldiers of the late war and the war July 27, 1392, V. 
 with Mexico, passed March second, anno Domini eighteen 
 hundred and eighty-nine, be, and the same is hereby, so 
 amended as to extend the time of limitation of the opera- 
 tion of said section for the period of two years from the 
 
 first day of July, eighteen hundred and ninety-two. Act 
 of July 27, 1892 (27 Stat. L., 278}. 
 
 1065. That section nine of the Act for the relief of certain Time extended 
 
 for applications. 
 
 volunteer and regular soldiers of the late war and the war Mar 2, i85,v. 
 with Mexico, approved March second, eighteen hundred 
 and eighty-nine, be, and the same is hereby, so amended 
 as to remove the limitation of time within which applica- 
 tions for relief may be received and acted upon under the 
 provisions of said Act. Act of March 2, 1895 (28 Stat. L., 
 814). 
 
 'The persons from whose military record there may be a removal of the charge of 
 desertion, under the act of March 2, 1889, chapter 390, are those against whom such 
 a charge is "now standing." Deserters, therefore, whose cases had, at the date of 
 the act, been judicially duly disposed of by trial, conviction, and sentence by court- 
 martial are not within the purview of the statute. (Dig. J. A. Gen., 350, par. 43.) 
 
 Held, that a soldier had "served faithfully' in the sense of sec. 1 of the last- 
 named act when, having been sentenced to reduction and confinement on conviction 
 of desertion, his sentence had been duly executed, and he had thereupon returned 
 to duty and served for a considerable further period in a status of honor. (Ibid., 
 par. 44.) 
 
 The act of 1889 provides that the charge of desertion shall be removed if the 
 soldier has "served faithfully until * * * May 1, 1865, having previously 
 served six mouths or more" * * * Held, that the six months of service need not 
 have been continuous, provided they were actually served before May 1, 1865, and 
 the soldier was in service at that date. (Ibid,, par. 45.) 
 
 Held, that a soldier was not within the description of section 2 (third) of the act of 
 1889, of having been "discharged" from service by a court of "competent jurisdic- 
 tion," who had, as a minor, enlisted without consent, been discharged upon habeas 
 corpus by a State court. (Ibid., 351, par. 46.) 
 
 A pardon does not operate retroactively, and can not therefore " remove a charge" 
 of desertion. It does not wipe out the fact that the party did desert, norcan it make 
 the record say that ho did not desert. It can not change facts of history. Nor can 
 a pardon restore amounts which have been actually forfeited by desertion. (Ibid., 
 par. 47.) 
 
 The restoration of a deserter to duty without trial under par. 132, A. E. [1895], does 
 not operate as an acquittal, or relieve the deserter from the forfeitures of pay 
 (including retained pay) incurred by operation of law under paragraphs 1380 and 
 1381, A. K. 1895. (Ibid., 351, par. 48.) 
 
 A. pardon does not operate retroactively, and can not therefore "remove a charge'' 
 of desertion. It does not wipe out the fact that the party did desert, nor can it 
 make the record say that he did not desert. It can not change facts of history. 
 Nor can a pardon restore amounts which have been actually forfeited by desertion. 
 (Ibid., par. 47.) 
 
376 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 STATUTE OF LIMITATIONS IN DESERTION. 
 
 statute of lim- 
 
 itation in deser- 
 
 tion 
 
 1066. No person shall be tried or punished by a court- 
 
 . , _ . , n 
 
 martial for desertion in time of peace and not in the face 
 > 18 ' v ' of an enemy, committed more than two years before the 
 arraignment of such person for such offense, unless he shall 
 meanwhile have absented himself from the United States, 
 in which case the time of his absence shall be excluded in 
 computing the period of the limitation : Provided, That said 
 limitation shall not begin until the end of the term for 
 which said person was mustered in to the service. 1 Act of 
 April 11, 1890 (26 Stat. L., 54). 
 
 MISCELLANEOUS PROVISIONS. 
 
 Par. 
 
 1067. Exemption of enlisted men 
 from arrest for debt. 
 
 Par. 
 
 1068. Enlisted men not to be used 
 as servants. 
 
 Exemption 
 from arrest for 
 debt. 
 
 Sec. 1237,11.8 
 
 1067. No enlisted man shall, during his term of service, 
 be arrested on mesne process, or taken or charged in exe- 
 cution for any debt, unless it was contracted before his 
 enlistment, and amounted to twenty dollars when first 
 contracted. 
 
 1068. No officer shall use an enlisted man as a servant in 
 
 Enlisted men 
 
 not to be used 
 
 as servants. any case whatever. 
 
 Sec. 14, J uly 15, 
 
 DECEASED SOLDIERS. 
 
 Par. 
 
 1069. Deceased .soldiers' effects. 
 
 Par. 
 
 1070. Officers charged with effects 
 of deceased soldiers to ac- 
 count for same. 
 
 Deceased sol 1069. In case of the death of any soldier, the command- 
 
 diers' effects. 
 
 126 Art. War. ing omeer of his troop, battery, or company shall immedi- 
 
 1 The so-called "deserter's release," provided for by General Orders 55 of 1890, is 
 accorded when, by reason of the period which has elapsed since the end of his term 
 of enlistment, the deserter could successfully plead the statute of limitations to a 
 prosecution for his desertion. This period is complete at the expiration of seven 
 years from the date of the enlistment or of two years from the end of its term. But 
 where a soldier, who would have been eligible for such release on May 9, 1804, was, 
 in February preceding, arrested, brought to trial, convicted, and sentenced to be 
 dishonorably discharged, and was so discharged accordingly, held that he was not 
 within the privilege of the General Orders, and that the release could not be ac- 
 corded him. [As to the purpose and effect of this "Kelease," see Circular No. 5 
 (H. Q. A.), 1894.] (Dig. J . A. Gen., 349, par. 40.) 
 
 The "deserter's release" is intended for deserters in whose favor the limitation of 
 the present one hundred and third article of war has fully run, and who therefore 
 Lave a perfect defense to a prosecution. It was designed to secure them against 
 proceedings for desertion and to obviate the expenses to which the Government 
 might be put in the matter of their arrest and their trial. But it is not, and can not, 
 in view of the provisions of article 4, serve as a discharge from the Army. The 
 language of General Orders 55 of 1890, which describes it as a release "from the 
 Army 'Ms therefore faulty. (Ibid., 350, par. 41.) 
 
 A deserter who has been once dishonorably discharged is not a subject for the 
 "release" does not belong to the class of persons for whom it is intended. It is 
 designed for soldiers actually in service. It can not therefore now be given to one 
 who was a soldier of a volunteer organization during the late war. Is or can it be 
 issued in a case of a soldier who has deceased. (Ibid., par. 42.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 377 
 
 ately secure nil his effects then in camp or quarters, and 
 shall, in the presence of two other officers, make an inven- 
 
 yry thereof, which he shall transmit to the office of the 
 int of War. 1 One hundred and twenty-sixth Article 
 of War. 
 
 1070. Officers charged with the care of the effects of 
 deceased officers or soldiers shall account for and 
 the same, or the proceeds thereof, to the legal representa- ea j|- Art War 
 tives of such deceased officers or soldiers. And no officer 
 so charged shall be permitted to quit the regiment or post 
 until he has deposited in the hands of the commanding 
 officer all the effects of such deceased officers or soldiers 
 not so accounted for and delivered. 2 One hundred and 
 twenty -seventh Article of War. 
 
 1 DISPOSITION OF EFFECTS. 
 
 When a soldier is killed in action, or dies at any post, hospital, or station, it shall 
 be the duty of his immediate commander to secure his effects and to prepare the 
 im-entory required by the one hundred and twenty-sixth article of war, according 
 to prescribed form. Duplicates of the inventory, with final statements, will be 
 forwarded direct to the Adjutant-General of the Army. (Par. 158, A. 11., 1895.) 
 
 2 Should the effects of a deceased soldier not be claimed within thirty days, they 
 will be sold by a council of administration under the authority of the post com- 
 mander, and the proceeds transferred to the commander of the company to which 
 the deceased belonged, by whom they will be deposited with a paymaster to the 
 credit of the United States. Duplicate receipts will be taken, one of which will be 
 sent direct to the Adjutant-General of the Army and the other retained with the 
 company records. (Par. 159, A. R., 1895.) 
 
 In all cases of sale by a council of administration, a detailed statement of the pro- 
 ceeds, duly certified by the council and commanding officer, will accompany the pay- 
 master's receipt forwarded by the company commander to the Adjutant-General of 
 the Army. The statement will be indorsed " Keport of the proceeds of the effects 
 
 of , late of company , regiment of , who died at , the 
 
 day of , ." (Par. 160. ibid.) 
 
 The effects will be delivered, when called for, to the legal representatives of the 
 deceased, and the receipts therefor forwarded to the Adjutant -General of the Army. 
 Applications for arrears of pay and proceeds of sale of effects of deceased soldiers 
 should be addressed to the A'uditor for the War Department, Washington, D. C., 
 who settles such accounts. (Par. 161, ibid ) 
 
 In the settlement of the accounts of deceased soldiers, the accounting officers dis- 
 pense with administration, and, as it were, administer themselves, paying to the 
 persons entitled such amounts as may be found to be due the deceased in a final set- 
 tlement of hia accounts with the United States. (3 Compt. Dec., 197.) 
 
 FUNEKAL EXPENSES. 
 
 The remains of deceased soldiers will be decently inclosed in coffins and trans- 
 ported by the Quartermaster's Department to the nearest military post or national 
 cemetery for burial, unless the commanding officer deem burial at the place of death 
 to bo proper, when a report of the fact will be made to the Adjutant-General of the 
 Army. The expense of transporting the remains is payable from the appropriation 
 for Array transportation ; other expenses of burial are limited to $15 for noncom- 
 missioned officers and $10 for private soldiers. (Par. 162, A. R., 1895.) 
 
 The annual acts of appropriation since that of August 8, 1846 (9 Stat. L., C8), have 
 contained provision for the expenses of interment of noncomissioned officers and 
 soldiers. 
 
CHAPTER XXIX. 
 
 THE TROOPS OF THE LINE. 
 
 CAVALRY. 
 
 Par. 
 
 1071. Cavalry regiment; organi- 
 
 zation. 
 
 1072. Cavalry troop, 
 
 1073. Colored cavalry regiments. 
 
 1074. Dismounted cavalry. 
 
 1075. Artillery regiment; organi- 
 
 zation. 
 
 I Par. % 
 
 1076. Artillery battery. 
 
 1077. Light battery. 
 
 1078. Infantry regiment; organi- 
 
 zation. 
 
 1079. Infantry company. 
 
 1080. Colored infantry regiments. 
 
 Cavalry regi 
 
 ment; organiza 
 
 1071. Each regiment of cavalry 1 shall consist of twelve 
 
 - . ,, 
 
 troops, one colonel, one lieutenant-colonel, three majors, 
 42, 8^*9, v. i2^p.' one adjutant, one quartermaster, one veterinary surgeon, 
 c 8 2^ l s?ii!v 8 i2; with the rank of regimental sergeant-major, one sergeant- 
 c'v^iTp'S ma J or j one quartermaster-sergeant, one saddler-sergeant, 
 %^ 3i H 63 ' C ,J 'One chief musician, who shall be instructor of music, and 
 
 8. o7, v. 1 J, p. 737 j 
 
 July 28, i8C6, c. one chief trumpeter. Two assistant surgeons may be 
 332' ; Mar.\ ISM,' allowed to each regiment, and the seventh, eighth, ninth 
 sisf'j^fyisSToi and tenth regiments shall have an additional veterinary 
 ic? 9 p.' list Jul" surgeon. The adjutant and the quartermaster of each reg- 
 
 icp. is July . - 
 
 ]9 p 8 98 : -Au| C 'i5' iraeDt sna11 be extra lieutenants, selected from the first or 
 '' secon( ^ lieutenants of the regiment. 2 
 
 pcT 
 PP- * 
 sec. 
 
 V ' 19 ' ' Of tne several cavalry regiments now composing the peace establishment, the 
 p w first, a regiment of dragoons, was authorized by the act of March 2. 1833 (4 Stat. L., 
 , u.. 652)> A 8ecoml regiment of dragoons was authorized by the act of May 23. 1836 
 (5 Stat. L., 32). The second regiment of dragoons was converted into a regiment of 
 riflemen by the act of August 23, 1842 (5 Stat. L . 512), but was reconverted into a 
 regiment of dragoons by the act of April 4, 1844 (5 Stat. L .654). A regiment of 
 mounted riflemen was added to the establishment by the act of May 19. 1846 (9 Stat. 
 L., 13). Two regiments of cavalry (known as the First and Second) were authorized 
 by the act of March 3, 1855 (10 Stat. L., 635). A third regiment of cavalry was 
 organized by order of the President on May 4, 1861, confirmed by the act of July 29, 
 1861 (12 Stat. L.,279). In accordance with the authority conferred by the act of 
 August 3, 1861, the six mounted regiments of the Army were consolidated into one 
 corps and designated as follows: 
 
 The First Regiment of Dragoons, as the First Cavalry. 
 The Second Regiment of Dragoons, as the Second Cavalry. 
 The Regiment of Mounted Riflemen, as the Third Cavalry. 
 
 378 
 
 Four regiments of cavalry, the Seventh, Eighth, Ninth, and Tenth, the Ninth and 
 Tenth composed of colored men. were added to tlie establishment under the authority 
 conferred by the act of July 28, 1866. 
 
 The act of November 21, 1877 (20 Stat. L. 2), contained a proviso that 'cavalry 
 regiments may bo recruited to one hundred men in each company, and kept as near 
 as practicable at that number, and a sufficient force of cavalry shall be employed 
 in the defense of the Mexican and Indian frontier of Texas : Provided, That nothing 
 herein contained shall authorize the recruiting the number of men on the Army 
 rolls, including Indian scouts and hospital stewards, beyond twenty-five thousand." 
 
 2 THE REGIMENTAL STAFF. 
 
 The staff of a regiment consists of the adjutant and quartermaster, and they will 
 be so designated. They will be appointed by the regimental commander, who will 
 at once report his action to the Adjutant General by telegraph . the appointment of 
 the quartermaster is made subject to the approval of the Secretary of War. Each 
 appointment will take effect the day on which it is made, and the officer appointed 
 will be entitled to the pay pertaining thereto from the date when he assumes the 
 duties under such appointment. (Par. 233, A R., 1895.) 
 
 The adjutant or quartermaster may hold office for tour years, including all periods 
 of such service, and no longer. He will not be eligible for a second tour of such 
 
THE MILITARY LAWS OF THE UNITED STATES. 379 
 
 1072. Eacli troop of cavalry shall consist of one captain, 
 
 one first lieutenant, one second lieutenant, one first sergeant, 299, s .^3, 
 
 one quartermaster-sergeant, five sergeants, four corporals, c. 201, 8 .n,V. 12! 
 
 7 p.599;Jan.6,18C3, 
 
 two trumpeters, two farriers, one saddler, one wagoner, c. 7, v. 12, P . 634 ; 
 
 . . / Mar. 3, 1863, c. 75, 
 
 and such number of privates, not exceeding seventy-eight, s.37,v.i2, p. 737? 
 
 , , _. . , , . , , Julvl5 1870 c 294 s. 10, v. 16, p. 318. 
 
 as the President may direct. 1 ' sec.iioh,u.s. 
 
 1073. The enlisted men of two regiments of cavalry shall Colored cavalry 
 
 , , , regiments. 
 
 be colored men. July 28, isee, c. 299, s. 3. v. 14, p. 332. sec. 1104, n. s. 
 
 1074. Any portion of the cavalry force may be armed and Dismounted 
 drilled as infantry or dismounted cavalry, at the discretion ca juiy J 28, iseo, c. 
 of the President. 35, .. 3. v. u, P . 
 
 ARTILLERY. 2 Sec. 1106, R.S. 
 
 1075. Each regiment of artillery shall consist of twelve m ^jj illery regi " 
 batteries, one colonel, one lieutenant-colonel, one major fo 
 
 every four batteries, one adjutant, one quartermaster and 230 j 
 
 J . c. 229, s. 2,v. 14, . 
 
 commissary, one sergeant-major, one quartermaster- ser- 332; Mar. sj 869, 
 geant, one chief musician, who shall be instructor of music, Sisf juiyiVisVoi 
 and two principal musicians. The adjutant and quarter- pf^' 8- 10 ' v- 16 ' 
 master and commissary shall be extra lieutenants, selected Sec.i099,n.s. 
 from the first or second lieutenants of the regiment. 3 
 
 1076. Each battery of artillery shall consist of one captain, ^Artillery bat- 
 one first lieutenant, one second lieutenant, one first ser- - e 5uiy 29,1861,0. 
 geant, one quartermaster- ser geant, four sergeants, four cor- 279 ^juiy^fse?,' 
 porals, two musicians, two artificers, one wagoner, and as 3^jaiy w, %7?i 
 many privates, not exceeding one hundred and twenty- | 9 - 8 - 10iV - 16 ' 
 two, as the President may direct. One first lieutenant, sec.noo,K.s. 
 one second lieutenant, two sergeants and four corporals 
 
 maybe added to this battery organization at the discretion 
 of the President. 
 
 1077. One battery in each regiment of artillery, to be 
 designated by the President, shall be equipped as l*gfc*MifM7 P e 6 6 
 
 duty nor for appointment or reappointment to either position, except to servo an 9 ' K ' v -ii'Ji' w 
 unexpired term of four years. (Par. 234, ibid.) * ec * " w * "' 
 
 A regimental commander is restricted in his choice of staff officers to the lieuten- 
 ants on duty with the regiment and who are not at a school of instruction nor witli 
 light batteries. Should he desire to appoint a lieutenant absent from the regiment, 
 the lieutenant must join before the appointment can be made. (Par. 235, ibid.) 
 
 Medical officers are no longer attached to regiments on the peace establishment. 
 
 'Since 1883 companies of cavalry have been designated "troops." (Circulars 8 
 and 9, A. G. 0. 1883 ; see also Cavalry Drill Regulations.) By Executive Orders the 
 enlisted men of Troops L and M of each regiment of cavalry were distributed among 
 tLe other troops. (G. O. 79 and 120, A. G. O. 1890.) By General Orders No. 28, 
 Adjutant-General's Office of 1891, certain cavalry troops were to be composed of 
 Indians. The enlistment of Indians having been discontinued these organizations 
 have, with the exception of Troop L, Seventh Cavalry, again become skeleton troops. 
 The Indians of Troop L, Seventh Cavalry, are ultimately to be discharged. (Report 
 of Adjutant-General to the Secretary of War, pp. 7, 10.) 
 
 5 At the general reduction of the Army, eifected in pursuance of the act of March 
 2, 1821 (3 Stat. L., 615), the artillery was consolidated into four regiments of nine 
 companies each, one of which, in each regiment, was to be designated and equipped 
 as light artillery. The Ordnance Department was merged in the artillery, a super- 
 numerary capta'in, for ordnance duty, was added to each regiment, and the President 
 was authorized " to select from the regiments of artillery such officers as maybe 
 necessary to perform ordnance duties who, while so detached, shall be subject only 
 to the orders of the War Department." The Ordnance Department was separated 
 from the artillery by the act of May 25, 1832 (4 Stat. L., 605). One company was 
 added to each regiment by theactof July 5, 1838 (SStat. L., 256), and two companies by 
 section 18 of theact of March 3, 1847 (9Stat. L., 184), making twelve companies in all. 
 The act of March 3, 1847, authorized the President to designate an additional company 
 in each regiment to be armed and equipped as light artillery. The fifth regiment 
 was added, as a regiment of light artillery, by order of the President, on May 5, 
 1861, the organization being confirmed by the act of July 29, 1801 (12 Stat. L.,278). 
 
 3 See note to paragraph 1071, ante. 
 
380 THE MILITARY LAWS OF THE UNITED STATES. 
 
 artillery, and one other battery may be so designated and 
 equipped, when the President may deem it necessary. 1 
 
 INFANTRY. 2 
 
 infantry regi- 1078. Each infantry regiment shall consist of ten com- 
 m juiy 28, isee, c. -panics, one colonel, one lieutenant-colonel, one major, one 
 
 299, s. 6, v. 14, p. L 
 
 333; Mar. 3,1869, adjutant, one quartermaster, one sergeant-major, one quar- 
 3i8; Juiy'S isVo, termaster-sergeant, and one chief musician, who shall be 
 P. lis! 8 ' 10 ' v 16> instructor of music, and two principal musicians. The adju- 
 
 sec. iioo, R.S. aii ail( j t | ie q uar termaster shall be extra lieutenants select- 
 ed from the first or second lieutenants of the regiment. 3 
 
 i"J'antry com 1079. Each company of infantry shall consist of one cap- 
 299 1 i ly 6 28 v 1 u G ' c 'tain, one first lieutenant, one second lieutenant, one first 
 333'; July is, i87o, sergeant, one quartermaster-sergeant, four sergeants, four 
 
 c. 294, 88. 2, 10, v. 
 
 16, pp. si?, sis. corporals, two artificers, two musicians, one wagoner, and 
 ' fifty privates, and the number of privates may be increased 
 at the discretion of the President not to exceed one hun- 
 dred, whenever the exigencies of the service require such 
 increase. 4 
 Colored infan- 1080. The enlisted men of two regiments of infantry shall 
 
 try regiments. 
 
 July 28, i66, c. be colored men. 
 
 299,8.4, v.!4,p.332; 
 
 Mar. 3, 1869, c. . 
 
 124, s. 2, v. 15, p. i T , vo batteries in each regiment of artillery are now, by Executive Order, desig- 
 ns' line u V nated as light batteries. 
 
 Sec. lius,K.?. The f<\r8t Regiment of infantry was authorized by the act of April 30, 1790 
 (1 Stat. L., 119). the Second by the act of March 3, 1791 (ibid., 222), the Third and 
 Fourth by the act of May 30, 1796 (ibid., 483), the Fifth, Sixth, and Seventh regi- 
 ments by* the act of June 26, 1812 (2 Stat. L., 764), and tbe number of regiments of 
 infantry* was fixed at seven by the act to reduce and lix the military establishment, 
 approved March 2, 1821. The Eighth Regiment was added by the act of July 5, 1838, 
 and the President was authorized "whenever he may deem it expedient, to cause 
 not exceeding two of the regiments of infantry to be armed and equipped as regi 
 ments of riflemen, and one other of the regiments of infantry to be armed and 
 equipped and to serve as a regiment of light infantry." The JN inth and Tenth regi- 
 ments were authorized by the act of March 3, 1855 (10 Stat. L , 701). The Eleventh 
 to the Nineteenth regiments, inclusive, were organized by order of the President on 
 May 4, 1861, the organization being confirmed by the act of July 29, 1861 (12 Stat. L., 
 279). Twenty five regiments, from the Twentieth to the Forty-fifth, inclusive, were 
 authorized by the act of July 28, 1866, of which four, from the Thirty eighth to the 
 Forty-first, inclusive, were to be composed of colored men, and four, from the Forty- 
 second to the Forty-fifth, inclusive, were to be composed of men who had been 
 wounded in the line of duty and were toconstitute a Veteran Reserve Corps. At the 
 redaction effected in pursuance of section 2 of the act of March 3, 1869 (15 Stat. L , 
 318), the number of infantry regiments was reduced to twenty-five. In effecting the 
 consolidation required by the act above cited, the designations of the First, Second, 
 Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth. Thirteenth. 
 Twentieth, and Twenty-third regiments were not changed; the Eleventh Regiment 
 was formed, by consolidation, from the Twenty-fourth and Twenty -ninth ; the Four- 
 teenth from the Fourteenth and Forty-fifth; the Fifteenth from the Fifteenth and 
 Thirty-fifth; the Sixteenth from the Eleventh and Thirty-fourth; the Seventeenth 
 from the Seventeenth and Forty-fourth ; the Eighteenth from the Eighteenth and 
 Twenty-fifth; the Nineteenth from the Nineteenth and Twenty eighth; the Twenty- 
 first from the Twenty-first and Thirty-second ; the Twenty-second from the Twenty- 
 second and Thirty -first; the Twenty-fourth from the Thirty-eighth and Forty first; 
 the Twenty-fifth from the Thirty-ninth and Fortieth. 
 
 The regiments organized prior to the 4th of May, 1861, were composed of ten com- 
 panies each ; those organized by Executive Order of that date were each composed of 
 three battalions of eight companies each. The organization prescribed by the act 
 of July 28, 1866, which is now in force, fixes the organization of an infantry regiment 
 at ten companies, of a cavalry regiment at twelve companies, and a regiment of 
 artillery at the same number. 
 3 See note 2 to paragraph 1071, ante. 
 
 * The enlisted men of Companies I and K of each regiment of infantry were, by 
 General Orders Nos. 76 and 120 of 1890, from the Adjutant-General's Ofnce distrib 
 uted among the other companies of the several regiments. Under the authority con- 
 ferred by General Orders, No. 28, of 1891, from the Adjutant-General s Office, com- 
 panies of infantry have been organized the enlisted men of which were Indians. 
 Subsequently the enlistment of Indians was discontinued, and these organizations 
 have again become skeleton companies. (Report of Adjutant-General to the Secre- 
 tary of War, pp. 7, 10.) 
 
CHAPTER XXX. 
 
 THE MILITARY ACADEMY THE SEKVICE 
 SCHOOLS. 
 
 THE MILITARY .ACADEMY. 
 
 Par. 
 
 1081. Officers, professors, and in- 
 
 structors. 
 
 1082. Assignment of law professor. 
 
 1083. Professor of modern la ir 
 
 guages. 
 
 1084. Associate professor of math- 
 
 ematics. 
 
 1085. Chaplain of the Military 
 
 Academy. 
 
 1086. Supervision of Academy. 
 
 1087. Appointment of officers and 
 
 professors. 
 
 1088. Selection of officers. 
 
 1089. No graduate to be assigned 
 
 to duty at the Academy 
 until two years after 
 graduation. 
 
 1000. Local rank of superintend- 
 ent and commandant. 
 
 1091. Superintendent's command. 
 
 1092. Commandant of cadets. 
 
 1093. Superintendent and com- 
 
 mandant, pay of. 
 
 1094. Pay of professors. 
 
 1095. Retirement of professors. 
 1896. Assistant professors and in- 
 structors. 
 
 1097. Pay of assistant instructors 
 
 of tactics. 
 
 1098. Quartermaster and commis- 
 
 sary of cadets ; supplies at 
 cost. 
 
 1099. Adjutant, pay of. 
 
 1100. Librarian and assistant. 
 
 1101. Master of sword. 
 
 1102. Cadets, number and ap- 
 
 pointment of. 
 
 Par. 
 
 1103. Cadets at large. 
 
 1104. Appointment in advance. 
 
 1105. Age of appointees. 
 
 1106. Examination and qualifica- 
 
 tions. 
 
 1107. Oath. 
 
 1108. Engagement for service. 
 
 1109. Pay of cadets. 
 
 1110. Graduates to be commis- 
 
 sioned, if competent, in 
 any arm or corps in which 
 a vacancy exists. 
 
 1111. But one supernumerary offi- 
 
 cer to be attached to each 
 company. 
 
 1112. To receive pay from date of 
 
 graduation. 
 
 1113. Cadet battalion. 
 
 1114. Where to do duty. 
 
 1115. No studies on Sunday. 
 
 1116. Deficient cadets. 
 
 1117. Hazing; penalty. 
 
 1118. Courts-martial for trial of 
 
 cadets. 
 
 1119. Board of visitors. 
 
 1120. Duties of visitors. 
 1121, 1122. Compensation. 
 
 1123. Leaves of absence. 
 
 1124. Congressional documents to 
 
 library. 
 
 1125. Government publications. 
 
 1126. Purchases for library. 
 
 1127. Purchases of scientific and 
 
 technical supplies. 
 
 1128. Contingencies of superin- 
 
 tendent. 
 
 1129. Contingent fund. 
 
 381 
 
382 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Par. 
 
 1130. Military Academy band. 
 
 1131. Pay of leader. 
 
 1132. Composition of band. 
 
 1133. Pay of band. 
 
 Par. 
 
 1136. Pay of certain enlisted men. 
 
 1137. Study of effects of alcoholic 
 
 drinks and narcotics. 
 
 1138. Enforced. 
 
 1134. General Army service men. i 1139, 1140. The Cnllnui bequest. 
 
 1135. Limit of strength. 
 
 - 1081. The United States Military Academy at West 
 structo'rs. Point, ill the State of New York, shall be constituted as 
 
 TVf"*iT 16 180*^ c 
 
 9, s. 28, V. 2, P. is?; follows: There shall be one superintendent: one cominan- 
 
 June 12, 1858, c. . . 
 
 156, s. i, v. 11, p dant of cadets : one senior instructor in the tactics of artil- 
 
 333; Apr.29, 1812, , . . ,, ,. _ , 
 
 c. 72, s. 2, v. 2, p. lery ; one senior instructor in the tactics of cavalry; one 
 
 720; Apr.14, 1818, . ,. ,. . x , _ 
 
 c. 6i, s.2, v. 3, p. senior instructor in the tactics or infantry; one professor 
 1 . VP'. and one assistant professor of civil and military engiueer- 
 oisv. 1 !, 3 ?! ing; one professor and one assistant professor of natural 
 c?fes u f,'vl aJ 4 p! and experimental philosophy; one professor and one assist- 
 e?8vJSo! l pl; a * 1 * Professor of mathematics; one professor and one 
 45 0l v n' ^"loi - assistant professor of chemistry, mineralogy, and geology; 
 ^ 9 f ' 3 ' 594 1 ' Feb' oue P r f essor and one assistant professor of drawing; one 
 28, 1867, c. 100. s. professor of modern languages; one assistant professor of 
 
 i), v. 14, p. 416; * 
 
 4? b v \ 6 i 1857 i6i- * ne ^ rencu language ; one assistant professor of the Spanish 
 sec. 4, June 23,' language ; one assistant professor of law; one adjutant; 
 
 1879, v. 21, p. 34, . J 
 
 Jan. 16, 3895, v. one master of the sword; and one teacher of music. 
 
 28. p. 630; Feb. 18, 
 
 1896, v. 29, p. 8. Sec. 1309, B. S. 
 
 Assignment of 1082. That the Secretary of War may assign one of the 
 
 law professor. 
 
 June e, 1874, v. judge-advocates of the Army to be professor of law. Act 
 
 1880,' v2i, p.'iw.' of June 6, 1874 (IS Stat. L., 60). Provided, That the Secre- 
 
 tary of War may, in his discretion, assign any officer of the 
 
 Army as professor of law. 1 Act of Juno 1, 1880(21 Stat. 
 
 L., 153). 
 
 Professor of 1083. That when a vacancy occurs in the office of pro- 
 
 gnagea[ n fessor of the French language or in the office of professor 
 
 1879, v. 21, p. 34. of the Spanish language in the Military Academy, both 
 
 these offices shall cease, and the remaining one of the two 
 
 professors shall be professor of modern languages; and 
 
 thereafter there shall be in the Military Academy one, and 
 
 only one, professor of modern languages.- Act of June 23. 
 
 1879 (21 Stat. L., 34). 
 
 festorof 'Ui'e- 1084> Tliere SQa11 be appointed at the Military Academy 
 m pa 8 ami allow ^ rom ^ ae A rmv > * n addition to the professors authorized by 
 
 an i e o 11 o- e v 1 1 ' ^ ne ex i s ^ ll ff laws, an associate professor of mathematics, who 
 pay. shall receive the pay and allowances of a captain mounted, 
 
 Mar. 1,1893; v. 
 
 27, p. 515. and when his service as associate professor of mathematics 
 
 1 The acts of June 27, 1881 (21 Stat. L., 319), and June 30, 1882 (22 Stat. L., 125), 
 contain a similar provision. 
 
 2 The vacancy contemplated in this enactment occurred on June 30, 1882, upon 
 the retirement of the professor of Spanish. The statute then became operative, 
 and the professorships of the French and Spanish languages were merged in that 
 of Modern Languages. 
 
THE MILITARY LAWS OF THE UNITED STATES. 383 
 
 at the Academy exceeds ten years, lie shall receive the pay 
 arid allowances of major; and hereafter there shall be 
 allowed and paid to the said associate professor of mathe- 
 matics ten per centum of his current yearly pay for each 
 and every term of five years' service in the Army and at 
 the Academy: Provided, That such addition shall in no 
 case exceed forty per centum of said yearly pay 5 and said 
 associate professor of mathematics is hereby placed upon 
 the same footing as regards restrictions upon pay and 
 retirement from active service as officers of the Army. Act 
 of March 1, 1893 (27 Stat. L., 515}. 
 
 1065. That the duties of chaplain at the Military Acad- chapiainofthe 
 
 Military Acad- 
 emy shall hereafter be performed by a clergyman to be emy. 
 
 appointed by the President for a term of four years, and v. 29, p. 8.' 
 the said chaplain shall be eligible for reappointment for 
 an additional term or terms and shall, while so serving, 
 receive the same pay and allowances as are now allowed 
 to a captain mounted. Act of February 18, 1896 (29 Stat. 
 L., 8). 
 
 SUPERVISION. 
 
 1086. The supervision and charge of the Academy shall A ^E visi n f 
 be iii the War Department, under such officer or officers as J ^g 1 ^ 18 ^ 6 ' c - 
 the Secretary of War may assign to that duty. 1 92.' k 
 
 Sec. 1381) R. S. 
 THE ACADEMIC STAFF. 
 
 1087. The superintendent, the commandant of cadets, and Appointment 
 
 of oft cor 8 and 
 
 the professors shall be appointed by the President. The P rofessors - 
 
 Feb. 28, 1803, c. 
 
 assistant professors, acting assistant professors, and the ad- is, s. 2,v. 2, P , 206; 
 jutaut shall be officers of the Army, detailed and assigned 156, s. i?v. nip! 
 
 , , , . , ,, ,-, , 333; Apr. 29, 1812, 
 
 to such duties by the Secretary of War, or cadets assigned c^ 72, s. 2, v. 2, P . 
 by the superintendent, under the direction of the Secretary ^lie,". 'e/v-'il^p'. 
 
 Of War. Sec. 1313, R.S. 
 
 1088. The superintendent and commandant of cadets selection of offi. 
 
 cers. 
 
 may be selected, and all other officers on duty at the Acad- Jiy is, iseo, c. 
 emy may be detailed from any arm of the service ; but the 92.' 
 academic staff as such shall not be entitled to any com- 
 mand in the Army separate from the Academy. 
 
 1089. Hereafter no graduate of the Military Academv NO graduate to 
 
 J J be assigned to 
 
 shall be assigned or detailed to serve at said Academy asdutyatth* 
 
 emy within two 
 
 a professor, instructor, or assistant to either, within two years after grad- 
 uation. 
 
 years after his graduation, and so much of the act of June July 26, 1395, v. 
 thirtieth; eighteen hundred and eighty-two, as requires 
 a longer service than two years for said assignments or 
 
 'The Military Academy is withdrawn from the control and supervision of depart- 
 ment commanders by the terms of paragraph 190, Army Regulations of 1895. 
 
384 THE MILITARY LAWS OF THE UNITED STATES. 
 
 details is hereby repealed. 1 Act of July 26, 1894 (SS.Stat. 
 
 L., 151). 
 
 Local rank of 1090. The superintendent and the commandant of cadets, 
 auScommandant while serving as such, shall have, respectively, the local 
 i f >o U s e i l Vn 8l p' ran ^ of colonel and lieutenant-colonel of engineers. 
 
 3331 8 SecYl310JR. S. 
 
 1091. The superintendent, and, in his absence, the next 
 
 9 svm ran k> shall have the immediate government and military 
 Aug. 23', is42, c! command of the Academy, and shall be commandant of the 
 
 186, s. 6, v. 5, p. V 
 
 513. military post of West Point. 
 
 Sec. 3111, R.S. 
 
 ca Coramandantof 1092. The commandant of the cadets shall have the im- 
 
 j une 12, 1858, c. mediate command of the battalion of cadets, and shall be 
 
 33:5'. instructor in the tactics of artillery, cavalry, and infantry, 
 
 Sec. 1312, R. S. 
 
 superintend- 1093. The superintendent of the Military Academy shall 
 have tue P av of a colonel, and the commandant of cadets 
 
 June 12, 1858, c. shall have the pay of a lieutenant-colonel. 
 
 Io7, ft. 1, v. 11, p. 
 
 333. Sec. 1334, B. S. 
 
 Pay of profea 1094, Each of the professors of the military Academy 
 
 Feb. 28. 1873, c. whose service as professor at the Academy exceeds ten 
 
 " HOC'. 4,'June 23, years shall have the pay and allowances of colonel, and 
 
 sec]i33<f,'R.'s. all other professors shall have the pay and allowances of 
 
 lieutenant-colonels 5 and the instructors of ordnance and 
 
 science of gunnery and of practical engineering shall have 
 
 the pay and allowances of major; and hereafter there shall 
 
 be allowed and paid to the said professors ten per centum 
 
 of their current yearly pay for each and every term of five 
 
 years' service in the Army and at the Academy: Provided, 
 
 That such addition shall in no case exceed forty per centum 
 
 of said yearly pay; and said professors are hereby placed 
 
 upon the same footing, as regards restrictions upon pay 
 
 and retirement from active service, as officers of the Army. 2 
 
 1 The act of June 30, 1882 (22 Stat. L., 123), contained the requirement that no grad- 
 uate of the Military Academy should be assigned or detailed to serve as a professor, 
 instructor, or assistant to either, within four years after his graduation. 
 
 2 Section 1336, Revised Statutes, provides that "each of the professors of the Mili- 
 tary Academy whose service at the Academy exceeds ten years shall have tne pay and 
 allowances of colonel." Section 4 of the Army appropriation act of June 23, 1879, 
 amends this section by inserting, after the word "service.' the words 'as professor. ' 
 Held that professors who at the passage of the last statute were being paid as colo- 
 nels becauseof having served at the Academy ten years, but who had not yet served 
 there as professors for that period, could not legally continue to be so paid, but were 
 entitled to be paid as lieutenant-colonels only until they had completed the term of 
 special service contemplated by the act of 1879. (Dig. J. A. Gen., p. 615, par. 1.) 
 
 The professors of the Military Academy do not belong to the staff' of the Army 
 within the meaning of section 1205, Revised Statutes, since they have no military 
 rank or grade. The fact that they are authorized by the President to wear the uni- 
 form of the rank as of which they are paid does not invest them with such rank. 
 This can be given them by Congress alone. (Ibid., par. 2.) 
 
 A captain of cavalry does not vacate his office as such by the acceptance of that of 
 professor of the Military Academy, there being no incompatibility in the functions 
 of the two offices. (Ibid., par. 3.) 
 
 The professors of the Military Academy at West Point are commissioned officers 
 of the Army, whoso pay and allowances are assimilated to those of a lieutenant- 
 colonel and a colonel; and in case of such disability as is described in section 4693, 
 IJevised Statutes, they are entitled to pensions at the same rate with officers of the 
 rank of lieuteuaut-coloucl. (17 Opin. Att. Gen , 359.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 385 
 
 1095. The professors of the Military Academy at West 611 * of 
 
 Point are placed on the same footing, as to retirement from July is, g7o,c. 
 
 294, s. 13, v. 16, p. 
 
 active service, as officers of the Army. si& 
 
 1096. Each assistant professor and each senior assistant Assistant pW- 
 instructor of cavalry, artillery, and infantry tactics shall Btr'uctors. n 
 
 Apr. 29, 1812, c. 
 
 receive the pay or a captain. 1 c. 72,3. 2, v. 2, p. 
 
 720; July 5, 1838, 
 
 c. 162, s. 19, v. 5, p. 259; July 20, 1840, c. 50, s. 3, v. 5, p. 398; Aug. 6, 1852, c . 81, s. 2, v. 10, p. 
 29 ; June 12, 1858, c. 156, s 1, v. 11 p. 333 ; Feb. 28, 1867, c. 100, s. 3, v. 14, p 416- Feb 28 
 1873, v. 17, p. 479 ; Jan. 16, 1895, v. 28, p. 630. Sec. 1337, R. si 
 
 1097. That the assistant instructors of tactics command- Pay of assist- 
 
 ant instructors 
 
 ing cadet companies at West Point shall receive the pay of tactics. 
 and allowances as assistant professors in the other branches is, P . 467.' 
 of study. 1 Act of March 3, 1875 (18 Stat. ., 467.) 
 
 1098. That the Secretary of War be hereby directed to 
 detail a competent officer to act as quartermaster and com- of cadets - 
 missary for the battalion of cadets, by whom all purchases 
 
 and issues of supplies of all kinds for the cadets, and all supplies at 
 provisions for the mess, shall be made, and that all supplies lug. 7, we, v. 
 of all kinds and description shall be furnished to the cadets 
 at actual cost, without any commission or advance over 
 said cost; and such officer so assigned shall perform all the 
 duties of" purveying and supervision for the mess, as now 
 done by the purveyor, without other compensation. 2 Act 
 of August 7, 1876 (19 Stat. L., 126.) 
 
 1099. The adjutant of the Military Academy shall have Adjutant, pay 
 the pay of an adjutant of a cavalry regiment. Mar 3, issi, c. 
 
 L J J J 32,s.l,v.9,p.594. 
 
 Sec. 1335, B.S. 
 
 1100. The librarian and assistant librarian at the Mili- Librarian and 
 
 assistant. 
 
 tary Academy shall each receive one hundred and twenty Apr. 23,1866,0. 
 
 * 19, s. 2, v. 11, p. 5. 
 
 dollars a year additional pay. sec. 13*0, R.S. 
 
 1101. The master of the sword at the Military Academy J^j 8 * e r of 
 shall receive pay at the rate of fifteen hundred dollars a ^jfYVn 7 ' ; 
 year, with fuel and quarters. 16 ^ ec ^ u s> " 
 
 THE CORPS OF CADETS. 
 
 1102. The corps of cadets shall consist of one from each cadets, num- 
 
 -, -, . , . . , m /. t> er and appoint- 
 
 congressional district, one irom each Territory, one from ment of. 
 
 the District of Columbia, and ten from the United States52, 8 . a 2,'v.5,p.606i 
 
 __ sec. 4, June 11, 
 
 1 Assistant professors at the Military Academy are entitled to the quarters of cap- Sec. 1315, R. S. 
 tains (9 Opin. Att. Gen., 284). The distinction contended for at the Military Academy 
 between academic and military rank is not allowable in the choice of quarters. (5 
 Ibid., 627.) 
 
 'The annual appropriation acts, since that of March 31, 1884, have contained a pro- 
 vision for extra pay for the quartermaster and commissary of cadets at the rate of 
 $700 per annum, in addition to his pay as a captain of infantry. The act of June 30, 
 1892 (22 Stat. L., 123), authorizes the Secretary of War to detail a commissary ser- 
 geant to act as assistant to the commissary of cadets. 
 
 3 The animal acts of appropriation from that of February 18, 1871 (16 Stat. L., 414), 
 to that of July 26, 1894 (28 Stat. L., 156), contained a provision authorizing the pay- 
 ment of $1,000 per annum for compensation of the librarian's assistant. In the acts 
 of February 12, 1895 (28 Stat. L., 631), and March 6, 1896(29 Stat. L., 49), the compen- 
 sation of the librarian's assistant was fixed at $1,200 per annum. 
 
 1919 - 25 
 
386 THE MILITARY LAWS OF THE UNITED STATES. 
 
 at large. 1 They shall be appointed by the President, and 
 shall, with the exception of the ten cadets appointed at 
 large, be actual residents of the congressional or territorial 
 districts, or of the District of Columbia, respectively, from 
 which they purport to be appointed. 
 
 large. 1103. That the cadets at large at the Military Academy 
 , p. in! shall not hereafter exceed ten in all, and no new appoint- 
 ments at large shall be made until the number of such 
 cadets heretofore appointed falls below ten. But this pro- 
 vision shall not be held to require the discharge of any 
 cadet heretofore appointed. Sec. 4, act of June 11, 1878 (20 
 Stat. L., 111). 
 
 Appointment 1104, Cadets shall be appointed one year in advance of 
 in j a une D S' 1866, the time of their admission to the Academy, except in cases 
 p e 359 9> 8 Jl ' ' 14 ' where, by reason of death or other cause, a vacancy occurs 
 Scc ' 1317 ' B * s * which cannot be provided for by such appointment in 
 advance; but no pay or other allowance shall be given to 
 any appointee until he shall have been regularly admitted, 
 as herein provided ; and all appointments shall be condi- 
 tional, until such provisions shall have been complied with. 
 ^Age of appoint- H05. Appointees shall be admitted to the Academy only 
 Vi' v 18 u' between the ages of seventeen and twenty-two years, except 
 
 1 the following case: 2 Any person who has served honor- 
 
 !The provision of the act of March 3, 1875 (18 Stat. L., 467), authorizing the Presi- 
 dent "to fill any vacancy occurring at said Academy by reason of death, or other 
 cause, of any person appointed by him " was repealed by section 4 of the act of June 
 11, 1878 (20 Stat. L., Ill) , paragraph 1103, post 
 
 2 Qualifications. The age for the admission of cadets to the Academy is between 
 17 and 22 years. Candidates must be unmarried, at least 5 feet in height, free from 
 any infectious or immoral disorder, and generally from any deformity, disease, or 
 infirmity which may render them unfit for military service. They must be well 
 versed in reading, in writing, including orthography, in arithmetic, and have a knowl- 
 edge of the elements of English grammar, ot descriptive geography (particularly of 
 our own country), and of the history of the United States 
 
 Appointments How made. Each Congressional district and Territory, also the 
 District of Columbia, is entitled to have one cadet at the Academy. Ten are also 
 appointed at large. The appointments (except those at large) are made by the Sec- 
 retary of War, at the request of the Representative or Delegate in Congress from 
 the district or Territory ; and the person appointed must be an actual resident of the 
 district or Territory from which the appointment is made. The appointments at 
 large are specially conferred by the President of the United States. 
 
 Manner of making applications. Applications can be made at any time, by letter 
 to the Secretary of War, to have the name of the applicant placed upon the register 
 that it may be furnished to the proper Representative or Delegate w r hen a vacancy 
 occurs. The application must exhibit the full name, date of birth, and permanent 
 abode of the applicant, with the number of the Congressional district in which his 
 residence is situated. 
 
 Date of appointments. Appointments are required by law to be made one year in 
 advance of the date of admission, except in cases where, by reason of death or other 
 cause, a vacancy occurs which can not be provided for by such appointment in ad- 
 vance. These vacancies are tilled in time for the next annual examination 
 
 Alternates. -The Representative or Delegate in Congress may nominate a legally 
 qualified second candidate, to be designated the alternate . The alternate will receive 
 from the War Department a letter of appointment, and will be examined with the 
 regular appointee, and if duly qualified will be admitted to the Academy in the event 
 of the failure of the principal to pass the prescribed preliminary examinations. 
 The alternate will not be allowed to defer his reporting at West Point until the result 
 of the examination of the regular appointee is known, but must report at the time 
 designated in his letter of appointment. The alternate, like the nominee, should be 
 designated as nearly one year in advance of date of admission as possible. 
 
 There being no provision whatever for the payment of the traveling expenses of 
 ither accepted or rejected candidates for admission, no candidate should fail to pro- 
 vide himself in advance with the means of returning to his home in case of his rejec- 
 tion before either of the examining boards, as he may otherwise bo put to considerable 
 trouble, inconvenience, and even suffering on account of his destitute condition. If 
 
 ,, 
 
 Sec. lolo, K. n. 
 
THE MILITARY LAWS OF THE UNITED STATES. 387 
 
 ably and faithfully not less than one year, in either the vol- 
 unteer or regular service of the United States, in the late 
 war for the suppression of the rebellion, and who possesses 
 the other qualifications required by law, maybe admitted 
 between the ages of seventeen and twenty-four years. 1 
 
 1106. Appointees shall be examined under regulations to Examination 
 be prescribed from time to time by the Secretary of War, tion. 
 before they shall be admitted to the Academy, and sh all be 72, 8*3%. 2 P . 721'; 
 
 , , , ,, , . , . ... , .,, June 16. 1866, res. 
 
 required to be well versed in reading, writing, and arith- 49, v . u, p 359. 
 metic, and to have a knowledge of the elements of English 
 grammar, of descriptive geography, particularly that of 
 the United States, and of the history of the United States. 2 
 
 admitted, the money brought by him to meet such a contingency can be deposited 
 with the treasurer on account of his equipment as a cadet or returned to his friends. 
 
 It is suggested to all candidates for admission to the Military Academy that before 
 leaving their place of residence for West Point they should cause themselves to be 
 thoroughly examined by a competent physician and by a teacher or instructor in 
 good standing. By such an examination any serious physical disqualification or defi- 
 ciency in mental preparation would be revealed and the candidate probably spared 
 the expense and trouble of a useless journey and the mortification of rejection. 
 
 It should be understood that the informal examination herein recommended is 
 solely for the convenience and benefit of the candidate himself and can in no manner 
 affect the decision of the academic and medical examining boards at West Point. 
 
 See also, for opinions as to the residence and minority of candidates for appoint- 
 ment. Dig. J. A. Gen., 207-211. 
 
 1 It being impossible for a candidate to conform to the conditions of this statute, 
 it is now obsolete and no longer operative. 
 
 2 PHYSICAL EXAMINATION. 
 
 Every candidate is subjected to a rigid physical examination, and if there is found 
 to exist in him any of the following causes of disqualification to such a degree as 
 would immediately or at no very distant period impair his efficiency, he is rejected : 
 
 1. Feeble constitution and unsound health from whatever cause; indications of 
 former disease; glandular swellings or other symptoms of scrofula. 
 
 2. Chronic cutaneous affections, especially of the scalp. 
 
 3. Severe injuries of the bones of the head; convulsions. 
 
 4. Impaired vision, from whatever cause; inflammatory affections of the eyelids; 
 immobility or irregularity of the iris; fistula lachrymahs, etc. 
 
 5. Deafness ; copious discharge from the ears. 
 
 6. Loss of many teeth, or the teeth generally unsound. 
 
 7. Impediment of speech. 
 
 8. Want of duo capacity of the chest, and any other indication of a liability to a 
 pulmonic disease. 
 
 9. Impaired or inadequate efficiency of one or both of the superior extremities on 
 account of fractures, especially of the clavicle, contraction of a joint, deformity, etc. 
 
 10. An unusual excurvature or incurvature of the spine. 
 
 11. Hernia. 
 
 12. A varicose state of the veins of the scrotum or the spermatic cord (when large), 
 hydrocele, hemorrhoids, fistulas. 
 
 13. Impaired or inadequate efficiency of one or both of the inferior extremities on 
 account of varicose veins, fractures, malformation (flat feet), lameness, contraction, 
 unequal length, bunions, overlying or supernumerary toes, etc 
 
 14. Ulcers or unsound cicatrices of ulcers likely to break out afresh. 
 
 ACADEMICAL EXAMINATION. 
 
 Reading. In reading, candidates must be able to read understandingly, and with 
 proper accent and emphasis. 
 
 Writing and orthography. In writing and orthography they must be able, from 
 dictation, to write sentences from standard pieces of English literature, both prose 
 and poetry, sufficient in number to test their qualifications both in handwriting and 
 orthography. They must also be able to write and spell correctly from dictation a 
 certain number of standard test words. 
 
 Arithmetic. In arithmetic they must be able 
 
 First. To explain accurately and clearly its objects and the manner of writing and 
 reading numbers entire, fractional, compound, or denominate. 
 
 Second. To perform with facility and accuracy the various operations of addition, 
 subtraction, multiplication, and division of whole numbers, abstract and compound 
 or denominate, giving the rule for each operation, with its reasons, and also for the 
 different methods of proving the accuracy of the work. 
 
 Third. To explain the meaning of reduction, its different kinds, its application to 
 denominate numbers in reducing them from a higher to a lower denomination and 
 
388 THE MILITARY LAWS OF THE UNITED STATES, 
 
 oath. 1107. Each cadet shall, previous to his admission to the 
 
 Aug. o, lool, c. 
 
 42, s. 8, v. 12, p. Academy, take and subscribe an oath or affirmation in the 
 
 288 ; <J UH6 8, 1866, 
 
 c. no, s. 2, v. u, following form : 
 
 'sec.i32o,R.s. "I, A B, do solemnly swear that I will support the Con- 
 stitution of the United States, and bear true allegiance to 
 
 the reverse, and to equivalent decimals; to give the rule for each case, with its rea- 
 sons, and to apply readily these rules to practical examples of each kind. 
 
 Fourth. To explain the nature of prime numbers and factors of a number; of a 
 common divisor of two or more numbers, particularly of their greatest common 
 divisor, with its use, and to give the rule, with its reasons, for obtaining it ; also the 
 meaning of a common multiple of several numbers, particularly of their least com- 
 mon multiple and its use, and to give the rule, with its reasons, for obtaining it, and 
 to apply each of these rules to examples. 
 
 Fifth. To explain the nature of fractions, common or vulgar, and decimal ; to define 
 the various kinds of fractions, with the distinguishing properties of each; to give 
 all the rules for their reduction, particularly from mixed to improper and the reverse, 
 from compound or complex to simple, to their lowest terms, to a common denomi- 
 nator, from common to decimal and the reverse; for their addition, subtraction, mul- 
 tiplication, and division, with the reason for each change of rule, and to apply each 
 rule to examples. 
 
 Sixth. To define the terms "ratio" and "proportion;" to give the properties of pro- 
 portion and the rules and their reasons for stating and solving questions in both 
 simple and compound proportion, or single and double rule of three, aud to apply 
 these rules to examples. 
 
 Seventh. The candidates must not only know the principles and rules referred to 
 above, but they are required to possess such a thorough understanding of all the 
 fundamental operations of arithmetic as will enable them to combine the various 
 principles in the solution of any complex problem which can be solved by the methods 
 of arithmetic. In other words, they must possess such a complete knowledge of 
 arithmetic as will enable them to take up at once the higher branches of mathematics 
 without further study of arithmetic. 
 
 Eighth. It is to be understood that the examination in these branches may be either 
 written or oral, or partly written and partly oral ; that the definitions and rules must 
 be given fully and accurately, and that the work of all examples, whether upon the 
 blackboard, slate, or paper, must be written plainly and in full, and in such a manner 
 as to show clearly the mode of solution. 
 
 Grammar. In English grammar candidates must be able 
 
 First. To define the parts of speech and give their classes and properties; to give 
 inflections, including declension, conjugation, and comparison; to give the corre- 
 sponding masculine and feminine gender nouns ; to give and apply the ordinary rules 
 of syntax. 
 
 Second. To parse fully and correctly any ordinary sentence, omitting rules, declen- 
 sions, comparisons, and principal parts, but giving the subject of each verb, the 
 governing word of each objective case, the word for which each pronoun stands or 
 to which it refers, the words between which each preposition shows the relation, 
 precisely what each conjunction connects, what each adjective and adverb qualifies 
 or limits, the construction of each infinitive, and generally showing a good knowl- 
 edge of the function of each word in the sentence. Omissions will be taken to indi- 
 cate ignorance. 
 
 Third. To correct in sentences or extracts any ordinary grammatical errors, such 
 as are mentioned and explained in ordinary grammars. 
 
 It is not required that any particular grammarian or text-book shall be followed, 
 but rules, definitions, parsing, and corrections must be in accordance with good 
 usage and common sense. The examination may be written or oral, or both written 
 and oral. 
 
 Geography. Candidates will be required to pass a satisfactory examination, written 
 or oral, or both, in geography, particularly of our own country. To give a candidate 
 a clear idea of what is required, the following synopsis is added to show the charac- 
 ter and extent of the examination. Questions are likely to be asked involving knowl- 
 edge of 
 
 First. Definitions of the geographical circles, of latitude and longitude, of zones, 
 and of all the natural divisions of the earth's surface, as islands, seas, capes, etc. 
 
 Second. The continental areas and grand divisions of the water of the earth's 
 surface. 
 
 Third. The grand divisions of the land the large bodies of water which in part 
 or wholly surround them. 
 
 Their principal mountains location, direction, and extent. 
 
 The capes from what parts they project and into what waters. 
 
 Their principal peninsulas location, and by what waters are they embraced. 
 
 The parts connected by an isthmus, if any. 
 
 Their principal islands location and surrounding waters. 
 
 The seas, gulfs, and bays the coasts they indent and the waters to which they are 
 subordinate. 
 
 The straits the lands they separate and the waters they connect. 
 
 Their principal rivers their sources, directions of flow, and the waters into which 
 they empty. 
 
 Their principal lakes location and extent. 
 
 Fourth. The political divisions of the grand divisions their names, locations, 
 boundaries, and capitals. 
 
 General questions of the same character as indicated in the second section, made 
 applicable to each of the countries of each of the grand divisions. 
 
 Fifth. The United States. 
 
 The candidate should be thoroughly informed as to its general features, configu- 
 
THE MILITARY LAWS OF THE UNITED STATES. 389 
 
 the National Government; tbat I will maintain and defend 
 the sovereignty of the United States, paramount to any 
 and all allegiance, sovereignty, or fealty I may owe to any 
 State, county, or country whatsoever; and that I will at 
 all times obey the legal orders of my superior officers, and 
 the rules and articles governing the armies of the United 
 States." 
 
 And any cadet or candidate for admission who shall re- 
 fuse to take this oath shall be dismissed from the service. 1 
 
 ration, location, and boundaries (both with respect to neighboring countries and lat- 
 itude and longitude) ; its adjacent oceans, seas, bays, gulfs, sounds, straits, and 
 islands ; its mountain ranges, their location and extent ; the sources, directions, and 
 terminations of the important rivers and their principal tributaries; the lakes, and 
 in short every geographical feature of the country as indicated above. The location 
 and termination of important railroad lines and other means of communication from 
 one part of the country to another should not be omitted. 
 
 The States and Territories are to be accurately located with respect to each other 
 by their boundaries, and as to their order along the Atlantic coast, the Gulf of Mexico, 
 the Pacific coast, the northern frontier, the Mexican frontier, and the Mississippi, 
 Missouri, and Ohio rivers. 
 
 The boundary and other large rivers of each State, as well as all other prominent 
 geographical features, should be known. 
 
 The names and locations of their capitals and other important cities and towns are 
 likewise to be known. 
 
 In short, the knowledge should be so complete that a clear mental picture of the 
 whole or any part of the United States is impressed on the mind of the candidate. 
 More weight, is attached to a knowledge of the geography of the United States than 
 to that of all other countries combined. 
 
 History. The candidate should make himself familiar with so much of the history 
 of the United States as is contained in the ordinary school histories. The examina- 
 tion may be written or oral, or partly written and partly oral, and will usually con- 
 sist of a series of questions similar to the following: 
 
 1. Name the earliest European settlements within the present limits of the United 
 States when, where, and by whom made. When did the settlements made by other 
 nations than the English come under the dominion of Great Britain and 'of the 
 United States ? 
 
 2. What was the difference between the royal, the chartered, and the proprietary 
 colonies? How many colonies were there originally in Massachusetts and Connecti- 
 cut? When were they united? How many in Pennsylvania? When were they 
 separated ? 
 
 3. In what wars were the colonies engaged before the Revolution? What were 
 the principal events and results of those of King William, Queen Anne, King George, 
 and the French and Indian ? 
 
 4. What were the remote and the immediate causes of the American Revolution ? 
 Explain the navigation act, stamp act, writs of assistance. When did the war of 
 the Revolution properly begin? When, where, and how did ic end? Give the par- 
 ticulars of Arnold's treason. Who were the most prominent generals in this war? 
 Name the most important battles and their results. 
 
 5. The Constitution of the United States why and when was it formed? When 
 was It adopted? 
 
 6. Give the names of the Presidents of the United States in their order. Give the 
 leading events of the Administration of each one; for example, that of 
 
 Washington: Indian war; trouble with France; Jay's treaty; the whisky rebel- 
 lion, etc. 
 
 Jefferson: War with Tripoli; purchase of Louisiana; the embargo, etc. 
 
 Madison: AVar of 1812; its causes; the principal battles on land and sea; pecul- 
 iarity of its last battle ; when ended, etc. 
 
 Monroe ; Indian war ; cession of Florida ; Missouri compromise, etc. 
 
 Jackson: Black Hawk and Seminole wars; the United States Bank; nullifica- 
 tion, etc. 
 
 Polk: The Mexican war; its causes; principal battles; results of it, etc. 
 
 Pierce : Repeal of Missouri compromise ; troubles in Kantjas, etc. 
 
 Buchanan: Civil war; how begun, etc. 
 
 Lincoln: War of the rebellion ; its causes; its results, social and political; explain 
 doctrine of State sovereignty; alienation between Northern and Southern States; 
 doctrine of secession; give account of principal battles. 
 
 Johnson: Fourteenth amendment; tenure of office bill; Johnson's impeachment. 
 
 Grant: Fifteenth amendment; Alabama claims and Treaty of Washington ; Elect- 
 oral Commission. 
 
 1 A person appointed to a position in the Army, either as a cadet or an officer, be- 
 comes a cadet or officer de facto when he accepts the appointment; but, in view of 
 the act of July 2, 1862 (12 Stat. L., 502), his pay can not commence until he takes the 
 oath of office. * When a candidate passes the examinations and enters upon the duties 
 of a cadet, he thereby accepts his appointment, and his service in the Army begins 
 for all purposes of longevity, but his pay can not commence until betakes the oath of 
 office required by law. (?> Dig. Compt. Dec., 231.) The requirements of section 1310, 
 of the Revised Statutes, that ''no person who has served in any capacity in the military 
 or naval service of the so-called Confederate States, or of either of the States in 
 insurrection during the late rebellion shall be appointed a cadet," were repealed by 
 the act of March 31, 1896 (29 Stat. L., 84), 
 
390 THE MILITARY LAWS OF THE UNITED STATES. 
 
 fo?se g rvfce ment 1108 ' EacQ cadet shall sign articles, with the consent of 
 Apr. ^, 1812, o.hj|j parents or guardian if he be a minor, and if any he 
 
 July 5,' i838,c.i62,' have, by which he shall engage to serve eight years unless 
 
 'sec. 1321, B.'S. sooner discharged. 
 Pay of cadets. 1109. Hereafter no cadet shall receive more than at the 
 
 22 J p n i23 3 ! ) M 8 a 8 r 2 'T' rate of five hundred and forty dollars a year. 1 
 
 1893,' v. 27, p. 5 is.' Sec. 1339, It. S. 
 
 Graduates to be mQ That when anv cadet of the United States Military 
 
 commissioned, <T 
 
 if competent, in Academv has gone through all its classes and received a 
 
 any arm or corps * 
 
 in which vacancy regular diploma from the academic staff, he may be pro- 
 TO be addi- moted and commissioned as a second lieutenant in any arm 
 
 tional second .-i.-in -i -i 
 
 lieutenants if no or corps of the Army in which there may be a vacancy and 
 v& May 17^886%. the duties of which he may have been judged competent to 
 24 sec?i2i3,B.s. perform ; and in case there shall not at the time be a vacancy 
 in such arm or corps, he may, at the discretion of the Pres- 
 ident, be promoted and commissioned in it as an additional 
 second lieutenant, with the usual pay and allowances of a 
 second lieutenant, until a vacancy shall happen. 2 Act of 
 May 17, 1886 (24 Stat. ., 50). 
 
 UH. Only one supernumerary officer shall be attached 
 eac\ e c a o t mp c any. to to any company at the same time under the provisions of 
 2, P V 72if Aug 2 '!,' the preceding section. 
 
 1854, v. 10, p. 575.' Sec.1215, R. S. 
 
 1112. That every cadet who has heretofore graduated or 
 
 ion. 
 
 f 
 
 gradation. may hereafter graduate at the West Point Military Acad- 
 
 24^p e . C 35 2 i' 1886 ' v * emy, and who has been or may hereafter be commissioned 
 a second lieutenant in the Army of the United States, 
 under the laws appointing such graduates to the Army, 
 shall be allowed full pay as second lieutenant from the date 
 of his graduation to the date of his acceptance of and qual- 
 ification under his commission and during his graduation 
 leave, in accordance with the uniform practice which has 
 prevailed since the establishment of the Military Academy. 
 Act of December 20, 1886 (24 Stat. L., 351). 
 
 cadet battai- 1113. The corps of cadets shall be arranged into com- 
 A r 29 1812 c P an i es ? according to the directions of the superintendent, 
 
 72, s.3, v.i p. 721 ; each of which shall be commanded by an officer of the 
 
 July 13, 1866, c. ___ _ _ 
 176, s. 6, v. 14, p. i ^ p ers on appointed to a position in the Army, either as a cadet or an officer, be- 
 iw> R comes a cadet or officer de facto when he accepts the appointment; but, in view of 
 K. B. tne act of Julv 2i J862 (12 Stat. L., 502), his pay can not commence until he takes the 
 oath of office. When a candidate passes the examinations and enters upon the duties 
 of a cadet, he thereby accepts his appointment, and his service in the Army begins 
 for all purposes of longevity, but his pay can not commence until he takes the oath of 
 office required by law. (3 Dig. Compt. Dec., 231.) The requirements of section 1310, 
 of the Revised Statutes, that ' ' no person who has served in any capacity in the military 
 or naval service of the so-called Confederate States, or of either of the States in 
 insurrection during the late rebellion shall be appointed a cadet," were repealed by 
 the act of March 31, 1896 (29 Stat. L., 84). 
 
 2 The requirement of section 3 of the act of June 18, 1878 (20 Stat. L., 150), "That 
 hereafter all vacancies in the grade of second lieutenant shall be filled by appoint- 
 ment from the graduates of the Military Academy so long as any such remain in 
 service unassigned ; and any vacancies thereafter remaining shall be filled by promo- 
 tion of meritorious non-commissioned officers of the Army, recommended under the 
 provisions of the next section of this act: Provided. That all vacancies remaining, 
 after exhausting the two classes named, may be filled by appointment of persons in 
 civil life, " was repealed by section 5 of the act of July 30, 1892 (27 Stat. L ., 336) . See 
 chapter entitled COMMISSIONED OFFICERS. 
 
THE MILITARY LAWS OF THE UNITED STATES. 391 
 
 Army, for the purpose of military instruction. To each 
 Company shall be added four musicians. The cotps shall 
 be taught and trained in all the duties of a private soldier, 
 non-commissioned officer, and officer, shall be encamped at 
 least three months in each year, and shall be taught anc*. 
 trained in all the duties incident to a regular camp. 
 
 1114. Cadets shall be subject at all times to do duty where to do 
 
 in such places and on such service as the President may dl ffii'r. ie, 1802, c. 
 , . , 9, s. 27, v. 2. p.m. 
 
 direct. Sec.l323,R.S. 
 
 1115. The Secretary of War shall so arrange the course NO studios on 
 of studies at the Academy, that the cadets shall not be re- Tula's, ISTO, c. 
 
 ,' , ,, . ,. 294, s.' 21, v. 16. p. 
 
 quired to pursue their studies on Sunday. 319. 
 
 Sec. 13-24, U.S. 
 
 1116. No cadet who is reported as deficient, in either con- de * ) 8 eficient ca ' 
 duct or studies, and recommended to be discharged from Aug. 3, i86i, c. 
 the Academy, shall, unless upon recommendation of the 288. 8 ' 
 academic board, be returned or re-appointed, or appointed 
 
 to any place in the Army before his class shall have left 
 the Academy and received their commissions. 1 
 
 1117. Hereafter any cadet dismissed for hazing shall not Hazing; pen- 
 be eligible to reappointment. 2 Act of March 31 , 1884 (2S & ^- si, ISM, 
 8tat. L., 7). 
 
 COURTS-MARTIAL. 
 
 1118. The superintendent of the Military Academy shall Courts-martial 
 
 , , . . , . , . . , for trial of ca- 
 
 have power to convene general courts martial for the trial dots. 
 
 of cadets, and to execute the sentences of such courts, ex- 270, v. IT,'P. 604. ' 
 
 cept the sentences of suspension and dismission, subject to 
 
 the same limitations and conditions now existing as to 
 
 other general courts-martial. 3 
 
 1 Where a cadet was, by order of the Secretary of War, on the recommendation of 
 the Academic Board, discharged from the Military Academy for deficiency in studies : 
 Held, (1) that the order of discharge, having been completely executed, is beyond the 
 power of revocation ; (2) that section 1325, Revised Statutes, prohibits the returning 
 or reappointing of the cadet to the Academy, except upon the recommendation of 
 the Academic Board; (3) that Congress may thus limit or restrict the authority of 
 the President to appoint cadets; (4) that accordingly it is not competent for the 
 President to revoke the said order or to restore the cadet to the Academy, irrespec- 
 tive of the recommendation of the Academic Board. (17 Opin. Att. Gen., 67.) 
 
 2 In a case arising at the Naval Academy, under the act of June 23, 1874, it was 
 held by the Attorney- General (18 Opin. Att. Gen., 292) that the offense of hazing, not 
 being an offense at the common law, and not being denned by statute, the definition 
 of the offense must be gleaned from the rules and regulations of the Naval Academy 
 that were in force at the date of the passage of the act in question. It was also held 
 "that, to constitute the offense of hazing under the statute, it is essential that the 
 victim of the maltreatment should be a new cadet of the fourth class." 
 
 Where a cadet entered the Naval Academy and became a member of the fourth 
 class in 1885, and also remained a member of the same class in 1886, he is at the latter 
 period as much an " older cadet" within the definition of the offense of "hazing" as 
 a cadet who, having entered the Academy at the same time (1885), has since oeen 
 advan ed to a higher class, and (equally with the latter) is capable of committing 
 that offense. (18 Opin. Att. Gen., 507.) 
 
 3 The undergraduate cadets are not commissioned officers, and are, therefore, not 
 competent to sit on a court-martial, and are triable by a regimental or garrison 
 court-martial. (7 Opin. Att. Gen., 323.) In their internal academic organization as 
 officers, noncommissioned officers, and privates, they are not subject to the Articles 
 of War as respects their relation to one another,, but only as respects their relation 
 to commissioned officers of the Army, on duty as such at the Academy. (Ibid.) 
 
 Cadets are amenable to trial by couit-martial for Violations of the regulations of 
 the Academy, as "conduct to the prejudice of good order and military discipline." 
 (Dig. J. A. Gen., 210, par. 8.) 
 
 ACADEMIC REGULATIONS. 
 
 The regulations of the Military Academy may be altered by the Secretary of War 
 with the approbation of the President. . (1 Opin. Att. Gen., 469.) 
 
392 THE MILITARY LAWS OF THE UNITED STATES. 
 
 THE BOARD OF VISITORS. 
 
 Board of visit- H19. There shall be appointed every year, in the follow- 
 Aug. s, 1848, c. ing manner, a board of visitors, to attend the annual ex- 
 
 96, s. 2, v. 9, p. 71 ; 
 
 Mar. 16, 1868, c. amination of the Academy: Seven persons shall be ap- 
 Feb." 1 ^ i? 1870,' 4 'c! pointed by the President, and two Senators and three 
 18 seo!io2V! 7 R. s. members of the House of Representatives shall be desig- 
 nated as visitors, by the Vice-President, or President pro 
 tempore of the Senate, and the Speaker of the House of 
 Representatives, respectively, at the session of Congress 
 next preceding such examination. 
 
 Duties of visit- 1120. It shall be the duty of the board of visitors to iu- 
 A'US. 8, 1848, c. quire into the actual state of the discipline, instruction, 
 
 96, s. 2, v. 9. p. 71 ; M 
 
 Feb. 21, i87o, c. police administration, fiscal affairs, and other concerns of 
 sec. 1328, R.S. the Academy. The visitors appointed by the President 
 shall report thereon to the Secretary of War, for the infor- 
 mation of Congress, at the commencement of the session 
 next succeeding such examination, and the Senators and 
 Eepresentatives designated as visitors shall report to Con- 
 gress, within twenty days after the meeting of the session 
 next succeeding the time of their appointment, their action 
 as such visitors, with their views and recommendations 
 concerning the Academy. 
 corapensatioTi. 1121, No compensation shall be made to the members of 
 
 96, s. 2,'v.'9, p. 7i " said board beyond the payment of their expenses l for board 
 
 JTeb.2 1,1870,0.18, _ _ _ ' J . 
 
 v.ie, p. 67; Mar. and lodging while at the Academv, and an allowance, not 
 
 3, 1877, c. 109, v. . 
 
 19, p. 382. exceeding eight cents a mile, for traveling by the shortest 
 
 'mail-route from their respective homes to the Academy, 
 
 and thence to their homes. 2 
 compensation. 1122. Hereafter the expenses allowed by section thirteen 
 
 v. 20, p. no. ' hundred and twenty-nine of the Revised Statutes shall be 
 paid as follows : each member of the Board of Visitors shall 
 receive not exceeding eight cents per mile for each mile 
 traveled by the most direct route from his residence to 
 West Point and return, and shall in addition receive five 
 dollars per day for expenses during each day of his service 
 at West Point. 2 Act of June 11, 1878 (20 Stat. L., 110). 
 
 MISCELLANEOUS PROVISIONS. 
 
 ence* ve9 f ab " H23- Leave of absence may be granted by the superin- 
 E( J 8 Ul 67 2 v i3 864 ' t en( lent, under regulations prescribed by the Secretary of 
 4i6.' 'War, to the professors, assistant professors, instructors, 
 
 Sec. 1330, R.S. ' _ 
 
 1 The amount payable under this paragraph for expenses is, by the act of June 11 
 1878 (par. 1122, post), limited to $5 per day. 
 
 2 Under section 1339 of the Revised Statutes, as amended by the acts of March 3, 
 1877 (19 Stat. L., 382), and June 11, 1878 (20 Stat, L., 110), the mileage of the Board of 
 Visitors must be computed by "the most direct route" from their respective homes 
 to West Point and return, and not by the "shortest mail route." (3 Dig. Compt. 
 Dec., 216.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 393 
 
 and other officers of the Academy, for the entire period of 
 the suspension of the ordinary academic studies, without 
 deduction from pay or allowances. 
 
 1124. The Secretary of the Senate shall furnish annually , Concession ai 
 
 J * documents to 
 
 to the library of the Academy one copy of each document library. 
 
 Apr. 23, 1856, c. 
 
 published, during the preceding year, by the Senate. 19, s. 3, v. 11, P . 5. 
 
 1125. The libraries of the eight Executive Departments, Government 
 of the United States Military Academy, and United States ^ec^j^n. 12, 
 
 ~ T , , , , , ... j , , , , . 1895, v. 28, p. 624. 
 
 Naval Academy are hereby constituted designated deposi- 
 tories of Government publications, and the superintendent 
 of documents shall supply one copy of said publications, in 
 the same form as supplied to other depositories, to each of 
 said libraries. Sec. 98, act of January 12, 1895 (28 Stat. 
 L., 624}. 
 
 1126. For increase and expense of the library, namely: Purchases for 
 For periodicals, stationery, binding books, and scientific, * MaTe, 1896, v. 
 historical, biographical, and general literature, to be pur- ?9 ' p ' 5 
 chased in open market on the written order of the Superin- 
 tendent, [two thousand dollars]. 1 Act of March 6, 1896 (29 
 
 8tat. L., 52). 
 
 1127. That all technical and scientific supplies for the Purchases of 
 departments of instruction of the Military Academy shall technical sup- 
 be purchased by contract or otherwise, as the Secretary of p Mar.6, 1896, v. 
 War may deem best. 1 Act of March 6, 1896 (29 Stat. 29 ' p ' 52 ' 
 L.,52). 
 
 J The annual acts of appropriation since that of May 1, 1888 (25 Stat.L., 112) have 
 contained this provision. 
 
 CLERKS AND EMPLOYEES. 
 
 The employment of clerical and other services is regulated by the annual acts of 
 appropriation. That of March 6, 1896, contains provifion 
 
 For pay of the master of the sword, one thousand five hundred dollars ; (a) 
 
 For pay of one teacher of music, one thousand and eighty dollars ; (a) 
 
 For clerk to the disbursing officer and quartermaster, one thousand five hundred 
 dollars ; 
 
 For clerk to adjutant in charge of cadet records, one thousand five hundred 
 dollars ; 
 
 For one clerk to the adjutant, one thousand dollars ; 
 
 For clerk to treasurer, one thousand five hundred dollars ; 
 
 For one clerk to the quartermaster, one thousand dollars; 
 
 For pay of librarian's assistant, one thousand two hundred dollars; 
 
 For pay of one superintendent of gas works, one thousand five hundred dollars; 
 
 For pay of engineer of heating and ventilating apparatus for the academic huild- 
 ing, the cadet barracks and office building, cadet hospital, chapel, and philosophical 
 huilding, including the library, one thousand five hundred dollars; 
 
 For pay of assistant engineer of same, one thousand dollars; 
 
 For pay of eight firemen, four thousand eight hundred dollars ; 
 
 For pay of one draftsman in department of civil and military engineering, one 
 thousand dollars; 
 
 For pay of mechanic employed in chemical and geological section rooms and in 
 lecture rooms, one thousand dollars ; 
 
 For pay of mechanic assistant in department of natural and experimental philoso- 
 phy, one thousand dollars; 
 
 For pay of custodian of new Academy huilding, one thousand dollars ; 
 
 For pay of one electrician, nine hundred dollars; 
 
 For pay of one civilian plumber, nine hundred dollars; 
 
 For pay of one scavenger, at sixty dollars a month, seven hundred and twenty 
 dollars ; 
 
 For compensation of chapel organist, two hundred dollars ; 
 
 In all, for civilians employed at the Military Academy, twenty-five thousand eight 
 hundred dollars. 
 
 a Th is salary is fixed by law. See paragraph 1101, supra. 
 
.'V.I I TIIK MIUTAKV LAWS <>!' TIIK MMTI'.I) STATUS. 
 
 ^ " n(l "" 1 | ' ',',' 1128. l<'or contingencies lor Superintendent of I he Acad 
 ttj cm\ . <>ne thousand dollars. 1 Art of March '/, !*!>< 
 
 ISlfir, 0, lHlWi ( v. 
 
 , , ( . 
 
 ..... II .S'M/. /... 
 
 1 "' 1129. Tim! all funds arising from I he rent of I In- hold on 
 1 ',, 1HH N l j; | N I .- Acadcmx grounds, and other incidental sources, from and 
 r, ST, p! after this date be, and air hereby, made a special con 
 
 , 
 | 
 
 lin^cnt fund, lo be expended under the supervision of the 
 Superintendent of I he Academy, and thai he be required 
 to arronnt lor the same, annually, aeeompamed by proper 
 Vouchers lo I lie Seerefary of War. Act of Mtti/ /, 1888 
 Xt<il. I.., //-.'). rroriilwl, That all pi'oeeeds of (he sale 
 of #as sliall be, paid into (he post Innd. Act of March /, 
 1893 (27 Mat. /,., r>x<)). 
 
 Mil II MM \CADKMV MAND. 
 
 Hflitnn \' -I 1130. Tliere shall be retained or enlisted in the Army one 
 
 "xr.'.'i'm. K.S. band, \vhieh shall eonsist, of one l);uid hauler, and not more 
 
 I han t\v-n<y lour musicians, and sliall ordinarily be sta- 
 
 tionetl at the Military Academy. 
 
 .r,;,;,.". 1 ,, 1 ',;';!;', 1131. The lea.lerof the band stationed at the Military 
 \ ' N j ^ Acadein\ shall i'<M-eive ninety dollars a month. 1 
 
 I-J7S,H.S. 
 
 OompottttM of 1132. That the Military Academy band sliall consist of 
 BM',!, Mar :i, one teacher o!' music, who shall be leader of the band, for 
 the lineal \ear ending .lune thirtieth, eighteen hundred and 
 se\enl\ ei^ht, and may be a civilian, and of twenty four 
 enlisted musicians of tin 1 band. A>Vr. '.', act of March ..', t8D 
 (IH ,S7/f/. /,., -V.SYJ). 
 
 i'i, y ,,n,..ii.,i 1133. That the tcaclicr of music shall receive ninety dol 
 UT7, T,il,p.l IftK per month,' om> ration, and the allowance of tuel of a 
 second lieutenant of the Army; and that of the enlisted 
 musicians of the band six shall each be paid thirty-four 
 
 1 \ n \ .ippiiipi 1. 1 1 M.II l.u roiltlliiM-ncic i Inr t lie Sll|M'rilltt>li(li'llt ()!' tlir M ililarv \r;nl 
 <-in\ IM iiviiiliildr lor Niirli OMUUeXp6BtM us jiro nrj-cHsnrv, or at IOIIH) ai)prt|>riiili 
 
 Mill) full\ cllli III in utili-i I.- tin- p. I I.. I Mi. ill.'. nl liic .lull.-. I.,|IUI.-.I Ii\ l.l\\ (if ill.' 
 
 Siipn iiilfiiilriil. " * I'lir . . rl ilu-ali- nl Ilio Siipfriiilfiiilciit, as In I ln> rnrn-cl 
 
 nrHH and ,|UMint>ss of rxpi-miii UIVM iVoni tho Appruprlatlun tor continc^uoies for said 
 
 Superintendent IM:I\ In- ;u. rpli il m llM-ailjn -liiu<nl anil Hcttlcini'lit i>T M ilil.il 
 
 riii\ a.-i-nuiilH (It bi^ <'oinpl Per '.Ml'. I I'lm pru\ isuui has IICIMI i vp. :it .'(I illlht* 
 
 annual ApprOprfatlOD ftOUfrOm thlltOf lM-lruai\ -.' ISC.'.i. In thai ..I Mun-liO, 1SSC,, \\illi 
 
 the exception of iimm- II.H.I \H-HNI; 1878, to uuinary x7, 1M1. 
 
 M\p^nililuri'-< (in- tin- Mii|ip..il ,.| (In- Mihlar\ Vciiilciu y nnisl l.i> hinil.Ml lo tln> 
 ninoiints apprnpi ialcil in I lir a. IM I'm- I In- snp|mrl ol I In- \i'adi'in\ . unless a i-onl rarv 
 inupiiMi- on III.- p. n I ul Conurt-MM !. M l\ ap]>rais in ilx legislation. (' Wg.Compf. 
 I N 'Jl ) 
 
 Nn-cMsan rxpciiMrH at tin- niililai \ pnsl til Wi-Ml I'oinl, nnl'pi-iiili-nl ..I Us n-lation 
 In I lir M ilit. n \ \, -a.li'in\ . nut proviilnl l.n in . \ |ii. . I. i MI - orl>\ in'crssarv iiupli 
 i .il i. >n, in Hi.' aft M m a Km;; apprnpi i:il nm < l.u I ho support <il I In- M ililarv \.'.ulrni\ , 
 air piop.Mlv rli.u ., al.lr In I l,r appl npii.i I lull availalilr lor IlUr rxprns.-sat ol hi r 
 iMil.laix p.i.ls. Cl llii,| ,216 
 
 \ u appropi i. .ti. ui l.u imiliii". n, ir . l.ir I ho Sujiri in I .-li.li-li I .>C I hr Military Arad 
 run it an apprnpi ial nni Inr pin posrs nl'a run I in-.rnl rharailri; that is. siirli ;IH 
 might Of might DO! liappon, ami Which CongreMH COUld not easily lor.<srr. anil Ihrrr 
 l.-lr . ...ll.l II, it pi-ox ji|<< I,., .Irlillllrly. (\\ \ hill ., 'J 1C.. ) 
 
 '< Hut nt'o paragraph IliCt, posl, Im ..| hrr alln\\ anrrs of I his nlli, rr. 
 
 "Thr annual a. t . .'I apprnprial ion, sun r I ha I ..I l-'rliinary IS, 1ST I ( If, Slut . 1 ,. . 1 1 I) 
 have rniilainr.l provisions i'or I hr roinprlisat ion ol I lit- fhaprl m ".nil I at I hr i air of 
 t'.!00 prr annum 
 
THE MILITARY LAWS OP THE UKlTEl) STATED. 
 
 dollars per month; six shall ouch be paid twenty dollars 
 per month; and the remaining twelve shall each be paid 
 seventeen dollars per month; and that the enlisted musi- 
 cians of the band shall have (he benefits as lo pa\ arising 
 from re enlistments and length of service applicable to 
 other enlist od men of (he Army. AVr. .Y, /7m/. 
 
 (JKNKItAL AK.MV SIORVK'M AIKN, < V H A ItTKIMYI ASTKIt'S DK 
 I'AltTMKNT. 
 
 1134. That the enlisted men known as the artillery do- C.MHMUI Army 
 
 tachmont at West Point shall bo mustered out of the serv - '"'' 
 
 ice as artillery men and immediately re enlisted as Army"*'' 1 '' 
 servicemen in the < A >u a rterm aster's Department, continu- 
 ini; to perform the same duties and to have the. same pay, 
 allowances, rights and privileges, and subject to I he rules, 
 regulations and laws in the same manner as if I heir service 
 had been emit mnous in the artillery, and their .said service 
 shall bo considered and declared to bo continuous in the 
 Army. Art of ,lun<' :.><>, IWH) (M Mat. /,-., Hi';). 
 
 1135. That tho detachments of enlisled men at the IMili . ((1 .!: il i i ;; 1 ll lt of 
 lary Academy, hcrelofore designated as the (ieneral A rmy .,;'','," ;,!,J' lm>r>1 Vl 
 Service, Quartermaster's Department, and the cavalry de 
 tachmont, shall be li\e<l at such nnmboi's, not exceeding 
 two hundred and fifteen enlisted men in both detachments, 
 as in (he opinion of the- Secretary of War tho necessities of 
 the public, service may from time to time require; but. the 
 number of enlisted men of the Army shall not be increased 
 on account, of this proviso or the two preceding paragraphs 
 of this Act. 1 Act of,lnn<- Id, /.s'/y.i ( -.'.s- Mat. L., 6V.W). 
 
 1136. Tlie non commissioned officer in c,har^e of me i'\ -r 
 chauics and other labor ai the Military Academy, the sol- ' <n Apr.V"iiHRfl.. 
 dier ac.tin^ as clerk in t.lu^ a(lju(a,n('s office, and tho four ' s^.'iaiiliJlN. 
 o.nlist<Ml men in the philosophical and chemical depart 
 
 incuts and lithographic oflice, shall receive fifty dollars a 
 year addil ional pay.' 
 
 1137. That the. nature of alcoholic, drinks and narcotics, Slmlv " rHlt ' ( ' tw 
 
 ' of ill v. oho 1 1<! 
 
 mid special instruction as to their etlocts upon the human (lli ! lkM "' 1 '"* 
 
 COtlc.H . 
 
 system, in connection with the several divisions of the sub ( MH.V 20, IKHO.V. 
 ject of physiology and hygiene, shall be included in the 
 
 Tlu> act, ..(' .hilv '.'<', IH1M (2H Sli.l. I,., I. r .. r .), r.uiilrm<il authority upon tho Smvlai y 
 
 rWjir I,, MM .-,-;, in. - ..|,-,.|, : ..||, ul tin;., |, hirhiiii-nl. to 0110 liiimlnMl iinil liliy ini-ii. 
 
 net, ..I M;i.vli ;, is-.ir, c..i Slal, I... IH), |ix,<H t lie Mln'.i-l I. ..I th. rjiv.-ilry ili<t,ar'limriif. 
 
 : On.- Hi-si MIM-I-:III|-. liv.-.-H r-r!iiit.s, Tour <-orporalM, two rurrirrN. unrHiulilh 
 r, .iii.l lift y l\\> |.i'i \ : 
 of March (>, 1H!C, ('J'.) 
 l 1:1 1 1 ii I y pay to Hm m 
 6y SO appropnated ihall ! 
 
 . 
 oin- \M^oiirr, .iii.l lift y l\\> |.i'i \ :i I.-M. 
 
 v 'l'hr act of March (>, 1H!C, ('J'.) St:il, L., -1H), coiitaiiiM an a.pi.ropi i.il u.n fur tin- puy- 
 incnl of c\l 1:1 1 1 ii I y pay to Hm mliTM rn listed IIP n willi I I in pn>\ JMU I li:il IIUIH- <>f I In-. 
 mOH6y SO appropnated ihall ! paid l<> any cnliHtcd man who roroivrs extra lut,y 
 nay UIldoroxiHlin^ lawn or Ariny l.'i-" nlal iuns. 'I'lit* iicln of .1 uno 1!(), IH90 (20 Star. 
 I,..' 1(17), Man I, -.', IK'.U C'C, Slal. l'.., Kl'O), .Inl.y 14. IWCJ (''V Slat, I,., 171), March I, IWW 
 (U7 St.at,. l,. i r 1 JO),.lulv :;, IK'.il <::n Slal.. I,.,' l. r >. r )), and .lainiary l, IHUf) (W Sl.at. I-., 
 
 i(J31), i oiaiu aimilur FMtriotionB. 
 
396 THE MILITARY LAWS OF THE UNITED STATES. 
 
 branches of study taught in the common or public schools, 
 and in the Military and Naval Schools, and shall be studied 
 and taught as thoroughly and in the same manner as other 
 like required branches are in said schools, by the use of 
 text-books in the hands of pupils where other branches are 
 thus studied in said schools, and by all pupils in all said 
 schools throughout the Territories, in the Military and 
 Naval Academies of the United States, and in the District 
 of Columbia, and in all Indian and colored schools in the 
 Territories of the United States. Act of May 20, 1886 (24 
 Stat. L., 69}. 
 Enforcement. 1138. That it shall be the duty of the proper officers in 
 
 Sec 2 May 20. J 
 
 1886, v. 24, p 69 control of any school described in the foregoing section to 
 enforce the provisions of this act; and any such officer, 
 school director, committee, superintendent, or teacher who 
 shall refuse or neglect to comply with the requirements of 
 this act, or shall neglect or fail to make proper provisions 
 for the instruction required and in the manner specified by 
 the first section of this act, for all pupils in each and every 
 school under his jurisdiction, shall be removed from office, 
 and the vacancy filled as in other cases. Sec. 2, act of May 
 20, 1886 (24 Stat. L., 69). 
 
 THE CULLUM BEQUEST. 
 
 Preamble. 1139. Whereas George W. Cullum, colonel of the Corps 
 
 of Engineers on the retired list, brevet major-general 
 United States Army, a resident of the city of New York, 
 lately deceased, did, by his last will and testament, give 
 and bequeath to the United States the sum of two hun- 
 dred and fifty thousand dollars upon the terms and condi- 
 tions that the United States shall build and maintain, 
 in accordance with certain stipulations, upon the public 
 grounds at West Point, New York, a fire-proof memorial 
 hall for certain designated purposes hereinafter specified: 
 Therefore, 
 
 Military Acad- Be it enacted by the Senate and House of Representatives 
 Acceptance of of the United States of America in Congress assembled, That 
 G. q w. s cnii\im for the said bequest be, and the same hereby is, accepted by 
 a11 ' the United States under the terms and conditions thereto 
 annexed by the said testator in his said last will and testa- 
 ment; the said sum of two hundred and fifty thousand 
 dollars to be paid into the Treasury of the United States, 
 subject to the disposition hereinafter to be made of the 
 same and for the faithful execution of the objects and pur- 
 poses of said bequest according to the will of the donor. 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 397 
 
 SEC. 2. That the Superintendent of the United States te f 8 oard of tru8 - 
 Military Academy, three other members of the academic 
 board, and Major-General James B. Fry, during his life- 
 time, be, and they are, constituted a board, by the name 
 of "The Board of Trustees of the Memorial Hall of the 
 United States Military Academy," whose duty it shall be Duties - 
 to erect the said memorial hall according to the provisions ' 
 of the will of the testator, and on completion thereof to 
 transfer the same to the United States for perpetual use 
 as a memorial hall, to be devoted to the objects and pur- 
 poses as denned in the said will. And the members of 
 the said board of trustees, to be selected as aforesaid, 
 shall be appointed, immediately upon the passage of this 
 act, by the Secretary of War, from members of the aca- 
 demic board of the said academy who are graduates thereof. 
 And in the event of any vacancy occurring in the said vacancies, 
 board of trustees, either by the death or inability to serve 
 of Major-General James B. Fry, or by the death or vaca- 
 tion of office of any member thereof who was appointed 
 by selection from the members of the said academic board, 
 the Secretary of War shall in each case, and from time to 
 time as often as vacancies occur, fill such vacancy by the 
 appointment of a member of the said academic board, who 
 shall be a graduate of the said Military Academy, in the 
 same manner as provided for the original appointments. 
 
 SEC. 3. That when the said sum of two hundred and fifty 
 thousand dollars shall have been paid into the Treasury 
 of the United States the whole sum shall be, and hereby is, 
 appropriated for the erection of a suitable structure for 
 the purposes of a memorial hall at West Point, New York, 
 upon such site at West Point, New York, as the board of 
 trustees herein created shall recommend and the Secretary 
 of War approve. 
 
 SEC. 4. That the said board of trustees shall, as soon as m . p j ans to be 8Ub - 
 practicable after the funds appropriated for building pur- of trustees, 
 poses in the preceding section shall have become available, 
 determine, by a majority of the whole number of its mem- 
 bers, upon a plan and specifications for a building to be 
 erected corresponding to and in accordance with the terms 
 and conditions of the aforesaid bequest, and submit the 
 same to the Secretary of War for his approval, who on Approval by 
 
 Secretary of War. 
 
 behalf of the United States shall then cause a contract to 
 be let, in the same manner as other contracts to which the 
 United States is a party, for the erection of said building, 
 under the direction of the said board of trustees. 
 
 Erection 
 building. 
 
 of 
 
398 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Use of funds. g E c. 5. That the funds appropriated in this act shall be 
 drawn from the Treasury as required by section thirty-six 
 hundred and seventy- three, Eevised Statutes of the United 
 States, in the case of moneys appropriated for the use of 
 the War Department. And the said board of trustees 
 shall submit to the Secretary of War estimates for Ms 
 approval, which shall form the basis of his requisition- 
 The funds so drawn shall be disbursed, under the direction) 
 of the Secretary of War, by the disbursing officer of the; 
 United States Military Academy, upon vouchers certi- 
 fied to by the president and secretary of the said board 
 of trustees for and in behalf of said board, and shall be 
 accounted for by the said disbursing officer in the same 
 manner and under the same conditions as other public 
 
 Proviso. funds of the United States: Provided. That the authority 
 
 Approval of 
 
 secretary of war of the Secretary of War for any expenditure under the 
 
 sees, 1-5, July provisions of this act shall be conclusive evidence of the 
 
 23^ 1892, v. 27, p. legalitv t h ereo Sections 1-5, act of July 23, 1892 (27 8fat. 
 
 L., 262). 
 
 1 1140. That the memorial hall to be erected under the 
 provisions of this act shall be a receptacle of statues,, 
 busts, mural tablets, and portraits of distinguished andl 
 deceased officers and graduates of the Military Academy, 
 of paintings of battle scenes, trophies of war, and such 
 other objects as may tend to give elevation to the military 
 profession; and to prevent the introduction of unworthy 
 subjects into this hall the selection of each shall be made 
 by not less than two-thirds of the members of the entire 
 academic board of the United States Military Academy, 
 the vote being taken by ayes and nays and to be so 
 recorded. Sec. 6, ibid. 
 
 Purpose of thi 
 memorial hall. 
 Sec. 6, ibid. 
 
 THE SERVICE SCHOOLS. 
 
 Par. 
 
 1141. The Engineer Depot at Wil- 
 
 lets Point, N. Y. 
 
 1142. The Artillery School at For- 
 
 tress Monroe, Va. 
 
 Par. 
 
 1143. The Infantry and Cavalry 
 
 School at Fort Leaveii- 
 worth, Kans. 
 
 1144. The Cavalry and Light Ar- 
 
 tillery School at Fort 
 Riley, Kans. 
 
 THE ENGINEER DEPOT AT WILLETS POINT, N. Y. 
 
 i'he Engineer 1141. Engineer depot at Willet's Point, New York : Inci- 
 
 Depot at Willets , 
 
 Pomt, N. Y. dental expenses of the depot: For purchase of materials 
 ' for the instruction of engineer troops at Willets 7 Point in 
 their special duties of sappers, miners, for land and subma- 
 rine mines, and pontoneers, torpedo drill and signaling, one 
 
THE MILITARY LAWS OP THE UNITED STATES. 399 
 
 thousand five hundred dollars; library of the Engineer 
 School of Application: purchase and binding of profes- 
 sional works of recent date treating of military and civil 
 engineering, five hundred dollars $ in all, fifteen thousand 
 five hundred dollars. 1 Act of September 22, 1888 (25 Stat. 
 ., 487}. 
 
 THE ARTILLERY SCHOOL AT FORTRESS MONROE, VA. 
 
 1142. To provide for means of instruction, such as text- The Artillery 
 
 . School at For- 
 
 books, instruments, drawing materials, and stationery tress Monroe, va. 
 
 . . June 11. 1896, 
 
 required m the courses of artillery, engineering, law, and v. 29, P . 444 
 the science and art of war, and for other necessary 
 expenses of the school, five thousand dollars. 2 Act of 
 June 11, 1896 (29 Stat. L., 444). 
 
 THE INFANTRY AND CAVALRY SCHOOL AT FORT LEAVENWORTH, KANS. 
 
 1143. For text-books, books of reference, instruments 
 and materials for use in theoretical and practical Uistrpo- 
 
 tion, one thousand five hundred dollars. 3 Act of June 11. , 
 
 7 June II, 1896, 
 
 1896 (29 Stat. ., 444). v.29, P .444. 
 
 THE CAVALRY AND LIGHT ARTILLERY SCHOOL AT FORT RILEY, KANS. 
 
 1144. That the Secretary of War be, and he is hereby, 
 authorized and directed to establish upon the military res - Auction 
 ervatioii at Fort Riley a permanent school of instruction listed at Fort 
 
 ^ A Kane. 
 
 t , 
 
 for drill and practice for the cavalry and light artillery Jan. 29, 
 service of the Army of the United States, and which shall V ' 
 be the depot to which all recruits for such service shall be 
 
 'The engineer depot was established by executive order, but has been recognized 
 in the several acts of appropriation. See acts of March 3, 1871 (16 Stat. L., 523) ; 
 March 3, 1873 (17 Stat. L., 546) ; June 16, 1874 (18 Stat. L., 74) ; July 24, 1876 (19 Stat. 
 L., 100); March 3, 1878 (20 Stat. L., 32); March 3, 1879 (ibid., 467), May 4, 1880 (21 
 Stat. L., 13) ; February 24, 1881 (ibid., 349) ; June 30, 1882 (22 Stat. L., 121) ; March 3, 
 1883 (ibid., 459); July 5, 1884 (23 Stat. L., 112); March 3, 1885 (ibid., 434); June 30, 
 1886 (24 Stat. L., 98) , February 9, 1887 (ibid., 400) ; September 22, 1888 (25 Stat. L., 487) ; 
 March 2, 1889 (ibid., 832) ; June 13, 1890 (26 Stat. L., 155) ; February 24, 1891 (ibid., 
 778); July 16, 1892 (27 Stat. L., 181); February 29, 1893 (ibid., 485); August 6, 1894 
 (28 Stat. L., 241) ; February 12, 1895 (ibid., 662), and March 16, 1896 (29 Stat. L., 67). 
 
 ir L'he Artillery School was established at Fortress Monroe, Va., in pursuance of 
 General Orders, No. 18, Adjutant-General's Office, of April 5, 1824. It ceased toexist, 
 in 1835, by reason of the transfer of the troops composing the school to other duties. 
 It was reestablished by General Orders, No. 9, Adjutant-General's Office, of October 
 30, 1856. A code of regulations and plan of instruction was approved by the Secre- 
 tary of War arid published to the Army in General Orders, No. 5, Adjutant-General's 
 Office, of May 18, 1858. The school was again discontinued at the outbreak of the 
 war of the rebellion in 1861. It was again organized on its present foundation by 
 General Orders, No. 99, Adjutant-General's Office, of November 13, 1867. Although 
 not created by statute, its existence has been recognized and the courses of study 
 pursued have been sanctioned by Congress in several acts of appropriation. See 
 acts of June 20, 1878 (20 Stat. L./223) : March 3, 1879 (ibid.. 389) ; March 3, 1881 (21 
 Stat. L., 445) ; August 7, 1882 (22 Stat. L., 320) ; March 3, 1883 (ibid., 618) ; July 7, 1884 
 (23 Stat. L., 222) : March 3. 1885 (ibid., 510) ; August 4, 1886 (24 Stat. L., 251) ; October 
 2, 1888 (25 Stat. L., 540); March 2, 1889 (ibid., 971); August 30, 1890 (26 Stat. L,, 402) ; 
 March 3, 191 (ibid., 979) ; August 5, 1892 (27 Stat. L., 379) ; March 3, 1893 (ibjd., 601} 
 August 18, 1894(28 Stat. L., 406); Mar. 2, 1895 (ibid., 951), and June 11, 1896 (29 Stat, 
 L., 444). 
 
 : The Infantry and Cavalry School was established at Fort Leavenworth, Kans., in 
 pursuance of General Orders, No. 42, Adjutant-General's Office, of May 7, 1881. 
 Although not created by statute, its existence has been recognized by Congress in, 
 several acts of appropriation. See acts of March 2, 1889 (25 Stat. L., 966); August 
 30, 1890 (26 Stat. L., 462) ; March 3, 1891 (ibid., 979) ; August 5, 1892 (27 Stat. L., 379): 
 March 3, 1893 (ibid., 601) ; August 18, 1894 (28 Stat, L., 400) ; March 2, 1895 (ibid., 951), 
 and June 11, 1896 (29 Stat. L., 444), 
 
400 THE MILITARY LAWS OF THE UNTIED STATES. 
 
 sent; and for the purpose 01 construction of such quarters, 
 barracks, and stables as may be required to carry into 
 effect the purposes of this act the sum of two hundred 
 thousand dollars, or so much thereof as may be necessary, 
 is hereby appropriated out of any money in the Treasury 
 not otherwise appropriated. 1 Act of January 29, 1887 (24 
 Stat. L., 372}. 
 
 1 The Cavalry and Light Artillery School was established in pursuance of the act 
 of January 2D, 1887, by General Orders, No 17, Adjutant-General's Office, oi'March 14, 
 1882. See also in connection with this school the acts of October 2. 1888 (25 Stat. L., 
 534), and March 2, 1889 (ibid., 966). 
 
CHAPTER XXXI. 
 
 CONTBACTS AND PUECHASES. 
 
 GENERAL PROVISIONS. 
 
 Par. 
 
 1145. Contracts for military serv- 
 
 ice to be made under direc- 
 tion of Secretary of War. 
 
 1146. Unauthorized contracts pro- 
 
 hibited. 
 
 1147. No contract to exceed ap- 
 
 propriation. 
 
 1148. Purchases of land. 
 
 1149. Sites for buildings. 
 
 Par. 
 
 1150. Acceptance of voluntary 
 
 service prohibited ; ex- 
 ceptions. 
 
 1151. Contracts and purchases, 
 
 how made; advertising; 
 public exigencies. 
 
 1152. Supplies for Executive De- 
 
 partments. 
 
 1153. The same. 
 
 1145. All purchases and contracts for supplies or serv- Contracts for 
 
 _ , ., , , , the military serv- 
 
 ices for the military and naval service shall be made by or ice to be made 
 
 under the direction of the chief officers of the Departments oT secretary 'of 
 of War and of the Navy, respectively. 1 And all agents or VN jui y i6,i798,c. 
 
 85, s. 3,v.l,p. 610; 
 
 ~~ Feb. 27, 1877, c. 
 
 Under this statute the Secretary of "War is the source of all authority to make 09, v. 19, p. 249. 
 contracts or purchases in all branches of the military establishment. "Whether he g e c. 3714, II. S. 
 makes the contracts himself, or confers the authority upon others, it is his duty to 
 see that they are properly and faithfully executed ; and if he becomes satisfied that 
 contracts which he has made himself are being fraudulently executed, or those 
 made by others were made in disregard of the rights of the Government, or with 
 the intent to defraud it, or are being unfaithfully executed, it is his duty to inter- 
 pose, arrest the execution, and adopt effectual measures to protect the Government 
 against the dishonesty of subordinates." U. S. v. Adams, 7 Wall., 463, 477; Parish 
 v. U. S., 8 Wall., 489. 
 
 The head of an Executive Department may, when not prejudicial to the interests 
 of the Government, or for its benefit, alter or modify the terms of a contract made 
 under his direction, but his subordinates may not take such action without express 
 authority from him. (2 Compt. Dec., 182.) 
 
 The laws governing the purchase of supplies for the Army are equally applicable 
 whether the purchases are made from funds received from the sale of stores or from 
 the regular appropriations available therefor. (3 Dig. Compt. Dec., 287.) 
 
 It is only an express contract which (in the absence of special authority from 
 Congress) can legally be entered into by the Secretary of War, or a military officer, or 
 can be recognized and acted upon as binding upon the United States. Claims against 
 the United States arising upon alleged implied contract can not be entertained, but 
 the claimants must be referred to the Court of Claims or Congress. Further, the 
 contract, to be legally made or recognized as legal, must be in writing (a) (except 
 only according to the ruling in Cobb's Case (b) when entered into without previous 
 advertisement by reason of the existence of a " public exigency ;" see infra). So, 
 in a case where the only evidence of an alleged contract of lease consisted of vouch- 
 ers, setting forth accounts for rent claimed, approved by an assistant quartermaster, 
 held, that there was no sufficient evidence of an express or written contract upon 
 orized by the Secretary of War. (c) (Dig. Opin. J. A. 
 
 The Secretary of War has authority to extend the time for the execution of a con- 
 tract made on behalf of his Department when the interests of the Government are 
 not thereby prejudiced, and particularly when its noncompletion within the time 
 limited is not due to the negligence of the contractor. (2 Compt. Dec., 242; Solomon v. 
 U. S., 19 Wall., 17; U. S. v. Corliss Steam Engine Co., 91 U. S., 321 ; 18 Opin. Att. Gen., 
 101 ; 2 Compt. Dec., 635.) 
 
 oSee Henderson v. U. S..4C. Cls. R.. 75; 14 Opin. Att. Gen., 229: Clark v. U. S.,95 
 U. S., 539. 
 
 feCobb v. U. S., 7 C. Cls. R., 470, and 9 ibid., 291. And see Thompson v. U. S., 
 ibid, 198. 
 cSee 14 Opin. Att. Gen., 230. 
 
 40X 
 1919 26 
 
 which payment could be auth 
 Gen., 275, par. 1.) 
 
402 THE MILITARY LAWS OF THE UNITED STATES. 
 
 contractors for supplies or service 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 revi- 
 sion of the officers of the Treasury in the manner before 
 prescribed. 
 unauthorized 1146. No contract or purchase on behalf of the United 
 
 contracts prohib- 
 
 ited. ^ States shall be made, unless the same is authorized by law 
 
 84, s? r io,'v. 12,'pior is under an appropriation adequate to its fulfillment, 
 
 22 sec. 3732, R. s. except in the War and Navy Departments, for clothing, 
 
 subsistence, forage, fuel, quarters, or transportation, which, 
 
 however, shall not exceed the necessities of the current 
 
 year. 1 
 
 NO contract to H47. No contract shall be entered into for the erection, 
 
 exceed appropri- 
 
 ation. repair, or furnishing of any public building, or for any 
 
 233, s. 3, v. is,' p. public improvement which shall bind the Government to 
 
 sec. 3733, R.S. pay a larger sum of money than the amount in the Treas- 
 
 ury appropriated for the specific purpose. 2 
 land rchases f 11^8. No land shall be purchased on account of the United 
 
 Ma r i 1820 c States, except under a law authorizing such purchase. 3 
 
 52, s. 7, v'. 3,p. 568. 
 
 ^sites for build- nQ ]sj o mone y shall be paid nor contracts made for 
 i8 Ma 37i ' 1875) v ' P avment f r an y site for a public building in excess of the 
 
 amount specifically appropriated therefor. 4 Act of March 3, 
 
 1875 (18 Stat. L., 371). 
 
 1 The restrictions of section 3732, Revised Statutes, are in the alternative, pro- 
 hibiting a contract or purchase on the part of the United States unless "authorized 
 by law or unless such contract or purchase is made " under an appropriation ade- 
 quate to its fulfillment." Contracts to be valid must be shown to come under one or 
 the other of these provisions. Shipman -v . U. S., 18 C. Cls. R., 138. 
 
 When the authority to enter into a contract for a particular work in behalf of the 
 United States depends wholly upon an appropriation of money made for that pur- 
 pose, no officer of the Government has power to create a liability therefor beyond 
 the amount of the appropriation, and a contractor can not recover more than the 
 money appropriated, whatever may be the extent of his work. When an alleged 
 liability rests wholly upon the authority of an appropriation, they must stand or 
 fall together ; so that when the latter is exhausted the former is at .an end, to be 
 revived, if at all, only by subsequent legislation by Congress. Shipman v. IT. S., 18 
 C. Cls. R., 138, 147; McCullom v. U S., 17 ibid., 92, 103; Trenton Co. v. U.S.. 12 ibid., 
 147, 157. 
 
 If an officer is clothed with authority to dp a piece of work without limitation as 
 to cost, the contracts made by him therefor are binding upon the Government, 
 whether money is appropriated for the purpose or not. Shipman v. U. S., 18 ibid., 
 138; Collins v. U.S., 15 ibid. ,22, 35; 13 Op. Att.G^n.,315; 15 ibid., 236. 
 
 Acknowledgments and promises made by executive officers of the Government 
 do not bind the United States when they are not made under express or implied 
 authority of Congress. Leonard et al. v. U. S., 18 C. Cls. R., 382. 
 
 2 Authority to contract for the completion of an entire structure, the plan of which 
 has been determined on, can not be inferred from the mere fact that an appropriation 
 of a certain sum, to be expended on the structure, has been made. Hence a contract, 
 though it be good to the extent of such appropriation, could not affix itself to future 
 appropriations and control their expenditure. A contract of this character would 
 be in violation of the spirit of section 3, act ot July 25, 1868 (sec. 3733, R. S.), if not of 
 its express terms 15 Opin. Att. Gen., 236. 
 
 Under section 5 of the act of June 20, 1874 (18 Stat. L., Ill), all appropriations for 
 * public buildings " are available until otherwise ordered by Congress. 3 Compt. 
 Dec., 29. A sub-appropriation for a public building must, under the act of June 20, 
 1874 (18 Stat. L., 110, 111), remain available until its object has been accomplished or 
 until it has been exhausted, unless otherwise ordered by Congress. Ibid. 
 
 3 The act of Congress does not prohibit the acquisition by the United States of the 
 legal title to land, without express legislative authority, when it is taken byway 
 of security for debt. Neilson v. Lagow, 12 How., 98. 
 
 4 See, also, for additional restrictions the act of March 3, 1875 (18 Stat. L., 371). 
 
THE MILITARY LAWS OF THE UNITED STATES. 403 
 
 1150. Hereafter no Department or officer of the United Acceptance of 
 
 voluntary serv- 
 
 States shall accept voluntary service for the Government ice prohibited; 
 
 exceptions. 
 
 or employ personal service in excess of that authorized by^Maj i, i884,v. 
 law, except in cases .of sudden emergency involving the 
 loss of human life or the destruction of property. Act of 
 May 1, 1884 (23 Stat. L., 17). 
 
 1151. All purchases and contracts for supplies 1 or serv- contracts and 
 
 ices, in any of the Departments of the Government, except made ; a8 aderti 
 for personal services, shall be made by advertising 2 a suf- gelcie^ u 
 ficient time previously for proposals respecting the same, 84 M s ar io 2 'v 18 f2' p.' 
 when the public exigencies do not require the immediate Supplies for EI- 
 delivery of the articles, or performance of the service. StJ 6 Depart ' 
 When immediate delivery or performance is required by sec.8709,n.s. 
 the public exigency, 3 the articles or service required may be 
 procured by open purchase or contract, at the places and 
 in the manner in which such articles are usually bought 
 and sold, or such services engaged, between individuals. 3 
 
 1152. And the advertisement for such proposals shall be Advertisements 
 
 * A for all the De- 
 
 made by all the Executive Departments, including; the De- payments to be 
 
 on the same day. 
 
 partment of Labor, the United States Fish Commission, the Sec. i, Jan. 27, 
 
 1894, v. 28, p. 33. 
 
 Interstate Commerce Commission, the Smithsonian Insti- K.S. sec. 3700, 
 tutioii, the Government Printing Office, the government of 
 the District of Columbia, and the superintendent of the 
 State, War, and Navy building, except for paper and ma- 
 terials for use of the Government Printing Office, and 
 
 *The word "supplies," as used in section 3709 of the Revised Statutes, evidently 
 has reference to those things which the well-known needs of the public service will 
 from time to time require in its different branches for its successful and efficient 
 administration, and the statute was intended to afford the Government the pecu- 
 niary benefits, as well as the protection against fraud and favoritism, which open 
 and honest competition is always likely to secure. It could not have been in the 
 mind of the lawmaking power to require that purchases could only be made after 
 advertisement of small articles which may occasionally be needed, and where in 
 many cases the cost of advertising itself would exceed the value of the article pur- 
 chased It can not bo said that such cases are governed by the emergency provision 
 in the statute, for there may be, and are, many instances where the officer could not 
 truthfully certify that immediate delivery was necessary. (3 Dig. Compt. Dec., 288.) 
 
 2 The actot March 2, 1861 (sec. 3709, R. S.), while requiring such advertisement, as 
 the general rule invests the officer charged with the duty of procuring supplies or 
 services with a discretion to dispense with advertising, it the exigencies of the pub- 
 lic service require immediate delivery or performance. It is too well settled to 
 admit of dispute at this day that, where there is a discretion of this kind conferred 
 on an officer or board of officers, and a contract is made in which they have exercised 
 that discretion, the validity of the contract can not be made to depend on the degree 
 of wisdom or skill which may have accompanied its exercise. (U. S. v. Speed, 8 
 Wall, 77, 83; Childs v. 0. S , 4 C. Cls. R., 176; Mason u. U. S.,4 C. Cls. R.,495; Went- 
 worth v. U. S., 5 C Cls. R., 302. ) See note 3. 
 
 3 Sectiou 3709, Revised Statutes, provides, generally, that the making of public con- 
 tracts for supplies, etc., shall be preceded by an advertising for proposals "when the 
 public exigencies do not require the immediate delivery of the articles or perform- 
 ance of the service." Exigencies growing out of a state of war, or hostilities with. 
 Indians, were probably mainly had in view, and it is exigencies of this class which 
 have been considered in the adjudged cases in the Supreme Court and Court of 
 Claims, (a) It is clear, however, that other exigencies may exist requiring that con- 
 tracts or purchases be made at once or without the delay incident to advertising for 
 proposals. Thus a loss of stores, structures, etc., on hand, caused by an actus Dei 
 
 a See U. S. v. Speed, 8 Wallace, 83 ; Reeside v. U. S., 2 C. Cls. R., 1 ; Mowry v. U. S., 
 ibid., 68 ; Stevens v. U. S., ibid., 95 ; Floyd v. U. S., ibid., 429 ; Crowell v. U. S., ibid., 
 501 ; Baker v. U. S., 3 ibid., 343; Henderson v. U. S., 4 ibid., 75; Childs v. U. S., ibid., 
 176; Wentworth v. U. S., 5 ibid., 302; Wilcox v. U. S., ibid., 386; Cobb v. U. S., 7 
 ibid., 471, and 9 ibid., 291; Thompson v. U. S., ibid., 187; McKee v. U. S., 12 ibid., 505. 
 
404 THE MILITARY LAWS OF THE UNITED STATES. 
 
 materials used in the work of the Bureau of Engraving and 
 Printing, which shall continue to be advertised for and pur- 
 Time for open- chased as now provided by law, on the same days and shall 
 8 ame. id8tobeth6 each designate two o'clock post meridian of such days for 
 the opening of all such proposals in each Department and 
 other Government establishment in the city of Washington ; 
 and the Secretary of the Treasury shall designate the day 
 or days in each year for the opening of such proposals and 
 give due notice thereof to the other Departments and Gov- 
 ernment establishments. Such proposals shall be opened 
 in the usual way and schedules thereof duly prepared and, 
 together with the statement of the proposed action of each 
 Department and Government establishment thereon, shall 
 
 or vis major, as fire, storm, freshet, or a sudden riot or violent disorder; or a loss of 
 supplies occasioned by the neglect of military subordinates in charge ; or a failure 
 of a contractor to fulfill a contract for supplies, transportation, or other service, 
 might properly be regarded as constituting an ''exigency" under the statute, if of 
 such magnitude or injurious consequence to the Army as to necessitate an immediate 
 making good of the deficiency, (o) The general rule, however, of the statute in 
 requiring a notice and invitation to the public as a preliminary to the awarding of a 
 contract, is founded upon a sound and well-considered public policy, and exceptions 
 thereto, especially in time of peace, should be recognized as admissible only where, 
 if the rule were strictly complied with, the public interests would manifestly be most 
 seriously prejudiced. (6) (Dig. Opin. J. A. G., 279, par. 9.) 
 
 An exigency can not be created by the simple certificate of a public officer that it 
 exists. An exigency involves a state of pressing necessity so great that the public 
 interests would be prejudiced if the contemplated purchase was not made. A cer- 
 tificate made after the purchase of the articles is of no effect. (3 Dig. Compt. Dec., 
 286.) The term "public exigency" refers to an exceptional and urgent necessity 
 requiring the immediate performance of the work or service. (Ibid., 328.) 
 
 Proof of the existence of an exigency must be presented in order to authorize the 
 accounting officers to pass a voucher for an exigency purchase under section 3709 of 
 the Revised Statutes. Such proof must accompany the voucher in the form of a 
 certificate by the officer who made the purchase that a public exigency required the 
 immediate delivery of the articles purchased, and that they were, therefore, pur- 
 chased in open market. In other words, there must be proof that the proper officer 
 has actually determined that an exigency existed. The certificate may be made in 
 the following form: "The exigencies of the public service required the immediate 
 delivery of the articles specified in the voucher, and they were, therefore, obtained 
 by purchase in open market, without advertisement, and at the lowest market 
 rates." (Ibid.)' 
 
 Except in the rare case of an existing public exigency a contract for supplies in 
 the War Department or military branch of the service is to be preceded by au adver- 
 tisement for proposals as directed in section 3709, Kevised Statutes. This advertise- 
 ment is not a mere facility for the convenience of an executive department, which 
 may be waived at discretion, but an essential proceeding prescribed by the statute as 
 a condition to the exercise of the authority to enter into a contract for the United 
 States. Thus enjoined, no omission or evasion of this prerequisite, however con- 
 
 a See G. O. 10 of 1879. sees. 22-25, pp. 14-15; do. 72, ibid., p. 52; do. 40 of 1880, p. 
 58; also McKee v. U. S.', 12 C. Cls. R., 529-530. 
 
 b As to the authority who is to decide whether there exists such an exigency as 
 is contemplated by the statute, the Supreme Court, in United States v. Speed (8 Wall 
 ace, 83), has held that it is "the officer charged with the duty of procuring suppliea- 
 or services who is invested with this discretion." This description is rather general, 
 Doris the term "the purchasing officer," by which the Court of Claims explains it, 
 in Thompson v. U. S., 9 C. Cls. R., 196, a much more precise definition. It is clear, 
 however, that a subordinate officer charged with the duty of being the immediate 
 representative of the United States in a contract or purchase should not, in general, 
 Tenture to dispense with advertising, on the theory of the existence of a public 
 exigency, in the absence of instructions or orders from a proper superior. Xor, on 
 the other hand, will a superior officer, in entering into a contract for his command 
 or branch of the service, properly assume that an "exigency" exists authorizing 
 him to dispense with the statutory forms, when the period is time of peace and no 
 imperative necessity exists for the immediate delivery of the supplies or perform- 
 ance of the service proposed to be contracted for. It is to be noted that the cases 
 both of Speed and Thompson related to contracts entered into during the late war. 
 In the instructive opinions of the Attorney -General on the "Fifteen per cent con- 
 tracts " of April 27 and May 3, 1877 (15 Opin., 235, 253), it is held that the "exigency" 
 contemplated by the statute can be one of time only, and that it can be regarded as 
 existing only where an immediate delivery or Derformance ia required, by a public 
 necessity. (Dig. J. A. Gen., p. 280, note 1.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 405 
 
 be submitted to a board, consisting of one of the Assistant , Submission to 
 
 board for appro v- 
 
 Secretaries of the Treasury and Interior Departments and al - 
 one of the Assistant Postmasters-General, who shall be 
 designated by the heads of said Departments and the 
 Postmaster-General respectively, at a meeting to be called 
 by the official of the Treasury Department, who shall be 
 chairman thereof, and said board shall carefully examine 
 and compare all the proposals so submitted and recommend 
 the acceptance or rejection of any or all of said proposals. 
 
 venient such an omission or evasion may be, can legally be allowed, (a) So. held 
 that it was no excuse for a noncompliance with the statute by a quartermaster, that 
 his contracts (made without advertisement) had been made with the most reliable 
 parties and to the advantage of the United States. And, held that the requirement 
 as to advertising for proposals must be complied with in contracting for a supply of 
 articles purchased for trial, equally as if the contract were for the regular yearly 
 supplies. (Dig. Opiu. J- A. G., 275, par. 2.) 
 
 The main object of the advertisement is to induce a free and open competition for 
 the contracts of the Government, and thus to protect the United States from fradu- 
 lent combinations and collusive preferences in its business transaction s.(b) At the 
 same time the advertisement, in inviting proposals from the public, is properly to be 
 viewed as a pledge on the part of the United States that the contract will, as a 
 general rule, be awarded to the lowest bidder, provided he is a responsible person 
 and his bid is a reasonable one, and provided, of course, he complies with the exist- 
 ing regulations as to bond, etc. (Ibid., 276, par. 3.) 
 
 A military emergency can not be measured by precise rules. Thompson v. U. 
 S., 9 C. Cls. R , 187. The act of March 2, 1861 (sec. H709, R. S.), requires of aquar- 
 termaster that openness, diligence, prudence, and care which an individual might 
 be supposed to exercise were he buying goods in just such an emergency and under 
 just such circumstances. * * * A statute relating to national emergencies must 
 necessarily be construed liberally, but a case under it can form no precedent for 
 other cases. What was right lor a quartermaster to do under certain circum- 
 stances can be lawful and right only when the precise circumstances are repeated. 
 Childs & Co. v. U. S,, 4 C. Cls. R., 176. 
 
 An officer charged with the duty of making a contract, or purchase, is responsible 
 under the laws and regulations for his action. Permission or orders to make a con- 
 tract or purchase without inviting competition will not justify that procedure, and 
 will not be given. (Par. 519, A. R., 1895.) 
 
 In the absenceof any emergency in fact, or any declared by the head of the Depart- 
 ment in which a public work is being carried on, or any emergency that can be 
 judicially inferred, the requirements of this section, in respect to advertisement, are 
 mandatory, and a contract made in violation of it is void. (Schneider v. U. S., 19 
 C. Cls. R., 547, 551.) 
 
 Personal services are such as the individual employed or contracted with must 
 perform, in person, directly tinder the control and supervision of an officer or agent 
 of the Government, as distinguished from services the - 
 
 delegated by the contractor to others. (Par. 518, A. R., 1895.) They are contracts for 
 expert or skilled service to be performed by the contractor in person. (Dig. Opin. 
 J. A. G., 281, par. 11.) 
 
 Where the essential part of a contract is for personal services, advertising for pro- 
 posals under section 3709, Revised Statutes, is not required. (2 Compt. Dec., 185.) 
 
 Section 3709 does not require the advertising for proposals, nor the entering into 
 contracts for the purchase of patented or copyrighted articles where the benefit of 
 competition can not be secured. (2 Compt. Dec., 632.) For provisions of regulations 
 respecting purchases, etc., see paragraphs 515-520, Army Regulations of 1895. 
 
 aSee 6 Opin. Att. Gen., 406; 10 ibid. ,28; also opinion of the Solicitor General of 
 March 20, 1876 (15 Opin., 539), wherein, in holding contracts made without adver- 
 tising to be not binding on the United States, he dissents from the opinion of 
 Attorney-General Bates, in 10 Opiu., 416, to the effect that while an absence of the 
 prescribed advertisement will render illegal and inoperative an unexecuted con- 
 tract, the Government can not, on account of such omission, rescind, to the dam- 
 age of a contractor, a contract entered into by him in good faith and partly per- 
 formed. In a later opinion of April 27, 1877 (15 Opin., 236), the Attorney- General 
 refers to the question, whether the provision of section 3709, Revised Statutes-, 
 requiring that contracts in general shall be preceded by advertisement, is manda- 
 tory or only directory, as one which has been much discussed (see, for example, 
 the reference to this question in Fowler v. U. S., 3 C. Cls. R., 47), but is not required 
 to be decided in that opinion. But whatever may be the true construction of this 
 section, it is clear that no officer of the Army, in the absence of express authority 
 to do so from the Secretary of War, can be justified in omitting to comply with the 
 provision in regard to advertising. 
 
 feSee Harvey v. U. S., 8 C. Cls. R., 506. In regard to a statute (similar to section 
 3709), governing the Post-Office Department, the- Supreme Court, in Garfield v. U. S., 
 3 Otto, 246, say: "The object of the statute was to secure notice, * * * that 
 bidders might complete, that favoritism should be prevented, that efficiency and 
 economy in the service should be obtained." 
 
406 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 The same. 
 
 ited 
 
 - And if any or all of such proposals shall be rejected, adver- 
 meut of rejected tiscments for prO posals shall again be invited and proceeded 
 with in the same manner. Sec. 1, act of January 27, 1894 
 (28 Stat. L., 33). 
 
 1153. That the Act entitled "An Act to amend section 
 thirty-seven hundred and nine of the Revised Statutes 
 relating to contracts for supplies in the Departments at 
 Washington," approved January twenty-seven, eighteen 
 hundred and ninety-four, be, and the same is hereby, so 
 Provisions iim amended that the provisions thereof shall apply only to 
 sec. 3709, R.S. advertisements for proposals for fuel, ice, stationery, and 
 other miscellaneous supplies to be purchased at Washing- 
 ton for the use of the Executive Departments and other 
 Government establishments therein named; and no adver- 
 Contracts.etc., tisements made or contracts awarded or to be awarded 
 thereon since January twenty-seven, eighteen hundred 
 and ninety-four, in accordance with the laws in force prior 
 to said date, shall be declared to be illegal or invalid for 
 non compliance with said law of January twenty-seventh, 
 eighteen hundred and ninety-four. Act of April 21, 1894 
 (28 Stat. L., 62). 
 
 ADVERTISING. 
 
 not invalid. 
 
 Par. 
 
 1154. No advertising without au- 
 
 thority. 
 
 1155. Rates of advertising. 
 
 1156. Proclamations, etc; adver- 
 
 tisements in District of 
 Columbia; limitation. 
 
 1157. The same. 
 
 1158. Advertising for supplies for 
 
 Quartermaster's Depart- 
 ment. 
 
 1159. Separate proposals and con- 
 
 tracts. 
 
 NO advertising 1154, No advertisement, notice, or proposal for any Execu- 
 u " tive Department of the Government, or for any Bureau 
 
 Par. 
 
 1160. Two or more works in one 
 
 contract, etc. 
 
 1161. Secretary of War to pre- 
 
 scribe rules, etc. ; bond. 
 
 1162. Opening bids; notification. 
 
 1163. American material to be pre- 
 
 ferred for public improve- 
 ments. 
 
 1164. Bunting. 
 
 thereof, or for any office therewith connected, shall be pub- 
 3( sec. 3828, R. s. lished in any newspaper whatever, except in pursuance of 
 a written authority for such publication from the head of 
 such Department; and no bill for any such advertising, or 
 publication, shall be paid, unless there be presented, with 
 such bill, a copy of such written authority. 1 
 
 1 The requirements of section 3828, Eevised Statutes, are complied with by the 
 issue of a general circular of instructions, and it is not necessary to file authority 
 with each particular bill. (Compt. Dec., 1893-94, 103 ; U. S. v. Odeneal, 10 Fed. Rep., 
 616.) 
 
 By the terms of section 3709, Revised Statutes, and the acts of July 5, 1884 (23 
 Stat. L., 109), and February 12, 1895 (28 Stat. L., 654), advertising is required prior 
 
THE MILITARY LAWS OF THE UNITED STATES. 407 
 
 1155. That hereafter all advertisements, notices, propos- Kates of ad ver- 
 als for contracts, and all forms of advertising required by 'june 20, isis, 
 law for the several departments of the government may be v ' 20> p * 216 ' 
 paid for at a price not to exceed the commercial rates 
 
 charged to private individuals, with the usual discounts; 
 such rates to be ascertained from sworn statements to be 
 furnished by the proprietors or publishers of the news- 
 papers proposing so to advertise: Provided, That all adver- 
 tising in newspapers since the tenth day of April, eight- 
 een hundred and seventy-seven, shall be audited and paid 
 at like rates ; but the heads of the several departments 
 may secure lower terms at special rates whenever the pub- 
 lic interest requires it. Act of June 20, 1878 (20 Stat. L., 
 216). 
 
 1156. That all executive proclamations, and all treaties Proclamations, 
 
 required by law to be published, shall be published in only ments 
 one newspaper the same to be printed and published in the Sa 
 District of Columbia and to be designated by the Secre- igfj^ios. 1 1876) v ' 
 tary of State and in no case of advertisement for contracts 
 for the public service shall the same be published in any 
 newspaper published and printed in the District of Colum- 
 bia unless the supplies or labor covered by such advertise- 
 ment are to be furnished or performed in said District of 
 Columbia. Act of July 31, 1876 (19 Stat. L., 105}. 
 
 1157. That all advertising required by existing laws to The same. 
 be done in the District of Columbia by any of the depart- 21, p n 3n.' 
 
 ^P* ^?S28 R ^1 
 
 ments of the government shall be given to one daily and 
 one weekly newspaper of each of the two principal political 
 
 to purchase in the case of " all supplies for the use of the variou departments and 
 posts of the Army and all branches of the Army service," including the procure- 
 ment of steel for gun construction. Advertising may be dispensed with in the 
 emergency contemplated in section 3709 of the Revised 'Statutes; in the purchase of 
 certain ordnance stores, when the aggregate of said purchase does not exceed $200 
 (act of July 16, 1892, 27 Stat. L., 174), and in the purchase of medicines and medical 
 supplies (act of February 27, 1893, 27 Stat. L., 478). See, also, notes to paragraph 
 1151, ante. 
 
 A disbursing officer is not authorized to pay bills for newspaper advertising when 
 he is satisfied that the price exceeds the commercial rates charged to private indi- 
 viduals, with the usual discounts, notwithstanding the affidavit of the proprietor of 
 the newspaper to the contrary. (1 Compt. Dec., 312.) 
 
 When the proprietors of a newspaper show by affidavit that the rates theretofore 
 sworn to by them were, although not so limitecl, intended simply to cover advertis- 
 ing of a certain kind, they may be paid at their usual commercial rates for adver- 
 tising not of the kind intended by their first statement ot rates. (Ibid., 373.) 
 
 When advertising in connection with the purchase of subsistence supplies for the 
 Army is, by law, a necessary condition precedent to the purchase of such supplies, 
 and there is no specific appropriation for such advertising, the cost thereof is 
 properly chargeable to the appropriation "Subsistence of the Army." (3 Dig. Compt. 
 Dec., 23'.) 
 
 Under section 3709 of the Revised Statutes, and paragraph 1486 of the Army Regu- 
 lations (1881), the length of time for the publication of advertisements inviting 
 proposals for furnishing Army supplies was left somewhat to the discretion of the 
 purchasing officer, but the act of July 5, 1884 (23 Stat. L., 109), has fixed, in all 
 cases, excepting emergency purchases, the minimum period during which public 
 notice shall be given, authorizing the purchase of "small amounts for immediate 
 use" after public notice of not less than ten days, while all other purchases are 
 required to be made after public notice of not less than thirty days. (Ibid., 23.) 
 
 tinder the Army Regulations, advertisement may be made by handbills, but when 
 this method is resorted to it must be shown that' the handbills were circulated to 
 such an extent as to render it probable that a large number of persons engaged in 
 the business of furnishing the articles desired had thus been afforded an opportunity 
 to compete for the contract -which was to be let. (Ibid., 24.) 
 
408 THE MILITARY LAWS OF THE UNITED STATES. 
 
 parties and to one daily and one weekly neutral newspaper : 
 Provided, That the rates of compensation for such service 
 shall in no case exceed the regular commercial rate of the 
 newspapers selected; nor shall any advertisement be paid 
 for unless published in accordance with section thirty-eight 
 hundred and twenty-eight of the Revised Statutes. Act 
 of January 21, 1881 (21 Stat. L., 317}. 
 Advertise- 1158. The Quartermaster's Department of the Army, in 
 
 IlK'lltS for SUp ... . ., 'i-i 
 
 plies for Quar obtaining supplies tor the military service, shall state in all 
 * * advertisements for bids for contracts that a preference 
 
 'p! shall be given to articles of domestic production and manu- 
 92 Sec.37i6,R.s. facture, conditions of price and quality being equal, and 
 that such preference shall be given to articles of American 
 production and manufacture produced on the Pacific coast, 
 to the extent of the consumption required by the public 
 service there. In advertising for Army supplies the Quar- 
 termaster's Department shall require all articles which 
 are to be used in the States and Territories of the Pacific 
 coast to be delivered and inspected at points designated in 
 those States and Territories ; and the advertisements for 
 such supplies shall be published in newspapers of the cities 
 of San Francisco, in California, and Portland, in Oregon. 
 
 BIDS AND PROPOSALS. 
 
 Separate pro- 1159. Whenever the Secretary of War invites proposals 
 
 posals and con- . 
 
 tracts for any works, or for any material or labor for works, there 
 
 ^IAI* ^717 US 
 
 * shall be separate proposals and separate contracts for each 
 work, and also for each class of material or labor for each 
 work. 1 
 
 TWO or more 1160. That nothing contained in section thirty -seven 
 
 works in one con- hundred and seventeen of the Revised Statutes of the 
 
 r R.s e , sec. 3717, United States, nor in section three of the river and harbor 
 
 m y h 25. f p.423. act of August eleventh, eighteen hundred and eighty - 
 
 i89o, C v 2 '26?p!452l eight, shall be so construed as to prohibit or prevent the 
 
 cumulation of two or more works of river and harbor 
 
 improvement in the same proposal and contract, where such 
 
 works are situated in the same region and of the same kind 
 
 or character. Sec. 2, act of September 19, 1890 (26 Stat. 
 
 L., 452). 
 
 Secretary of 1161. That the Secretary of War is hereby authorized to 
 
 rifUVTTt".! prescribe rules and regulations to be observed in the 
 
 b Apr'. 10, 1878, preparation and submission and opening of bids for con- 
 
 v. 20, p. se. tracts under the War Department. Act of April 10, 1878 
 
 (20 Stat. L., 36). 
 
 1 The subject of advertising in the War Department and its several bureaus and 
 offices, and in the military establishment generally, is regulated by the provisions of 
 paragraphs 520-524, Army Regulations of 1895. See note to paragraph 1154, supra. 
 
THE MILITARY LAWS OF THE UNITED STATES. 409 
 
 And he may require every bid to be accompanied by a Bonds, 
 written guarantee, signed by one or more responsible 22, p ai 488. 1883 ' v ' 
 persons, to the effect that he or they undertake that the 
 bidder, if his bid is accepted, will, at such time as may be 
 prescribed by the Secretary of War or the officer authorized 
 to make a contract in the premises, give bond, with good 
 and sufficient sureties, to furnish the supplies proposed or 
 to perform the service required. If after the acceptance of 
 a bid and a notification thereof to the bidder he fails within 
 the time prescribed by the Secretary of War or other duly 
 authorized officer to enter into a contract and furnish a 
 bond with good and sufficient security for the proper fulfill- 
 ment of its terms, the Secretary or other authorized officer 
 shall proceed to contract with some other person to furnish 
 the supplies or perform the service required, and shall 
 forthwith cause the difference between the amount specified 
 by the bidder in default in the proposal and the amount for 
 which he may have contracted with another party to fur- 
 nish the supplies or perform the service for the whole period 
 of the proposal to be charged up against the bidder and his 
 guarantor or guarantors, and the sum may be immediately 
 recovered by the United States for the use of the War 
 Department in an action of debt against either or all of 
 such persons. Act of March <?, 1883 (22 Stat. L., 488). 
 
 1162. Whenever proposals for supplies have been solic- opening bids, 
 ited, the parties responding to such solicitation shall be n j a n Cat 3i n ises, 
 duly notified of the time and place of opening the bids, Se 8 ' 8> v 15 ' p ' 
 and be permitted to be present either in person or by Sec - 8710 B ' s - 
 attorney, and a record of each bid shall then and there be 
 
 made. 
 
 1163. That in all contracts for material for any public American ma 
 improvement, the Secretary of War shall give preference for la pubiic Tm- 
 to American material ; and all labor thereon shall be per. pr Labor e on 8 same. 
 formed within the jurisdiction of the United States. Sec. 18^.18,^455?' 
 2, act of March 3, 1875 (18 Stat. L., 455). 
 
 1164. The Secretary of War, the Secretary of the Navy, Bunting. 
 and the Secretary of the Treasury may enter into contract, 74, . 7,V it, 
 in open market, for bunting of American manufacture, as s'ec.8729,R.s. 
 their respective services require, for a period not exceeding 
 
 one year, and at a price not exceeding that at which an 
 article of equal quality can be imported. 
 
410 THE MILITARY LAWS OP THE UNITED STATES. 
 
 MISCELLANEOUS PROVISIONS. 
 
 Par. 
 
 1165. Purchase of supplies, con- 
 
 ditions of. 
 
 1166. Purchases, where made; 
 
 open market purchases 
 not exceeding $200. 
 
 1167. Cavalry and artillery horses. 
 
 1168. The same; limitations on 
 
 purchases. 
 
 1169. Draught animals; limit of 
 
 purchases. 
 
 1170. Purchase of means of trans- 
 
 portation. 
 
 1171. Transportation of stores, 
 
 etc., by contract. 
 
 Par. 
 
 1172. Limit of expenditures on 
 
 buildings and grounds. 
 
 1173. Post bakeries, schools, 
 
 kitchens, gardens, etc. 
 
 1174. Post gardens and exchanges. 
 
 1175. Contracts for subsistence 
 
 supplies. 
 
 1176. Purchase of medicines, etc. 
 
 1177. Purchases of ordnance in 
 
 open market; limitation. 
 
 1178. Name of contractor to ap- 
 
 pear on supplies. 
 
 Purchase of 1165. That hereafter all purchases of regular and miscel- 
 tSns Iff 8 ' l laneous supplies for the Army furnished by the Quarter- 
 23, P.'IOQ master's Department and by the Commissary Department 
 
 for immediate use shall be made by the officers of such 
 Department, under direction of the Secretary of War, at 
 the places nearest the points where they are needed, the 
 conditions of cost and quality being equal: Provided also, 
 That all purchases of .said supplies, except in cases of emer- 
 gency, which must be at once reported to the Secretary 
 of War for his approval, shall be made by contract after 
 public notice of not less than ten days for small amounts 
 for immediate use, and of not less than from thirty to sixty 
 days whenever, in the opinion of the Secretary of War, the 
 circumstances of the case and conditions of the service 
 shall warrant such extension of time. The award in every 
 case shall be made to the lowest responsible bidder for the 
 best and most suitable article, the right being reserved to 
 reject any and all bids. 1 Act of July 5, 1884 (23 Stat. L., 109). 
 
 1 The object of this provision is to secure the Government the benefit arising from 
 competition. It is expected that this benefit will manifest itself in the selection of 
 the best and most suitable supplies for the least expenditure of public monev. 
 Where the prices for supplies are fixed and uniform, it is unusual and impracticable 
 to advertise for proposals. Such cases are not within the meaning of the statute. 
 (3 Dig. Compt. Dec., 287 ) Expenditures for water and gas are not expenditures for 
 supplies within the meaning of this act (Ibid.) So held also as to street car 
 tickets. (Ibid., 290.) 
 
 The officers of the Quartermaster's Department are not bound to award contracts 
 to the lowest bidder in every instance, but only to the lowest responsible bidder for 
 the best and most suitable article, in case the right to reject "any and all bids," 
 which the statute reserves, is not exercised. (3 Dig. Compt. Dec., 110 ) 
 
 Evidence of compliance with the requirements of this statute should accompany 
 all contracts filed in the Second Comptroller s Office. (Ibid., 108.) 
 
 Whenever an officer of the Army enters into a contract on behalf of the Govern- 
 ment for the purchase of quartermaster s or subsistence supplies, under the author- 
 ity conferred by this statute, it should be made to appear by the certificate ol the 
 officer that the supplies were required for immediate use. The officer should also 
 certify as to the time and manner of the advertisement, and that the award was 
 made to the lowest responsible bidder for the best and most suitable article. (Ibid., 
 108.) 
 
 Under the act of July 5, 1884 (23 Stat. L., 109), there are four classes of purchases 
 of army supplies made by the Quartermaster and Subsistence Departments, namely: 
 
THE MILITARY LAWS OF THE UNITED STATES. 411 
 
 1166. That after advertisement all the supplies for the 
 
 where made. 
 
 use of the various departments and posts of the Army and 2g Feb^i2,i895,v. 
 
 of all branches of the Army service shall, hereafter, be 
 
 purchased where the same can be purchased the cheapest, 
 
 quality, cost of transportation, and the interests of the 
 
 Government considered, except that purchases may be 
 
 made in open market, in the manner common among busi- Op 6 * 1 market 
 
 purchases not 
 
 newsmen, when the aggregate amount required does not exceeding $200. 
 exceed two hundred dollars, but every such purchase shall 
 be immediately reported to the Secretary of War. 1 Act of 
 February 12, 1895 (28 Stat. ., 659). 
 
 1167. Hereafter all purchases of horses under appro- cavairyand 
 
 A- /.-i n i i -i-^ -i/. artillery horses. 
 
 priations for horses for the cavalry and artillery and for July 5, 1884, v. 
 the Indian scouts shall be made by contract, after legal ' p< 
 advertisement, by the Quartermaster's Department, under 
 instructions of the Secretary of War, the horses to be 
 inspected under the orders of the General commanding 
 the Army; and no horse shall be received and paid for 
 until duly inspected. Act of July 5, 1884 (23 Stat. L., 109). 
 
 1168. That the number of horses purchased under this Limitation on 
 appropriation, added to the number on hand, shall not at^JFebfilfisos, v. 
 any time exceed the number of enlisted men and Indian ' p ' 
 scouts in the mounted service; and" that no part of this 
 appropriation shall be paid out for horses not purchased by 
 contract, after competition duly invited by the Quarter- 
 
 master's Department, and an inspection by such Depart- 
 
 First, "emergency purchases," which must be at once reported to the Secretary 
 of War for his approval; second, purchases of "small amounts for immediate 
 use," which must he made "by contract after public notice of not less than ten 
 days; " third, purchases of the great bulk of army supplies, which must be made 
 under the general rule prescribed by the Army Regulations, that is, after public 
 notice of not less than thirty days; and fourth, unusual and important purchases, 
 where the Secretary of War deems public notice of from thirty to sixty days advis- 
 able. (Ibid., 288.) 
 
 In all cases where purchases of regular or miscellaneous supplies for the Army 
 are made by the Quartermaster's Department or by the Subsistence Department 
 after public notice often days or more, without executing formal written contracts, 
 the vouchers therefor must be accompanied by the following evidence, namely: 
 First, a copy of the public notice for bids; second, a certificate as to the time and 
 manner of the public notice for bids; third, the accepted bid; fourth, a copy of the 
 letter accepting the bid ; and fifth, a certificate that the award was made to the lowest 
 responsible bidder for the best and most suitable article. (Ibid., p. 289.) 
 
 The object of this legislation is to secure for the Government the benefit of com- 
 petition in obtaining supplies and to prevent favoritism in making the purchases 
 thereof. It contemplates one general mode of purchase, namely, by contract, after 
 advertisement, with "the lowest responsible bidder for the best and most suitable 
 article," with but a single exception, and that is where an "emergency" exists 
 requiring the purchase to be otherwise made. Such emergency may arise not only 
 befoie the required public notice can be given, but after it has once been given, 
 in consequence of the failure to receive any bids or proposals ; in either case the pur- 
 chase thereupon would be an emergency purchase, and come within the requirement 
 of the statute for an immediate report to the Secretary of War for his approval. 
 This requirement is, I think, designed to extend to all purchases which are not 
 made agreeably to the general mode above indicated, and hence it applies to the 
 purchase of parts of machinery, or parts of stoves or ranges, for repairs, or of patented 
 articles, when the same is (as in cases of emergency, and those only, it may be) made 
 in open market. (18 Opin. Att. Gen., 349.) 
 
 'See acts of June 30, 1886 (24 Stat. L., 96) ; February 9, 1887 (ibid., 397) ; September 22 
 ]888 (25 ibid., 484) ; March 2, 1889 (ibid., 829) ; June 13, 1890 (26 ibid., 152) ; February 
 24, 1891 (ibid., 774) ; July 16, 1892 (27 ibid., 178) ; February 27, 1893 (ibid., 482) ; August 
 6, 1894 (28 ibid., 238). 
 
412 THE MILITARY LAWS OF THE UNITED STATES. 
 
 inent, all under the direction and authority of the Secretary 
 
 of War. l Act of February 12, 1895 (28 Stat. L., 660). 
 
 Draught airi- 1169. Hereafter no part of this appropriation shall be 
 
 purchases. expended in the purchase for the Army of draught ani- 
 
 24,V- 398; septimals until the number on hand shall be reduced to five 
 
 lie. 18 P ' thousand, and thereafter shall only be expended for the 
 
 purchase of a number sufficient to keep the supply up to 
 
 five thousand. Act of September 22, 1888 (25 Stat. L., 486). 
 
 Purchase of H7Q. Hereafter all purchases of horses, mules, or oxen, 
 
 means of trans- 
 
 P jui ti0 5 n 'i884 v wa g ns ? carts, drays, ships and other seagoing vessels, 
 
 23, p no. also all other means of transportation, shall be made by 
 
 the Quartermaster's Department, by contract, after due 
 
 legal advertisement except in cases of extreme emergency. 
 
 Act of July 5, 1884 (23 Stat. L., 110). 
 
 [. In time of peace the number of draught and pack 
 
 co juT aC 5* 1884 v an i ma ^ s * n the Quartermaster's Department of the Army 
 
 23, P . ICQ. shall not exceed five thousand; that all transportation of 
 
 stores by private parties for the Army shall be done by 
 
 contract, after due legal advertisement, except in cases of 
 
 emergency, which must be at once reported to the Secretary 
 
 of War for his approval. Ibid. (23 Stat. L., 109). 
 
 f endftures'on H72. That hereafter no expenditures exceeding five hun- 
 
 b rounds ng8 and d r ed dollars shall be made upon any building or military 
 27 Fe 4*84^' 1893 . v - post, or grounds about the same, without the approval of 
 the Secretary of War for the same, upon detailed estimates 
 by the Quartermaster's Department; and the erection, con- 
 struction, and repair of all buildings and other public 
 structures in the Quartermaster's Department shall, as far 
 as may be practicable, be made by contract, after due legal 
 advertisement. 2 Act of February 27, 1893 (27 Stat. L., 484). 
 Post bakeries, 1173. That for the current fiscal year and thereafter 
 
 schools, kitch- 
 
 ens, gardens, etc. there may be expended from the appropriation for regular 
 
 v. 26, P . 152. ' supplies the amounts required for the necessary equip- 
 
 ments of the bake-house to carry on post bakeries ; for the 
 
 1 This paragraph has appeared, as a proviso, in each annual appropriation bill 
 since June 30, 1886. See acts of Juue 30, 1886 (24 Stat. L., 97) ; February 5, 1887 (24 
 ibid., 398) ; September 22, 1888 (25 ibid., 485) ; March 2.1889 (ibid., 830) ; June 13. 1890 
 (26 ibid., 153) ; February 24, 1891 (ibid.. 775) ; July 16, 1892 (27 ibid., 179) ; February 
 27,1893 (ibid., 483); August 6. 1894 (28 ibid., 239) ; February 12, 1895 (ibid., 660). 
 The several acts of appropriation for the support of the Army since that of June 30, 
 1886 (24 Stat. L., 96), have contained a proviso that no part of the appropriations 
 "shall be expended for printing unless the same shall be done by contract, after due 
 notice and competition, except in such case as the emergency will not admit of the 
 giving notice for competition." 
 
 3 This paragraph continued to appear as a proviso in several acts of appropriation 
 for the support of the Army prior to the act of Februarv27, 18 
 
 1893 (27 Stat. L., 454). See 
 
 acts of March 3, 1885 (23 Stat, L., 360); June 30, 1886 (24 ibid., 97) ; February 9, 1887 
 (ibid., 399) ; September 22, 1888 (25 ibid., 486) ; March 2, 1889 (ibid., 830) ; June 13, 1890 
 (26 ibid., 154) ; February 24, 1891 (ibid., 776) ; July 16, 1892 (27 ibid., 180) ; February 
 27, 1893 (ibid., 484). The same act requires that the posts at which hospital stew- 
 ards' quarters are to be constructed shall be designated by the Secretary of War, 
 and that such quarters shall, whenever practicable, be built by contract. (27 Stat. 
 L., 484.) 
 
THE MILITARY LAWS OF THE USHPElHsfATES. 413 
 
 necessary furniture, text- books, paper and equipments of 
 the post schools ; for the tableware and mess furniture for 
 kitchens and mess halls ; * * * each and all for use 
 of the enlisted men of the Army. Act of June 13, 1890 (26 
 Stat. L., 152). 
 
 1174. That hereafter no money appropriated for the sup- Post gardens 
 
 and exchanges. 
 
 port of the Army shall be expended for post gardens or Juiyi6,i892,v. 
 exchanges, but this proviso shall not be construed to pro- 
 hibit the use by post exchanges of public buildings or 
 public transportation when, in the opinion of the Quarter- 
 master General, not required for other purposes. Act of 
 July 16, 1892 (27 Stat. L., 178). 
 
 1175. Contracts for subsistence supplies for the Army, contracts for 
 
 " ' subsistence sup- 
 made by the Commissary General, on public notice, shall plies. 
 
 , m -A.pr. 14, 1818, c. 
 
 provide for a complete delivery of such articles, on inspec-6i,s.7,v.3, P .427 ; 
 
 *1 Mar. 3, 1835, c. 49, 
 
 tion, at such places as shall be stipulated. s. i, v. * P . 7so ; 
 
 Mar 2, 1861, c. 84, s. 10, v. 12, p 220. Sec. 3715, B. S. 
 
 1176. That hereafter so much of section thirty seven Purchase of 
 
 ,','''.'',- -r* , -, , A . medicines, etc. 
 
 hundred and nine, 1 Kevised Statutes, as requires advertise Feb. 27, isos, v. 
 ment before purchase shall not apply to the purchase of 
 medicines and medical supplies. Act of February 27, 1893 
 (27 Stat. L., 485). 
 
 1177. Purchase of ordnance and ordnance stores and Purchases of 
 
 ordnance in open 
 
 supplies may be made by the Ordnance Department in open market; nmita- 
 market, in the manner common among business men, when Aug. e, 1894, v. 
 the aggregate of the amount required does not exceed two 
 hundred dollars, but every such purchase shall be immedi- 
 ately reported to the Secretary of War. Act of August 6, 
 1894 (28 Stat. L., 242). 
 
 1178. Every person who shall furnish supplies of any Name of con- 
 
 * tractor to appear 
 
 kind to the Army or Navy shall be required to mark and on supplies, 
 distinguish the same with the name of the contractor fur- MO, fi&.V. 12' p! 
 nishing such supplies, in such manner as the Secretary of s'ec.373i,B.s. 
 War and the Secretary of the Navy may, respectively, 
 direct 5 and no supplies of any kind shall be received, 
 unless so marked and distinguished. 
 
 1 Paragraphs 1151-1153, ante. 
 
414 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 MISCELLANEOUS PROVISIONS. 
 
 Par. 
 
 1179. Contracts for stationery,etc., 
 
 limited to one year. 
 
 1180. Transfers of contracts pro- 
 
 hibited. 
 
 1181. Members of Congress not to 
 
 be interested in contracts. 
 
 1182. The same ; what interest al- 
 
 lowable. 
 
 1183. Stipulation that no Member 
 
 of Congress has an interest. 
 
 Par. 
 
 1184. The same; penalty. 
 
 1185. Contracts to be filed with 
 
 auditors. 
 
 1186. Inspection of fuel in the 
 
 District of Columbia. 
 
 1187. Appointments of weighers, 
 
 etc., to be certified to ac- 
 counting officers. 
 
 1188. No payments for fuel with- 
 
 out certificate. 
 
 contracts for 1179. It shall not be lawful for any of the Executive De- 
 limiTeTtoonepartments to make contracts for stationery or other sup- 
 ye jan. 31, 1868, plies for a longer term than one year from the time the 
 
 Res. No. 8,v. 15, 
 
 p. 246. contract is made. 
 
 Sec.3735,R. S. 
 
 Transfers of 1180, No contract or order, or any interest therein, shall 
 
 Sd tract8proMb " be transferred by the party to whom such contract or order 
 
 2oo U s ly i4! 7 v. 1 i2!'p! is given to any other party, and any such transfer shall 
 
 59 sec.3737 B.s. cause the annulment of the contract or order transferred, 
 
 so far as the United States are concerned. All rights of 
 
 action, however, for any breach of such contract by the 
 
 contracting parties, are reserved to the United States. 1 
 
 1 This clause is imperative and bars any action by the assignor as well as the 
 assignee. Wanless v. U. S., 6 C. Cls. R., 123. The purpose of the act of July 17, 1862 
 (sec. 3737, R. S.), prohibiting the transfer of Government contracts, -was to secure the 
 personal attention and services of the" contractor and to render him liable to punish- 
 ment under section 16 of the same act. * * * No formal or written transfer is 
 necessary to bring the case within the prohibition of the act. It is sufficient to 
 annul the contract that the facts disclose a substantial transfer. Francis v. U. S., 11 
 C. Cls. R., 638; Wheelan v. U. S., 5 C. Cls. R., 504; McCord's Case, 9 C. Cls. R.,155. 
 
 In view of the positive prohibition of section 3737, Revised Statutes, that no con- 
 tract or interest therein shall be transferred by the contractor, and the further pro- 
 vision that any such transfer shall operate as an annulment of the contract, " so far 
 as the United States are concerned," held that an officer of the Army representing 
 the United States in a contract for military transportation would not be authorized, 
 of his own discretion, to consent or waive objection to an assignment, in whole or 
 in part, of a contract, bv the contractor, so as to admit the assignee to perform the 
 service. (a) (Dig. Opin. J. A. G-, 284, par. 18.) 
 
 Where a contract has been once formally entered into with a certain party, for 
 the officer representing the United States to assume to admit additional parties into 
 the agreement and undertaking (thus in fact consenting to a transfer by the con- 
 
 a That an assignment of a contract transfers no legal claim or right of action to 
 the assignee, and that a contract when assigned is no longer binding upon the United 
 States, see Wheeler v. U. S., 5 C. Cls. R., 504; Wanless v. U. S., 6 ibid., 123; Gill v. 
 U.S., 7 ibid., 523; McCordv.U. S.,9ibid., 156; Francis t>.U. S., 11 ibid., 638; 10 Opm. 
 Att. Gen., 523. But it has been held by the Attorney-General that the statute on 
 the subject (sec. 3737, R. S.) is intended simplv for the benefit and protection of 
 the United States, which, therefore, isnotcoiiipelledtoavailitselfof a transfer bythe 
 contractor to annul the contract, but may recognize the same and accept and pay the 
 assignee. " Were it to bo held," observes the Attorney-General, " that a trausferof 
 an interest would absolutely avoid the contract, it would enable any party making a 
 contract with the United States toavoidit by simplytransferriuganinteresttherein, 
 which is a construction manifestly inadmissible." Opinion in the case of the "Fif- 
 teen per cent contracts" (15 Opina.. 235). And similarly held by the same authority 
 in a later opinion, in 16 Opins., 277, that while the United States may avail itself of 
 an assignment to declare the contract annulled, it is not required to do so, but, if 
 deemed to be for its interests, may recognize the assignee." But it is clear that an 
 officer of the Army could not properly assume to treat an assignment of a contract 
 (or interest therein) as valid without the authority and direction of the Secretary of 
 War. That foi ft mail contractor to contract with another person to transport the 
 mail for him, and as his servant or employee, was not an assignment of his contract 
 with the United States, was held in the recent case of Frye v. Burdick, 67 Maine, 408. 
 
THE MILITAKY LAWS OF THE UNITED STATES. 415 
 
 1181. No member of or Delegate to Congress shall di- Member. .? 
 rectly or indirectly, himself, or by any other person in trust uTS^*tS 
 for him, or for his use or benefit, or on his account, under- 
 take, execute, hold, or enjoy, in whole or in part, any con- 
 tract or agreement made or entered into in behalf of the 
 United States, by any officer or person authorized to make 
 contracts on behalf of the United States. Every person 
 who violates this section shall be deemed guilty of a mis- 
 demeanor, and shall be fined three thousand dollars. AH 
 contracts or agreements made in violation of this section 
 shall be void; and whenever any sum of money is advanced 
 on the part of the United States, in consideration of any 
 such contract or agreement, it shall be forthwith repaid; 
 and in ease of refusal or delay to repay the same, when 
 demanded, by the proper officer of the Department under 
 whose authority such contract or agreement shall have 
 been made or entered into, every person so refusing or 
 
 theeoatraet' 
 
 by a writtea agree- 
 i powered to reeeire 
 
 from the raited States, ia I'Msiiti iliomof which he nadrtok to 
 traded for. Add that each agreemeat was a 
 
 i llaii i ad eeanlete 
 power eovpled with aa 
 oeruoa 2737, Berised St 
 
 to a third 
 
 delirerKft firoai the latter, AeU that the coa- 
 
 mpar.CL) 
 
 of iBTaBdatiag a contract, aeed aoi he 
 erwritteaue) It maty he erideaeed by the 
 
 acOedtodoPO. (ICOpm. Att.Ge^.278; 15 ibieL, 2X.) 
 rhTadtiagtia bctweeoTtbe loiiffaoMat of a Goren 
 
 Bf r far aaini i sail n I The fenaer u Told 
 tteaetof Jaly 17, MC (see. 3737, JL S.). aad p iiirn BO title, legal or eamtable: the 
 latterpagaM^etotteaMa^ds^aathoaghftweretbesaleofaehatteL MeCord 
 r.U.S^9CCIs.K^159;IdnrreBce*.r.S^8ibid^29Z. Theaaleof a swart, tmmltru 
 
 bj isalmUi ! Ihinl party vorka a 
 
 Ibytbe^ 
 
 ritieaahoTe cited. IS Opm. Att.Gea^2; WiiwL.277, Frar r. U. S-, 
 
 %:> 
 
 |] C ''/J ?. 
 
 Wheekr v. U. &. & C. Chv 1L, 5M. 
 nawM . U. &, U ihBL, Oft. 
 
211 i directly or indirectly makes or enters into any contract, 
 v e i9 27 249 7 ' c ' 69 bargain, or agreement in writing or otherwise, other than 
 
 416 THE MILITARY LAWS OF THE UNITED STATES. 
 
 delaying, together with his surety or sureties, shall be forth- 
 with prosecuted at law for the recovery of any such sum 
 of money so advanced. 1 
 
 what interest 1182. Nothing contained in the preceding section shall 
 Apr. 21,'igos, c extend, or be construed to extend, to any contract or agree- 
 
 48,8 2, v.2, p. 484; 
 
 Feb.27,i877,v.i9, ment, made or entered into, or accepted, by any incorpo- 
 P 'seci374o, R. s. rated company, where such contract or agreement is made 
 for the general benefit of such incorporation or company; 
 nor to the purchase or sale of bills of exchange or other 
 property by any member of or delegate to Congress, where 
 the same are ready for delivery, and payment therefor is 
 made, at the time of making or entering into the contract 
 or agreement. 
 
 stipuiationthat 1183. In every such contract or agreement to be made or 
 Congress has an entered into, or accepted by or on behalf of the United 
 m Apr 8 21, 1808, c. States, there shall be inserted an express condition that no 
 Feb. 27Ti877,'c.69, : member of [or delegate to] Congress shall be admitted to 
 v 'sec P 374 9 i',B.s. any share or part of such contract or agreement, or to any 
 
 benefit to arise thereupon. 1 
 The same 1184. Every officer who, on behalf of the United States, 
 
 21, 1 
 
 '. 2, p. 48 
 1877,c.f 
 249. 
 
 sec. 3742, B.S. such as are hereinbefore excepted, with any member of or 
 delegate to Congress, shall be deemed guilty of a misde- 
 meanor, and shall be fined three thousand dollars. 1 
 
 contracts to be 1185. All contracts to be made, by virtue of any law, and 
 
 filed with audi- ' . * 
 
 tors. requiring the advance of money, or 111 any manner connected 
 
 is, ". k P. 210.' 8 ' with the settlement of public accounts, shall be deposited 
 
 V*'j' Q7J.'-l H Q 
 
 promptly in the offices of the Auditors of the Treasury, 
 according to the nature of the contracts: Provided, That 
 this section shall not apply to the existing laws in regard 
 to the contingent funds of Congress. 2 Act of July 31, 1894 
 (28 Stat. L.j 210}. 
 
 1 Under sections 3739-3742, Revised Statutes, it is illegal for an officer of the United 
 States to enter into a contract or make a purchase of a firm or association (not 
 incorporated) of which a Member of or Delegate to Congress is a member or in which 
 one is pecuniarily interested, (a) (Dig. Opin. J. A. Gen., 284, par. 16.) 
 
 Paragraph 589 ot the Army Regulations of 1895 prohibits purchases by officers of 
 the Army " from any other person in the military service." Held that this prohibition 
 did not embrace civilians employed in the public service under the War Department, 
 or in connection with the military administration, and therefore did not preclude the 
 making of a contract by an ordnance officer, as representing the United States, with 
 a civil employee at an arsenal, for the use of an invention patented by the latter, (b) 
 (Ibid., par. 17 ) 
 
 The form of a proposed contract contained the stipulation that " no person belong- 
 ing to or employed in the military service of the United States is or shall be admitted 
 to any share or part of this contract." The description "person employed in" is 
 understood to mean all such clerks, mechanics, laborers, or other civilians as are 
 legally employed by the military authorities in or in connection with military works, 
 operations, or other authorized transactions. So where a lowest bidder was a civil- 
 ian laborer at the Springfield Armory, advised that the contract be made with the 
 next lowest bidder, who was under no such iucapacity. (Ibid., 296, par. 52.) 
 
 2 All formal written contracts connected with the settlement of public accounts 
 
 a That section 3739, Revised Statutes, does not affect contracts made with persons 
 who have been simply elected Members of or Delegates to Congress, but havs not 
 actually become such by being sworn in see opinion of the Attorney -General of 
 May 19, 1877 (15 Opins. Att. Gen.), citing 16 ibid., 406. 
 
 6 See U. S. v. Burns, 12 Wallace, 251, 252 ; 10 Opins. Att. Gen., 2 ; 20 ibid., 329. 
 
THE MILITARY LAWS OF THE UNITED STATES. 417 
 
 1186. It shall not be lawful for any officer or person in ,. inspection of 
 
 fuel in District 
 
 the civil, military, or naval service of the United States in f Columbia. 
 the District of Columbia to purchase anthracite or bitumi- 1, v. ie, p. 229.' 
 nous coal or wood for the public service except on condition 
 that the same shall, before delivery, be inspected and 
 weighed or measured by some competent person to be Appointment 
 appointed by the head of the Department or chief of the etc!" 8 
 branch of the service for which the purchase is made from 6, ^ a 28, 2 P .^os'. 8 ' 
 among the persons authorized to be employed in such l * ec ' 3711 B - 8 ' 
 Department or branch of the service: Provided, That the 
 weigher or measurer of the Navy Department may be 
 appointed outside of said Department, and that such 
 weigher and measurer shall give bond and be paid as here- 
 tofore provided by law. The person appointed under this 
 section shall ascertain that each ton of coal weighed by 
 him shall consist of two thousand two hundred and forty 
 pounds, and that each cord of wood to be so measured shall 
 be of the standard measure of one hundred and twenty- 
 eight cubic feet. Each load or parcel of wood or coal 
 weighed and measured by him shall be accompanied by his 
 certificate of the number of tons or pounds of coal and the 
 number of cords or parts of cords of wood in each load or 
 parcel. 1 Act of March 2, 1895 (28 Stat. L., 808). 
 
 1187. The proper accounting officer of the Treasury Appointments 
 shall be furnished with a copy of the appointment of each to decertified to 
 
 . . , , , , . accounting offi- 
 
 inspector. weigher, and measurer appointed under the pre- cer. 
 
 ,. ' . -r-,7 Sec.2,tWd. 
 
 ceding section. Sec. 2, ibid. sec.37i2,B.s. 
 
 should be placed, and should remain, on file in the offices designated by law as their 
 proper depositories. (3 Dig. Compt. Dec., 112.) 
 
 Under paragraph 554 of the Army Regulations of 1895 formal written contracts 
 are to be executed in quiutuplicate, one of which is to be filed, in accordance with 
 section 3743 of the Revised Statutes, with the proper Comptroller of the Treasury, 
 because they are connected with the settlement of public accounts. (Ibid., p. 111.) 
 
 Under section 3743 of the Revised Statutes all contracts iu any manner connected 
 with the settlement of public accounts by the Second, Third, and Fourth Auditors 
 and the Second Comptroller are to be deposited or filed in the Second Comptroller's 
 Office within ninety days after their respective dates. This statutory require- 
 ment includes not only all formal written contracts or specialties in any manner con- 
 nected with the settlement of accounts, but also all properly authorized extensions 
 or other modifications of such contracts, every modification of a contract being in 
 the nature of a new contract and connected with the settlement of accounts. (Ibid., 
 p. 112.) 
 
 Only formal written contracts are required under section 3743 of the Revised 
 Statutes to be filed in the office of the Second Comptroller. Informal contracts and 
 the papers pertaining thereto should be filed with the accounts or vouchers to which 
 they relate, in order to facilitate the examination and revision of accounts and 
 vouchers. (Ibid., 109.) 
 
 A separate notification is required in each case of extension of a contract, so that 
 it can be filed, with the contract to which it pertains, in the office of the Second 
 Comptroller. Otherwise notifications of extensions of contracts will fail of the 
 
 Formal written contracts made and filed in the proper office in pursuance of 
 law must be regarded as necessary in the settlement of public accounts or claims, 
 and therefore can not properly be returned either for cancellation- or amendment. 
 (Ibid.) 
 
 The Second Comptroller is not authorized to deliver to either of the parties to a 
 contract, for any purpose whatever, any contract connected with the settlement of 
 public accounts which has been properly placed in his custody under the provisions 
 of section 3743 of the Revised Statutes. (Ibid.) 
 
 'See also, for further statutory provisions on this subject, the Act of June 14, 
 1878 (20 Stat. L., 131). and sections 12, 13, 14, and 15 of the act of March 2, 1895 
 (28 Stat. L., 813). 
 
 1919 27 
 
418 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 NO payments 1188. It shall not be lawful for any accounting officer to 
 
 i ithoSt el certifi-pass or allow to the credit of any disbursing officer in the 
 
 ca z&id. District of Columbia any money paid by him for purchase 
 
 Sec.37i3,R.s. of anthracite or bituminous coal or for wood, unless the 
 
 voucher therefor is accompanied by a certificate of the 
 
 proper inspector, weigher, and measurer that the quantity 
 
 paid for has been determined by such officer. IMd. 
 
 THE RETURNS OFFICE. 
 
 Par. Par. 
 
 1189. The returns office; con 1191. Penalty for omission to 
 
 tracts to be in writing. make return. 
 
 1190. Oath to return, etc. 1192. Instructions to be furnished. 
 
 j The returns H89. It shall be the duty of the Secretary of War, of the 
 
 omce; contracts 
 
 to j?ne I 2 W i882 I1 c Secretary ^ ^ ne Navy, and of the Secretary of the Interior, 
 s.^ 93, i, v. 12,' p. to cause and require every contract made by them severally 
 sec. 3744, B. s. on behalf of the Government, or by their officers under 
 them appointed to make such contracts, to be reduced to 
 writing, and signed by the contracting parties with their 
 names at the end thereof; a copy of which shall be filed by 
 the officer making and signing the contract in the Returns 
 Office of the Department of the Interior, as soon after the 
 contract is made as possible, and within thirty days, 
 together with all bids, offers, and proposals to him made by 
 persons to obtain the same, and with a copy of any adver- 
 tisement he may have published inviting bids, offers, or 
 proposals for the same. All the copies and papers in rela- 
 tion to each contract shall be attached together by a ribbon 
 and seal, and marked by numbers in regular order, accord- 
 ing to the number of papers composing the whole return. 1 
 
 1 It may be considered as settled that so much of section 3744 as provides that all 
 contracts shall "be reduced to writing and signed by the contracting parties with 
 their names at the end thereof ;T is mandatory, and contracts which do not comply 
 with its requirements are void. In looking at the scope and purpose of this law 
 and at the words in which it is couched, I can not doubt of the intention of Congress 
 in its enactment. To my mind it is clear that it was designed to require every 
 executory contract, at least, to be put in writing so that its terms might not be mis- 
 taken and th at the character and extent of the outstanding engagements of the United 
 States might at all times be known to the Executive and Legislative Departments, or 
 be capableof being ascertained in a reasonable time and with appropriate exactitude. 
 Hendersons U S.. 4C. Cls. R , 75,83. There is no class of cases in which a statute for 
 preventing frauds and perjuries is more needed than in this. And we think that 
 the statute in question was intended to operate as such. It makes it unlawful for 
 contracting officers to make contracts in any other way than by writing signed by 
 the parties This is equivalent to prohibiting any other mode of making contracts. 
 Clark v. U. S., 95 U. S., 539, 542; South Boston Iron Co.. 18 C. Cls. R., 165, 176, The 
 provisions of this section apply to contracts made in emergencies. Cobb et al. v. U. 
 S., 18 C. Cls. R., 514, 532; Clark v. U. S., 95 U. S-, 539 Oners and acceptances by letter 
 are preliminary memoranda only, and do not constitute a valid contract within the 
 meaning of the statute South Boston Iron Co v. TJ S.. 118 D. S., 37, 42. Where, 
 however, a parol contract has been wholly or partly executed on one side, the 
 party performing will be entitled to recover the fair value of his property or serv- 
 ices as upon an implied contract for a quantum meruit. Clark v. U. S., 95 U. S., 539. 
 See also Warren & Goss v. U. S , 23 C. Cls. R., 77; South Boston Iron Co. v. U. S., 18 
 ibid., 165, and 118 TJ. S., 37 ; Clark v. U. S., 95 U. S., 543 ; The International Contracting 
 Co. v. Lamont. 2 Ct. App. D. C., 532. See, also, Lindsley v. U. S., 4 C. Cls. R., 359; 
 Burchiel v. TJ. S., 4 C. Cls. R., 549; Bernheimerv. U. S., 5 C. Cls. R., 65. 
 
 The verification and return provided for in these sections have been held to be 
 
THE MILITARY LAWS OF THE UNITED STATES. 419 
 
 1190. It shall be the further duty of the officer, before oath to return, 
 making his return, according to the preceding section, to sec.2,i&td. 
 affix to the same his affidavit in the following form, sworn Sec - 3746 B - s 
 to before some magistrate having authority to administer 
 
 oaths: "I do solemnly swear (or affirm) that the copy of 
 contract hereto annexed is an exact copy of a contract 
 
 made by me personally with ; that I made the same 
 
 fairly without any benefit or advantage to myself, or allow- 
 ing any such benefit or advantage corruptly to the said 
 , or any other person ; and that the papers accom- 
 panying include all those relating to the said contract, as 
 required by the statute in such case made and provided." 
 
 1191. Every officer who makes any contract, and fails or penalty for 
 neglects to make return of the same, according to the pro- makeVeturas.* 
 visions of the two preceding sections, unless from unavoid- lee.' aVtef B. s. 
 able accident or causes not within his control, shall be 
 
 deemed guilty of a misdemeanor, and shall be fined not less 
 than one hundred dollars nor more than five hundred, and 
 imprisoned not more than six months. 
 
 1192. It shall be the duty of the Secretary of War, of instructions to 
 the Secretary of the Navy, and of the Secretary of the sec.T^. 
 Interior to furnish every officer appointed by them with 
 authority to make contracts on behalf of the Government 
 
 with a printed letter of instructions, setting forth the duties 
 of such officer, under the two preceding sections, and also 
 to furnish therewith forms, printed in blank, of contracts 
 to be made, and the affidavit of returns required to be 
 affixed thereto, so that all the instruments may be as nearly 
 uniform as possible. 
 
 mandatory only upon the officer who made the contract. A contract reduced to 
 writing and executed with all the formality which the law requires, will not be 
 invalidated by a failure of the officer to make a proper return of the same. That is 
 made his exclusive duty by the law. and he alone is to be punished for it by the 
 stringent and severe penalties prescribed by the act. Henderson v. U. S., 4 C. Cls. 
 K., 75, 81 ; Clark v. U. S., 95 U. S., 539 ; Power v. U. S., 18 0. Cls. K., 263. 
 
 A mere understanding or oral agreement can not constitute a contract in the War 
 Department. Were it not indeed for the provisions of section 3744, Revised Statutes, 
 the acceptance of a bid would, under the general law of contracts, bind the United 
 States. But this section has been construed bv the Supreme Court as being in the 
 nature of a statute of frauds and mandatory in its requirements, and therefore mak- 
 ing it essential that a contract, to be legal and obligatory, shall be in writing and 
 signed by the parties, (a) The mere proposal of a bidder, accepted on the part of the 
 Government, does not therefore operate as a contract but is simply a proceeding pre- 
 liminary to contract ; nor does such an acceptance bind the United States to enter 
 into a contract. (Dig. Opin. J. A. Gen., 295, par. 48.) 
 
 It is proper to remark that in the event of a suit being instituted against a prin- 
 cipal or surety on a contract of the United States, the copy of the contract filed in 
 the lleturns Office would have no evidential value, and a copy of the original filed 
 in the office of the Comptroller of the Treasury under the provisions of section 3743, 
 Kevised Statutes (paragraph 1185, supra), would have to be produced subject to the 
 authentication required in section 886 of the Revised Statutes. See paragraphs 
 391-394, ante, for other statutory provisions respecting the returns office. 
 
 Clark v. U. S., 95 U. S., 539 ; South Boston Iron Co. v. U. S., 118 U. S., 37. 
 
420 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 THE EIGHT-HOUR LAW. 
 
 Par. 
 
 1193. Eight hours to be a day's 
 
 work. 
 
 1194. The same; contractors; 
 
 emergencies. 
 
 1195. Penalty for violation by 
 
 officer or contractor. 
 
 Par. 
 
 1196. Present contracts not af- 
 
 fected. 
 
 1197. Penal bond to include se- 
 
 curity for labor and mate- 
 rials. 
 
 1198. Security for costs. 
 
 Eight hours to 1193. Eight hours shall constitute a day's work for all 
 e sec.3738, W R. r s. laborers, workmen, and mechanics who may be employed 
 
 by or on behalf of the United States. 1 
 Thesame; con- H94. That the service and employment of all laborers 
 
 tractors; emer- 
 gencies^ ^^ ^ and mechanics who are now or may hereafter be employed 
 
 27, p. 340.' by the Government of the United States, by the District 
 
 of Columbia, or by any contractor or subcontractor upon 
 any of the public works of the United States or of the said 
 District of Columbia, is hereby limited and restricted to 
 eight hours in anyone calendar day, and it shall be unlaw- 
 ful for any officer of the United States Government or of 
 the District of Columbia or any such contractor or sub- 
 contractor whose duty it shall be to employ, direct, or con- 
 trol the services of such laborers or mechanics to require 
 or permit any such laborer or mechanic to work more Mian 
 eight hours in any calendar day except in case of extraor- 
 dinary emergency. 2 Act of August 1, 1892 (27 Stat. L., 
 340). 
 Penalty for 1195. That any officer or agent of the Government of the 
 
 llror contractor! United States or of the District of Columbia, or any con- 
 tractor or subcontractor whose duty it shall be to employ, 
 direct, or control any laborer 3 or mechanic employed upon 
 any of the public works of the United States or of the 
 District of Columbia who shall intentionally violate any 
 provision of this act, shall be deemed guilty of a misde- 
 meanor, and for each and every such offense shall upon 
 
 1 The eight-hour law is in the nature of a direction from a principal to his agent ; 
 in which third party has no interest. It does not make a contract, nor prevent 
 officers from contracting, by express agreement, for day's labor of more or less than 
 eight hours. (Martin v. D. S., 12 C. Cls. R., 87 and 94 U. S., 400.) 
 
 The eight-hour law does not establish an inflexible rule for the payment of wages 
 Its intent is not to increase wages, but to elevate the condition of laboring men by 
 diminishing their hours of labor. (Averill v. U. S., 14 C. Cls. R.. 200.) 
 
 2 The term 'extraordinary emergency," employed in the first section of the act of 
 August 1, 1892, can not properly be construed in advance as referring or applicable to 
 any particular class of cases. The question whether there is or was such emergency 
 should be left to be determined by the facts of each special instance "".a it arises. A 
 case in which it appeared that a compliance with the statute was not possible might 
 well be held to be one of "extraordinary emergency. (Dig. Opin. J. A. Gen.. 382, 
 par. 6.) 
 
 3 Held, that the term "laborer, 'as used in the act of 1892, was apparently intended 
 in a comprehensive sense, and that to declare certain classes of employment as 
 " peculiar, " and therefore excepted from the operation of the act, would be a restric- 
 tion not warranted by the language of the statute. Thus a proposed regulation, 
 excepting "watchmen, messengers, teamsters, engineers, firemen, seamen," and some 
 others, as not included in the description "laborers and mechanics," not recom 
 mended to be adopted. (Dig. Opin. J. A. Gen., 380, par. 4.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 421 
 
 conviction be punished by a fine not to exceed one thousand 
 dollars or by imprisonment for not more than six months, 
 or by both such fine and imprisonment, in the discretion of 
 the court having jurisdiction thereof. 1 Sec. 2, ibid. 
 
 1196. The provisions of this act shall not be so construed Present con- 
 as to in any manner apply to or affect contractors or sub- fected. 
 contractors, or to limit the hours of daily service of labor- 
 ers or mechanics engaged upon the public works of the 
 United States or of the District of Columbia for which 
 contracts have been entered into prior to the passage of 
 this act. Sec. 3, ibid. 
 
 'The original statute on this subject the act of June 25, 1868, incorporated in 
 section 3738, Revised Statutes merely provided that eight hours should "constitute 
 a day's work " for laborers etc., employed by the United States. It has been held 
 by the Supreme Court (U. S. v. Martin, 94 U - S., 400), (a) that this enactment was 
 merely "a direction by the Government to its agents," not "a contract between the 
 Government and its laborers, that eight hours shall constitute a day's work," and 
 that it did not "prevent the Government from making agreements with them by 
 which their labor may be more (or less) than eight hours a day." The act thus failed 
 of its apparent object. To cure this defect was passed the act of August 1, 1892, 
 chapter 352. Held, therefore, that the term "public works of the United States," 
 used in the first section of the later act, should not be narrowly construed. (Dig. 
 Opin. J. A. Gen., 380, par. 1.) 
 
 Thus held that the construction of levees on the banks of the Mississippi River, 
 in accordance with the plans of the Mississippi River Commission, was a public 
 work of the United States in the sense of the act of August 1, 1892. chapter 352, 
 section 1, although the United States did not own the land. A proprietorship in or 
 jurisdiction over the thing constructed is not necessary. The United States expends 
 
 ~ rivers and harbors, but 
 tion to or over the 
 the title or jurisdiction, but 
 
 who is doing the'work. The construction of these levees is a particular work appro- 
 priated for by Congress and to be contracted for by the United States. It is therefore 
 one of the public works of the United States, and subject to the provisions of this 
 statute.(fc) (Ibid., par. 2.) 
 
 Held, that it was not essential that the requirement of the act of August 1, 1892, be 
 embodied in a contract, the law itself being self-acting. The responsibili ty rests on 
 contractors to comply with it, irrespective of the terms and conditions of their con- 
 tracts. The officers who enter into contracts on behalf of the United States are not 
 charged with the duty of enforcing the law with reference to those with whom they 
 contract, the latter being directly responsible in the matter. Any construction by 
 the AVar Department of the requirements of the act would, if erroneous and not 
 sustained by the courts, be no protection to contractors. (Ibid., p. 381, par. 3.) 
 
 Inquiry having been made of the War Department by certain contractors whether 
 the men employed on dredges, scows, and tugs, on Lake Erie, under contracts with, 
 the United States, were not to be regarded as excepted from the application of the 
 act of 1892, held that it was not the duty or province of this Department to deter- 
 mine such questions, but that the same were for the courts to decide, on trials, under 
 the second section of the act, of persons charged with, violations of its provisions. 
 Neither this or other Department of the Government can lay down rules, or make 
 constructions of the law, for contractors, which would effectually protect them were 
 they brought to trial. (c) (Ibid., p. 382, par. 5.) 
 
 No provision is contained in the act of 1892 for the suspension of its operation, 
 and the Secretary of War has no power to suspend it as to certain work or places of 
 work on the theory that an "emergency" exists as to the same. Nor can he lay 
 down in advance any general rule as to what would be such an emergency as would 
 relieve an officer or contractor from liability, or give him an immunity from prose- 
 cution. The question of the existence of an emergency is to be determined, in the 
 first instance, by the person carrying on, or in charge of the work; in the second, 
 by the court, if the case comes before one. It may be said generally that when the 
 emergency can be foreseen it is not extraordinary; that increased expense and incon- 
 venience can not constitute an emergency which can not be foreseen and guarded 
 against. (Ibid., par. 7.) 
 
 a And see 19 Opin. Att. Gen., 685. 
 
 &In the recent case of U. S. v. Jefferson, 60 Fed. Rep., 736, it is held that seamen 
 employed on a steam snag boat belonging to the War Department, engaged in remov- 
 ing obstructions to navigation, were employed upon a "public work of the United 
 States," and that the master of the boat, in exacting from them more than eight 
 hours labor per diem, was indictable under the act of August 1, 1892. 
 
 cln a communication to the Secretary of War of August 29, 1892, the Attorney- 
 General, whose opinion had been asked with regard to the application in general of 
 the act to the " construction of levees on the Mississippi River," declines to give 
 an official opinion with a view to the guidance of persons who may propose to enter 
 into contract relations with the United States, in the absence of a special case requir- 
 ing the action of the Secretary. (See 20 Opin. Att. Gen., 459.) 
 
 jurisdiction over tne tning constructed is not necessary, me u nite 
 annually more than twenty millions for the improvement of rivers i 
 the greater part of this is done without acquiring title or jurisdicti 
 premises. Tlie question under the act is not in whom is the title or 
 
422 THE MILITARY LAWS OF THE UNITED STATES. 
 
 BONDS TO SECURE PAYMENT FOR LABOR AND MATERIALS. 
 
 securit H97. That hereafter any person or persons entering into 
 andma- a formal contract with the United States for the construc- 
 Aug'. is, 1894, tioii of any public building, or the prosecution and com- 
 pletion of any public work or for repairs upon any public 
 building or public work, shall be required before commenc- 
 ing such work to execute the usual penal bond, with good 
 and sufficient sureties, with the additional obligations that 
 such contractor or contractors shall promptly make pay- 
 ments to all persons supplying him or them labor and 
 materials in the prosecution of the work provided for in 
 such contract; and any person or persons making applica- 
 tion therefor, and furnishing affidavit to the Department 
 under the direction of which said work is being, or has 
 been, prosecuted, that labor or materials for the prosecu- 
 tion of such work has been supplied by him or them, and 
 payment for which has not been made, shall be furnished 
 with a certified copy of said contract and bond, upon which 
 said person or persons supplying such labor and materials 
 nave a ri g nt of action, and shall be authorized to 
 f ur ' brin g suit in the name of the United States for his or their 
 use and benefit against said contractor and sureties and to 
 prosecute the same to final judgment and execution: Pro- 
 vided, That such action and its prosecutions shall involve 
 the United States in no expense. 1 Act of August 13, 1894 
 (28 Stat. L., 278}. 
 
 co!t e 8 curity for 1198 - Provided that in such case the court in which such 
 sec.2,tMd. action is brought is authorized to require proper security 
 for costs in case judgment is for the defendant. Sec. 2, 
 ibid. 
 
 1 When a contract is entered into for the construction of any public building, ^ t 
 the prosecution and completion of any public work, or for repairs on any public 
 building or public work, the contractor will be required, before entering upon per- 
 formance of the same, to include in the bond given for the faithful performance of 
 the contract the further obligation that he will promptly make payments to all per- 
 sons who supply him with labor and materials for the prosecution of the work pro- 
 vided for in such contract. A certified copy of this contract and bond will be 
 furnished to any person who has supplied such laborer materials, upon his appli- 
 cation to the War Department, accompanied by an affidavit chat the labor or mate- 
 rials have been supplied by him and have not been paid for by the contractor 
 
CHAPTER XXXII. 
 
 THE PUBLIC LANDS MILITARY RESERVA- 
 TIONS MILITARY POSTS. 
 
 THE PUBLIC LANDS 1 MILITARY RESERVATIONS. 
 
 Par. 
 
 1199. Lands subject to pre-emp- 
 
 tion. 
 
 1200. Lands not subject to pre- 
 
 emption. 
 
 1201. Military reservations. 
 
 1202. Right of way for highways 
 
 over public lands. 
 
 1203. Eight of way for tramroads, 
 
 canals, and reservoirs. 
 
 1204. Title to land to be exam- 
 
 ined by Attorney-General. 
 
 1205. Restriction on purchases of 
 
 lands. 
 
 1206. Assent of States to purchases 
 
 of lands. 
 
 1207. Power to obtain releases. 
 
 Par. 
 
 1208. Acquisitions of lands for 
 
 public uses by condemna- 
 tion. 
 
 1209. Procedure in condemnation. 
 
 1210. Jurisdiction over reserva- 
 
 tions ; when exclusive. 
 
 1211. Sale of abandoned and use- 
 
 less military reservations. 
 
 1212. Lands on, opened to entry. 
 
 1213. Appraisement, etc. 
 
 1214. Preference to homestead set- 
 
 tlers. 
 
 1215. Secretary of War may lease 
 
 public property not re- 
 quired for use ; exception. 
 
 1199. All lauds belonging to the United States, to which t 
 the Indian title has been or may hereafter be extinguished, 94 J g u " v 
 shall be subject to the right of pre-emption, under the con- g^ 
 ditions, restrictions, and stipulations provided by law. 
 
 Feb. 23, 1875, c. 
 
 99, V. 18, p. 334; 
 
 Apr. 21, 1876, c. 
 
 1 Lands acquired by the United States for public uses, by purchase with the con- 72, v. 19, p. 35. 
 sent of the legislatures of the States, or acquired by an exercise of the right of emi- Shepley et al. v. 
 nent domain, are not "public lands," that term applying only to such lands as are Cowen et al., ill 
 subject to sale or other disposition under general laws. New'hall v. Sanger, 92 U. S., u - S.,330. 
 761; SOpin. Att. Gen., 578. Power over such lands is vested in Congress by the Sec. 2257, K.S. 
 Constitution, without limitation, and is the foundation upon which the territorial 
 governments rest. U. S. v. Gratiot, 14 Pet., 526. The power of Congress over the 
 public land and the effect of its grants can not be interfered with by State legisla- 
 tion. Gibson v. Chouteau, 13 Wall.. 92. 
 
 MILITARY RESERVATIONS. 
 
 ts empowering the President to reserve public 
 s for public uses is recognized by the 
 
 No specific statutory authority exists em 
 lands; but the right to reserve such lan 
 
 courts. 14 Dec. Int. Dep., 426, 607, 628 ; Wolsey v. Chapman, 101 U. S., 755, 768 ; Wol- 
 cott v. Des Moines Co , 5 Wall., 681, Such reservation may be effected by proclama- 
 tion or by Executive .order. 13 Dec. Int. Dep., 426. 
 
 A military reservation, being simply territory of the United States withdrawn 
 
 423 
 
424 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Lands notsub- 1200. The following classes of lands, unless otherwise 
 
 ect to pre-emp- 
 
 ion. specially provided for by law, shall not be subject to the 
 
 o6p$. 4, 1841, c. ii n j i 
 
 16, s. 10, v. 5, p. rights oi pre-emption, to wit : 
 
 je 
 
 ti 
 
 o6p$. 4, 1841, c. 
 
 , s. 10, v. 5, p. ri 
 
 . 1 22i l . First. Lands included in any reservation by any treaty, 
 .f 498 i l aw ? or proclamation of the President, for any purpose. l 
 
 ^iSr' from sale, pre-emption, (a) etc. (7 Opin. Att, Gen., 574, 757; 14ibid.. 775), the mere factof 
 Turner t> Amer- the establishing of such a reservation can not affect the power of the State or Ter- 
 ioan B a t> t i s t r jto r ial authorities (according as it may bo located in a State or Territory), to serve 
 Union 5 Me - p^ v ^ or criminal process therein, or to attach or levy upon personal property, except 
 Lean *344 U S * n so ^ ar< ^ course - as such service may bo specially precluded or restricted by law 
 Rai Iroad aa ^ m i*itary persons in general, (b) Where indeed there has been a cession of 
 Brid (re Com- exclusive jurisdiction over the land by the State to the United States, the question 
 niriv 6 McLean" whether t\ lQ State authorities may still serve process within the reservation on 
 - 
 
 Beebe Hemps u P on the te . rms of tbo cession. (Dig. J. A. Gen., 510, par. 1.) 
 
 7Q . Land which has been set apart as a portion of an Indian reservation, under a 
 
 Sec 2258 B. S. treaty, can not be occupied as a military reservation; nor can even a military post 
 
 * be maintained thereon, in derogation of the terms of the treaty or against the con- 
 
 sent of the Interior Department. (c) Ibid., 512, par. 3.) 
 
 Held that the right to the " free and open exploration and purchase" of mineral 
 
 1 Under this head fall military and Indian reservations, the Yellowstone National 
 Park, and the forest reservations in California set apart by the President under the 
 authority conferred by section 24 of the act of March 3, 1891. See the chapter enti- 
 tled NATIONAL PARKS. 
 
 a The Constitution (Art. IV, sec. 3, 2) has vested in Congress the exclusive power 
 "to dispose of and make all needful rules and regulations respecting the territory" 
 (held in U. S. v. Gratiot (14 Peters, 537) to mean "lands ') "or other property 
 belonging to the United States. ' As a consequence perhaps of the indenniteness 
 of this grant (see 7 Opin. Att. Gen., 574) no general enactment providing for the 
 setting apart of land for military reservations has ever been made by Congress. In 
 a few cases, indeed, a special authority to establish a military reserve has been con- 
 ferred upon the President by statute, but the great majority of the military reserva- 
 tions heretofore located or now existing have been made by the President without 
 any such specific authority whatever. But though no general authority has been 
 directly given by Congress for the reserving of lands for military purposes, an 
 authority for the purpose has been deemed to exist, and this authority is found in the 
 usage of the Executive Department of the Government, as indirectly sanctioned by 
 Congress in repeated preemption acts, acts relating to the survey of the public 
 domain, appropriation acts, etc., in which lands reserved for military purposes by 
 the President have been in general terms excepted from sale, exempted/rom eiury, 
 etc., or special provision has been made for the cost of improvements to be erected 
 upon the same. In Grisar v. McDonald (6 Wallace, 381) the United States Supreme 
 Court, by Field, J., observes : ' ' From an early period in the history of the Government 
 it has been the practice of the President to order, from time to time, as the exigencies 
 of the public service required, parcels of land belonging to the United States to be 
 reserved from sale and set apart for public uses. ' Further, "The authority of the 
 President in this respect is recognized in numerous acts of Congress." The court 
 then cites several statutes as containing this recognition, including the preemption 
 acts of May 29, 1830, and September 4, 1841, and adds: "The action of the President in 
 the making the (military) reservations ' ' (the title to which was at issue in the particu- 
 lar case) " was indirectly approved by the legislation of Congress in appropriating 
 moneys for the construction of fortifications and other public works upon them. 
 And see 12 Opin. Att. Gen., 381; 14 ibid , 182; 17 ibid. ,253; Wilcox v. Jackson, 13 
 Peters, 512; U.S.fl. Hare, 4 Sawyer, 653 ; alsoU. S. v.R. R. Bridge Co.. 6 McLean, 517. 
 
 It is, moreover, to be noted that the provision of the act of 1841, referred to by the 
 Supremo Court, has been incorporated as ageneral enactment in the Revised Statutes 
 in the chapter (chapter 4 of title 32) on preemptions ; section 2258 expressly except- 
 ing from the lands of the United States ''subject to the rights of pre-emption," 
 "lands included in any reservation by any treaty, law, or proclamation of the Presi- 
 dent for any purpose. ? (And see section 2393. specifically excepting military reser- 
 vations from the operation of the laws authorizing the establishing of town sites ) 
 
 The "proclamation" of the President reserving lands for military purposes is 
 usually in the form of a military general order, issued by the Secretary of War, 
 whose act in this, as in other administrative proceedings pertaining to the military 
 administration, is in legal contemplation the act of the President, whom he represents. 
 But no head of a Department or executive official inferior to the President can of his 
 own authority, make a reservation of public lands. The power is vested only in 
 Congress and the President. United States v. Hare, 4 Sawyer, 653. 669. 
 
 In this connection may be noted the ruling of Attorney-General Bates (10 Opins 
 359) in opposition to that of Justice McLean, of the Supreme Court (in U. S. v. The 
 Railroad Bride Co., 6 McLean, 517), but apparently concurred in by Attorney- 
 General Williams (14 Opins., 246), to the effect that where a tract of land of the 
 United States has once been legally reserved for military purposes the President is 
 not empowered, in the absence of authority from Congress, to relinquish such reser- 
 vation and restore the land reserved to the general body of the public lands. 
 
 b As by section 1237, Revised Statutes, exempting enlisted men from arrest for 
 certain debts, or by the operation of the provisions of the fifty-ninth article of war 
 as to the form to be observed in making criminal arrests of military persons. 
 
 c By Article VI, section 2, of the Constitution, ' ' all treaties made under the authority 
 of the United States " are declared to be "the supreme law of the land ;" and Indian 
 reservations " have generally been made through the exercise of the treaty-making 
 power, and in fulfillment of treaty obligations." (14 Opin. Att. Gen., 182.) That land 
 can not be reserved or occupied for military purposes to the prejudice of a title previ- 
 ously vested in an individual or a corporation, see, further, 9 Opin., 339 ; 13 ibid\, 469. 
 
THE MILITARY LAWS OF THE UNITED STATES. 425 
 
 Second. Lands included within the limits of any incor- 
 porated town, or selected as the site of a city or town. 
 
 Third. Lands actually settled and occupied for purposes 
 of trade and business, and not for agriculture. 
 
 lands, accorded to citizens, etc.. by section 2319 He vised Statutes, could not authorize 
 an entry, for the purpose of prospecting for mines upon a military reservation once 
 duly defined and established by the President; the mineral lands intended by the 
 statute being clearly such as are included within the "public lands ' of the United 
 States. (Ibid. ,513, par. 5 ) 
 
 Where certain persons had entered unlawfully upon a military reservation, and 
 had proceeded to cultivate the soil of the same for their personal benefit and to lead 
 off water, needed for the use of the garrison, in order to irrigate the ground so cul- 
 tivated admted that the commandant be instructed to give such person reasonable 
 notice to quit with their property and if they did not comply, to remove them by 
 military force beyond the limits ol the reservation, (a) (Ibid , par. 6.) 
 
 Squatters and other trespassers and intruders may and should be expelled, by 
 military force if necessary, from a military reservation (b). But such persons, when 
 they have been suffered to own and occupy buildings on a reservation, should be 
 allowed reasonable time to remove them. If not removed after due notice the same 
 should be removed by the military. Material abandoned on a reservation by a tres- 
 passer, on vacating, may lawfully be utilized by the commander for completing 
 roads, walks, etc. Squatters on United States reservations may be forced therefrom 
 by criminal proceedings had under section 5388, Revised Statutes, or ejected by civil 
 action. (Ibid., 516, par. 13.) 
 
 Where squatters have made any considerable improvements upon a reservation, 
 and their value has been duly estimated as by a board constituted by the depart- 
 ment commander and presentingin its report all the evidence on the subject an award 
 by the Secretary of War, acquiesced in by the claimant, may be sued upon in the 
 Court of Claims, which (in the absence of evidence of fraud or mistake) will accept 
 such award as conclusive (c). (Ibid., par. 14 ) 
 
 The general principle of the authority to remove trespassers, their structures and 
 property, from land of the United States embraced in a military reservation, held 
 specially applicable where the intrusion was for an injurious purpose, as where the 
 object was to lay a sewer intended to discharge into a main sewer constructed by ^ 
 
 the United States upon and for the use of its own premises. In this instance, as the 
 trespass was committed by the authorities of a municipality, advised that reason- 
 able notice be given them to remove their property before resorting to military force 
 for the purpose, and meantime that precautions be taken to prevent a connection 
 between the proposed sewer and the sewers under the control of the United States. 
 (Ibid., p. 517, par. 16.) 
 
 The cutting of timber on a military reservation is an offense against the United 
 States, made punishable by section 5388, Revised Statutes, as amended by the acts of 
 June 4, 1888, and of March 3, 1875, chapter 151. So. grass cut on a reservation and 
 removed as hay would be personal property of which the asportation would be lar- 
 ceny under the act of March 3, 1875, chapter 144. And persons coming upon a military 
 reservation for the purpose of cutting wood or grass, or to plow up the soil, or com- % 
 
 mit other trespass, may be removed as intruders, and the post commander should 
 not hesitate to resort to military force if necessary for the purpose. And he may of 
 course prevent such trespassers from carrying off with them any property of the 
 United States. (Ibid ., par. 15.) 
 
 In the absence of any statute directly or by necessary implication extending the 
 powers of the local government of the District of Columbia over the military reser- 
 vation and post at the Arsenal in Washington, held (May, 1879) that the health 
 officer appointed by the Commissioners (constituting such government), would not 
 be empowered of his own authority, and without the consent of the military com- 
 mander, to enter upon such reservation and remove or sibate a nuisance deemed by 
 him to exist thereon. The effect of the legislation in regard to the government of 
 the District is to except therefrom the public buildings and grounds of the United 
 States, which are left to the charge of certain specified officials Even farther re- 
 moved from such government is the reservation at the Arsenal, the same beings 
 military post commanded by the President through a military subordinate, and 
 governed by military orders and regulations (Ibid., p. 514, par. 7.) 
 
 The President's power in the matter of military reservations is limited to the 
 setting apart and declaring of the reservation ; and, for the purpose of adding to and 
 modifying the boundaries of, the original reserved tract, a reservation may be re- 
 declared by the Executive. But the President can not unreserve duly reserved 
 land, either by revoking the order of reservation or otherwise. After lands have 
 once been reserved for military purposes, the President, in the absence of authority, 
 from Congress, ia not empowered to withdraw or restore them. By the authority 
 indeed, of the act of July 5, 1884, he may abandon a useless military reservation and 
 turn the lands over to the Interior Department for disposition and sale. Bu the can 
 not rereserve lands once turned over, they being no longer a part of the public do- 
 main, but lands in regard to which Congress has expressed a different \vill. (Ibid., 
 par. 8.) 
 
 Land once duly reserved for a public purpose becomes separated from the mass of 
 
 a As to the authority to remove trespassers from military reservations, see 3 Opin. 
 Att. Gen., 268 ; 9 ibid., 106, 476 ; G. 0. 74, Hdqrs. of Army, 1869. That this authority is 
 not deemed to be affected by the provision of section 15 of the act of June 18, 1878, 
 see chapter entitled EMPLOYMENT OP MILITARY FORCE. See, also, Dig. J. A. Gen., 
 p. 162, par. 6; 165 ibid., par. 9. 
 
 ft See G. O. 62 of 1869. 
 
 cMaddux v. U. 8., 20 C. Cls. R., 193, 199. 
 
426 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Fourth. Lands on which are situated any known salines 
 or mines. 
 
 Military or 1201. The provisions of this chapter 1 shall not apply to 
 tion.etc. military or other reservations heretofore made by the 
 
 177, v.'i4, p. 541 1 United States, nor to reservations for light-houses, custom- 
 
 Feb. 28, 1877,c.74, , ... 
 
 v. 19, p. 264. houses, mints, or such other public purposes as the inter- 
 
 Sec 393 B S 
 
 * ests of the United States may require, whether held under 
 reservations through the Land Office by title derived from 
 the Crown of Spain, or otherwise. 
 
 BIGHTS OF WAY. 
 
 fo^ ig hi hVTI 1202t Tne ri ght of wav for tn e construction of highways 
 lands public ver public lands, not reserved for public uses, is hereby 
 a juiy 26, 1866, c . granted. 2 
 
 262, s. 8, v. 14, p. 253. Sec. 2477, B.S. 
 
 Right of way 1203. That the Secretary of the Interior be, and hereby 
 
 for trararoads, 
 
 cauais.andreser-is, authorized and empowered, under general regulations 
 
 Jan. 21, 1895, v. to be fixed by him, to permit the use of the right of 
 
 way through the public lands of the United States, not 
 
 within the limits of any park, forest, military or Indian 
 
 public lands. So held that a proclamation of the President, issued under an act 
 of Congress, opening to settlement lands in Oklahoma Territory, could not embrace 
 or affect land previously duly reserved as a military timber reservation for the use of 
 the post of Fort Reno. (Ibid., par. 10.) 
 
 In the absence of express statutes limiting his authority, as in the case of military 
 reservations, the President has the same authority to restore lands to the public 
 domain that he had to reserve them for public uses. (14 Dec. Int. Dep., 209, 21 2.) 
 
 The ownership and jurisdiction of the soil between high and low water mark on 
 navigable waters within or bordering upon a State are vested in the State, not in 
 the United States. Tide lands belong to the State only ; the United States has no 
 interest in the soil below high- water mark other than such as may have been ceded 
 by the State, (a) So where a military reservation, within a State, fronted upon 
 
 navigable waters of the United States, at the mouth of the Columbia River, held 
 that the military authorities could not, bjr the removal of fishing nets or fish traps 
 placed below high- water mark, or otherwise, legally prevent or interfere with the 
 exercise of the right of fishery as to scale or shell fish on the tide lands, such right 
 being common to all citizens except in so far as it may be abridged by the State. (&) 
 The Secretary of War is without authority to grant an exclusive right to use the 
 shores of a military reservation for fishing purposes. (Dig. Opin. J. A. Gen., 515, 
 par. 11.) 
 
 As between the United States and a State, the soil of the bed of navigable waters 
 and of the shores of tide waters below high- water mark, or, on rivers not reached 
 by the tide, the soil of the shores below the ordinary water line, as not affected 
 by freshet or unusual drought, belongs to the State. But natural accretions to land 
 owned by private inidviduals belong to the owners of the land. Thus, held that 
 the accretions to Hog Island, in the mouth of the Missouri River, belonged, not to 
 the United States or to the State of Missouri, but to the owner of the island. (Ibid., 
 465,par. 2.) 
 
 Where land proposed to be conveyed by a State to the United States for the pur- 
 
 in aline along the sea, held that such a deed would convey only land extending to 
 and bounded r>y high- water mark, and advised that the grant should be so expressed 
 as specifically to include the shore to low- water mark, and should also embrace such 
 
 1 Chapter 8, Revised Statutes, relating to the reservation and survey of town sites 
 on the public lands. See also the chapter entitled NATIONAL PARKS. 
 
 *Held, that an act of Congress granting a railroad company a right of way 
 through "the public lands" of the United States did not authorize it to enter and 
 construct a track upon the soil of a military reservation, the same being no part of 
 ' ' the public lands,"(c) and that such entry was therefore atrespass. (Dig. J. A. Gen., 
 512, par. 2.) But see section 6, par. 1211, post. 
 
 The right of way through several military reservations has been granted to vari- 
 ous railroads, or other corporate bodies, by express legislation in each case. 
 
 o Pollard's Lessees v. Hogan, 3 Howard, 212; Goodtitle v. Kibbe, 11 Howard, 477; 
 Doer. Bebee, 13 Howard, 25; 6 Opin. Att. Gen., 172. 
 
 dWashburn, Easements and Servitudes, 410; Martin v. Waddell, 16 Peters, 367; 
 Smith v. Maryland, 18 Howard, 71 ; McCready v. Virginia, 94 U. S., 391 ; Lay v. 
 King, 5 Day, 72; Arnold v. Mundy, 1 Halst., 1; Parker v. Cutler, etc., Co., 20 Mame, 
 353; Moultonv. Libbey, 37 ibid., 472; Weston v. Sampson, 8 Gush., 347. 
 
 c Wilcoxt;. Jackson, 13 Pet., 499, 513 ; 5 Opin. Att. Gen., 578 ; 6 ibid., 670 ; 7 ibid., 574. 
 
THE MILITARY LAWS OF THE UNITED STATES. 427 
 
 reservation, for tramroads, canals or reservoirs to the ex- 
 tent of the ground occupied by the water of the canals and 
 reservoirs and fifty feet on each side of the marginal limits 
 thereof ; or fifty feet on each side of the center line of the 
 tramroad, by any citizen or any association of citizens of 
 the United States engaged in the business of mining or 
 quarrying or of cutting timber and manufacturing lumber. 
 Act of January 21, 1895 (28 Stat. L., 635). 
 
 ACQUISITION OF LANDS BY THE UNITED STATES. 
 
 1204. No public money shall be expended upon any site Title to land 
 or land purchased by the United States for the purposes of by Atto^ey- 
 erecting thereon any armory, arsenal, fort, fortification, Sept. 11, i84i, 
 navy-yard, custom-house, light-house, or other public build- ? 6 8 8 ' No - 6>v - 5 ' p - 
 ing, of any kind whatever, until the written opinion of the Sec * 356 ' E * s * 
 Attorney- General shall be had in favor of the validity of 
 the title, nor until the consent of the legislature of the 
 State in which the land or site may be, to such purchase, 
 has been given. The district attorneys of the United 
 
 water-covered lands as would be sufficient to prevent the erection by the authority of 
 the State of structures that might interfere with the proper use of the land for pur- 
 poses of fortifications. (Ibid., par. 3 ) 
 
 In the ease of a Territory, however, the sovereign right to the whole soil is exclu- 
 sively in the United States. Thus the reservation of an island in the tide waters of 
 a Territory includes not only its soil down to high-water mark but all its tide lands 
 also. But in a Territory, in the absence of special regulation of the subject by Con- 
 gress, no executive authority can lawfully restrict the common-law right of piscary 
 of the inhabitants (including the taking of shellfish) in the tide waters of the Ter- 
 ritory. So the commander of a reserved military post, fronting upon navigable 
 water of a Territory, is not empowered to remove from such tide waters the seines 
 or traps of fishermen, though, if the public interests require it, he may forbid or 
 restrict the use of the shore abov"e high-water mark for the hauling of seines or 
 landing of fish. (Dbid., par. 12.) 
 
 The State of Kansas, having surrendered to the United States its jurisdiction over 
 the military reservations of Forts Leavenworth and Riley, by an act of its legisla- 
 ture of February 23, 1872, which was earlier in date than the prohibition laws of the 
 State (having their origin in the constitution adopted November 2, 1880), held that 
 such laws did not extend over and could not be applied to those reservations. (Ibid., 
 p. 517, par. 18.) 
 
 To legalize the use of a public road (State county, or Territorial) across a corner 
 of a military reservation held as follows : (1) The Secretary of War may, under the 
 act of July 5, 1884, section 6, permit the extension of such a road across a military 
 reservation "whenever, in his judgment, the same can be done without injury to 
 the reservation or inconvenience to the military forces stationed thereon ;" (2) or he 
 can abandon to the Secretary of the Interior, under the same act, the strip of the 
 reservation to be traversed by the road, and the latter official can then authorize 
 the road under section 2477, Revised Statutes, by which "rights of way for the con- 
 struction of highways are granted over public lands not reserved for public uses." 
 (Ibid., par. 19.) See section 6, par. 1211, post. 
 
 The occupation of land, by permission of the military authorities, does not con- 
 stitute a settlement that is within the protection accorded bona fide settlers by the 
 act of July 5, 1884. (15 Dec. Int. Dept., 487.) 
 
 The occupation and improvement of land, with a view to preemption, does not 
 except it from a subsequent reservation for military purposes. (15 Dec. Int. Dept., 
 487.) Land reserved for military purposes is not subject to homestead entry (13 
 Dec. Int. Dep., 617; Grisar v. McDowell, 6 Wall, 363, 381) or to entry under the 
 public land laws. (13 Dec. Int. Dep., 628.) 
 
 In the administration of the public lands the decisions of the land department upon 
 questions of fact are conclusive, and only questions of law can be reviewed in the 
 courts. (Catholic Bishop of Nesqually v. Gibbon, 158 U. S., 155.) 
 
 SUPERVISION OP RESERVATIONS. 
 
 Department commanders will supervise all military reservations within the limits 
 of their commands, and'if necessary, will use force to remove trespassers. No 
 license or permission to any civilian to use or occupy any part of a reservation will 
 be given, except by the Secretary of War, unless he be in the employ of the Gov- 
 ernment, or in the family or service of persons there employed. (Par. 210, A. R., 895.) 
 
428 THE MILITARY LAWS OF THE UNITED STATES. 
 
 States, upon the application of the Attorney General, shall 
 furnish any assistance or information in their power in rela- 
 tion to the titles of the public property lying within their 
 respective districts. And the Secretaries of the Depart- 
 ments, upon the application of the Attorney-General, shall 
 procure any additional evidence of title which he may deem 
 necessary, and which may not be in the possession of the 
 officers of the Government, and the expense of procuring 
 it shall be paid out of the appropriations made for the con- 
 tingencies of the Departments respectively. 1 
 Restriction on 1205. No land shall be purchased on account of the 
 
 purchases ol 
 
 land. United States, except under a law authorizing such 
 
 May 1, 1820, c. 
 5 Vec!'3 V 7 
 
 Assent' 'of 1206. The President of the United States is authorized 
 chases of lands, to procure the assent of the legislature of any State, within 
 coifs'. 2, v. 4, p'. which any purchase of land has been made for the erection 
 
 264. 
 
 1 See chapters entitled THE DEPARTMENT OF JUSTICE, CONTRACTS AND PURCHASES. 
 THE ENGINEER CORPS, NATIONAL PARKS aud NATIONAL CEMETERIES for additional 
 provisions respecting the acquisition of lands. " When, in an act appropriating for 
 the purchase of additional land for a public building, the piece of ground to be pur 
 chased is particularly described, the appropriation can not be used for the purchase 
 of another tract equally suitable for the purpose, and at a price within the sura pro 
 vided, although the piece named can not be secured within the amount appropri- 
 ated." (2 Compt. Dec., 77.) See. also, section 1136, Revised Statutes (par. 1216. post), 
 for provision requiring all officers of the United States having title papers of prop- 
 erty purchased or about to be purchased in their possession to furnish the same 
 forthwith to the Attorney-General 
 
 The title to lands purchased on account of the United States is not properly 
 assured by a certificate of "no liens." signed by the attorney who made the abstract 
 of title. The proper person to make such a certificate is the custodian of the 
 records of judgments and other record liens in the county in which the land is 
 located, (a) (Ibid., 631, par. 16.) 
 
 2 In the absence of statutory authority, land can not be purchased for the United 
 States with any more legality than land of the United States can be sold or disposed 
 of. By a provision of an act of May 1, 1820 now contained in section 2736, Revised 
 Statutes, it is declared that 'No land shall be purchased on account of the United 
 States except under a law authorizing such purchase." Held that the term ''pur- 
 chase" was to be understood in its legal sense, as embracing any mode of acquiring 
 property other than by descent; (b) and that therefore the Secretary of War would 
 not be empowered to accept a gift of land or interest in land tor any use or purpose 
 
 independently of statutory authority, (c) And similarly held as to the construction 
 
 of the same word ("purchase") as employed in section 355, Revised Statutes. and 
 advised that an appropriation of public money could not legally be expended for the 
 erection of a public building upon land donated to-the United States until the 
 Attorney-General had passed the title and the legislature of the State in which the 
 land was situated had given its consent to the grant, (d) (Dig. J. A. Gen.. 627, par. 5.) 
 
 The statutory authority relied upon for the purchase of land by a head of a De 
 partment should bo clear and indisputable. Thus, held that authority to purchase 
 additional land for the interment of soldiers could not be derived from the general 
 provision of the annual appropriation act, appropriating a certain sum for maintain- 
 ing the existing national cemeteries (Ibid., 628, par. 6. ) 
 
 A statute conferring a specific authority to purchase certain laud should, in the 
 
 a See G. O. 47 of 1881 for Attorney-General s Regulations as to making deeds, 
 proving title to lands, etc. 
 
 6 See 7 Opin. Att. Gen., 114, 121 ; Ex parte Hebard, 4 Dillon 384. 
 
 cSee this opinion concurred in by an opinion of the Attorney General, in 16 
 Opins., 414. As statutes specially authorizing the acceptance of donations of land, 
 note the early acts of March 20 and May 9, 1794. and. later, theactsof February 18 1867; 
 March 3,1875; June 23,1879. That authority, however, to purchase, and, a fortiori 
 perhaps, to accept a gift of, the necessary land, may bo implied from an appropria- 
 tion act granting a sum of money for a public work requiring for its construction 
 the occupation and use of certain land of an individual or corporation. Seeopiniona 
 of the Attorney-General in 15 Opins. ,212; 16 ibid., 119. 387. In the opinion in 16 
 Opins. , 119, it was held that where no statutory authority whatever existed tor 
 accepting a gift of land a head of a Department would not be justified in accepting 
 the same on the condition that Congress ratify the acceptance and in anticipation of 
 such ratification. ^ 
 
 d But under the implied authority contained in section 1838 Revised Statutes, 
 lands required as sites for forts, arsenals, etc , or needful public buildings, may be 
 purchased (or acquired by gift) without the consent of the State, though in the 
 absence of such consent public money can not, in view of the provisions of section 
 355, legally be expended upon the buildings. (10 Opin. Att. Gen., 35 ; 15 ibid., 212.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 429 
 
 of forts, magazines, arsenals, dockyards, and other needful 
 buildings, without such consent having been obtained. 1 
 
 1207. Whenever any lands have been or shall be con- . ?<" r to ob- 
 
 tain releases. 
 
 veyed to individuals or officers, for the use or benefit of Apr. 23, 1828, c. 
 
 41. a. 3, v. 4 p. 264. 
 
 the United States, the President is authorized to obtain sec.3752,B.s. 
 
 from such person a release of his interest to the United 
 
 States. 2 
 
 1208. That in every case in which the Secretary of the Acquisitions of 
 
 _. j_-i M* f ,t *-* i i i lands for public 
 
 Treasury or any other officer of the Government has been, uses by condem- 
 or hereafter shall be, authorized to procure real estate for Aug! i, 
 the erection of a public building or for other public uses he 25>p< 
 shall be, and hereby is, authorized to acquire the same for 
 the United States by condemnation, under judicial process, 
 whenever in his opinion it is necessary or advantageous to 
 the Government to do so, and the United States circuit or 
 district courts of the. district wherein such real estate is 
 
 exercise of the authority.be strictly construed, Thus, where a statute authorized 
 the Secretary of War to purchase, for a certain stated sum, a certain described tract 
 containing a specified number of acres, held that the act did not invest him with 
 discretion to purchase a portion only of such tract. (Ibid., par. 7.) 
 
 Authority to acquire land in a State, by the exercise of the right of eminent 
 domain, whether by proceedings for condemnation in the United States circuit court 
 or in the courts of the State, (a) can be vested in an executive official of the United 
 States only by express legislation of Congress. 
 
 The Constitution vests in Congress the exclusive power to dispose of the property 
 of the United States, real or personal, (b) . The Secretary of War, in the absence of 
 authority from Congress, can not alienate land of the United States. Thus, where 
 a company proposed to cut out and remove a part of a dam (some 140 feet) on Fox 
 River, Wisconsin, belonging to the United States, and to substitute another, as a 
 private improvement, below, held that this was a proposition for the alienation by an 
 executive official of public property, and could not legally be entertained. Ibid., 630, 
 par. 14.) 
 
 In view of the prohibition of section 3736, Revised Statutes that "no land shall 
 be purchased on account of the United States, except under a law authorizing the 
 same," the Secretary of War can not accept a grant by gift of land or of an ease- 
 ment in land, without authority of special statute [By act of April 24, 1888, he is 
 expressly empowered to purchase, or accept donations of, land for river and harbor 
 improvements.] And held that, in the absence of authority from Congress, a pur- 
 chase of lots in a city cemetery, for the burial purposes of a neighboring military 
 post, would not be legal or operative. (Ibid par. 15.) 
 
 1 The State of South Carolina ceded to the United States, by an act of its legisla- 
 ture of 1794, the land of the present military reservation at Southport S C . the 
 site of old Fort Johnson. A condition of the deed of cession was to the effect that 
 a fortification should be erected on the land within three years and be maintained 
 forever thereafter for the public service, or the land should 'revert to the State The 
 time allowed was repeatedly extended, the last extension expiring in 1818 when a 
 fortification had been constructed it not fully completed. The fort has long since 
 ceased to be garrisoned. In 1889 an individual citizen "entered" the site as State 
 land. Held that this act was without legal authority or effect; that the condition 
 subsequent in the deed was one of the breach of which the grantor, the State, could 
 alone take advantage; and that, as the State had not proceeded to reenter for such 
 breach, the United States was not ousted and could legally continue to hold the 
 premises, (c) (Ibid., par. 18.) 
 
 The act of February 27, 1877 (19 Stat. L., 242), contains a requirement "that it shall 
 be the duty of all officers of the United States having any of the title papers (of 
 property purchased, or about to be purchased, for the erection of public buildings) 
 in their possession, to furnish them, forthwith, to the Attorney General. No public 
 money shall be expended until the written opinion of the Attorney-General shall 
 be had." 
 
 2 All papers relating to the Washington Aqueduct and public buildings and grounds 
 in the District of Columbia will be filed in the office of the Chief of Engineers. All 
 other deeds and papers pertaining to the title or sale of, and any lease, grant, license, 
 or easement of, upon, or over any military reservation or other lands under the juris- 
 diction of the War Department will be filed in the office of the Judge Advocate- 
 General. When any such papers come into the possession of any bureau they shall 
 within five days thereafter be transferred to the office of the Judge-Advocate- 
 General . (Par. 704, A . R . ) 
 
 a See Kohl v. U. S., 1 Otto, 367. 
 
 &16Opin.Att.Gen., 477. 
 
 c See Schulenberg v. Harriman, 21 Wall., 44. 
 
430 THE MILITARY LAWS OF THE UNITED STATES. 
 
 jurisdiction to located, shall have jurisdiction of proceedings for such 
 courts. ' es condemnation, and it shall be the duty of the Attorney- 
 General of the United States, upon every application of the 
 Secretary of the Treasury, under this act, or such other 
 officer, to cause proceedings to be commenced for condem- 
 nation, within tnirty days from the receipt of the applica- 
 tion at the Department of Justice. 1 Act of August 1, 1888 
 (25 Stat. L,, 357). 
 
 Procedure i n 1209. The practice, pleadings, forms and modes of pro- 
 condemnation. . . 
 
 Sec.2,t6td. ceeding in causes arising under the provisions ot tins act 
 
 shall conform, as near as may be, to the practice, pleadings, 
 forms and proceedings existing at the time in like causes in 
 the courts of record of the State within which such circuit 
 or district courts are held, any rule of the court to the 
 contrary notwithstanding. Sec. 2, ibid. 
 
 JURISDICTION OVER RESERVATIONS. 
 
 jurisdiction 1210, The Congress shall have power: 
 
 over reserva-_ -r-.i, -,, ^ 
 
 tions; when ex- To exercise exclusive Legislation in all Cases whatso- 
 Art. i, sec. i, ever, over such District (not exceeding ten Miles square) 
 as may, by Cession of particular States, and the Accep- 
 tance of Congress, become the Seat of the Government of 
 the United States, and to exercise like Authority over all 
 Places purchased by the Consent of the Legislature of the 
 State in which the Same shall be, for the Erection of Forts, 
 Magazines, Arsenals, dock Yards, and other needful Build- 
 ings. 2 Article J, section <S, Constitution of the United States. 
 
 1 The power to 
 
 take private property for public uses, generally termed the right of 
 eminent domain, belongs to every independent government. It is an incident of 
 sovereignty and requires no constitutional recognition. The provision found in the 
 fifth amendment to the Federal Constitution, and in the constitutions of the several 
 States, for just compensation for property taken, is merely a limitation upon the use 
 of the power. It is no partof the power itself, but a condition upon which the power 
 may be exercised. U. S. v. Jones. 109 U. S , 513, 518; Boom Co. v. Patterson. 98 U S.,106; 
 Kohlr. U.S.,91 U.S., 367; Cooley Con. Lim., 526, U. S.V.Oregon Railway and Nav. 
 Co., 16 F. B. f 524. In some instances tbe States, by virtue of their own right of emi- 
 nent domain, havecondemned lands for the use of the General Government, and such 
 condemnations have been sustained by their courts, without, however, denying the 
 rightof the United States to act independently of the States Kohlt>. U. S.,91 U S.. 
 367. 373; Gilmerv. Lime Point, 18 Cal.. 729; Burtv. Merchants Ins. Co.. 106 Mass , 356; 
 U. S.v.Jones, 109 U. S ,513. The estate acquired by such exercise of the rightof 
 eminent domain on the part of the United States may be a fee simple or may be in 
 the nature of an easement. 16 Op. Att. Gen . 387. The legislature is the jadge of the 
 necessity for exercising the right in any case Cooley Const. Law, 527. 
 
 2 Lands may be acquired by the United States, within tbe territory of a State, in 
 anyone of three ways: (1) By purchase without the consent of the legislature of the 
 State within which the lands are situated ; (2) by purchase with such consent, (3) by 
 an exercise of the right of eminent domain. Kohl v. U. S., 91 U. S, 367. 
 
 When the United States acquire lands within the limits of a State, with the con- 
 sent of the legislature of the State, for the erection of forts, arsenals, dockyards. 
 and other needful buildings, the Constitution confers upon them exclusive jurisdic- 
 tion of the tract so acquired; but when they acquire such lands in any other way 
 than by purchase with the consent of the legislature they will hold the lands sub- 
 ject to this qualification ; that if upon them forts, arsenals, or other public build- 
 ings are erected for the uses of the General Government, such buildings, with 
 their appurtenances, as instrumentalities for the execution of its powers, will be 
 free from any such interference and jurisdiction of the State as would destroy or 
 impair their effective use for the purposes designed. Such is the law with reference 
 to all instrumentalities created by the General Government. Their exemption from 
 State control is essential to the independence and sovereign authority of the United 
 States within the sphere of their delegated powers. But when not used as such 
 
THE MILITARY LAWS OF THE UNITED STATES. 431 
 
 SALE OF ABANDONED AND USELESS MILITARY BESER- 
 [/ YATIONS. 
 
 1211. That whenever, in the opinion of the President of , Sa ! e > e , to -. | 
 
 abandoned and 
 
 the United States, the lands, or any portion of them, in- useless military 
 eluded within the limits of any military reservation hereto- July 5, J884, v. 
 fore or hereafter declared, have become or shall become 
 useless for military purposes, he shall cause the same or so 
 much thereof as he may designate, to be placed under the 
 control of the Secretary of the Interior for disposition as 
 hereinafter provided, and shall cause to be filed with the 
 Secretary of the Interior a notice thereof. Act of July 5, 
 1884 (23 Stat. L., 103). 
 
 instrumentalities, the legislative power of the State will be as full and complete as 
 over any other places within her limits Fort Leavenworth R. R. Co. v. Lowe, 114 
 U. S., 525, 539. Where the absolute title to property remains in the United States, 
 no matter for what purpose it is acquired or held, it 13 not subject to State or munic- 
 ipal taxation. Am. and Engl. Ency of Law, vol. 25, p. 110, and cases cited. 
 
 The purchase of lands in a State by the General Government, with legislative 
 consent, does not, ipso facto, confer upon the General Government exclusive juris- 
 diction, unless the purchase is for a fort or for some other purpose distinctly named 
 in Article I, 8, of the Constitution .- and m order that exclusive jurisdiction may be 
 acquired over laud taken for any other purpose, the act providing therefor and call- 
 ing for the consent must unequivocally declare that exclusive jurisdiction is 
 intended and necessary, or such necessity must be manifest from the purpose of the 
 act. Accordingly, held, that the acts of Congress establishing the National Home 
 for Disabled Vo'unteer Soldiers, and creating a corporation authorized to take and 
 hold lands for the purpose of such homes, containing no declaration of the neces- 
 sity of exclusive jurisdiction in the General Government over such lands, do not 
 vest such exclusive jurisdiction in the United States, upon the consent of the State 
 being given to the acquisition of such lands. In re Kelly, 71 Fed. Rep., 545. 
 
 A cession to the General Government, in the act giving the consent of the State to 
 the purchase of such land, of "jurisdiction," does not confer exclusive jurisdiction, 
 the purpose of the act not requiring it, but such jurisdiction only, concurrent with 
 that of the State, as Congress may find necessary for the objects of the cession. 
 Ibid. 
 
 Upon lands so ceded for the purpose of a home for disabled volunteers, the crimi- 
 nal laws of the United States, which apply only to places within their exclusive 
 jurisdiction, are not operative. Ibid. 
 
 A State may cede to the United States exclusive jurisdiction over a tract within 
 its limits in a manner not provided for in the Constitution of the United States ; 
 and may prescribe conditions to the cession, if they are not inconsistent with the 
 effective use of the property for the purpose intended. The reservation which has 
 usually accompanied the consent or the States, that civil and criminal process of 
 the State courts may be served in the places purchased, is not considered as interfer- 
 ing in any respect with the supremacy of the United States over them, but is admitted 
 to prevent them from becoming an asylum for fugitives from justice. Fort Leaven- 
 worth R. R. Co. v. Lowe, 114 U. S., 525, 533. Such reservations provide only "that 
 civil and criminal process, issued under the authority of the State, which must, of 
 course, be for acts done and cognizable by the State, may be executed within the ceded 
 lands, notwithstanding the cession." Not a word is said from which wecaninfer that 
 it was intended that the State should have aright to punish for acts done within the 
 ceded lands. Ibid., 534; United States v. Cornell, 2 Mason, 60; Commonwealth v. 
 Clary, 8 Mass., 72; Mitchell v. Tibbetts, 17 Pick., 298; People v. Godfrey, 17 Johns 
 (N.Y.), 225. 
 
 Residents within such ceded districts have none of the duties and obligations and 
 none of the rights and privileges of citizens of the States within which such lands 
 are situated. They are not subject to taxation; they can not exercise the right of 
 suffrage. 6 Opin. Att. Gen., 577; 10 ibid., 35; Sinks v. Reese, 19 Ohio, 306. They 
 are not entitled to the benefit of the public schools. 1 Met. (Mass.), 580. 
 
 An act of the legislature of a State ceding to the United States the jurisdiction of 
 the State over a tract of land used as a military reservation, upon condition that 
 such jurisdiction shall continue only so long as the United States shall own and 
 occupy such reservation ; that the State shall have the right, within the reservation, 
 to serve civil process and to execute criminal process against persons charged with 
 crime committed within the State, and that roads may be opened and kept in repair 
 within such reservation, cedes to the United States the entire political jurisdiction 
 of the State over the place in question, including judicial and legislative jurisdiction, 
 except as to service of process and opening roads, and the same can not be affected 
 or further limited, without the consent of the United States, by a subsequent act of 
 the State legislature attempting to impose additional restrictions on the jurisdiction 
 ceded. In re Ladd, 74 Fed. Rep., 31. 
 
 After such cession a justice of the peace, acting under authority of the State, has 
 no jurisdiction over the ceded territory in matters of alleged criminal violation of 
 the laws of the State committed on such territory. Ibid. 
 
 It is a general rule of public law, recognized and aeted upon by the United States, 
 
432 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Survey and g EC j. 2. That the Secretary of the Interior may. if in his 
 
 8 u b a i v i sion of . 
 
 lands. opinion the public interests so require, cause the said lands, 
 
 or any part thereof, in such reservations, to be regularly 
 surveyed, or to be subdivided into tracts of less than forty 
 acres each, and into town lots, or either, or both. He shall 
 cause the said lands so surveyed and subdivided, and each 
 Appraised. tract thereof, to be appraised by three competent and dis- 
 interested men to be appointed b.y him, and who shall, 
 after having each been first duly sworn to impartially and 
 faithfully execute the trust reposed in them, appraise the 
 
 that whenever political jurisdiction and legislative power over any territory are 
 transferred from one nation or sovereign to another, the municipal laws of the 
 country, that is, laws which are intended for the protection of private rights, con 
 tinue in force until abrogated or changed by the new government or sovereign. By 
 the cession public property passes from one government to the other, but private 
 property remains as before, and with it those municipal laws which are designed to 
 secure its peaceful use and enjoyment. As a matter of course, all laws, ordinances, 
 and regulations in conflict with the political character, institutions and constitution 
 of the new government are at once displaced * * ' But with respect to other 
 laws affecting the possession, use, and transfer of property, and designed to secure 
 goodorderand peace in thecommunity, and promote its health and prosperity, which 
 are of a strictly municipal character, the rule is general that a change of govern- 
 ment leaves them in force until, by direct action of the new government, they are 
 altered or repealed. Chicago and Pacific R R. v. McGlinn, 114 U. S.,.542, 547; 
 American Insurance Co. v. Cantor, 1 Pet., 542; Halleck Int. Law, ch. 34, sec. 14. 
 
 "While after such cession the municipal laws of the State governing property and 
 property rights continue in force in the ceded territory, except so far as in conflict 
 with the laws and regulations of the United States applying thereto, the criminal 
 laws of the State cease to be of force within the ceded territory, and laws regu- 
 lating the sale of intoxicating liquors, requiring a license therefor, and punishing 
 unlicensed sales, cease to be operative, both as in conflict with the regulations of 
 the United States governing military reservations, and as penal in character. In re 
 Ladd, 74 Fed. Rep., 31. 
 
 Such cessions are "necessarily temporary, to be exercised only so long as the 
 places continue to be used for the public purposes for which the property was ac- 
 quired, or reserved from sale." When they cease to be so used, the jurisdiction 
 reverts to the State. Fort Leavenworth R. R. Co. v. Lowe. 114 U. S., 525, 542. 
 
 A lease by the United States to a city for market purposes, of vacant land which 
 was a part of land ceded by the State to the United States for the purposes of a navy- 
 yard and naval hospital, with a provision that the United States may retain such 
 use and jurisdiction no longer than the premises are used for such purposes, 
 operates, at least while the lease is in force, to suspend the exclusive authority and 
 jurisdiction of the United States over the leased land, and thereby makes it subject 
 to the j urisdiction of State courts in an action for ouster therefrom. Palmer v. Bar- 
 rett, 162 U. S., 399. The character and purposes of the occupation of a reservation 
 haying been officially and legally established by that branch of the Government 
 which has control over such matters, it is not open to the courts, on a question of 
 jurisdiction, to inquire what may be the actual uses to which any portion of the 
 reserve is temporarily put Benson v. U. S., 146 U . S., 331. 
 
 Over lands reservea for military or other governmental purposes in the Territories 
 the jurisdiction of the United States is necessarily paramount. When a Territory 
 is admitted as a State it is within the power of Congress to stipulate for the power 
 of exclusive jurisdiction over such reservations, or to except them from the jurisdic- 
 tion of the State. Failing to do this, however, the State can exercise such authority 
 and jurisdiction over them as over similar property held by private individuals ; and 
 the United States can acquire exclusive jurisdiction only when the same has been 
 
 State in which the lands are si 
 
 the legislature of the State in which the lands are situated. Fort 
 Leavenworth R. R. Co.v. Lowe, 114 U.S., 525. Lands acquired by the United States 
 for public uses, by purchase with the consent of the States, or by an exercise of the 
 right of eminent domain, are not public lands, that term applying only to "such 
 lands as are subject to sale or other disposition under general laws.' 1 Newhall v. 
 Sanger, 92 U S., 761. 
 
 When an act admitting a State into the Union, or organizing a Territorial govern- 
 ment, provides that the lands in possession of an Indian tribe shall not be a part 
 of such State or Territory, the new government has no jurisdiction over them. 
 Langford v. Monteith, 102 U. S., 145. For an example of such a reservation on the 
 part of Congress in the admission of a State into the Union, see the act of July 10, 
 1890 (26 Stat. L., 222), admitting the State of Wyoming. 
 
 'Jurisdiction over territory in a State may be acquired by the United States, under 
 the seventeenth clauseof section 8 of Article I of the Constitution, by the purchaseof 
 such territory, with the consent of the State, 'for the erection of forts, magazines, 
 arsenals, dockyards, and other needful buildings.' The Constitution gives Congress 
 the power of exercising exclusive legislation over such place, and this is held to 
 mean exclusive jurisdiction. The State's consent to the purchase for any one of 
 these constitutional purposes invests the United States with exclusive jurisdiction, 
 and the State can not, even by the express language of its legislation, reserve to 
 
THE MILITARY LAWS OP THE UNITED STATES. 433 
 
 said lands, subdivisions, and tracts, and each of them, and 
 report their proceedings to the Secretary of the Interior 
 for his action thereon. If such appraisement be disap- 
 proved, the Secretary of the Interior shall again cause the 
 said lands to be appraised as before provided ; and when 
 the appraisement has been approved he shall cause the 
 said lands, subdivisions, and lots to be sold at public sale, lic L 8 a ^ 8 at pub " 
 to the highest bidder^ for cash, at not less than the ap- sa j e ondition8 of 
 praised value thereof, nor less than one dollar and twenty- 
 five cents per acre, first having given not less than sixty 
 
 itself any part of this jurisdiction. (The reservation of the right of serving process 
 for causes of action arising outside such territory is not held to be an actual reser- 
 vation of a part of the exclusive jurisdiction intended to be vested in the United 
 States.) But it would seem that this is only true when the purchase is for one of the 
 constitutional purposes. By correct construction, "other needful buildings" would 
 mean buildings of the same character as those specified buildings intended for 
 military or defensive purposes. A more comprehensive meaning has, indeed, been 
 sometimes given to. the expression, but no justification for such construction is 
 found, a 
 " Section 355 of the Revised Statutes is in part based on the clause of the Constitu- 
 
 a In Pinckney's draft of a constitution there was this clause: "To provide such 
 dockyards and arsenals and erect such fortifications as may be necessary for the 
 United States, and to exercise exclusive jurisdiction therein." (This draft was sub- 
 mitted May 29, 1787.) 
 
 There was no corresponding provision in the Constitution reported by the com- 
 mittee of detail (August 6), but the committee of eleven, by report of September 5, 
 recommended the adoption of the clause as it now reads, except that it did not have 
 the words "by the consent of the legislature of the State." In the debate on the 
 proposition "Mr. Gerry contended that this power might be made use of to enslave 
 any particular State by buying up its territory, and that the strongholds proposed 
 would be a means of awing the State into an undue obedience to the General Govern- 
 ment. Mr. King thought himself the provision unnecessary, the power being 
 already involved; but would move to insert, after the word 'purchased,' the words 
 by the consent of the legislature of the State." This would certainly make the 
 power safe." (5 Elliot's Debates, 511.) 
 
 And in The Federalist (No. 43) it is remarked: "Nor would it be proper for the 
 places on which the security of the entire Union may depend to be in any degree 
 dependent on a particular member of it." 
 
 So Story says ( 1224) : 
 
 "The other part of the power, giving exclusive legislation over places ceded for 
 the erection of forts, magazines, etc., seems still more necessary for the public con- 
 venience and safety. The public money expended on such places, and the public 
 property deposited in them, and the nature of the military duties which may be 
 required there, all demand that they should be exempted from State authority. In 
 truth, it would be wholly improper that places on which the security of the entire 
 Union may depend should be subjected to the control of any member of it. The 
 power, indeed, is wholly unexceptionable, since it can only be exercised at the will 
 of the State; and therefore it is placed beyond all reasonable scruple. Yet it did 
 not escape without the scrutinizing jealousy of the opponents of the Constitution, 
 and was denounced as dangerous to State sovereignty. 
 
 And, as observed by Judge Seaman (in re Kelly, 71 Fed. Rep., 545, 549) : 
 
 "The rule thus stated, whereby legislative con sent operates as a complete cession, 
 is applicable only to objects which, are specified in the above provision, and can not 
 be held to so operate, ipso facto, for objects not expressly included therein. Whether 
 it rests in the discretion of Congress to extend the provision to objects not specific- 
 ally enumerated, although for national purposes, upon declaration as 'needful build- 
 ings,' and thereby secure exclusive jurisdiction, is an inquiry not presented by this 
 legislation; and I think it can not be assumed by way of argument that such power 
 is beyond question. In New Orleans v. U. S.,'lO P'et., 662, 737, the opinion of the 
 Supreme Court is expressed by Mr. Justice McLean, without dissent, as follows : 
 
 " 'Special provision is made in the Constitution for the cession of jurisdiction 
 from the States over places where the Federal Government shall establish forts or 
 other military works. And it is only in these places, or in the Territories of the 
 United States, where it can exercise a general jurisdiction.' 
 
 "And in U. S. v. Bevans, 3 Wheat.. 336, 390, the claim was urged that the words 
 'other place' would include a ship of war of the United States lying at anchor in 
 Boston Harbor, and bring it within the statute defining murder committed ' within 
 any fort, arsenal, dockyard, magazine, or in any other place or district of country 
 under the sole jurisdiction of the United States;' but it was stated by the court, 
 through Chief Justice Marshall, that 'the construction seems irresistible that by 
 the words "other place " was intended another place of a similar character with those 
 previously enumerated'; that 'the context shows the mind of the legislature to 
 have been fixed on territorial objects of a similar character.' See also The Feder- 
 alist, No. 43, by Madison." 
 
 . 1919 28 
 
434 THE MILITARY LAWS OF THE UNITED STATES. 
 
 days' public notice of the time, place, and terms of sale, 
 immediately prior to such sale, by publication in at least 
 two newspapers having a general circulation in the country 
 or section of county where the lands to be sold are situate ; 
 and any lands, subdivisions, or lots remaining unsold may 
 be reoffered for sale at any subsequent time in the same 
 manner, at the discretion of the Secretary of the Interior; 
 and if not sold at such second offering for want of bidders, 
 then the Secretary of the Interior may sell the same at 
 private sale, for cash, 'at not less than the appraised value, 
 nor less than one dollar and twenty-five cents per acre: 
 Provided , That any settler who was in actual occupation 
 
 Rights of actu- of any portion of any such reservations prior to the loca- 
 tion of such reservation, or settled thereon prior to Jan- 
 uary first, eighteen hundred and eighty-four, in good faith 
 for the purpose of securing a home and of entering the 
 same under the general laws and has continued in such 
 occupation to the present time, and is by law entitled to 
 make a homestead entry shall be entitled to enter the land 
 so occupied, not exceeding one hundred and sixty acres in 
 a body, according to the Government surveys and sub- 
 divisions: Provided further, That said lands were subject 
 to entry under the public land laws at the time of their 
 withdrawal : And provided further, That all patents hereto- 
 fore issued, and approved State selections, covering any 
 
 Fort Lyon Mil- lands within the old Fort Lyon Military Eeservation, in 
 
 itary Reserva- J J 
 
 tion - the State of Colorado, declared by executive order of 
 
 August eighth, eighteen hundred and sixty-three, are 
 
 tiers g etc f 8et flere by confirmed; and the rights of all entrymen and set- 
 tlers on said reservation to acquire title under the home- 
 stead, preemption, or timber culture laws are hereby recog- 
 nized and affirmed to the extent they would have attached 
 had public lands been settled upon or entered ; and such 
 
 tion referred to, and in part not. The consent of the State to a purchase, given in 
 order to satisfy the requirement of this section, would invest the United States 
 with exclusive jurisdiction, if the purchase be for one of the constitutional pur- 
 poses ; but the section provides for other purposes also, and as to these it would seem 
 that a simple consent to the purchase (assuming that such consent, being for a pur- 
 pose not falling under the clause of the Constitution, amounts to a cession of juris- 
 diction) would only carry with it so much jurisdiction as would be necessary for 
 the purpose of the purchase. Probably this would be held to be concurrent juris- 
 diction. Taking into consideration the fact that States can not, under any circum- 
 stances, interfere with the instrumentalities of the Government of the United States, 
 it may, indeed, be questioned whether, even under this view, unnecessary precau- 
 tions have not been taken in regard to the acquisition of jurisdiction ; and certainly 
 it can not be presumed that a State intends to part with more of its sovereignty 
 than is necessary. A consent to the purchase, under section 355, Revised Statutes, 
 if the purchase be for other than one of the purposes described in the clause of the 
 Constitution, may, therefore, be accompanied with any limitations not interfering 
 with an instrumentality of the Government of the United States. 
 
 "The most common way of acquiring jurisdiction, however, is by the State's 
 expressly ceding it to the United States. In such case the State may make similar 
 limitations, and this even if the place be used by the United States for one of the 
 purposes mentioned in the clause of the Constitution. To bring the case under the 
 clause there must be a purchase with consent. (Fort Lea venworth R.R. Co. v, Lowe, 
 114 U. S., 539 ; In re Kelly, 71 F. R., 545.) " (J. A G.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 435 
 
 portions of said reservation as shall not have been entered P or t ion 8 of 
 
 reservation, etc. ; 
 
 or settled upon< as aforesaid shall be disposed of by the disposal of. 
 Secretary of the Interior under the provisions of this act, 
 including lands that may be abandoned by settlers or 
 entryraen. Sec. 2, ibid. 
 
 SEC. 3. That the Secretary of the Interior shall cause any of j?jJJ; i8 Jf J* 
 improvements, buildings, building materials, and t neran i d ec p 3^ d 8ale ' 
 property which may be situate upon any such lands, sub- 
 divisions or lots not heretofore sold by the United States Conditions of 
 authorities, to be appraised in the same manner as herein- 
 before provided for the appraisements of such lands, sub- 
 divisions, and lots, and shall cause the same, together with 
 the tract or lot upon which they are situate, to be sold at 
 public sale, to the highest bidder for cash, at not less than 
 the appraised value of such land and improvements, first 
 giving the sixty days' notice as hereinbefore provided; or 
 he may, in his discretion, cause the improvements to be 
 sold separately, at public sale for cash, at not less than 
 the appraised value, to be removed by the purchaser within 
 such time as may be prescribed, first giving the sixty days' 
 public notice before provided; and if in any case the lands 
 and improvements, or the improvements separately, as the 
 case may be, are not sold for want of bidders, then the 
 Secretary of the Interior may, in his discretion, cause 
 the same to be reoflfered for sale, at any subsequent time, 
 in the same manner as above provided, or may cause the 
 same to be sold at private sale for not less than the ap- 
 praised value: Provided, That where buildings or improve- 
 ments have been heretofore sold by the United States 
 authorities the land upon which such buildings or improve- Lands to be 
 ments are situate not exceeding the smallest subdivision owners of r buiid 
 or lot provided for by this act upon the reservation on pavements. 1 " 
 which said buildings are situate shall be offered for sale to 
 the purchaser of said improvements and buildings at the 
 appraised value of the lands and if said purchaser shall 
 fail for sixty days after notice to complete said purchase 
 of lands the same shall be sold under the provisions of 
 this act: And provided further That the proceeds of the Proceeds of 
 military reservation lands sold on Bois Blanc Island ndarBoi e a < Biano i 
 to Fort Mackinaw military reservation shall be set apart foMmproVement 
 as a separate fund for the improvement of the National park N e?c tlonaI 
 Park on the Island of Mackinaw Michigan under the di- n stat ' 87 ' 
 rection of the Secretary of War. Sec. 3, ibid. 
 
 SEC. 4. That the provisions of the act of August eight- 
 
 eenth, eighteen hundred and fifty-six, relative to military vations in 
 reservations in the State of Florida, and the sixth section 
 
436 THE MILITARY LAWS OF THE UNITED STATES. 
 
 of the act of June twelfth, eighteen hundred and fifty- 
 eight, relative to the sale of military sites be, and the same 
 are hereby, repealed. Sec. 4, ibid. 
 
 Lands contain- SBC. 5. Whenever any lands containing valuable mineral 
 p D o?it8 Subject to deposits shall be vacated by the reduction or abandonment 
 Sws e of a united of any military reservation under the provisions of this act, 
 the same shall be disposed of exclusively under the min- 
 eral land laws of the United States. Sec. 5, ibid. 
 Secretary of SEC. 6. The Secretary of War shall have authority, in his 
 cer'taTn frfvi- discretion, to permit the extension of State, county, and 
 of S b e ridges, 6C ex n Territorial roads across military reservations; to permit 
 etc. 8101 ld8 ' the landing of ferries, the erection of bridges thereon ; and 
 permit cattle, sheep or other stock animals to be driven 
 across such reservation, whenever in his judgment the 
 same can be done without injury to the reservation or in- 
 convenience to the military forces stationed thereon. Sec. 
 6, ibid. 
 
 to L en^y. opened 1212 That a11 lands not already disposed of included 
 Iu 2 g ' P 23 10 1894 w ithi n the limits of any abandoned military reservation 
 v. 28, p. 49i. heretofore placed under the control of the Secretary of the 
 Interior for disposition under the Act approved July fifth, 
 eighteen hundred and eighty-four, the disposal of which 
 has not been provided for by a subsequent Act of Congress, 
 where the area exceeds five thousand acres, except such 
 legal subdivisions as have Government improvements 
 thereon, and except also such other parts as are now or may 
 be reserved for some public use, are hereby opened to settle- 
 ment under the public-land laws of the United States, and 
 Preferences to a preference right of entry for a period of six months from 
 
 homestead set- . 
 
 tiers. the date of this Act shall be given all bona fide settlers 
 
 who are qualified to enter under the homestead law and 
 have made improvements and are now residing upon any 
 agricultural lands in said reservations, and for a period of 
 six months from the date of settlemeat when that shall 
 occur after the date of this Act: Provided, That persons 
 who enter under the homestead law shall pay for such lands 
 
 Payments. no ^ j ess than the value heretofore or hereafter determined by 
 appraisement, nor less than the price of the land at the time 
 of the entry, and such payment may, at the option of the 
 purchaser, be made in five equal installments, at times and 
 at rates of interest to be fixed by the Secretary of the 
 Interior. Act of August 23, 1894 (28 Stat. ., 491). 
 Appraisements, m3t That no thing contained in this Act shall be con- 
 
 sec.2,twd. strued to suspend or to interfere with the operation of 
 the said Act approved July fifth, eighteen hundred and 
 eighty-four, as to all lands included in abandoned military 
 
THE MILITARY LAWS OF THE UNITED STATES. 437 
 
 reservations hereafter placed under the control of the Sec- 
 retary of the Interior for disposal, and all appraisements 
 required by the first section of this Act shall be in accord- 
 ance with the provisions of said Act of July fifth, eighteen 
 hundred and eighty-four. Sec. 2, ibid. 
 
 1214. That the provisions of the Act approved August ho ^ r e e 8 f S ce 8 e t 
 twenty-third, eighteen hundred and ninety-four, entitled tlers - 
 
 "An Act to provide for the opening of certain abandoned Z / Q \^ 1895) v - 
 military reservations, and for other purposes," are hereby 
 extended to all abandoned military reservations which 
 were placed under the control of the Secretary of the Inte- 
 rior under any law in force prior to the Act of July fifth, 
 eighteen hundred and eighty-four. That the preference 
 right of entry given to actual settlers by the terms 
 of the act to which this is an amendment shall, so far 
 as the lands to which the provisions of said Act are 
 extended, take effect and continue for six months from 
 the date of this amendatory Act. Act of February 15, 1895 
 (28 Stat. L., 664). 
 
 LEASES OF PUBLIC PROPERTY NOT REQUIRED FOR 
 PUBLIC USE. 
 
 1215. That authority be, and is hereby, given to the Sec- Secretary 
 
 * i i . , L MI T. * ^ War ma y lease 
 
 retary of Vv ar, when in his discretion it will be for the public property 
 
 public good, to lease, for a period not exceeding five years Sse. 
 
 and revocable at anytime, such property of the United 21^321.' 1892 ' v ' 
 
 States under his control as may not for the time be required 
 
 for public use and for the leasing of which there is no 
 
 authority under existing law, and such leases shall be 
 
 reported annually to Congress: Provided, That nothing 
 
 in this act contained shall be held to apply to mineral 
 
 or phosphate lands. 1 Act of July 28, 1892 (27 Stat. L., 
 
 321}. 
 
 1 A license is an authority, revocable at pleasure, to do a particular act or series of 
 acts upon the land of another without possessing an estate therein. (Morgan v. 
 U. S., 14 C. Cls. R., 319.) See also Dig. J. A. Gen., 476-480. 
 
 The Constitution (Art. IV, sec. 3, par. 2) provides that " The Congress shall have 
 power to dispose of, and make all needful rules and regulations respecting, the ter- 
 ritory or other property belonging to the United States." The scope of this provi- 
 sion is most comprehensive, the authority conferred thereby upon the legislative 
 branch of the Government being held to extend from the formation of a territorial 
 government to the matter of the sale of a small amount of personalty. That neither 
 land nor any interest in land of the United States can be sold or otherwise disposed 
 of by the head of an Executive Department or other executive oth'cial, or by a mili- 
 tary' officer, without the authority of Congress is settled law. (a) 
 
 In the absence of such authority, the lands of the United States, whether held by 
 original proprietorship or acquired by purchase or gift, or by conquest, can not, even 
 for a purely benevolent or religious purpose, be given away, any more than they can 
 be transferred for a valuable consideration. Nor without such authority can they 
 
 a This fundamental rule of our public law is expressed by Attorney- General Hoar 
 (13 Opins., 46) as follows: "I am clearly of opinion that -the Secretary of War can 
 not convey to any person any interest in land belonging to the United States, except 
 in pursuance of an act of Congress expressly or impliedly authorizing him to do so." 
 And see United States v. Nichols, 1 Paine, 646 (cited post) ; Seabury v. Field, McAl- 
 lister, 1; United States v. Hare, 4 Sawyer, 653, 669. 
 
438 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 MILITARY POSTS. 
 
 Par. 
 
 1216. Permanent barracks. 
 
 1217. No contract to exceed appro- 
 
 priation. 
 
 1218. Expenditures exceeding $500 
 
 to be made by contract. 
 
 1219. Trading establishments. 
 
 1220. Post traders. 
 
 Par. 
 
 1221. Vacancies not to be rilled. 
 
 1222. Post schools. 
 
 1223. Post bakeries. 
 J224. Post exchanges. 
 
 1225. Sale of alcoholic liquors re- 
 stricted. 
 
 1216. Permanent barracks or quarters and buildings and 
 sec.ii36,R.s. structures of a permanent nature sliall not be constructed 
 unless detailed estimates shall have been previously sub- 
 mitted to Congress, and approved by a special appropria- 
 tion for the same, except when constructed by the troops; 
 and no such structures, the cost of which shall exceed 
 twenty thousand dollars, shall be erected unless by special 
 
 be conveyed temporarily by lease, whether for a short or long term, (a) (Dig. J. A. 
 Gen., 623, par. 1.) 
 
 Nor, without authority from Congress, can an Executive Department or officer con- 
 vey away any usufructuary interest in land of the United States. Thus it has been 
 repeatedly held by the Judge- Advocate-General that the Secretary of War (or a 
 military commander) was not empowered, of his own authority, to grant a right of 
 way over a military reservation to a railroad company or other corporation, and in 
 numerous statutory enactments such a right has been expressly given by Congress 
 as the only authority competent for the purpose. 
 
 And such rights when given can be exercised only within the terms of the grant. 
 Thus where by an act of Congress there was granted to a railroad company a limited 
 and defined right of way across a military reservation (occupied by a military post), 
 held that the company was authorized simply to construct a track or roadway, and 
 was not empowered to put up depots, stock yards, cattle pens, or other erections 
 upon the land, or to appropriate land otherwise than for the roadway. (b) 
 
 So held that the Secretary of War could not, of his own authority, grant, in consid- 
 eration of the payment of toll to the United States, a right of way over a bridge be- 
 longiug to the United States. So held that the Secretary could not legally grant to a 
 company or individual the right to erect and maintain for an indefinite period a hotel 
 on the military reservation at Sandy Hook.(c) So held that the Secretary would 
 not be authorized to transfer a lot belonging to the United States in Washington to 
 the Commissioners of the District of Columbia for the erection of a hospital. So 
 held that neither the Secretary of War nor a department commander could grant to 
 an individual or individuals the exclusive right to use for an indefinite period certain 
 water power belonging to the United States, nor the exclusive right to mine the soil 
 of a military reservation for a certain term of years, nor a similar right to make and 
 maintain for an indefinite period ditches through a portion of such a reservation for 
 the purpose of irrigating the lands of private parties, nor the right annually to enter 
 upon and occupy a military reservation and cut and possess the hay crop growing 
 thereon, (d) nor the right permanently or indefinitely to occupy and use a portion of 
 a reservation for a burying ground. (Ibid., 624.) 
 
 Held, however, that a distinction was to be observed between a grant of a usu- 
 fructuary interest in land and a revocable license not involving a transfer of such 
 
 a See Friedman v. Goodwin, 1 McAllister, 148, where a lease made by the post 
 commander at San Francisco of a part of a " Government reserve, " though approved 
 by the military governor of the then Territory, and also by the Secretary of the 
 Interior, was held void because not authorized by Congress. The court declares the 
 "utter impotency of any attempt by an officer of the Government to alien any land, 
 the property of the United States, without the authority of an act of Congress;" 
 adding that "the President with the heads of the Departments combined" could 
 not effect such an object. And see 4 Opins. Att. Gen., 480; 9 ibid., 476; 13 ibid., 46; 
 United States v. Hare, 4 Sawyer, 670-671. In the last case the court say: "The 
 Secretary of the Treasury can not execute or approve of a lease of any property be- 
 longing to the United States without special authority of law." 
 
 6 See this opinion affirmed by the Attorney-General in 14 Opins., 135. 
 
 c See confirmatory opinion of the Attorney-General in 16 Opins., 205. In this case 
 there was the further objection that the State of New Jersey, in ceding to the United 
 States jurisdiction over the premises, by deed of March 10, 1846, had expressly de- 
 clared that the grant was " for military purposes ;" adding "and the said United 
 States shall retain such jurisdiction so 'long as the said tract shall be applied to the 
 military or public purposes of the said United States, and no longer." 
 
 d A fortiori in regard to growing timber. See Spencer v. United States, 10 C. 
 Cls.B.,255. 
 
THE MILITARY LAWS OF THE UNITED STATES. 439 
 
 authority of Congress. It shall be the duty of all officers 
 of the United States having any of the title-papers (prop- Title japers. 
 erty purchased, or about to be purchased, for erection of 
 public buildings) in their possession, to furnish them forth- 
 with to the Attorney-General. ISTo public money shall be 
 expended until the written opinion of the Attorney-General 
 shall be had. 
 
 1217. No contract shall be entered into for the erection. NO contract to 
 
 n . , . j, , ,. , ., ,. exceed appropri- 
 
 repair, or furnishing of any public building, or for anyation. 
 public improvement which shall bind the Government to 233.V 3,v. is,'p! 
 pay a larger sum of money than the amount in the Treasury see. 3733, R. s. 
 appropriated for the specific purpose. 1 
 
 1218. That hereafter no expenditures exceeding five hun- excSIS 
 dred dollars shall be made upon any building or military 2 3 J p. 1 ii 1 1 Fe 
 post, 2 or grounds about the same, without the approval O f 1893 v - 2 7,p. 
 the Secretary of War for the same, upon detailed estimates 
 
 an interest, (a) Thus held that the Secretary of War would be authorized to permit a 
 telegraph company to erect posts upon a military reservation and attach to the same 
 telegraph wires, subject to their being removed at the will of the Government, it 
 found to interfere with the purposes for which the reservation was established. So 
 held that a municipal corporation might legally be permitted by the Secretary of 
 War to lay water pipes in the soil of the arsenal grounds at Springfield, Mass., the 
 same being equally for the benefit of the military authorities and the citizens, and 
 subject to removal at the will of the Government. And held that a post trader might 
 legally be licensed by the Secretary of War to erect the buildings necessary for his 
 business upon the land of the post forwhich he was appointed, (b) But held thatthe 
 Secretary of War was not empowered to accede to the application of an individual to 
 establish a ferry across a river within the limits of a military reservation, where 
 what was asked was not a mere license revocable at the will of the Secretary, but a 
 permanent franchise and grant of an exclusive usufructuary interest in the prem- 
 ises, including even the right to charge tolls to the United States. And similarly 
 held in a case of an application to be permitted to erect and maintain a permanent 
 bridge across a river forming a boundary of a military reservation, one end of which 
 was to be built upon the soil of the reservation, the application contemplating not a 
 mere license revocable at the will of the Government, but a permanent right of 
 property in the bridge, involving an easement in the land. (Ihid., 625.) 
 1 The custody of a public buildi 
 
 ling, in the absence of a statute, an appropriation, a 
 regulation, or the order of the head of an Executive Department, is vested in the 
 officer having it in his official possession. (Gray v. U. S., 23 C. Cls. R., 323.) 
 
 2 A military station is merely synonymous with the term "military post," and 
 means a place where troops are assembled ; where military stores, animate and inan- 
 imate, are kept and distributed ; where military duty is performed or military pro- 
 tection afforded; where something, in short, more or less closely connected with 
 arms or war is kept or ia to be done. (Phisterer v. U. S., 12 C. Cls. K., 98, 107.) 
 
 Permanent military posts are established under the direction of the Secretary of 
 War, by whom their names will be designated. (Par. 198, A. R., 1895.) 
 
 Permanent posts will be styled "Forts," and points occupied temporarily by 
 troops, "Camps." (Par. 199, ibid.) 
 
 The commander of a post is responsible for its safety and defense, and for the 
 discipline, drill, and tactical instruction of his command, to which ends all other 
 garrison duties will be made subservient. He will be responsible for the preserva- 
 tion and proper application of public property, for the strict enforcement of laws 
 and regulations, and for the proper condition of quarters and defenses. He will 
 make an inspection of his command on the last day of every month, will satisfy 
 himself by frequent personal examination that the disbursements of all officers in 
 charge of funds are in accordance with law and regulations and their accounts cor- 
 rectly stated, and will make such reports of these inspections and examinations as 
 the department commander may direct. (Par. 200, ibid.) 
 
 The staff of a post commander will consist of such staff officers as are on duty at 
 the post and such line officers as may be required for staff duties. Their official 
 designations will be as follows: Adjutant, quartermaster, commissary, surgeon, 
 
 a See this distinction recognized in opinions of the Attorney-General of October 1 
 and "November 22, 1878 (16 Opins., 152, 205), in the former of which it was held that 
 the Secretary of the Navy was not empowered to authorize the city of Chelsea, 
 Mass., to continue one of its main sewers through the grounds of the United States 
 Naval Hospital. 
 
 6 See 14 Opin. Att. Gen., 125. 
 
440 THE M-ILITARY LAWS OF THE UNITED STATES. 
 
 by the Quartermaster's Department; and the erection, con- 
 struction, and repair of all buildings and other public 
 structures in the Quartermaster's Department shall, as far 
 as may be practicable, be made by contract, after due legal 
 advertisement. 1 Act of February 27, 1893 (27 Stat. L., 484). 
 
 POST TRADERS. 
 
 Trading estab- 1219. The Secretary of War is authorized to permit one 
 
 lishments. 
 
 July 15, 1870, c. or more trading establishments to be maintained at any 
 
 294 s 22 v. 16, p. 
 
 319'. military post on the frontier not in the vicinity of any city 
 
 ' or town, when he believes such an establishment is needed 
 
 for the accommodation of emigrants, freighters, or other 
 
 citizens. The persons to maintain such establishments 
 
 shall be appointed by him, and shall be under protection 
 
 and control as camp-followers. 2 
 
 Iec t 3 tI jSi r8 24 1220. That every military post may have one trader, to 
 
 1876, v. i9, p. ioo.' b e appointed by the Secretary of War, on the recommenda- 
 tion of the council of administration, approved by the com- 
 manding officer who shall be subject in all respects to the 
 
 assistant surgeon, engineer officer, ordnance officer, and signal officer. (Par. 203, 
 ibid.) 
 
 The official address of the senior medical officer at a post will be 
 
 The Surgeon, Fort , 
 
 and in like manner the official addresses of the other staff officers of a post will be, 
 respectively: The Adjutant, The Quartermaster, The Commissary The Engineer 
 
 Officer, The Ordnance Officer and The Signal Officer, Fort . (Dec. Act. 
 
 Sec. War, Dec. 11, 1895. 29456 A. G. O., 1895. Circular No. 2, A. G. 0., 1896.) 
 
 Expenditures of labor, money, or material upon posts will be strictly limited to 
 the amounts allowed by law and regulations. (Par. 204, A. R., 1895.) 
 
 When practicable, temporary buildings for the use of the Army will be erected by 
 its enlisted force, and necessary repairs of public buildings at garrisoned posts not 
 appropriated for or specially authorized will be made by the troops. (Par. 205, 
 ibid.) 
 
 In case of emergency, when reference to higher authority is impracticable, depart- 
 ment commanders may order the purchase of material and engagement of services 
 necessary for the preservation of public buildings or property, not to exceed in 
 amount $500 for any post, but no greater sum will be expended without the sanction 
 of the Secretary of War. ( Par. 206, ibid. ) 
 
 Post commanders are authorized to assist mail contractors with Government 
 transportation, provided it can Le spared without detriment to the service, when 
 through accident or unavoidable casualty, they are deprived of the means necessary 
 to fulfill their contracts Such assistance must cease as soon as the contractor can 
 by exercise of proper diligence, resupply himself with transportation. Rece'pts 
 for the property loaned will be taken, which in the event of its loss or damage will 
 be forwarded, with a report of facts, to the Adjutant- General of the Army, tha the 
 amount involved may be collected from the contractor through the Post-Office De 
 partment. (Par. 207, ibid,) 
 
 At posts supplied with ordnance and with ammunition for the purpose, a morning 
 and evening guu will be fired daily at reveille and retreat. (Par. 208, ibid.) 
 
 POST RECORDS. 
 
 The following books of record will be kept at each post : An order book, a letters- 
 received book, an index book for letters received, a letters-sent book, an index book 
 for letters sent, a post council of administration book, furnished by the Quarter- 
 master's Department ; a morning report book, and a guard report book, furnished 
 by the Adjutant-General of the Army; a post exchange council book, provided by 
 the post exchange. All copies of all returns and reports rendered, if not contained 
 in the book of orders received, letters sent, all letters received which are not required 
 to be returned ; in fine, all official papers which relate to post administration, and 
 which are required to be kept at the post, will De filed and preserved as a part of 
 the post records. The records will not be removed from the post except on its dis- 
 continuance. Commanding officers will see that the records are accurately kept and 
 are properly transferred to their successors. (Par. 209, ibid.) 
 
 1 This provision was repeated in the annual acts of appropriation from that of July 
 5, 1884, to that of February 27, 1893 (27 Stat. L., 484). 
 
 2 But see paragraph 1221, post, for the requirement of the act of January 28, 1893, 
 that t raderships, as they become vacant, are not to be filled. 
 
THE MILITARY LAWS OP THE UNITED STATES. 441 
 
 rules and regulations for the government of the Army. 1 
 Sec. 3, act of July 24, 1876 (19 Stat. L., 100). 
 
 1221. That where a vacancy now exists or hereafter vacancies not 
 occurs in the position of post trader at any military post it jan. 28,i893,v. 
 shall not be filled, and the authority to make such appoint- 27 ' p ' 426 ' 
 ment is hereby terminated : Provided, That in the event ot 
 
 the death of a post trader his personal representative shall 
 be allowed by the Secretary of War a reasonable time in 
 which to close the business. Act of January 28, 1893 (27 
 Stat. L., 426). 
 
 POST SCHOOLS. 
 
 1222. Schools shall be established at all posts, garrisons. Post schools. 
 
 I- j Sec. 27, July 28, 
 
 and permanent camps at which troops are stationed, in ISM, v.u, p. 336. 
 which the enlisted men may be instructed in the common 
 English branches of education, and especially in the his- 
 tory of the United States ; and the Secretary of War may 
 detail such officers 2 and enlisted men as may be necessary 
 to carry out this provision. It shall be the duty of the 
 post or garrison commander to set apart a suitable room 
 or building for school and religious purposes. 
 
 POST BAKERIES. 
 
 1223. That for the current fiscal year and thereafter there 
 may be expended from the appropriation for regular sup- 
 plies the amounts required for the necessary equipments 26> p - 152< 
 of the bake-house to carry on post bakeries; for the neces- 
 sary furniture, text- books, paper and equipments of the 
 
 post schools; for the tableware and mess furniture for 
 kitchens and mess halls ; * * * each and all for use of 
 the enlisted men of the Army. 3 Act of June 30, 1890 (26 
 Stat. L., 152). 
 
 POST EXCHANGES. 
 
 1224. That hereafter no money appropriated for the sup- Postexchanges 
 
 v andpostgardens. 
 
 port of the Army shall be expended for post gardens or July ie, 1392, v. 
 exchanges ; but this proviso shall not be construed to pro- 
 hibit the use, by post exchanges, of public buildings or 
 public transportation when, in the opinion of the Quarter- 
 master General, not required for other purposes. Act of 
 July 16, 1892 (27 Stat. L., 178). 
 
 'But see paragraph 1221, post, for the requirement of the act of January 28, 1893, 
 that traderships, as they become vacant, are not to be filled. 
 
 2 For statutory duties of post and regimental chaplains in respect to post schools see 
 the chapter entitled POST CHAPLAINS. For regulations in regard to post schools 
 see paragraphs 317-324, Army Regulations of 1895. For provisions of statutes 
 respecting text-books, supplies of paper, etc., see paragraph 1223, post. 
 
 3 For regulations in respect to the management and administration of post baker- 
 ies see paragraphs 304-309, Army Regulations of 1895. 
 
442 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Uquo e rs f a et? h "e c 1225i Tnat no alcotlolic liquors, beer or wine, shall be sold 
 stricted. or supplied to the enlisted men in any canteen, or post 
 
 June 13, 1890, v. m 
 
 26, p. 154. trader's store, or in any room or building at any garrison or 
 
 military post, in any State or territory in which the sale of 
 alcoholic liquors, beer or wine is prohibited by law. 1 Act 
 of June 13, 1890 (26 Stat. L., 154}. 
 
 i It was held by the United States circuit court in and for the district of Nebraska 
 (In re Ladd ; 74 Fed. Rep., 31, decided in May, 1896) that the State of Nebraska was 
 without jurisdiction to enforce an excise law of the State (act of March 29, 1889) in 
 and upon the military reservation of Fort Robinson, Nebr. ; jurisdiction over the 
 same having been ceded to the United States in March, 1887. 
 
 The post exchange (formerly the canteen) is an association, or soldiers' club, own- 
 ing and operating a cooperative store. It is not, and never was, in any sense a 
 trader within the meaning of the acts of July 24, 1876, and June 30, 1882, and has no 
 lien on the soldier's pay. The accounting officers have no duty to perform in con- 
 nection with the claims or accounts of any post exchange, unless they are involved 
 in the improper disbursement of Government funds. (2 Compt. Dec., 56.) 
 
CHAJPTER XXXIII. 
 
 THE PUBLIC PROPERTY. 
 
 Par. 
 
 1226. Power to acquire and dis- 
 
 pose of property vested in 
 Congress. 
 
 1227. Purchase, safe-k e e p i n g , 
 
 transportation, and distri- 
 bution of supplies. 
 
 1228. Captured stores to be se- 
 
 cured. 
 
 1229. Accountability of company 
 
 commanders. 
 
 1230. Property returns. Certifi- 
 
 cates of loss to be for- 
 warded to Treasury ac- 
 counting officers. 
 
 1226. The Congress shall have power to dispose of and power to ac- 
 make all needful rules and regulations respecting the ter- 
 ritory or other property belonging to the United States. 1 ^ess d 
 Constitution, Art. IV, sec. 3. 
 
 Par. 
 
 1231. Contents of certificate. 
 
 1232. Methods of making returns 
 
 not affected. 
 
 1233. Regulations by heads of De- 
 
 partments. 
 
 1234. Deficiencies. 
 
 1235. Damage to arms. 
 
 1236. Sales of stores. 
 
 1237. Administration of oaths in 
 
 accounting. 
 
 Art. IV, sec. 3, 
 Constitution. 
 
 'See note to paragraph 1215, ante. 
 
 The provision of the Constitution in regard to the disposition of public property 
 applies to personalty equally as to realty. Thus no Executive Department or officer 
 can be empowered, except by the authority of Congress, to dispose of personal 
 property of the United States, (a) So, held that, in the absence of such authority, a 
 military commander could not legally dispose of temporary buildings not "fix- 
 tures "erected upon a military reservation. So, held that the Secretary of War 
 would not be authorized, in the absence of enabling legislation, to sell or negotiate 
 the bonds or promissory notes made to the United States by certain railroad com- 
 panies, in consideration of rolling stock, etc., sold and transferred to the same. And 
 similarly held as to the authority of the Secretary to dispose of articles of inferior 
 
 ity. Held that the Cavalry Tactics, a work prepared under the orders of the Secre. 
 tary of War by a board of officers, was the property of the United States, and there" 
 fore could not, without the authority of Congress, be disposed of to a bookselle r 
 
 a The leading case on this point is United States t>. Nichols, 1 Paine (U. S. Circ' 
 Ct. K., 640), in which it was held that a sale or loan, by the commandant of an arsenal' 
 of a quantity of lead belonging to the United States was illegal and invalid. The 
 court say: "The Constitution declares that 'Congress shall have power to dis- 
 pose of and make all needful rules and regulations respecting the territory or other 
 property belonging to the United States.' Xo public property can therefore be dis- 
 posed of without the authority of law, either by an express act of Congress for that 
 purpose or by giving the authority to some Department or subordinate agent. No 
 law has been shown authorizing the sale of this lead, nor is any such authority to 
 be inferred from the general power vested in any of the Departments of the Govern- 
 ment. The power, if lodged anywhere, would seem most appropriately to belong 
 to the War Department; but there is no such express or implied power in that 
 Department to sell the public property put under its management." And see the 
 same principle recognized in an opinion of the Attorney-General (in 16 Opins., 477), 
 in which it is held that the Secretary of War was not empowered to sell arms to a 
 State in the absence of authority from Congress. 
 
 443 
 
444 THE MILITARY LAWS OP THE UNITED STATES. 
 
 Purchase, safe- 1227. The Secretary of War shall from time to time de- 
 portation, and fine and prescribe the kinds as well as the amount of sup- 
 su^iies. 1C plies to be purchased by the Subsistence and Quartermaster 
 48, 8 a 5,V 3> 2*p. si?". Departments of the Army, and the duties and powers 
 Sec.2i9,R.s. tnereof resp ecting such purchases j and shall prescribe 
 general regulations for the transportation of the articles of 
 supply from the places of purchase to the several armies, 
 garrisons, posts, and recruiting places, for the safe-keeping 
 of such articles, and for the distribution of an adequate 
 and timely supply of the same to the regimental quarter- 
 masters, and to such other officers as may by virtue of such 
 regulations be intrusted with the same; and shall fix and 
 make reasonable allowances for the store-rent and storage 
 necessary for the safe- keeping of all military stores and 
 supplies. 1 
 captured stores 1228. All public stores taken from the enemy shall be 
 
 to be secured. ____ . , _ n _ 
 
 9 Art. war. secured for the service of the United States; and for neg- 
 lect thereof the commanding officer shall be answerable. 
 Ninth Article of War. 
 
 with a view to its publication and sale by him on his private account. (Dig. J. A. 
 Gen., 626, par. 4.) 
 
 Held that the provision of section 3618, Revised Statutes requiring that "all 
 proceeds of sales of old material, condemned stores, supplies, or other public prop- 
 erty of any kind," shall, with certain exceptions specified, be deposited and covered 
 into the Treasury as miscellaneous receipts, and not withdrawn except by the 
 authority of a statutory appropriation applied to the proceeds of the surplus cut- 
 tings of material for clothing manufactured by the Quartermaster Department of 
 the Army, the same not being within any of the designated exceptions ; and there- 
 fore that the proceeds of such cuttings could not legally be retained and used in the 
 business of that department. (Ibid., 630, par. 13.) 
 
 Temporary buildings only erected by military orders on land of the United States 
 at a military post, to serve a temporary purpose, are in general personal property of 
 the United States which may be removed by the direction or authority of the Sec- 
 retary of War. (a) But if the same be permanent structures and real estate, the 
 authority of Congress is necessary to their removal. (Ibid., 631, par. 19.) 
 
 The United States, being tenant of land leased for military purposes at Fort Davis, 
 Tex., erected buildings thereon for the purposes of a military post. In view of the 
 fact that the relation was that of landlord and tenant, that the buildings were 
 erected for a purpose analogous to that of trade, and for a public use, and that in 
 their erection there could certainly have been no intention to benefit the inheritance 
 or add to the freehold held that such buildings were to be regarded, not as fixtures, 
 but as personal property, and removable by the tenant at any time before the expira- 
 tion of his lease. Should the Government sell the buildings standing, the purchaser 
 would have the same right of disposition as the United States, and no more. He 
 would therefore be obliged to remove them before the termination of the lease, unless 
 otherwise permitted by the owner of the premises. And held similarly of like build- 
 ings erected at Fort Union, N. Mex., where the United States was tenant at will; 
 the buildings not being intended as improvements, but merely for the use of the 
 troops. (Ibid., 632, par. 20.) 
 
 Where a post commander, without authority, took possession of land of the United 
 States for the purpose of erecting thereon a buildine for his personal use, and having 
 erected it assumed to hold and dispose of it as his" own properey, held that his act 
 was unauthorized and illegal, and that he acquired no legal estate in the building. 
 And similarly held where, without authority, he permitted an enlisted man of his 
 command to use land of the United States for the erection thereon of a dwelling and 
 to hold and dispose of such dwelling as his own property. (Ibid., par. 21.) 
 
 Wood growing on a military reservation is the property of the United States. So, 
 held that a contractor who cut such wood to fill a contract made by him with the 
 United States to furnish wood to a military post could npt legally be allowed to 
 remove or dispose of the same as his own property, and advised that he be paid 
 merely for the 'cutting. (Ibid., par. 22.) 
 
 1 For statutory provisions respecting the procurement of property and supplies, 
 see the chapters entitled CONTRACTS AND PURCHASES, and THE STAFF DEPARTMENTS. 
 For provisions respecting the acquisition of lands by the United States, see the 
 chapter entitled THE PUBLIC LANDS. See also paragraphs 703-707, inclusive, Army 
 Regulations of 1895. 
 
 oBut such buildings can not be sold without the authority of Congress. (Lear v. 
 U.S., 50 Fed. Rep., 65.) 
 
THE MILITARY LAWS OP THE UNITED STATES. 445 
 
 1229. Every officer commanding a troop, battery, or com- 
 pany, is charged with the arms, accoutrements, ammuni- 
 tion, clothing, or other military stores belonging to his 
 command, and is accountable to his colonel in case of their 
 being lost, spoiled, or damaged otherwise than by unavoid- 
 able accident, or on actual service. 1 Tenth Article of War. 
 
 PROPERTY ACCOUNTABILITY. 
 
 1230. That instead of forwarding to the accounting offi- tu ^ n r s operty re * 
 cers of the Treasury Department returns of public prop- certificates of 
 
 r loss to be for- 
 
 erty entrusted to the possession of officers or agents, the warded to Treas- 
 
 ~ ,-, , o, ury accounting 
 
 Quartermaster-General, the Commissary-General of Sub- officers. 
 sistence, the Surgeon-General, the Chief of Engineers, the28,p a 47. 
 Chief of Ordnance, the Chief Signal Officer, the Paymaster 
 General of the Navy, the Commissioner of Indian Affairs, 
 or other like chief officers in any Department, by, through, 
 or under whom stores, supplies, and other public property 
 are received for distribution, or whose duty it is to receive 
 or examine returns of such property, shall certify to the 
 proper accounting officer of the Treasury Department, for 
 debiting on the proper account, any charge against any 
 officer or agent intrusted with public property, arising from 
 any loss, accruing by his fault, to the Government as to the 
 property so intrusted to him. Sec. 1, act of March 29, 1894 
 (28 Stat. L., 47). 
 
 1231. That said certificate shall set forth the condition of contents of cer- 
 
 tificate. 
 such officer's or agent's property returns, that it includes sec.2,i&id. 
 
 all charges made up to its date and not previously certified, 
 that he has had a reasonable opportunity to be heard and 
 has not been relieved of responsibility; the effect of such 
 certificate, when received, shall be the same as if the facts 
 therein set forth had been ascertained by the accounting 
 officers of the Treasury Department in accounting. Sec. 2, 
 ibid. 
 
 1232. That the manner of making property returns to or Methods of 
 
 in any administrative bureau or department, or of ascer- Sc affected'. 
 taining liability for property, under existing laws and reg- 3ec - 3 - l&ld - 
 ulations, shall not be affected by this Act, except as provided 
 in section one; but in all cases arising as to such property 
 so intrusted the officer or agent shall have an opportunity 
 to relieve himself from liability. Sec. ?, ibid. 
 
 1233. That the heads of the several Departments are Reguiationsby 
 hereby empowered to make and enforce regulations to mentis. 
 
 1 Under existing laws and regulations there is no system of fiscal accountability 
 to regimental commanders for property belonging to the United States. For statu- 
 tory provisions respecting such accountability see the title "Property Accounta- 
 bility." 
 
446 THE MILITARY LAWS OF THE UNITED STATES. 
 
 i& sec8. 4 and 5, carrv O ut the provisions of this Act. That all laws or 
 Kepeai. parts of laws inconsistent with the provisions of this Act 
 are hereby repealed. 1 Sees. 4 and 5, ibid. 
 
 DEFICIENCY IN, AND DAMAGE TO, PUBLIC PROPERTY. 
 
 Deficiencies. 1234. In case of deficiency of any article of military 
 
 74, a. Jv. 4, p. IT!' supplies, on final settlements of the accounts of any officer 
 
 sec. 1804, B. s. cnar g e( j w jth the issue of the same, the value thereof shall 
 
 be charged against the delinquent and deducted from his 
 
 'Under the authority conferred b~ this section tbe following regulations have 
 been adopted and promulgated by the War Department : 
 
 GENERAL PROVISIONS. 
 
 * Accountability and responsibility devolve upon any person to whom public 
 property is intrusted and who is required to make returns therefor. Responsibility 
 without accountability devolves upon one to whom such property is intrusted, but 
 who is not required to make returns therefor. Thus, with respect to quartermas- 
 ter's supplies intrusted to a company or detachment commander, responsibility but 
 not accountability attaches. (Par. 657, A. R., 1895.) 
 
 The officer in permanent or temporary command of a post or station is responsible 
 for the security of all public property of the command, whether in use or iu store, 
 and although for purposes of periodical accountability to the War Department it 
 may ail have been officially receipted for by subordinate officers, the commanding 
 officer is nevertheless responsible and pecuniarily liable with them for the strict 
 observance of the regulations in regard to its preservation, use, and issue. He will 
 take care that all storehouses are properly guarded, that, only reliable agents are 
 employed, and only trustworthy enlisted men are detailed for duty in them or in 
 connection with property. (Par. 658, ibid.) 
 
 If an officer in charge of the public property of a command (not properly pertain- 
 ing to a company or detachment) is, by order, leave of absence, or any other cause, 
 separated from it, the commanding officer or an officer designated by him will receipt 
 and account for it. (Par. 659, ibid.) 
 
 If it becomes necessary to remove all officers from the charge of public property 
 the commanding officer will take measures to secure it and report the circumstances 
 to the proper authority. (Par. 660, ibid.) 
 
 A company or detachment commander is responsible for all public property per- 
 taining to his company or detachment, and will not transfer his accoantability 
 therefor to a successor during periods of absence of less than a month, unless so 
 ordered by competent authority ; when such absence exceeds a month the question 
 of responsibility is settled by the proper authority. (Par 661, ibid ) 
 
 The officer in temporary or permanent command of a company or detachment is 
 responsible for all public property used by or in possession of the command, whether 
 he receipt for it or not. (Par. 662, ibid.) 
 
 The property responsibility of a company commander can not be transferred to 
 enlisted men. 'It is his duty to attend personally to its security, and to superintend 
 issues himself or cause them to be superintended by a commissioned officer. (Par. 
 603, ibid.) 
 
 An officer will not, when it can be avoided, be detailed for duty which will sep- 
 arate him from public property for which he is accountable. (Par. 654, ibid.) 
 
 All returns of stores or supplies will bo rendered as required by regulations or 
 orders. Those of subsistence stores and subsistence property will be forwarded 
 within ten days after the expiration of the accounting periods, and those of other 
 classes of stores and property within twenty days, to the chiefs of bureaus to which 
 they pertain. Abstracts of purchases will be forwarded with the money accounts. 
 (Par. 700, ibid.) 
 
 ADMINISTRATIVE EXAMINATION OP PROPERTY RETURNS. 
 
 As soon as possible after the receipt of a return by the proper chief of bureau, it 
 will be examined in his office, and the officer making the return will be notified of 
 all errors and irregularities found therein and granted three months to correct them. 
 Suspensions or disallowances will not be made on account of slight informalities 
 which do not affect the validity of a voucher, but the officer's attention may be 
 called to them. Whenever the errors have been corrected or compensation has been 
 made for deficient articles, and the action of the bureau chiet is sustained or modified 
 by the Secretary of War, the return will be regarded as settled, and the officer who 
 rendered it will be notified accordingly. (Par. 701. ibid.) 
 
 If the necessary corrections in the return be not made within the prescribed time, 
 the facts will be reported to the Secretary of War. When it has been determined 
 that the monev value of the property for which an officer has failed to account shall 
 be refunded to the United States, the facts will be certified to the Auditor for the 
 War Department by the chief of bureau. (Par. 702, ibid.) 
 
 ISSUES AND TRANSFERS. 
 
 A transfer of public property involves a change of possession and accountability. 
 The transferring officer will furnish the receiving officer with invoices, in duplicate, 
 accurately enumerating the property, and the latter will return duplicate receipts. 
 
THE MILITARY LAWS OF THE UNITED STATES. 447 
 
 monthly pay, unless he shall show to the satisfaction of the 
 Secretary of War, by one or more depositions setting forth 
 the circumstances of the case, that said deficiency was not 
 occasioned by any fault on his part. And in case of dam- 
 age to any military supplies, the value of such damage 
 shall be charged against such officer and deducted from his 
 monthly pay, unless he shall, in like manner, show that 
 such damage was not occasioned by any fault on his part. 1 
 (See Art. of War. 15.) 
 
 The transaction will appear on the property returns rendered by each. (Par. 665, 
 ibid.) 
 
 When an officer to whom stores have been forwarded believes them to have mis- 
 carried, he will promptly inform the issuing and forwarding officers. (Par. 666, 
 ibid.) 
 
 If an officer to whom public property has been transferred refuses to receipt for 
 it, the invoicing officer will report the facts to the commanding officer of the former 
 for action. Copies of all papers relating to the transaction will be filed with his 
 returns. (Par. 667, ibid.) 
 
 Upon the receipt of public property by an officer he will make careful examina- 
 tion to ascertain its quality and condition, but will not break original packages until 
 issues are to be made, unless he has reason to believe the contents defective. Should 
 he discover defect or shortage, he will apply for a board of survey to determine it 
 and fix the responsibility. Should he consider the property unht for use, he will 
 submit inventories in triplicate and request the action of an inspector. The same 
 rule will be observed in regard to packages when first opened for issue, and for 
 property damaged or missing while in store. (Par. 668, ibid.) 
 
 When packages of supplies are opened for the first time, whether because of 
 apparent defect or for issue, the officer responsible or some other commissioned officer 
 will be present and verify the contents by actual weight, count, or measurement, as 
 circumstances may require, and in case of deficiency or damage will make written 
 report of the facts to the post commander. If only the officer responsible be present 
 and make the report, he will secure the sworn statements in writing of one or more 
 civilians or enlisted men regarding the condition of the property when examined. 
 Should a board of survey be convened, the post commander will refer to it the report 
 made by the examining officer, together with the sworn statements. At arsenals 
 and depots where there are persons whose special duty it is to receive and issue public 
 stores, the reports herein required may be made by them instead of officers of the 
 Army. (Par. 669, ibid.) 
 
 The giving or taking of receipts in blank for public property is prohibited. (Par. 
 670, ibid.) 
 
 Supplies procured by one bureau will not be furnished to another, except by special 
 authoi ity of the Secretary of War. When furnished and restored in kind, they will 
 be delivered at the post from which received, or at such other post as department 
 commanders or chiefs of bureaus concerned may determine. If the transaction is 
 between two bureaus of the War Department, payment will be made at the contract 
 or invoice price of the stores ; when between a bureau of the War Department and 
 any other Executive Department, the amount, to be paid will include the contract or 
 invoice price and cost of transportation. (Par. 671, ibid.) 
 
 In no case will means of transportation or other property of any branch of the 
 military service be taken as a part of the outfit of surveying or exploring expeditions 
 for which Congress has made appropriations, without the express authority of the 
 
 ing expeditions 
 
 _,,.__ . without the exnress a 
 
 Secretary of WV. (Par. 672, ibid.) 
 
 PROPERTY ACCOUNTABILITY. 
 
 All public property, whether paid for or not, must be accounted for on the proper 
 returns. (Par. 692, ibid.) 
 
 An officer accountable for the public property of two or more companies will 
 account for that pertaining to each, except quartermaster's supplies, on a separate 
 return. (Par. 693, ibid.) 
 
 Accountability for public property will not be transferred to enlisted men, except 
 to sergeants of the post noncommissioned staff at ungarrisoned posts, and sergeants 
 of the Signal Corps. (Par. 694, ibid.) 
 
 Vouchers for issues or expenditures of property not authorized by regulations 
 will be accompanied by copies of the orders directing the issues or expenditures. 
 (Par. 695, ibid.) 
 
 An officer will have credit for an expenditure of property made in obedience to the 
 order of his commanding officer. If the expenditure is disallowed, it will be 
 charged to the officer who ordered it. (Par. 696. ibid.) 
 
 1 Public property expended, lost or destroyed in the military service must be ac- 
 counted for by affidavit, or the certificate of a commissioned officer, or other satis- 
 factory evidence. (Par. 697, A. R., 1895.) 
 
 When an enlisted man has, by a court-martial, been convicted of losing or damag- 
 ing public property, the officer 'responsible for the property will send with his prop- 
 erty return a certified copy of so much of the court-martial order as refers to the 
 
448 THE MILITARY LAWS OF THE UNITED STATES. 
 
 arms* m a g e to 1235. The cost of repairs or damages done to arms, equip- 
 
 38 F s eb. 8, g i8i5^c. merits, or implements, shall be deducted from the pay 
 
 sec. 1303, it. s. of an officer or soldier in whose care or use the same 
 
 were when such damages occurred, if said damages were 
 
 occasioned by the abuse or negligence of said officer or 
 
 soldier. 
 
 DISPOSITION OF DAMAGED, UNSUITABLE, OR USELESS 
 PROPERTY. ' 
 
 sales of stores. 1236. The President may cause to be sold any military 
 
 >3, M.' i,' 2, v.' 4, stores which, upon proper inspection or survey, appear to 
 
 'sec.'i24i,R.s. be damaged, or unsuitable for the public service. Such 
 
 inspection or survey shall be made by officers designated 
 
 by the Secretary of War, and the sales shall be made under 
 
 regulations prescribed by him. 1 
 
 Administration 1237. The Secretary of War is authorized to detail one 
 counting. m lc " or more of the employees of the War Department for the 
 78^ ar 25!'v 18 i3' p! purpose of administering the oaths required by law in the 
 c^G^v.^p^Ii! settlement of officers' accounts for clothing, camp and 
 Sec. 225, R. s. g arr j son equipage, quartermaster's stores, and ordnance, 
 which oaths shall be administered without expense to the 
 parties taking them. In settling the accounts of the com- 
 manding officer of a company for clothing and other mili- 
 tary supplies, the affidavit of any such officer may be 
 received to show the loss of vouchers or company books, 
 or any matter or circumstance tending to prove that any 
 apparent deficiency was occasioned by unavoidable acci- 
 dent or lost in actual service, without any fault on his 
 part, or that the whole or any part of such clothing and 
 supplies had been properly and legally used and appropri- 
 ated $ and such affidavit may be considered as evidence to 
 
 case, giving number, date, and place of issue of the order, and stating on the face of 
 said copy the rolls on which the charges are made. (Par. 698, ibid.) 
 
 Should an officer or agent of the Government charged with public property fail to 
 render the prescribed returns thereof within a reasonable time, a settlement of his 
 accounts will be made by the proper bureau of the War Department, and the money 
 value of the property with which he is charged will be reported against him for stop- 
 page . (Par. 699, ibid . ) 
 
 1 For other statutes authorizing the sale of obsolete and unsuitable property, see 
 the chapters entitled THE ORDNANCE DEPARTMENT and THE PUBLIC LANDS. For 
 provisions respecting the disposition of funds arising from the sale of public prop- 
 erty or stores, see the chapters entitled THE PUBLIC MONEYS, THE STAFF DEPART- 
 MENTS, and the THE ORDNANCE AND SUBSISTENCE DEPARTMENTS. 
 
 Unserviceable public property can only be disposed of by sale according to the 
 provisions of sections 1241, 3618, Revised Statutes. It can not be exchanged for 
 other property not belonging to the United States. Thus, held that an old and use- 
 less printing press, the propertv of the United States, could not bo disposed of by 
 
 exchanging~it for certain new property belonging to a regiment. (Ibid., 633, par. 23.) 
 Held that, in the absence of specific authority from Congress, the Secretary of 
 War would not be empowered to sell to a State, for the use of its militia, an amount 
 
 of clothing in excess of the State's quota as already appropriated. And held that, 
 without such authority, he would not be empowered to exchange Government prop- 
 erty for property owned or possessed by a State ; thus, that he could not legally 
 deliver to the State of Pennsylvania certain arms, the property of the United States, 
 in exchange for arms formerly issued to the State for the use of its militia, and in 
 which the State had a qualified property. (Ibid., par. 25.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 449 
 
 establish, the facts set forth, with, or without other evi- 
 dence, as may seem to the Secretary of War just and 
 proper under the circumstances of the case. 1 
 
 1 Causes of damage to, and of loss and destruction of, military property are 
 classified as follows : 
 
 (1) Unavoidable causes, being those over which the responsible officers have no 
 control, occurring (a) in the ordinary course of service, or (b) as incident to an 
 active i 
 
 (2) Avoidable causes, being those due to carelessness, willfulness, or neglect. 
 (Par. 681, A.R,, 1895.) 
 
 Officers responsible for property will be charged for any damage to, or loss or 
 destruction of the same, and the money value deducted from their monhly pay, 
 unless they show, to the satisfaction of the Secretary of War, hy their own affida- 
 vits or certificates or by one or more depositions, that the damage, loss, or destruc- 
 tion was occasioned by unavoidable causes, and without fault or neglect on their 
 part. (Par. 682, ibid.) 
 
 The proper officers to administer oaths in the administration of the affairs of the 
 Army (except when otherwise specially provided) are judge-advocates of depart- 
 ments, judge advocates of courts-martial, and trial officers of summary courts. 
 When none of these are within reach and available, recourse must be had to a notary 
 public or other civil officer competent to administer oaths for general purposes. (Par. 
 683. ibid.) 
 
 If an article of public property be lost or damaged by the neglect or fault of any 
 officer or soldier, he shall pay the value thereof or the cost of repairs, at such rates 
 as a board of survey may determine. ( Par. 684, ibid.) 
 
 The amount charged against an enlisted man on the muster and payrolls on account 
 of loss or damage of or repairs to Government property shall not exceed the value of 
 the article or cost of repairs; and such charge will only be made on conclusive proof, 
 and never without an inquiry, if the soldier demand it. He will be informed at the 
 time of signing the pay rolls that his signature will be regarded as an acknowledg- 
 ment of the justice of the charge. (Par. 685, ibid.) 
 
 When a deserter carries away public property, or when such property is lost 
 through his desertion, its value will be determined by a board of survey and charged 
 against him on the next muster and pay rolls. (Par. 686, ibid.) 
 
 If articles of public property are em'bez/led, or lost or damaged through neglect, 
 by a civilian employee, the value or damage as ascertained (and by a board of survey 
 if necessary) shall be charged to him and set against any pay 'or money due him. 
 (Par. 687, ibid.) 
 
 For provisions respecting boards of survey, see paragraphs 708-722, Army Regula- 
 tions of 1895. 
 
 PAYMENT OF REWABDS. 
 
 Whenever information is received that animals or other property belonging to the 
 military service of the United States are unlawfully in the possession of any person 
 not in the military service, the quartermaster, or other proper officer, will promptly 
 cause proceedings to be instituted and diligently prosecuted before the civil authori- 
 ties for the recovery of the property, and, if the same has been stolen, for the arrest, 
 trial, conviction, and due punishment of the offender and his accomplices. (Par. 688 
 A. R., 1895.) 
 
 Upon satisfactory information that such United States property, unalwfully in the 
 possession of any parties, is likely to be taken away, concealed, or otherwise dis- 
 posed of before the necessary proceedings can be had in the civil tribunals for its 
 recovery, the post or detachment commander will atonce cause the same to be seized, 
 and will hold it subject to any legal proceedings that maybe instituted by other par- 
 ties. Persons caught in the act of stealing public property will be summarily ar- 
 rested by the troops and turned over to the civil authorities for trial. (Par. 689, ibid.) 
 
 Quartermasters, after they have failed to get possession of a lost or stolen animal 
 by the ordinary means, may authorize the payment of a reward of not more than $25 
 for its recovery. If the animal has been stolen, they may offer an additional reward 
 of like amount for each person arrested, tried, convicted, and sentenced for the theft. 
 (Par. 690, ibid ) 
 
 The expenses necessarily incurred by any action under the three preceding para- 
 graphs, with the exception of attorney's fees, will be paid by the Quartermaster's 
 Department, upon proper vouchers approved bv the department commander. Offi- 
 cers will promptly report their action to department headquarters. (Par. 691, ibid.) 
 
 1919 29 
 
CHAJPTEK 
 
 THE MILITIA THE MILITIA OF THE DISTRICT 
 OF COLUMBIA THE TERRITORIAL MILITIA. 
 
 THE MILITIA. 
 
 Par. 
 
 1238. The militia. 
 
 1239. Who to be enrolled in the 
 
 militia. 
 
 1240. Enrollment, by whom. 
 
 1241. Notice of enrollment. 
 
 1242. Arms and accouterments. 
 
 1243. Persons exempt. 
 
 1244. Arrangement into divisions, 
 
 brigades, etc. 
 
 1245. Militia, how officered. 
 
 1246. Artillery and cavalry. 
 
 1247. Regimental colors. 
 
 1248. Adjutant-general in each 
 
 State ; his duty. 
 
 1249. Returns. 
 
 1250. Returns to the President. 
 
 1251. Discipline. 
 
 1252. Officers, how to take rank. 
 
 1253. Care of the wounded. 
 
 1254. Brigade inspector's duty. 
 
 1255. Privileges of certain corps. 
 
 1256. Orders of President in case 
 
 of invasion. 
 
 1257. Militia, how apportioned. 
 
 1258. Subject to rules of war. 
 
 1259. Organization. 
 
 1260. How formed. 
 
 1261. How composed. 
 
 1262. When called forth, term of 
 
 service to be specified. 
 
 1263. Disobedience of orders, pen- 
 
 alty. 
 
 1264. Pay, rations, etc. 
 
 1265. When pay to commence. 
 
 1266. Traveling allowance. 
 
 1267. Forage and use of horses. 
 
 1268. Expenses of march to ren- 
 
 dezvous. 
 
 1269. Addition to ration. 
 
 1270. Provision for widows, etc., of 
 
 those who die in service. 
 450 
 
 Par. 
 
 1271. Volunteers, etc., to suppress 
 
 Indian depredations in 
 Florida, benefits to. 
 
 1272. Courts-martial, how com- 
 
 posed. 
 
 1273. Fines assessed, how to be 
 
 levied. 
 
 1274. To be paid into the Treasury 
 
 of United States. 
 
 1275. Appropriation for arms and 
 
 equipments. 
 
 1276. Apportionment. 
 
 1277. Secretary of War to direct 
 
 purchases of arms, etc. 
 
 1278. Unserviceable arms, etc. 
 
 1279. Distribution of arms to 
 
 States. 
 
 1280. Distribution to States which 
 
 had not received their 
 quota from 1862 to 1869. 
 
 1281. Arms issued to States, etc., 
 
 between January 1, 1861, 
 and April 9, 1865, and used 
 to suppress rebellion. 
 
 1282. Repeal of law requiring 
 
 amounts for purchase of 
 arms to be carried into the 
 Treasury. 
 
 1283. Appropriation available. 
 
 1284. Perm anent appropriation for 
 
 arming militia not to 
 lapse. 
 
 1285. Issues of ordnance for prac- 
 
 tice in heavy artillery 
 drill. 
 
 1286. Militia of the District of 
 
 Columbia. 
 
 1287. Issues to be made from 
 
 Army stores. 
 
 1289-1291. The Territorial militia. 
 Issues of arms to. 
 
THE MILITARY LAWS OF THE UNITED STATES. 451 
 
 1238. A well regulated Militia, being necessary to the 
 security of a free State, the right of the people to keep an ^ JJJjJ,,* 
 bear Arms, shall not be infringed. 1 Constitution of the 
 United States, second amendment. 
 
 1239. Every able-bodied male citizen of the respective who to be en- 
 States, resident therein, who is of the age of eighteen years, ti a . e< 
 
 and under the age of forty-five years, shall be enrolled in 33, .*!,?. 271- 
 
 , , . v , July 17, 1862, c. 201. s. 1, v. 12, p 597 ; Mar. 2, 1867, c. 145, s. 6, 
 
 tne militia. v. 14, p. 423. Houston v. Moore, 5 Wh., 1. Sec. 1625, B. S. 
 
 1240. It shall be the duty of every captain or command- W jf 1 ollment ' by 
 ing officer of a company to enroll every such citizen residing 33 ^ a 1 y v'i 1792 27i' 
 within the bounds of his company, and all those who may, sec.i626,R.s. 
 from to time, arrive at the age of eighteen years, or who, 
 
 being of the age of eighteen years and under the age of 
 forty-five years, come to reside within his bounds. 
 
 1241. Each captain or commanding officer shall, without Notice of en- 
 delay, notify every such citizen of his enrollment, by a May s, 1792, c. 
 
 , 33,8. 1, v.l, p. 271; 
 
 proper non -commissioned officer of his company, who may Mar. 2, 1803, c. 15, 
 prove the notice. And any notice or warning to a citizen 8 'sec.' i627 2 ,B. s. 
 enrolled, to attend a company, battalion, or regimental mus- 
 ter, which is according to the laws of the State in which it 
 is given for that purpose, shall be deemed a legal notice of 
 his enrollment. 
 
 1242. Every citizen shall, after notice of his enrollment, co ^jJ e 5Sj ac " 
 be constantly provided with a good musket or firelock of ag^YvV^Vf- 
 bore sufficient for balls of the eighteenth part of a pound, ifa\Migo. 15,' 
 a sufficient bayonet and belt, two spare flints, and a knap- sec.' lea's, B. s. 
 sack, a pouch with a box therein to contain not less than 
 twenty-four cartridges, suited to the bore of his musket or 
 
 firelock, each cartridge to contain a proper quantity of pow- 
 der and ball; or with a good rifle, knapsack, shot-pouch 
 and powder-horn, twenty balls suited to the bore of his 
 
 1 The right to bear arms is not granted by the Constitution ; neither is it in any 
 manner dependent upon that instrument for its existence. The second amendment 
 means no more than that it shall not be infringed by Congress, and has no other 
 effect than to restrict the powers of the National Government. (U. S. v. Cruikshank, 
 92 U. S., 542.) 
 
 The right voluntarily to associate together as a military company or organization, 
 or to drill or parade with arms, without and independent of an act of Congress or 
 law of the State authorizing the same, is not an attribute of national citizenship. 
 Military organization and military drill and parade under arms are subjects espe- 
 cially under the control of the government of every country. They can not be claimed 
 as a right independent of law. Under our political system they are subject to the 
 regulation and control of the State and Federal Governments, acting in due regard 
 to their respective prerogatives and powers. The Constitution and laws of the 
 United States will be searched in vain for any support to the view that these rights 
 are privileges and immunities of citizens of the United States, independent of some 
 specific legislation on the subject. It can not be successfully questioned that the 
 State governments, unless restrained by their own constitutions, have the power to 
 regulate or prohibit associations and meetings of the people, except in the case of 
 peaceable assemblies to perform the duties or exercise the privileges of citizens of 
 the United States ; and have also the power to control and regulate the organization, 
 drilling, and parading of military bodies and associations, except when such bodies 
 or associations are authorized by the militia laws of the United States. The exercise 
 of this power, by the States, is necessary to the public peace, safety, and good order. 
 To deny the power would be to deny the right of the State to disperse assemblages 
 organized for sedition and treason, and the right to suppress armed mobs bent on 
 riot and rapine. (Presser v. Illinois, 116 U. S., 252, 267 ; TJ, S, V, Cruiksbank, 92 U. S., 
 542; New Yorkv. Miln, 11 Pet., 102, 139.) 
 
452 THE MILITARY LAWS OF THE UNITED STATES. 
 
 rifle, and a quarter of a pound of powder; and shall ap- 
 pear, so armed, accoutered, and provided when called out 
 to exercise, or into service, except that when called out on 
 company days to exercise only, he may appear without a 
 knapsack. And all arms, ammunition, and accouterments 
 so provided and required shall be held exempted from all 
 suits, distresses, executions, or sales, for debt or for the 
 payment of taxes. Each commissioned officer shall be 
 armed with a sword or hanger and spontoon. 
 
 enTt r80118 ex " 1243 * The ^ice-President of the United States; the offi- 
 33 Ma y 8 j 179 |' 7 |- cers judicial and executive of the Government of the United 
 May ?', 1800, c. 46^ States ; the members of both Houses of Congress, and their 
 Apr. Jo, isio.c.s?; respective officers; all custom-house officers with their 
 
 8. 33, v. 2, p. 603. , , ,, i , j ,! 
 
 sec. 1629, B. s. clerks; all postmasters and persons employed in the trans- 
 portation of the mail; all ferrymen employed at any ferry 
 on post- roads; all inspectors of exports; all artificers and 
 workmen employed in the armories and arsenals of the^ 
 United States; all pilots; all mariners actually employed 
 in the sea-service of any citizen or merchant within the 
 United States; and all persons who now are or may here- 
 after be exempted by the laws of the respective States, 
 shall be exempted from militia duty, notwithstanding their 
 being above the age of eighteen, and under the age of forty- 
 five years. 
 
 Arrangement 1244. The militia of each State shall be arranged into 
 
 into divisions, 
 
 brigades, etc.^ divisions, brigades, regiments, battalions, and companies, 
 33, s. a CvA, P . 272'. as the legislature of the State may direct. Each brigade 
 
 Sec. 1630* B. S. .. , , 
 
 may consist of four regiments; each regiment ol two bat- 
 talions; each battalion of five companies; each company 
 of sixty-four privates. Each division, brigade, and regi- 
 ment shall be numbered at the formation thereof; and a 
 record of such numbers shall be made in the adjutant- 
 general's office of the State. When in the field, or in 
 service in the State, each division, brigade, and regiment 
 shall respectively take rank according to its number, reck- 
 oning the first or lowest number highest in rank. 
 Militia, how 1245. The militia shall be officered by the respective 
 
 officered. 
 
 May 8, 1792, c. States as follows: To the militia of each State, one quarter- 
 
 33, s. 3, v.l, p. 272; 
 
 Mar. 2, 1803, c. is, master- general; to each division, one major-general, two 
 Apr. v is,' ISM, c! aids-de-camp with the rank of major, one division-inspector 
 Apr! '20, i8i6, c '. with the rank of lieutenant-colonel, and one division- 
 64 sec. 3 i63i 9 , 5 R. s. quartermaster with the rank of major; to each brigade, 
 one brigadier-general, one brigade-inspector, to serve also 
 as brigade-major with the rank of major, one quarter- 
 master of brigade with the rank of captain, and one aid- 
 de-camp with the rank of captain ; to each regiment of two 
 
THE MILITARY LAWS OP THE UNITED STATES. 453 
 
 battalions, one colonel, one lieutenant-colonel, one major, 
 and one chaplain ; to only one battalion, a major, who shall 
 command the same; to each company, one captain, one 
 lieutenant, one ensign, four sergeants, four corporals, one 
 drummer, and one fifer or bugler. And there shall be a 
 regimental staff, to consist of one adjutant and one quarter- 
 master, to rank as lieutenants, one paymaster, one surgeon, 
 one surgeon's mate, one sergeant-major, one drum-major, 
 and one fife-major. 
 
 1246. There shall be formed for each battalion at least Artillery and 
 
 cavalry. 
 
 one company of grenadiers, light infantry, or riflemen, and o Ma y s, 1792 c. 
 for each division at least one company of artillery and one 272 ; Var V 2, isos; 
 troop of horse. For each company of artillery there shall 207. ' 8> ' v> ' p ' 
 
 Sec 1632 B S 
 
 be one captain, two lieutenants, lour sergeants, four cor- 
 porals, six gunners, six bombardiers, one drummer, and 
 one fifer. The officers shall be armed with a sword or 
 hanger, a fusee, bayonet, and belt, with a cartridge-box to 
 contain twelve cartridges; and each private shall furnish 
 himself with all the equipments of a private in the infan- 
 try, until proper ordnance and field artillery is provided. 
 For each troop of horse there shall be one captain, two 
 lieutenants, one cornet, four sergeants, four corporals, one 
 saddler, one farrier, and one trumpeter. The commissioned 
 officers shall furnish themselves with good horses of at 
 least fourteen hands and a half high, and shall be armed 
 with a sword and pair of pistols, the holsters to be cov- 
 ered with bearskin caps. Each dragoon shall furnish him- 
 self with a serviceable horse, at least fourteen hands and a 
 half high, a good saddle, bridle, mail-pillion, and valise, hol- 
 sters, and a breast-plate and crupper, a pair of boots and 
 spurs, a pair of pistols, a saber, and a cartridge-box, to 
 contain twelve cartridges for pistols. Each company of 
 artillery and troop of horse shall be formed of volunteers 
 from the brigade, at the discretion of the Commander-in- 
 chief of the State, not exceeding one company of each to a 
 regiment, nor more in number than one-eleventh part of 
 the infantry, and shall be uniformly clothed in regimentals, 
 to be furnished at their own expense; the color and fash- 
 ion to be determined by the brigadier commanding the bri- 
 gade to which they belong. 
 
 1247. Each battalion and regiment shall be provided Regimental coi- 
 with the State and regimental colors by the field-officers, ^Yv'i 1792 ^' 
 and each company with a drum and fife, or bugle-horn, by sec/iess, B. s. 
 the commissioned officers of the company, in such manner 
 
 as the legislature of the respective States may direct. 
 
454 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Adjutant- gen- 1248. There shall be appointed in each State an adjutant- 
 
 eral in each State, 
 
 his duty. general, whose duty it shall be to distribute all orders from 
 
 B3^j?v.i,p.273'.the commander-in-chief of the State to the several corps 5 
 
 * to attend all musters when the conimander-in-chief of the 
 State reviews the militia, or any part thereof; to obey all 
 orders from him relative to carrying into execution and 
 perfecting the system of military discipline established by 
 law; to furnish blank forms of returns that may be re- 
 quired, and to explain the principles on which they should 
 be made; to receive from the several officers of the different 
 corps throughout the State returns of the militia, under 
 their command ; and to make proper abstracts from such 
 returns, and lay the same annually before the commander 
 in-chief of the State. 
 
 Keturns. 1249. The several officers of the divisions, brigades, regi- 
 
 "Mav 8 1792 c 
 
 33, s. e, v.'i, p. 273. ments, and battalions, shall report, in their returns of the 
 
 Sec. 1635, B. S. 
 
 corps under their command, the actual condition of their 
 arms, accouter in exits, and ammunition, their delinquencies, 
 and every other particular relating to the general advance- 
 ment of good order and discipline, and shall make the same 
 in the usual manner. 
 
 Returns to the 1250. It shall be the duty of the adjutant- general in each' 
 Mar. 2, 1803, c. State to make return of the militia of the State, with their 
 
 15, s. 1, v. 2, p. 207. ... , , 
 
 Sec. 1636; R.S. arms, accouterments, and ammunition, agreeably to the 
 provisions of law, to the President of the United States, 
 annually, on or before the first Monday in January; and 
 it shall be the duty of the Secretary of War, from time to 
 time, to give such directions to the adjutant-generals of 
 the militia as may, in his opinion, be necessary to produce 
 a uniformity in such returns. 
 
 Discipline. 1251. The system of discipline and field exercise which 
 97, 8 a {v.3,p.577.' is ordered to be observed in the different corps of infantry, 
 
 * artillery, and riflemen of the Regular Army, shall also be 
 observed in such corps, respectively, of the militia. 1 
 
 officers, howto 1252. All commissioned officers shall take rank according 
 
 take rank. 
 
 May 8, 1792, c. to the date of their commissions; and when two of the 
 sec.'i638,R.s.same grade bear an equal date, their rank shall be deter- 
 mined by lot to be drawn by them before the commanding- 
 officer of the brigade, regiment, battalion, company, or 
 detachment. 
 
 Careofthe 1253. If any person, whether officer or soldier, belonging 
 May s/1792, c. to the militia of any State, and called out into the service 
 fee.i*s*?B.8.of the United States, be wounded or disabled while in 
 
 1 There is no existing statute of the United States authorizing the President to 
 call out the militia for drill merely. The Constitution, in empowering Congress "to 
 provide for organizing, arming and disciplining the militia, ' leaves their training 
 to the States, and it ia at least doubtful whether an act of Congress regulating the 
 drill of the nriiitia would be constitutional. (Dig. J. A. G., 520, par. 9.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 455 
 
 actual service, lie shall be taken care of and provided for 
 at the public expense. 
 
 1254. It shall be the duty of the brigade-inspector to Brigade in. 
 
 spector s duty. 
 
 attend the regimental and battalion meetings of the militia^ May 8, 1792. c. 
 composing the several brigades, during the time when they 273."' 
 
 .. . ... -, Sec. 1640, R. S. 
 
 are under arms, to inspect their arms, ammunition, and 
 accouterments ; to superintend their exercise and maneu- 
 vers, and introduce throughout the brigade the system of 
 military discipline prescribed by law, and such orders as 
 they receive from the Commander-in-chief of the State; and 
 to make returns to the adjutant general of the State, at least 
 once in every year, of the militia of the brigade to which he 
 belongs, reporting therein the actual condition of the arms, 
 accouterments, and ammunition of the several corps, and 
 every other particular which, in his judgment, may relate 
 to their government and the general advancement of good 
 order and military discipline. 
 
 1255. All corps of artillery, cavalry, and infantry, now Privileges of 
 
 .... i-ii certain corps. 
 
 existing m any State, which, by any law, custom, or usage May s, 1792, c. 
 thereof, have not been incorporated with the militia, or are 274 *' llf v ' *' p ' 
 
 o^_ if 4.1 ij w 
 
 not governed by the general regulations thereof, shall be 
 allowed to retain their accustomed privileges, subject, 
 nevertheless, to all other duties required by law in like 
 manner as the other militia. 
 
 1256. Whenever the United States are invaded, or are Orders of Pres- 
 
 ident in ease of 
 in imminent danger of invasion from any foreign nation or invasion. 
 
 --U f i, IT f *u Feb. 28, 1795, c. 
 
 Indian tribe, or of rebellion against the authority of the36. 8 .i,v.i, P .424. 
 Government of the United States, it shall be lawful for whVi^McC 
 the President to call forth such number of the militia of the m' 
 State or States, most convenient to the place of danger, or Sec * 1642 ' B * s * 
 scene of action, as he may deem necessary to repel such 
 invasion, or to suppress such rebellion, and to issue his 
 orders for that purpose to such officers of the militia as he 
 may think proper. 1 
 
 1 The President has no original authority over the militia by right of his office. He 
 can only call them out when Congress provides for his doing so as the agent of the 
 United States tor such purpose. When the call is complied with, the militia becomes 
 national militia, and he becomes their coinmander-in-chief. The law governing his 
 exercise of power in calling out is found in sections 1642, 5297 5298, and 5299, Revised 
 Statutes (Dig. Opin. J. A. Gen., 519, par. 2.) 
 
 The manner of calling out of the militia by the President under the act of 1795 
 (sec. 1642, K. S.), is indicated by the Supreme Court in the leading case of Houston 
 v. Moore, (a) where it is observed that "The President's orders may be given to the 
 chief executive magistrate of the State, or to any militiaofficer he may think proper." 
 The call would ordinarily be addressed to the governor, who, in most of the States, 
 is made commander-in-chief of the active militia of the State. A further form, indeed, 
 of calling out the militia, viz, by a conscription, was authorized during the late war, 
 by the act of July 17, 1862. (Ibid., par. 1.) 
 
 The calling forth of the militia into the United States service is an administrative 
 function, a ministerial act, in which the Secretary of War may issue the necessary 
 orders as the origin of the Executive, and his act is the act of the President. Ibid., 
 par. 3.) 
 
 The President, in calling out a force of militia, authorized the governor of a State 
 
 ol Wheaton.l (1820). 
 
456 THE MILITARY LAWS OP THE UNITED STATES. 
 
 a M oiSoned how 1257. When the militia of more than one State is called 
 
 July 17, 1862, i n to the actual service of the United States by the Presi- 
 
 p.597.' ' ' dent, he shall apportion them among such States accord- 
 
 Sec. 1643, B. S. . - . 
 
 ing to representative population. 
 Subject to 1258 The militia, when called into the actual service of 
 
 rules of war. 
 
 Feb. 28,^1795, the United States for the suppression of rebellion against 
 424 ;juiy 29/1881, and resistance to the laws of the United States, shall be 
 282. 'Martin?! subject to the same rules and articles of war as the regular 
 
 Mott, 12 Wh 19 
 
 sec. 1644, B. s. troops of the United States. 
 
 organization^ 1259, The militia, when called into actual service, shall 
 c.201,8.2, v.i2,p'. be organized as prescribed in the two sections following. 
 59 How formed. 1260. They shall be formed, by the President, into regi- 
 
 juiy 22,' well ments of infantry, with the exception of such numbers for 
 269 9 | juVs, 1862,' cavalry and artillery as he may direct, not to exceed the 
 502^ July 17, 1862,' proportion of one company of each of those arms to every 
 (x2oo,s.5,v.i2,p. re gj men t of infantry, and to be organized as in the regular 
 
 Sec. 1646, B. S 
 
 to designate the particular militia of that State to be included in the call, and the 
 governor thereupon designated a certain regiment, and formally accepted its serv- 
 ice. Held that in so doing he acted as the agent of the Presidentand that his accept- 
 ance was in law an acceptance by the President, and was equivalent to a muster-in 
 of the regiment (Ibid., par. 5.) " 
 
 In 1836 an Indian agent in Indiana applied for assistance, in an emergency, to a 
 militia colonel, who furnished three companies of nis regiment, which were employed 
 and rendered faithful service for seven days in assisting to execute the laws of the 
 United States. Upon a claim now (1893) made for compensation for such service, 
 held that the same could not legally be allowed by the Secretary of War, who could 
 have no authority to recognize, as in the United States service, militia who had not 
 been called out by the President or by his direction ; and that such claim could be 
 entertained by Congress alone. (Ibid., par. 6.) 
 
 In the exercise of its constitutional power "to provide for calling forth tbe mi- 
 litia." and "to provide for organizing" the same, etc., Congress has made no distinc- 
 tion between any different portions of this force, or recognized any such portion as 
 "national guard." The law relating to the subject, Revised Statutes, title 16 sec- 
 tions 1625, 1642, etc., contemplates but a single integral body as constituting the 
 militia and as liable to be called out. Under theexistyjglaw, the 'national guard 
 of a State can not legally be called out as such. Upon a call, the governor may in- 
 deed order them out, as neing organized and available, so far as they will go to make 
 up the number of the militia required. (Ibid , p. 520, par. 7.) 
 
 The United States statutes take no notice of "national guard ' as such. If called 
 out, it is not as "national guard,'' but as militia; and when so called forth or in- 
 cluded in a call, it must be governed by the existing laws providing for the organi- 
 zation, discipline, etc., of the" militia. (Ibid. par. 8.) 
 
 The "national guard," so called, being merely militia, can not (where not called 
 forth) be "supported" or "maintained " by Congress, which is authorized by the 
 Constitution to 'support" and "maintain ' the Army and Navy only. So officers of 
 the national guard can not be commissioned by the President without a violation of 
 the Constitution, which "reserves the appointment of militia officers to the States 
 respectively." (Ibid.. par 10 ) 
 
 The act of February 28, 1895 (1 Stat. L., 424), authorizing the President under 
 certain circumstances to call out the militia, is constitutional, and the Presidentis 
 the final .judge of the emergency instifying such call. This construction necessarily 
 results from the nature of the power itself and from the manifest object contem- 
 plated by the act of Congress The power itself is to be exercised upon sudden 
 emergencies, upon great occasions of state, and under circumstances which may be 
 vital to the existence of the Union. A promptand unhesitating obedience to orders 
 is indispensable to the complete attainment of the object. The service is a military 
 service, and the command of a military nature; and in such ease every delay and 
 every obstacle to an efficient and immediate compliance necessarily tend to jeopard 
 the public interests. (Martin v Mott, 12 Wheat , 19, 30.) 
 
 Where a power is confided to the President by law the presumption is that, in the 
 exercise of that power, ho has pursued the law. The existence of an exigency justi- 
 fying the calling out of the militia is not traversable, and need not be averred. It is 
 not necessary to set forth the orders of the President; it is sufficient to state that 
 the call of the governor for the militia was in obedience to them. For disobedience 
 to a call made by a governor for the militia, in pursuance of the orders of the Presi- 
 dent, a citizen is liable to be tried by a court-martial organized under the laws of 
 the United States. (Ibid. ,33.) 
 
 In the case of Houston v. Moore (5 Wheat., 1), it was decided that, although a mili- 
 tiaman, who refused to obey the orders of the President calling him into the public 
 service, was not, in the sense of the act of 1795, "employed in the service of the 
 United States" so as to be subject to the Rules and Articles of War, yet that he was 
 liable to be tried for the offense under the fifth section of the same act by a court- 
 martial called under the authority of the United States. 
 
THE MILITARY LAWS OF THE UNITED STATES. 457 
 
 service. Each regiment of infantry shall have one colonel, 
 one lieutenant-colonel, one major, one adjutant, (a lieuten- 
 ant,) one quartermaster, (a lieutenant,) one surgeon and 
 two assistant surgeons, one sergeant-major, one regimental 
 quartermaster- sergeant, one regimental commissary-ser- 
 geant, one hospital steward and two principal musicians, and 
 shall be composed of ten companies, each company to con- 
 sist of one captain, one first lieutenant, one second lieuten- 
 ant, one first sergeant, four sergeants, eight corporals, two 
 musicians, one wagoner, and from sixty-four to eighty-two 
 privates. 
 
 1261. They shall be further organized into divisions of ^u^ C 2 p S? 
 three or more brigades each; and each division shall have 6Q 9 j uj 3 - ^^ 
 a major-general, three aids de-camp, and one assistant c -2oo 8 e v.i2i 
 adjutant- general with the rank of major. Each brigade sec. i647,n.s. 
 shall be composed of four or more regiments, and shall 
 
 have one brigadier general, two aids-de cainp, one assistant 
 adjutant -general with the rank of captain, one surgeon, 
 one assistant-quartermaster, one commissary of subsistence, 
 and sixteen musicians as a band. 
 
 1262, Whenever the President calls forth the militia of 
 
 the States, to be employed in the service of the United service to be 
 States, he may specify in his call the period for which such 2Q J uty 17^1862, c - 
 service will be required, not exceeding nine months, and 597. 
 the militia so called shall be mustered in and continued to 
 serve during the term so specified, unless sooner discharged 
 by command of the President. 
 
 1263. Every officer, non-commissioned officer, or private -Disobedience 
 
 . ' . 01 orders, pen- 
 
 of the militia, who fails to obey the orders of the President a %-. 2 
 when he calls out the militia into the actual service of the 3^ s.j>, V^ i^p. 
 United States, shall forfeit of his pay a sum not exceeding c. 25, 8 . 4, y.' 12. p'. 
 one year's pay, and not less than one month's pay, to be withers 2 cr.j 
 
 , , J . f J ', ,. , ,. . V ,331; Houston v. 
 
 determined and adjudged by a court-martial ; and such Moore, 5 wh. i ; 
 
 officer shall be liable to be cashiered by a sentence of court- 12 wi, i 
 martial, and be incapacitated from holding a commission Brock! 8 324 ase> 1 
 in the militia for a term not exceeding twelve months; and Sec - 1649 ' R - s - 
 such non-commissioned officer and private shall be liable 
 to imprisonment, by a like sentence, on failure to pay the 
 fines adjudged against him, for one calendar month for 
 every twenty-five dollars of such fine. 
 
 1264. The militia when called into the actual service of Py, tion, 
 
 6tC. 
 
 the United States, shall, during their time of service, be ^^.19,1836,0. 
 entitled to the same pay, rations, clothing, and camp equi- July 29, is'ei, c! 
 page as may be provided by law for the Army of the United 282. 
 
 S(T. J.OOU* lv S* 
 
 States. 
 
458 THE MILITARY LAWS OF THE UNITED STATES, 
 
 when pay to 1265. Whenever the militia is called into the actual serv- 
 
 commence. 
 
 9 8 a 3'v 2 i 17 408 C ' ice of tne United states > their P av sna11 be deemed to 
 'see. 1651,' B.S. commeuce from the day of their appearing at the place of 
 
 battalion, regimental, or brigade rendezvous. 1 
 
 ^Traveling ai- 1266. The officers, non-commissioned officers, musicians, 
 44^ a s 'vY 83 ?' c art; i ncers ? an( i privates shall be entitled to one day's pay, 
 Sec.'i652, B. s. subsistence, and allowances for every twenty miles' travel 
 from their places of residence to the place of general ren- 
 dezvous, and from the place of discharge back to their 
 residence. 
 
 o/ho r r a 8 g e e 8 and " 8e 1267. The officers of all mounted companies in the militia 
 i,ll?v\ 1 JMi)f; called into service of the United States shall each be enti- 
 44, a l '2! v. sfp 6 ?. 6 ' tied to receive forage, or money in lieu thereof, for two 
 sec. 1053, B. s. ] lorses wneil they actually keep private servants, and for 
 one horse when without private servants, and forty cents 
 per day shall be allowed for the use and risk of each horse, 
 except horses killed in battle or dying of wounds received 
 in battle. Each non-commissioned officer, musician, artifi- 
 cer, and private of such mounted companies shall be enti- 
 tled to receive forage in kind for one horse, with forty cents 
 per day for the use and risk thereof, except horses killed in 
 battle, or dying of wounds received in battle, and twenty- 
 five cents per day in lieu of forage and subsistence, when 
 the same is furnished by himself, or twelve and a half cents 
 per day for either, as the case may be. 
 
 march e to 8 rendez f 1268. The expenses incurred by marching the militia of 
 
 v Fei>. 28, 1795, c. an y State or Territory to their places of rendezvous, in 
 
 Ap r v '2o', me 4 , 2 *! P ursuance f a requisition of the President, or of a call 
 
 ^secfie^B. s. ma( ie by the authority of any State or Territory and 
 
 approved by him, shall be adjusted and paid in like manner 
 
 as the expenses incurred after their arrival at such places of 
 
 rendezvous, on the requisition of the President; but this 
 
 provision does not authorize any species of expenditure, 
 
 previous to arriving at the place of rendezvous, which is 
 
 not provided by existing laws to be paid for after their 
 
 arrival at such place of rendezvous. 
 
 tiot ddi1 1269. When the militia in the military service of the 
 
 9,t a 6, vV409: United States are employed on the western frontiers, there 
 
 sec. 1655, B-s- s haii b e a n O wed two ounces of flour or bread, and two 
 
 ounces of beef or pork, in addition to each of their rations, 
 
 and half a pint of salt, in addition to every 'hundred of 
 
 their rations. 
 
 1 Unlike a volunteer regiment, where the muster -in fixes the commencement of the 
 time of actual service, it is not essential for a militia organization that there should 
 be a formal muster-in, to bring it into the actual service of the United States. The 
 provision of the act of 1862 relating to the muster-in of militia is directory only. 
 (Dig. J. A. Gen., 519, par. 4.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 459 
 
 1270. When any officer, non-commissioned officer, artifi- Provision % 
 
 / . widows etc., of 
 
 cer, or private of the militia or volunteer corps dies in the th * Q wh <> die m 
 
 service of the United States, or in returning to his place 44 Mar - 19 - wse. c. 
 
 of residence after being mustered out of service, or at any sec.io56, P R.s. 
 
 time in consequence of wounds received in service, and 
 
 leaves a widow, or if no widow, a child or children under 
 
 sixteen years of age, such widow, or if no widow, such 
 
 child or children, shall be entitled to receive half the 
 
 monthly pay to which the deceased was entitled, at the 
 
 time of his death, during the term of five years ; and in 
 
 case of the death or intermarriage of such widow before 
 
 the expiration of five years, the half-pay for the remainder 
 
 of the time shall go to the child or children of the dece- 
 
 dent. And the Secretary of the Interior shall adopt such 
 
 forms of evidence, in applications under this section as the 
 
 President may prescribe. 
 
 1271. The volunteers or militia, who have been received volunteers, 
 
 etc., to suppress 
 
 into the service of the United States, to suppress Indian Indian depreda- 
 depredations in Florida, shall be entitled to all the benefits benefit! to. a ' 
 
 , ,. Mar. 19, 1836, c. 
 
 which are conferred on persons wounded or otherwise dis- 44, s. 4, v. 5, p. 7. 
 abled in the service of the United States. 
 
 1272. Courts -martial for the trial of militia shall be com- ^"^-martiai, 
 nosed of militia officers onlv 1 Feb - 28 - 1795, c. 36,s.6.v. i, p . 424 ; July 29, 
 
 y ' 1861, c. 25, s 5. v. 12. p. 282 Sec. 1658, R. S. 
 
 1273. All fines assessed under the provisions of law con- , Fines assessed, 
 
 how to be levied. 
 
 cerning the militia or volunteer corps, when called into the g Feb. 28, 1795. c. 
 actual service of the United States, shall be certified by the Feb.' 2U8i3 P o. is,' 
 
 s 1 v 2 p 797- 
 
 presiding officer of the court-martial, before whom they are July 29,1861,0.25', 
 
 , , , ,. ,. , . , . , . , . . ,, t ,. s. 6, v. 12, p. 282. 
 
 assessed, to the marshal of the district in which the delm- sec. 1059, R. s. 
 
 quent resides, or to one of his deputies, and to the Comp- 
 
 troller of the Treasury, who shall record the certificate in 
 
 a book to be kept for that purpose. The marshal or his 
 
 deputy shall forthwith proceed to levy the fines with costs, 
 
 by distress and sale of the goods and chattels of the delin- 
 
 quent, which costs and the manner of proceeding, with 
 
 respect to the sale of the goods distrained, shall be agree- 
 
 able to the laws of the State in which the same may be in 
 
 other cases of distress. And where any non-commissioned 
 
 officer or private is adjudged to suffer imprisonment, there 
 
 being no goods or chattels to be found whereof to levy the 
 
 fines, the marshal of the district or his deputy shall com- 
 
 mit such delinquent to jail, during the term for which he is 
 
 so adjudged to imprisonment, or until the fine is paid, in 
 
 1 Section 1658, Revised Statutes, prescribes that "courts-martial for the trial of 
 militia shall be composed of militia officers only." Held that the enactment applied 
 also in principle to courts of inquiry convened in the militia, and that officers of the 
 Army could not, for purposes of instruction or assistance, legally be detailed to be 
 associated with militia officers as members of such courts. (Dig. Opin. J. A. Gen., 
 521, par. 11. ) 
 
460 THE MILITARY LAWS OF THE UNITED STATES. 
 
 the same manner as other persons condemned to fine and 
 imprisonment at the suit of the United States may be 
 committed. 
 
 thI Trea8u d 4 n of 1274 The marshal shall pay all fines collected by him or 
 
 states U n 1 1 e d n * s deputy, under the authority of the preceding section, 
 
 36 F sVv' i 79 425- mto the Treasur y of the United States, within two months 
 
 Feb 2.1813,0.^8.' after he has received the same, deducting five per centum 
 
 July 29,'i86i, c! for his compensation , and in case of failure, it shall be the 
 
 P duty of the Comptroller of the Treasury to give notice to 
 
 'the district attorney of the United States, who shall pro- 
 
 ceed against the marshal in the district court, by attach- 
 
 ment, for the recovery of the same. 
 
 s 12 ?5. That the sum of four hundred thousand dollars is 
 , 1 *! hereby annually appropriated, to be paid out of any money 
 Apr 1 29* 2 i8i6 49 c ; * n tue Treasury not otherwise appropriated, for the purpose 
 32o Mar V 3 is??' ^ P rov i c ^ u ^ arms,ordnance stores, quartermaster's stores, 
 c 133, s. 3,v.'i8, p! and camp equipage for issue to the militia. 1 Act of February, 
 
 455 ; Feb. 12. 1887. 
 
 ,.. 
 
 Apportion- 1276. That said appropriation shall be apportioned among 
 m sec'.2,tWd. the several States and Territories under the direction of the 
 Secretary of War, according to the number of Senators 
 and Representatives to which each State respectively is 
 entitled in the Congress of the United States, and to the 
 Territories and District of Columbia such proportion am. 
 under such regulations as the President may prescribe : 
 
 states having Provided, however, That no State shall be entitled to the 
 
 uniformed mili- ' 
 
 tia only, entitled, benefits of the appropriation apportioned to it unless the 
 
 number of its regularly enlisted, organized, and uniformed 
 
 active militia shall be at least one hundred men for each 
 
 Senator and Eepresentative to which such State is entitled 
 
 in the Congress of the United States. And the amount of 
 
 said appropriation which is thus determined not to be avail- 
 
 able shall be covered back into the Treasury. 2 Sec. 2, ibid. 
 
 wa? cr to ta direct 1277. That the purchase or manufacture of arms, ord- 
 
 purchaseofarms, nance stores, quartermaster's stores, and camp equipage 
 
 sec. 3, ibid. for the militia under the provisions of this act shall be made 
 
 under the direction of the Secretary of War, as such arms, 
 
 ordnance and quartermaster's stores and camp equipage 
 
 are now manufactured or otherwise provided for the use of 
 
 the Regular Army, and they shall be receipted for and shall 
 
 remain the property of the United States, and be annually 
 
 1 The cost of transporting arms and equipments to the points designated by proper 
 authority for issue to the militia of the several States and Territories .and the Dis- 
 trict of Columbia is an expenditure incident to the object of the appropriation 
 " Arming and equipping the militia, "made by the act of February 12, 1887 (24 Stat. L., 
 401, 402), and is therefore properly chargeable to it,-unless provision is specifically 
 made therefor. (3 Dig. Comp. Dec., 356.) 
 
 * For provisions of statutes respecting certain special issues of arms and ammuni- 
 tion to the militia of the States and Territories, see paragraphs 1290 and 1291 post. 
 
THE MILITARY LAWS OF THE UNITED STATES. 461 
 
 accounted for by the governors of the States and Territories, 
 for which purpose the Secretary of War shall prescribe and 
 supply the necessary blanks and make such regulations as 
 he may deem necessary^ to protect the interest of the United 
 States. 1 Sec. <?, ibid. 
 
 1278. That all arms, equipments, ordnance stores, or Unserviceable 
 
 , , .,11 i 11 arms, etc. 
 
 tents which may become unserviceable or unsuitable shall sec.4,ibid. 
 be examined by a board of officers of the militia, and its 
 report shall be forwarded by the governor of the State or 
 Territory direct to the Secretary of War, who shall direct 
 what disposition, by sale or otherwise, shall be made of 
 them; and, if sold, the proceeds of such sale shall be cov- 
 ered into the Treasury of the United States. Sec. 4, ibid. 
 
 1279. All the arms procured in virtue of any appropria- Distribution of 
 
 ,,.-1110 , . i . arms to States, 
 
 tion authorized by law for the purpose or providing arms etc. 
 
 and equipments for the whole body of the militia of the 5^ p 3^.Yp49o 'j 
 
 United States shall be annually distributed to the several w*'*\ vf 5 io, 
 
 States of the Union according to the number of their 63 g ec>1667 B>s> 
 
 Representatives and Senators in Congress, respectively; 
 
 and all arms for the Territories and for the District of 
 
 Columbia shall be annually distributed in such quantities, 
 
 and under such regulations, as the President may prescribe. 
 
 All such arms are to be transmitted to the several States 
 
 and Territories by the United States. 
 
 1280. The Secretary of War is authorized and directed Distribution to 
 
 , . , ., , , , , . , ,, States which had 
 
 to distribute to such States as did not receive the same, not received 
 their proper quota of arms and military equipments for each ' 
 
 year, from eighteen hundred and sixty-two to eighteen 2 8^vTi7,j> 1 X. c ' 
 hundred and sixty-nine, under the provisions of section sec.i67o,n.s. 
 sixteen hundred and .sixty-two: Provided, That in the 
 organization and equipment of military companies and 
 organizations with such arms, no discrimination shall be 
 made between companies and organizations on account of 
 race, color, or former condition of servitude. 
 
 1281. That all issues of arms and other ordnance stores Arms, etc., is- 
 which were made by the War Department to the States and Territories 
 and Territories between the first day of January, eighteen flSTaSi Apr! 9] 
 
 hundred and sixty-one, and the ninth day of April, eight- 
 
 een hundred and sixty-five, under the act of April twenty- 110 ^ c 55 v 2 , 
 
 third, eighteen hundred and eight, and charged to theP-|^- 3 Mar 3 
 
 States and Territories, having been made for the mainte- 1 ^, v. is, p. 455.' 
 
 nance and preservation of the Union, and properly charge- 
 
 able to the United States, the Secretary of War is hereby sec.ieei,B.s. 
 
 authorized, upon a proper showing by such States of the 
 
 faithful disposition of said arms and ordnance stores, in the 
 
 service of the United States in the suppression of the war 
 
 1 For provisions of statutes respecting certain special issues of arms and ammuni- 
 tion to the militia of the States and Territories, see paragraphs 1290 and 1291, pott. 
 
462 THE MILITARY LAWS OF THE UNITED STATES. 
 
 states 6 etc * * of tne rebellion ? to credit the several States and Territories 
 with the sum charged to them respectively for arms and 
 other ordnance-stores which were issued to them between 
 the aforementioned dates, and charged against their quotas 
 under the law for arming and equipping the militia: Pro- 
 vided, That it shall be the duty of the Secretary of War, 
 before making a credit to any of said States and Territories, 
 to investigate and ascertain, so nearly as he can, the dispo- 
 sition made by each of said States and Territories of said 
 arms and ordnance-stores; and, if he shall find that any of 
 said arms or ordnance-stores have been sold or otherwise 
 misapplied, to refuse a credit to such State or Territory for 
 so much of said arms and ordnance stores as have been sold 
 or misapplied; and the amount thereof shall remain a 
 charge against said State or Territory, the same as if this 
 Quota of rebel- act had not been passed: And provided further. That so 
 
 liou-s States of * 
 
 arms, appropria- much of the appropriations between the nrst or January, 
 
 tion to be cov- . -, . . -, ,, . ,, , 
 
 eredin. eighteen hundred and sixty-one, and the ninth of April, 
 
 eighteen hundred and sixty-five, under the act of April 
 twenty-third, eighteen hundred and eight herein referred 
 to, as would have been used for the purchase of arms to be 
 distributed to the several States that were in rebellion, 
 shall be covered into the Treasury of the United States. 1 
 Sec. 3, act of March 5, 1875 (18 Stat. L., 455}. 
 Repeal of law 1282. That so much of section three of an act making 
 
 requiring 
 
 amounts for pur- appropriations for the support of the Army for the fiscal 
 
 chase of arms . 
 
 for states while year ending June thirtieth, eighteen hundred and seventy- 
 covered into the six, and for other purposes, approved March third, eight- 
 Mar" 3^1887, v. ceii hundred and seventy-five, as provides that so much of 
 ^lajp. 455. the appropriations between the first of January, eighteen 
 v. 2, p. 490. hunted and sixty-one, and the ninth of April, eighteen 
 hundred and sixty-five, under the act of April twenty- 
 third, eighteen hundred and eight, therein referred to, as 
 would have been used for the purchase of arms to be dis- 
 tributed to the several States that were in rebellion, shall 
 be covered into the Treasury of the United States, be, and 
 the same is hereby, repealed. Act of March 3, 1887 (24 
 Stat. L., 551). 
 
 Appropriation 1283. That the cost to the Ordnance Department of all 
 se P t.22,i888,v. ordnance and ordnance stores issued to the States, Terri- 
 tories, and District of Columbia, under the act of Febru- 
 ary twelfth, eighteen hundred and eighty-seven, shall be 
 
 i The act of March 3, 1875 (18 Stat. L., 455), authorized the Secretary of War to 
 credit the several States and Territories with arms drawn by them between January 
 1, 1861, and April 23, 1868, and used for the suppression of the rebellion. The act of 
 March 3, 1887 (24 Stat. L., 551), repealed so much of the act of March 3, 1875, as 
 required the unexpended balances of the appropriations for the purchase of arms for 
 distribution to the States in rebellion to be covered into the Treasury. 
 
THE MILITARY LAWS OF THE UNITED STATES. 463 
 
 credited to the appropriation for " manufacture of arms at 
 national armories," which appropriation for eighteen hun- 
 dred and eighty-nine and thereafter shall be available until 
 exhausted. Act of September 22, 1888 (25 Stat. L., 487). 
 
 1284. The permanent annual appropriation made by the pr opntion nt f a o p r 
 act of April twenty-third, eighteen hundred and eight, Jo^! 8 militia 
 designated as section sixteen hundred and sixty-one of the J;, 24 '^ * jj^ v 
 Eevised Statutes, and which was increased to four hun- 28 > P- 406 - ' 
 dred thousand dollars by the act of February twelfth? 
 eighteen hundred and eighty seven, being for the procure- 
 ment of ordnance and ordnance stores and quartermaster's 
 
 stores and camp equipage for the use of the militia of the 
 country, shall not lapse with the end of any fiscal year nor 
 be turned into the surplus fund, but shall remain a perma- 
 nent appropriation and be available for the several States 
 and Territories and District of Columbia, until expended 
 as provided in said acts, or otherwise disposed of by Con- 
 gress. 1 Act of August 18, 1894 (28 Stat. L., 406). 
 
 1285. That the Secretary of War is hereby authorized, issues of ord 
 
 , , ,. . . ... A , nance for prac- 
 
 at his discretion, to issue, on the requisition of the gov- tice m heavy 
 
 , , . . artillery drill. 
 
 ernor of a State bordering on the sea or gulf coast, and sec. 2, May w, 
 
 having a permanent camping ground for the encampment 1882> v 22>p * 93 ' 
 
 of the militia not less than six days annually, two heavy 
 
 guns and four mortars, with carriages and platforms, if 
 
 such can be spared, for the proper instruction and practice 
 
 of the militia in heavy artillery drill, and for this purpose 
 
 a suitable battery for these cannon will be constructed; 
 
 and for said construction and the transportation of said 
 
 cannon, and so forth, the sum of five thousand dollars is 
 
 hereby appropriated for supplying each State that may so 
 
 apply. Sec. 2, act of May 19, 1882 (22 Stat. L., 93). 
 
 MILITIA OF THE DISTRICT OF COLUMBIA. 
 
 1286 That every able-bodied male citizen resident within Militia of the 
 the District of Columbia, of the age of eighteen years and JJmbi* f 
 under the age of forty five years, excepting persons ex - 25^772. ' 1889 ' v ' 
 empted by section two, and idiots, lunatics, common 
 drunkards, vagabonds, paupers, and persons convicted of 
 
 1 By several statutes special authority is conferred upon the Secretary of War to 
 adjust the accounts of particular States and Territories for issues of arm's and muni- 
 tions of war. For such provisions as to the State of Kansas, see the acts of August 
 15, 1876 (19 Stat. L., 206), July 28, 1886 (24 Stat. L., 159) ; as to the Territory of Mon- 
 tana, see the act of February 15, 1887 (24 Stat. L., 404) ; as to the Territory of Dakota, 
 see the act of February 28, 1887 (24 Stat. L., 432) ; as to the State of Washington, see 
 the act of June 10, 1890 (26 Stat. L., 130) ; as to the State of Colorado, see the act of 
 August 4, 1886 (24 Stat, L., 219). The act of January 16, 1889 (25 Stat. L., 646), author- 
 ized the Secretary of War to issue additional arms and military stores to the Terri- 
 tory of Montana; the same statute authorized a similar issue to the State of Oregon. 
 The joint resolution of June 7, 1878 (20 Stat. L., 252), authorized the issue of 1,000 
 stand of arms, with 50 cartridges to each, to each of the Territories, in addition to 
 thosealready authorized by law. Seealso the title "Arms, Armories, and Arsenals" 
 in the chapter entitled THE OEDNANCK DEPARTMENT. 
 
464 THE MILITARY LAWS OF THE UNITED STATES. 
 
 to he an y infamous crime, shall be enrolled in the militia. Per- 
 sons so convicted after enrollment shall forthwith be dis- 
 enrolled; and in all cases of doubt respecting the age of a 
 person enrolled, the burden of proof shall be upon him. 
 
 Exemptions. g ECe 2. That in addition to the persons exempted from 
 enrollment in the militia by the general laws of the United 
 States, the following persons shall also be exempted from 
 enrollment in the militia of the District of Columbia, 
 namely: Officers of the government of the District of 
 Columbia; judges and officers of the courts of the District 
 of Columbia; officers who have held commissions in the 
 Regular or Volunteer Army or Navy of the United States; 
 officers who have served for a period of five years in the 
 militia of the District of Columbia or of any State of the 
 United States; ministers of the gospel; practicing physi- 
 cians; conductors and engine-drivers of railroad trains; 
 members of the paid police and fire department. 
 
 Assessors to g EC 3 T;h at the Commissioners of the District of Co- 
 
 enroll. 
 
 lumbia shall provide for the enrollment of the militia, and 
 for this purpose may require the assessors of taxes, at the 
 same time they are engaged in taking the assessment of 
 valuation of real and personal property, to make a list of 
 persons liable to enrollment; and such record shall be 
 deemed a sufficient notification to all persons whose names 
 are thus recorded that they have been enrolled in the 
 militia. Immediately after the completion of each enroll- 
 ment they shall furnish the commanding-general of the 
 militia with a copy of the same. 
 
 Duty. g EC> 4 That the enrolled militia shall not be subject to 
 
 any duty except when called into the service of the United 
 States, or to aid the civil authorities in the execution of 
 the laws or suppression of riots. 
 
 into SEC. 5. That whenever it shall be necessary to call out 
 any portion of the enrolled militia the commauder-iu-chief 
 shall order out, by draft or otherwise, or accept as volun- 
 teers as many as required. Every member of the enrolled 
 militia who volunteers, or who is ordered out or drafted 
 under the provisions of this act, who does not appear at 
 the time and place designated, may be arrested by order 
 of the commanding general and be tried and punished by 
 a court- martial. The portion of the enrolled militia ordered 
 out or accepted shall be mustered into service for such 
 period as may be required, and the commanding general 
 may assign them to existing organizations of the active 
 militia, or may organize them as the exigencies of the occa- 
 sion may require. 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 465 
 
 SEC. 6. That the President of the United States shall 
 be the commander-in-chief of the militia of the District of 
 Columbia. 
 
 SEC. 7. That there shall be appointed and commissioned 
 by the President of the United States a commanding gen- 
 eral of the militia of the District of Columbia, with the 
 rank of brigadier-general, who shall hold office until his 
 successor is appointed and qualified, but may be removed 
 at any time by the President. 
 
 SEC. 8. That the staff of the militia of the District of 
 Columbia shall be appointed and commissioned by the 
 President, and hold office until their successors are ap- 
 pointed and qualified, but may be removed at any time by 
 the President. It shall consist of one adjutant general, 
 with the rank of lieutenant-colonel ; one inspector-general, 
 one quartermaster-general, one commissary-general, one 
 chief of ordnance, one chief engineer, one surgeon-general, 
 one judge-advocate-general, and one inspector- general of 
 rifle practice, each with the rank of major; and four aids- 
 de-camp, each with the rank of captain. The commanding 
 general may appoint a non-commissioned staff of the militia, 
 to consist of one sergeant-major, one quartermaster-ser- 
 geant, one commissary -sergeant, one ordnance sergeant 7 
 two staff sergeants, one hospital- steward, one color-ser- 
 geant, and one sergeant-bugler. 
 
 SEC. 9. That the President may assign an officer of the 
 Army to act as adjutant general of the militia of the Dis- 
 trict of Columbia, who, while so assigned, shall be com- 
 missioned as such and be subject to the orders of the com- 
 manding general and the provisions of this act: Provided, 
 hoivever, That the officer so assigned shall receive no other 
 pay or emolument than that to which his rank in the Army 
 entitles him when on detached service. 1 
 
 THE ACTIVE MILITIA: ITS ORGANIZATION. 
 
 chief. 
 
 st affoffi <* r - 
 
 " mi8 ' 
 
 Active militia. 
 
 SEC. 10. That the active militia shall be composed of organization 
 
 1 of national 
 
 volunteers, and shall be designated the National Guard of guard. 
 the District of Columbia; and in case the militia of the 
 District of Columbia are called into the service of the 
 United States, or required for the suppression of riots, or 
 to aid civil officers in the execution of the laws, shall be 
 the first to be ordered into service. 
 
 SEC. 11. That in time of peace the National Guard shall 
 
 *Held that it would not be within the prohibitions of section 1222, Revised Stat 
 utes, bnt legal, to detail an officer of the Army to act as adjutant-general of the 
 militia of the District of Columbia, there being no such office established by law; 
 that such officer, in so acting, would be performing military service and would not 
 be holding a "civil office." (Dig. Opiu. J. A, G., 521, par. 16.) 
 
 1919 - 30 
 
466 THE MILITARY LAWS OF THE UNITED STATES. 
 
 consist of not more than twenty-eight companies of infan- 
 try, which shall be arranged by the commanding general 
 into such regiments, battalions, and unattached companies 
 as he may deem expedient; one battery of light artillery; 
 one signal corps ; one ambulance corps ; one engineer corps ; 
 one band of music, and one corps of field musicians. 
 
 Regiments o f SEC. 12. That regiments of infantry shall consist of three 
 battalions ; and to each regiment there shall be one colonel 
 and one lieutenant-colonel, and a staff to consist of one 
 surgeon, one adjutant, one quartermaster, one inspector 
 of rifle practice, and one chaplain, each with the rank of 
 captain; and a non-commissioned staff, consisting of one 
 sergeant-major, one quartermaster-sergeant, one commis- 
 sary-sergeant, and one hospital steward. 
 
 infantry bat- SEC. 13. That battalions of infantry shall consist of four 
 companies; and to each battalion there shall be one major; 
 and a staff consisting of one surgeon, one adjutant, one 
 quartermaster, and one inspector of rifle practice, each 
 with the rank of first lieutenant; and a non-commissioned 
 staff, consisting of one sergeant-major, one quartermaster- 
 sergeant, and one hospital-steward. 
 
 infantry com- SEC. 14. That to each company of infantry there shall be 
 one captain, one first lieutenant, one second lieutenant, one 
 first sergeant, four sergeants, one corporal to each ten pri- 
 vates, and not more than eighty- seven privates; and the 
 minimum number of enlisted men shall be forty. 
 
 ^Artillery bat- SEC. 15. That the battery of light artillery shall have 
 not less than four nor more than six guns. To four guns 
 there shall be one captain, two first lieutenants, one second 
 lieutenant, one first sergeant, one quartermaster-sergeant, 
 five sergeants, eight corporals, two buglers, and not more 
 than eighty-two privates; and the minimum number of 
 enlisted men shall be fifty- seven. To more than four guns 
 there shall be, for each additional gun, one sergeant, two 
 corporals, and not more than twenty nor less than ten pri- 
 vates; for two additional guns there shall be one additional 
 second lieutenant. 
 
 iancf n and a n bl i ^ E0 * ^' ^^ a ^ ^ eac ^ s ig na l corps, ambulance corps, and 
 neer corps. ' engineer corps, there shall be one first lieutenant, two ser- 
 geants, two corporals, and not more than thirty-two nor 
 less than fourteen privates. 
 
 Band. g E c. 17. That the band of music shall consist of one 
 
 chief musician, two sergeants, two corporals, and thirty- 
 two privates; and the corps of field music of one principal 
 musician, two sergeants, two corporals, and thirty-two 
 privates. The chief musician, principal musician, and 
 
THE MILITARY LAWS OF THE UNITED STATES. 467 
 
 other non-commissioned officers of the band and field music 
 shall be appointed by the commanding general. 
 
 SEC. 18. That when any company of the National Guard 
 shall, for a period of not less than ninety days, contain 
 less than the minimum number of enlisted men prescribed 
 by this act, or upon a duly ordered inspection, shall be 
 found to have fallen below a proper standard of efficiency, 
 the commanding general may either disband such company 
 or consolidate it with any other company of the National 
 Guard, and grant an honorable discharge to the supernu- 
 merary officers and non-commissioned officers produced by 
 such consolidation. Officers and enlisted men discharged 
 by reason of such disbanding or consolidation and at any 
 time thereafter re-entering the service shall have allowed 
 to them, as part of their term of service, the time already 
 served. 
 
 ELECTION, APPOINTMENT, AND DISCHARGE OP COMMISSIONED Commissioned 
 
 officers. 
 OFFICERS. 
 
 SEC. 19. That all officers shall be commissioned by the Commission. 
 President of the United States. In time of peace, or when 
 not in the service of the United States, they shall pre- 
 viously be elected or nominated as herein provided. No 
 person commissioned as an officer shall assume such rank, 
 or enter upon the duties of the office to which he may be 
 commissioned, until he has accepted such commission and 
 taken such oath or affirmation as may be prescribed. Oath - 
 
 SEC. 20. That the staff officers of a regiment or battalion staff officers. 
 shall be nominated by the permanent commander thereof. 
 
 SEC. 21. That field officers of regiments or battalions. Field officers. 
 shall be nominated by the commanding general. Captains ce s ompany offi ' 
 and lieutenants of companies shall be elected by the written 
 votes of the enlisted men of the respective companies. 1 
 
 SEC. 22. That elections of officers shall be ordered and Elections. 
 held under such regulations as may be prescribed by the 
 commanding general. 
 
 SEC. 23. That every person accepting an election or nom- Examinations, 
 ination as an officer shall appear before an examining board, 
 to be appointed by the commanding general, which board 
 shall examine said officer as to his military and other qual- 
 ifications. If any officer shall fail to appear before the 
 board of examination within thirty days after being notified, 
 
 'Section 21 of the act of March 1, 1889, reorganizing the District of Columbia 
 militia, requires that captains and lieutenants of companies shall be elected by the 
 enlisted men of the same. Held that this enactment would prevent the assignment 
 to a company of an officer not first elected thereby. So that it would require that 
 such officers be appointed as officers of the particular companies by which they had 
 been elected, and would not permit of their appointment simply to the arm of service, 
 aa in the Army, (Dig, Opin, J , A, Gen., 22, par, 17.) 
 
468 THE MILITARY LAWS OF THE UNITED STATES. 
 
 or shall fail to pass a satisfactory examination, the fact 
 shall be certified by the board to the commanding gen- 
 eral, who shall thereupon declare the election or nomi- 
 nation of such officer null and void. If, in the opinion of 
 the board such officer is competent, and otherwise qualified, 
 they shall certify the fact to the commanding general, who 
 shall thereupon recommend him to the President for com- 
 mission. 
 
 Discharges. SEC. 24. That a commissioned officer may be honorably 
 discharged 
 
 Upon tender of resignation ; 
 
 Upon disbandment of the organization to which he 
 belongs ; 
 
 Upon report of a board of examination, or for failure to 
 appear before such board when ordered. 
 
 He maybe dismissed upon the sentence of a court-martial ; 
 conviction in a court of justice of an infamous offense. 
 
 Non-com mi s- THE APPOINTMENT AND REDUCTION OF NON-COMMISSIONED OFFICERS, 
 sioned officers. 
 
 Appointment. SEC 2 5. That non-commissioned staff officers shall be 
 appointed by the permanent commander of the organiza- 
 tion to which they belong; and permanent commanders of 
 battalions shall appoint the non-commissioned officers of 
 companies, upon the written nomination of the respective 
 captains; but they may withhold such appointment if, in 
 their judgment, there be proper cause; non-commissioned 
 officers of unattached companies shall be appointed by 
 their respective captains. The permanent commander of 
 any battalion or unattached company may reduce to the 
 'ranks any company non-commissioned officers of his com- 
 mand. 
 
 Enlistment. ENLISTMENT AND DISCHARGE OF SOLDIERS. 
 
 Term. SEC. 26. Enlistment in the National Guard shall be for 
 
 the term of three years: Provided, however, That any sol- 
 dier who may have received an honorable discharge, by 
 
 _ . reason of the expiration of his term of service, may, within 
 
 thirty days thereafter, re-enlist for a term of one, two, or 
 three years, to date from the expiration of his previous 
 term. All terms of service, except in case of re-inlistmeut, 
 shall commence at noon on the day of enlistment, and ex- 
 
 Oath,etc. pi fe a * noon on the day of discharge. 
 
 SEC. 27. Every person enlisting in the National Guard 
 shall sign an enlistment paper which shall contain an oath 
 of allegiance to the United States. The requisites and 
 regulations for enlistment and the form of enlistment paper 
 
THE MILITARY LAWS OF THE UNITED STATES. 469 
 
 and oath for enlisting men, shall be prescribed by the com- 
 manding general. 
 
 SEC. 28. That no enlisted man shall be honorably dis- Discharges: 
 
 Honorable. 
 
 charged before the expiration of his term of service, except 
 by order of the commanding general, and for the following 
 reasons : 
 
 Upon his own application, approved by the commanding 
 officer of his company, and by superior commanders; 
 
 Upon removal from the District; 
 
 Upon disability, established by certificate of medical 
 officer ; 
 
 To accept promotion by commission ; 
 
 Whenever, in the opinion of the commanding general, Dishonorable. 
 the interest of the service demand such discharge. 
 
 SEC. 29. That enlisted men shall be dishonorably dis- 
 charged by order of the commanding general: 
 
 To carry out the sentence of a court-martial; 
 
 Upon conviction of felony in a civil court; 
 
 Upon expulsion from his company, in accordance with its 
 by-laws or regulations; 
 
 Upon discovery of re-enlistment after previous dishon- certificate of 
 
 ,, ,. T discharge. 
 
 orable discharge. 
 
 SEC. 30. That every soldier discharged from the service 
 of the District shall be furnished with a certificate of such 
 discharge, which shall state clearly the reasons therefor. 
 Dishonorable discharges will have the word "dishonor- 
 able" written or printed diagonally across their faces, in 
 large characters, with red ink, and the re-enlistment clause 
 will be erased by a line. 
 
 ARMS, UNIFORMS, AND EQUIPMENTS. Arms, etc. 
 
 SEC. 31. That the Uniforms, arms, and equipments of 
 the National Guard shall be the same as prescribed and 
 furnished to the army of the United States. Every organ. 
 izatioii of the National Guard shall be provided with such 
 ordnance and ordnance stores, clothing, camp and garrison 
 equipage, quartermaster's stores, medical supplies, and 
 other military stores, as may be necessary for the proper 
 training and instruction of the force and for the proper 
 performance of the duties required under this act. Such 
 
 .... . , A Secretary of War. 
 
 property shall be issued from the stores and supplies 
 appropriated for the use of the Army, upon the approval 
 and by the direction of the Secretary of War, to the com- 
 manding general, upon his requisitions for the same. The 
 property so issued shall remain and continue to be the 
 property of the United States, and shall be accounted for 
 
470 THE MILITARY LAWS OF THE UNITED STATES. 
 
 by the commanding general at such times, in manner, and 
 on such forms, as the Secretary of War may require. 1 
 
 Regulations for SEC. 32. That the commanding general may transfer 
 all public property, received by him for the use of the 
 National Guard under the provision of this act, to the sev- 
 eral departmental officers of the general staff, arid may 
 make and prescribe regulations for its issue by them, and 
 for its care and preservation by the officers or soldiers to 
 whom issued. 
 
 Returns, etc. SEC. 33. That every officer receiving public property for 
 military use shall be accountable for the articles so received 
 by him, and shall make returns of such property at such 
 times, in such manner, and on such forms as may be pre- 
 scribed. He shall be liable to trial by court-martial for 
 neglect of duty, and also make good to the United States 
 the value of all such property defaced, injured, destroyed or 
 lost, by any neglect or default on his part, to be recovered 
 in an action of tort, or by any other action at law, to be insti- 
 tuted by the judge-advocate-general of the militia at the 
 order of the commanding general. All money received on 
 account of loss or damages shall be paid in the Treasury 
 of the United States, and shall be accounted for by the com- 
 manding general in his returns to the Secretary of War. 
 
 Punishment g EC 34 Th&t any officer or soldier who shall sell, dis- 
 
 I or selling, 6tC., 
 
 public property, pose of pawn or pledge, willfully destroy or injure, or re- 
 tain after proper demand made, any public property issued 
 under the provisions of this act, shall be deemed guilty of 
 a misdemeanor, and shall be punished by imprisonment for 
 not exceeding two months, or by a fine not exceeding one 
 hundred dollars, or by both ; and it is hereby made the duty 
 of the judge of the police court of the District of Columbia, 
 upon information filed or complaint, made under oath, to 
 issue process for the arrest of the offender, and to cause 
 him to be brought before the police court to be dealt with 
 according to the provisions of this section. 
 
 Liability o f SEC. 35. That until an officer, or his legal representative 
 shall have received notice that the property accounts of 
 such officer have been examined and found correct, the 
 liability of such officer, or of his estate, for public property 
 for which he is or may have been responsible shall be in no 
 way affected by resignation,discharge, change in official posi- 
 tion, or death. Upon the death or desertion of an officer 
 
 1 Held that the "military stores " required by section 31 of the act of March 1. 
 1889, to be furnished for the militia of the District of Columbia, did not in lude 
 copies of the Infantry Drill Regulations. (Dig. Opin. J. A. Gen., 521, par. 14.) 
 
 Held that the clothing and camp and garrison equipage issued to the District of 
 Columbia militia, under section 31 of the act of Marci^ 1. 1889, was properly to be 
 inspected by militia, not by army officers ; and that the condemned portion, if any, 
 was to be reported by the commanding general of the militia to the Secretary of 
 War, to be disposed of as he should direct. (Ibid., par. 15.) See also act of July 23, 
 1888, paragraph 1287, post. 
 
THE MILITARY LAWS OF *THE UNITED STATES. 47 1 
 
 responsible for public property his immediate commander 
 shall at once cause the property for which such officer was 
 responsible to be collected, and a correct inventory made 
 by actual count and examination ; which inventory shall be 
 forwarded to the commanding general, in orderthat any defi- 
 ciency may be made good from the estate of the deceased 
 or deserting officer; compensation for such deficiency may 
 be recovered in the manner provided in section thirty-four. 
 
 SEC. 36. That property issued or provided under the pro- r Y n e 8 t rviceable 
 visions of this act which becomes unfit for use, and is con- 
 demned as unserviceable shall be reported by the com- 
 manding general to the Secretary of War, and shall be 
 disposed of as may be directed by him. 
 
 SEC. 37. That any organization of the active militia may, Distinctiveuni- 
 with the approval of the commanding general, and at its 
 own expense, adopt any other uniform than that issued to 
 it; bat such uniform shall not be worn when such organiza- 
 tion is on duty under the orders of the commanding general 
 except by his permission. 
 
 SEC. 38. That organizations of the National Guard shall Right to own 
 
 personal prop- 
 
 have the right to own and keep personal property, which erty. 
 shall belong to and be under the control of the active mem- 
 bers thereof; and the commanding officer of any organiza- 
 tion may recover for its use any debts or effects belonging 
 to it, or damages for injury to such property; action for Actions for in- 
 such recovery to be brought, in the name of such com- 
 manding officer, before any justice of the peace, with the 
 right of appeal to the supreme court of the District -of Co- 
 lumbia, or before the supreme court of the District of Colum- 
 bia; and no suit or complaint pending in his name shall be 
 abated by his ceasing to be commanding officer of the 
 organization; but, upon the motion of the commander suc- 
 ceeding him, such commander shall be admitted to prose- 
 cute the suit or complaint in like manner and with like effect 
 as if it had been originally commenced by him. 
 
 SEC. 39. That the quartermaster-general of the militia Armories to be 
 shall provide, by rental or otherwise, such armories for the pr 
 National Guard as may be allowed and directed by the 
 commanding general. He shall also provide each organiza- 
 tion with such lockers, closets, gunracks, and cases or desks, 
 as may be necessary for the care, preservation, and safe- 
 keeping of the arms, equipments, uniforms, records, and 
 other military property in their possession. He shall also 
 provide suitable rooms for the offices of the commanding 
 general and staff, for the keeping of books, the transaction 
 of business, and the instruction of officers, and also suitable 
 places for the storage and safe-keeping of public property. 
 
472 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Duties. MILITARY DUTIES. 
 
 Drills, etc., to SEC. 40. That any drill, parade, encampment, or duty 
 
 be a military 
 
 duty. that is required, ordered, or authorized to be performed 
 
 under the provisions of this act, shall be deemed to be 
 a military duty, and while on such duty every officer and 
 enlisted man of the National Guard shall be subject to the 
 lawful orders of his superior officers, and for any military 
 offense may be put and kept under arrest or under guard 
 for a time not extending beyond the term of service for 
 which he is then ordered. 
 
 SEC. 41. That the commanding general shall prescribe 
 such stated drills and parades as he may deem necessary 
 for the instruction of the National Guard, and may order 
 out any portion of the National Guard for such drills, 
 inspections, parades, escort, or other duties, as he may 
 deem proper. The commanding officer of any regiment, 
 battalion, or company may also assemble his command, or 
 any part thereof, in the evening for drill, instruction, or 
 other business, as he may deem expedient; but no parade 
 shall be performed by any regiment, battalion, company, 
 or part thereof, without the permission of the commanding 
 general. 
 
 SEC. 42. That an annual inspection and muster of each 
 organization of the National Guard, and an inspection of 
 their armories and of public property in their possession, 
 shall be made at such times and places as the commanding 
 general may order and direct. 
 
 Camp duty. SEC. 43. That the National Guard shall perform not less 
 than six consecutive days of camp duty in each year, at 
 such time as maybe ordered by the commanding general; 
 and the quartermaster- general of the militia, subject to the 
 approval of the commanding general, shall provide, by 
 rental or otherwise, a suitable camp ground for the annual 
 encampment of the militia, make the necessary provisions 
 thereon for the encampment, and provide necessary trans- 
 portation to and from the same for baggage and supplies. 
 use of wash- SEC. 44. The National Guard shall have the use of the 
 C8> drill grounds and rifle-range at the Washington Barracks, 
 subject to the approval of the Secretary of War, and the 
 commanding general of the militia shall provide such addi- 
 tional targets and accessories as may be necessary for the 
 use of the militia. 
 
 riots PI tc e9sion f ^ EC * ^* That when there is in the District of Columbia 
 a tumult, riot, mob, or a body of men acting together by 
 force with attempt to commit a felony or to offer violence 
 
THE MILITARY LAWS OF THE UNITED STATES. 473 
 
 to persons or property, or by force and violence to break 
 and resist the laws, or when such tumult, riot, or mob is 
 threatened, it shall be lawful for the commissioners of the 
 District of Columbia, or for the United States marshal for 
 the District of Columbia, to call on the commander-in-chief 
 to aid them in suppressing such violence and enforcing the 
 laws; the commander-in chief shall thereupon order out so 
 much and such portion of the militia as he may deem nec- 
 essary to suppress the same, and no member thereof who 
 shall be thus ordered out by proper authority for any such 
 duty shall be liable to civil or criminal prosecution for any 
 act done in the discharge of his military duty. 
 
 SEC. 46. That no officer or soldier of the National Guard, du ^ CU8es from 
 when ordered on duty to aid the civil authorities, or when 
 ordered into the service of the United States in obedience 
 to the call or order of the President, shall be excused from 
 such duty except upon the certificate of the surgeon of his 
 command of physical disability, such certificate to be pre- 
 sented to the commanding general in case of an officer, or 
 to his company commander in case of a soldier. If such 
 officer or soldier fail to furnish such excuse he shall be 
 tried and punished by a court-martial. For absence from 
 any other military duty required or ordered under the pro- 
 visions of this act the penalty shall be such as may be pre- 
 scribed by the commanding general, or the by-laws of the 
 organization to which the officer or soldier belongs. 
 
 SEC. 47. That the United States forces or troops, or any , ?*?,; etc., to 
 
 J have right 1 of 
 
 portion of the militia, parading, or performing any duty way. 
 
 according to law, shall have the right of way in any street 
 
 or highway through which they may pass : Provided, That 
 
 the carriage of the United States mails, the legitimate Mail, fire ae. 
 
 functions of the police, and the progress and operations of pa 
 
 fire-engines and fire departments shall not be interfered 
 
 with thereby. 
 
 SEC. 48. That every commanding officer, when on duty, ra Jef e an f 3 r /'. 
 may ascertain and fix necessary bounds and limits to his cam P ments> 
 parade or encampment. Whoever intrudes within the 
 limits of the parade or encampment after being forbidden, 
 or whoever shall interrupt, molest, or obstruct any officer 
 or soldier while on duty, may be put and kept under guard 
 until the parade, encampment, or duty be concluded : and 
 the commanding officer may turn over such person to any 
 police officer, and said police officer is required to detain 
 him in custody for examination or trial before the police 
 court, and the judge thereof may punish such offense by a 
 fine not exceeding twenty-five dollars. 
 
474 THE MILITARY LAWS OF THE UNITED STATES. 
 
 g EC> 49. That all officers and employees of the United 
 States and of the District of Columbia who are members 
 of the National Guard shall be entitled to leave of absence 
 from their respective duties, without loss of pay or time, on 
 all days of any parade or encampment ordered or author- 
 ized under the provisions of this act. 
 
 Hilitarycourts. MILITARY COURTS. 
 
 courts of in- SEC. 50. Courts of inquiry, to consist of not more than 
 
 quiry. 
 
 three officers, may be ordered by the commanding general, 
 for the purpose of investigating the conduct of any officer, 
 either at his own request or on a complaint or charge of 
 conduct unbecoming an officer. Such court of inquiry shall 
 report the evidence adduced, a statement of facts, and an 
 opinion thereon, when required, to the commanding general, 
 who may, in his discretion, thereupon order a court-martial 
 for the trial of the officer whose conduct has been inquired 
 into. 
 
 courts-martial. g EC< 5^ That general courts- martial for the trial of com- 
 missioned officers or enlisted men shall be ordered by the 
 commanding general at such times as the interests of the 
 service may require, and shall consist of not less than five 
 nor more than thirteen officers, and a judge-advocate, none 
 of whom shall be of less rank than the accused, when it 
 can be avoided. 
 
 ed T ml^ 80fenli8t " SEC - 52 - That for the trial of enlisted men for a11 minor 
 offenses the commanding officer of each battalion and 
 unattached company shall, at such times as may be neces- 
 sary, appoint courts-martial. Such battalion and company 
 courts- martial shall consist, for a battalion, of one officer, 
 whose rank is not below that of captain; and for a com- 
 pany, of a lieutenant. Such courts shall have power, sub- 
 ject to the approval of the officer ordering the court, to 
 sentence to be reprimanded by said officer in battalion or 
 company orders; or, in case of a company non-commis- 
 sioned officers, to be reduced to the ranks, or to pay such 
 fines as may be imposed and allowed by the regulations or 
 by-laws of the organization to which the accused belongs; 
 and such court may, with the approval of the commanding 
 general, sentence to be reprimanded in general orders or 
 to be dishonorably discharged. 
 
 tris ceedings in SEC. 53. That the president of a general court-martial 
 or court of inquiry, and the officer constituting a battalion 
 or company court-martial, shall have power to administer 
 the usual oath to witnesses, and may issue summonses for 
 all witnesses whose attendance at such court may, in his 
 opinion, be necessary, and any officer or soldier failing to 
 
THE MILITARY LAWS OF THE UNITED STATES. 475 
 
 serve such summons, and any witness failing to appear 
 and testify when so summoned, shall be liable to trial by 
 court-martial. 
 
 SEC. 54. That in all courts-martial and courts of inquiry A To conform to 
 the arraignment of the accused, the proceedings, trial, and 
 record shall in all respects conform as nearly as practi- 
 cable to the regulations for the same in the Army of the 
 United States. 
 
 EXPENSES AND ALLOWANCES. 
 
 SEC. 55. That there shall be allowed for the general pe ^ eral 6X - 
 expenses of the militia such sums as may be necessary for 
 the rental and furnishing of offices for headquarters, sta- 
 tionery, postage, printing and issuing orders, advertising 
 orders, providing necessary blanks for the use of the mili- 
 tia, the cost of storing, caring for, and issuing all public 
 property, and such other contingent expenses, not herein 
 specially provided for, as may be estimated and appro- 
 priated for ; the accounts for which shall be certified to by 
 the officer receiving the service or property charged for? 
 approved by the commanding general, and paid in the 
 manner provided in section sixty. 
 
 SEC. 56. That during the annual encampment, and on Payment t,o 
 every duty or parade ordered by the commanding general, 
 there shall be allowed and paid for each day of service : 
 To each member of the regularly enlisted band, four dol- 
 lars; to each member of the regularly enlisted corps of 
 field music, two dollars; to the chief musician, eight dol- 
 lars, and to the principal musician, six dollars. In event 
 there is no enlisted band or field music, or not a sufficient 
 number of either, the commanding general may authorize 
 the employment of such as he may deem necessary for the 
 occasion. The payments for bands of music and drum corps 
 shall be made in the manner provided in section sixty. 
 
 SEC. 57. That during the annual encampment, or when subsistence 
 
 -i -i -it i /i .1 i -.-r , -. while on duty. 
 
 ordered on duty to aid the civil authorities, the National 
 Guard shall be furnished with subsistence stores, of the 
 kind, quality, and amount allowed and prescribed by the 
 Army. Such stores shall be issued from the stores and 
 supplies appropriated for the use of the Army, upon the 
 approval and by the direction of the Secretary of War, to 
 the commanding general upon his requisitions for the same. 
 
 SEC. 58. That the commanding general shall annually Estimates, 
 transmit to the Commissioners of the District of Columbia 
 an estimate of the amount of money required for the next 
 ensuing fiscal year to pay the expenses authorized by this 
 act, and the said Commissioners shall include the same in 
 their annual estimates of appropriations for the District; 
 and all money appropriated to pay the expenses authorized 
 
476 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Disbursements, by this act shall be disbursed by the Commissioners of the 
 District of Columbia, upon vouchers duly certified and 
 approved by the commanding general, and accounted for 
 by them in the same manner as all other moneys appro- 
 priated for the expenses of the District. 
 
 GENERAL PROVISIONS. 
 
 Regulations. SEC. 59. That companies, battalions, or regiments may 
 adopt constitutional articles of agreement or by-laws, sub- 
 ject to the approval of the Commander-in-chief, for the 
 government of matters relating to the civic affairs of their 
 respective organizations, the regulation of fines for non- 
 performance of duty, and the determination of causes upon 
 which excuses from fines may be based : Provided, however, 
 ^ na ^ such articles or rules shall not be repugnant to law 
 or the regulations for the government of the militia: And 
 provided further, That the articles or rules adopted by any 
 Company and company or battalion shall not be repugnant to the articles 
 battalion rules. or ^^ adopted for tne gen eral government of the regi- 
 ment or battalion to which it belongs. Certified copies of 
 such articles or rules, with like copies of all alterations, as 
 finally approved by the commanding general, shall be 
 deposited in the office of the adjutant-general. 
 
 Duties of offi- SEC. 60. The departmental and military duties of the 
 officers provided for in this act shall be correlative with 
 those discharged by similarly designated officers in the 
 Army of the United States. 
 
 Discipline. SEC. 61. That the system of discipline and field-exercise 
 ordered to be observed by the Army of the United States, 
 or such other system as may hereafter be directed for the 
 militia by-laws of the United States, shall be observed by 
 the National Guard. 
 
 general *? mail SEO ' 62< Tnat tne commail d in g general, subject to the 
 regulations. approval of the commander-in-chief, is authorized to make 
 and publish regulations for the government of the militia 
 in all matters not specifically provided for by law, con- 
 forming the same to the practice and regulations of the 
 Army so far as they may be applicable. 
 
 vTp'215 SEC * 63 ' That the act Umore effectually to provide for 
 37 E - s jg- c., *ch. the organization of the militia of the District of Columbia," 
 approved March third, eighteen hundred and three, is 
 hereby repealed. Act of March 1, 1889 (25 Stat. L., 772). 
 1287t That the Secret ary of War be, and he is hereby, 
 
 8t jS?' 23 1888 au ^ nor i ze( l to issue from the stores of the Army such arms, 
 v. 25, p. 627. ordnance stores, quartermasters' stores, and camp equi- 
 page, to the militia of the District of Columbia as he may 
 deem necessary for their proper equipment and instruction. 
 
THE MILITARY LAWS OF THE UNITED STATES. 477 
 
 The property so issued shall remain and continue to be 
 the property of the United States, and shall be annually 
 accounted for in such manner as the Secretary of War may 
 require. Act of July 23, 1888 (25 Stat. L., 627}. 
 
 1288. That hereafter all leases and contracts involving ex- Leases, etc., to 
 penditures on account of the militia shall be made by the missioned of the 
 Commissioners of the District of Columbia ; and the appro- Columbia*. n< 
 priations for the militia shall be disbursed only upon vouch- v . 29?p. 412. ' 
 ers duly authorized by the Commissioners, for which they 
 
 shall be held strictly accountable. And no contract shall be 
 made or liability incurred under appropriations for the 
 militia of the District of Columbia, beyond the sums herein 
 appropriated. Act of June 11, 1896 (29 Stat. L., 412). 
 
 TERRITORIAL MILITIA. 
 
 1289. The executive power of each Territory shall be mi ^f a Territorial 
 vested in a governor, who shall hold his office for four July 19, 1876, c. 
 years, and until his successor is appointed and qualified, & Mex., sept. 
 unless sooner removed by the President. He shall reside v. o, p. 44? ; Utah, 
 
 j_i m -A 1-11- i -i i i 11 i Sept. 9, 1850, c. 51, 
 
 m the Territory for which he is appointed, and shall be s.2, v.9, p.453-1 
 commander-iii-chief of the militia thereof. He may grant ISM-, c'. 90,8,2,*'. 
 pardons and reprieves, and remit fines and forfeitures, for Feb^'2? ; i86iJo! 
 offenses against the laws of the Territory for which he isifef'Dak.', Ma?.' 
 appointed, and respites for offenses against the laws of the|; ^ 6 1' 2) C P 86 239J 
 United States, till the decision of the President can be^jg^ .^ f e j; 2t ^ 
 made known thereon. He shall commission all officers Mar' 
 who are appointed under the laws of such Territory, and JJJ^ 8 M 
 shall take care that the laws thereof be faithfully executed. > 64> 8 c 6 -.^ 8 - 2 ' 
 
 July 25, 1868, c. 235, s. 2, v. 15, p. 178. American ins'.' 
 Co. v. 356 Bales of Cotton, 1 Pet., 511. Sec. 1841, R. S. 
 
 Justices of the peace and ail general officers of the militia Election of .iu8- 
 
 , ,,, . . IT,-, i -, i tices of the peace 
 
 in the several Territories shall be elected by the people and militia offi. 
 in such manner as the respective legislatures may provide June is, 1844, c. 
 
 69, s. 2, v. 5, p. 671. 
 bylaw. Sec. 1856, B.S. 
 
 All township, district, and county officers, except jus- mh^ officers^ 
 tices of the peace and general officers of the militia, shall 9, isso, c. 49, s.8, 
 
 v.9, p. 449; Utah, 
 
 be appointed or elected in such manner as may be pro- sept. 9, isso, c. 51, 
 vided-by the governor and legislative assembly of each wash 7 .', k P ar. 2,' 
 Territory; and all other officers not herein otherwise pro- 10, p. c 'i75; coio.,' 
 vided for, the governor shall nominate, and by and withes. 7?V 18 i2, 
 
 the advice and consent of the legislative council of 
 Territory, shall appoint; but, in the first instance, where a 
 new Territory is hereafter created by Congress, the gov- 
 ernor alone may appoint all the officers referred to in this ^ r> 8 ^ 
 and the preceding section and assign them to their respec- g 1 igjj^&f 
 tive townships, districts, and counties; and the officers 8O J; J 3> P^}^'* 
 appointed shall hold their offices until the end of the first 235,3. 7,' v. 17, p. 
 session of the legislative assembly. sec.i857,R.s. 
 
478 THE MILITARY LAWS OF THE UNITED STATES. 
 
 1290t Tnat tue Secretarv of War is hereby authorized to 
 
 and border cause to be issued to the Territories, and the States border- 
 
 States. 
 
 joint Kes. NO. ing thereon, such arms as he may deem necessary for their 
 v. 19,^214'; Joint protection, not to exceed one thousand to said States and 
 3, 1877, V.'IQ, p! Territories each, and ammunition for the same, not to 
 v!2ojp a 6i! 6> 1878> exceed fifty ball cartridges for each arm: Provided, That 
 such issues shall be only from arms owned by the Govern- 
 ment which have been superseded and no longer issued to 
 the Army : Provided however, that said arms shall be issued 
 only in the following manner, and upon the following con- 
 ditions, namely, upon the requisition of the governors of 
 said States or Territories showing the absolute necessity 
 of arms for the protection of the citizens and their property 
 against Indian raids into said States or Territories also 
 that militia companies are regularly organized and under 
 control of the governors of said States or Territories to 
 whom said arms are to be issued, and that said governor or 
 governors shall give a good and sufficient bond for the 
 return of said arms or payment for the same at such time 
 as the Secretary of War may designate: Provided, That 
 the quota to the States now authorized by law shall not 
 hereby be diminished. 1 Joint Res. No. 13, July 3, 1876 (19 
 Stat. L., 214). 
 Additional 1291. That the Secretary of War is hereby authorized 
 
 ar ra s , etc., for 
 
 Territories. to cause to be issued to each of the Territories of the 
 26, ?iune 7, 1878,' United States (in addition to arms and ammunition the 
 issue of which has been heretofore provided for), such arms 
 not to exceed one thousand in number as he may deem 
 necessary, and ammunition for the same not to exceed fifty 
 ball cartridges for each arm: Provided, That such issue 
 shall be only from arms owned by the Government of the 
 United States which have been superseded and no longer 
 issued to the Army: And provided further, That said arms 
 shall be issued only in the following manner, and upon the 
 following conditions, namely, upon the requisition of the 
 governors of said Territories showing the absolute necessity 
 for arms for the protection of citizens and their property 
 against hostile Indians within or of Indian raids into such 
 Territories : And provided further, That the said governor 
 or governors of said Territories to whom the said arms may 
 be issued shall give good and sufficient bond or bonds for 
 the return of said arms, or payment therefor, at such time 
 as the Secretary of War may designate, as now provided 
 for by law. Joint Res. No. 26, June 7, 1878 (20 Stat. L., 
 252). 
 
 J Superseded as to the Territories by joint resolution No. 26, June 7, 1878 (20 Stat. 
 L., 252), paragraph 1291, post. See alao paragraphs 1276 and 1277, ante. 
 
CHAPTER 
 
 MILITAEY TRIBUNALS COURTS-MARTIAL 
 OOUETS OF INQUIRY. 
 
 Par. 
 
 1292. Arrest of officers. 
 
 1293. Confinement of 
 
 enlisted 
 
 men. 
 
 1294 . Limit of time in case of ar- 
 
 rest or confinement. 
 
 1295. The same. 
 
 1296. Written statement of of- 
 
 fense, refusal of provost- 
 marshal to receive; pen- 
 alty. 
 
 1297. Report of prisoners. 
 
 1298. Release of prisoner; permit- 
 
 ting escape. 
 
 1299. Who may convene general 
 
 courts-martial in time of 
 peace. 
 
 1300. Who may convene in time 
 
 of war. 
 
 1301. Composition. 
 
 1302. When requisite number is 
 
 not present at a post. 
 
 1303. Regular officers not to sit on 
 
 court to try officers or sol- 
 diers of other forces. 
 
 1304. Officers of Marines and of 
 
 Regular Army may be as- 
 sociated on courts. 
 
 1305. Officers triable by general 
 
 courts-martial. 
 
 1306. Retainers to camp. 
 
 1307. Militia while in service sub- 
 
 ject to Articles of War. 
 
 1308. Contempts of court. 
 
 1309. Judge-advocates. 
 
 1310. Judge-advocate to with- 
 
 draw from closed session. 
 
 1311. Witnesses compelled to at- 
 
 tend. 
 
 1312. Reporter. 
 
 1313. Record, disposition of. 
 
 1314. Approval of sentence by of- 
 
 ficer ordering court. 
 
 Par. 
 1315. 
 
 1316. 
 1317. 
 
 Confirmation of death sen- 
 tence; offenses in time of 
 war. 
 
 Confirmation of sentences of 
 dismissal in time of peace. 
 
 The same; confirmation by 
 division or brigade com- 
 manders. 
 
 1318. The same; sentences re- 
 
 specting general officers. 
 
 1319. The same; confirmation by 
 
 officer ordering court. 
 
 1320. The same; suspension of 
 
 sentences pending Execu- 
 tive action. 
 
 1321. Pardon and mitigation of 
 
 punishments. 
 
 1322. Party entitled to copy of 
 
 record. 
 
 1323. Regimental courts-martial. 
 
 1324. Redress of wrongs. 
 
 1325. Field officers' courts. 
 
 1326. Confirmation of sentences. 
 
 1327. Garrison courts-martial. 
 
 1328. Jurisdiction of minor courts. 
 
 1329. The summary court. 
 
 1330. Power to remit or mitigate 
 
 sentences. 
 
 1331. Trials by commanding of- 
 
 ficer. 
 
 1332. Enlisted man may request 
 
 court-martial. 
 
 1333. Report of cases tried. 
 
 1334. Limit of punishment. 
 
 1335. No person to be twice tried 
 
 for same offense. 
 
 1336. Limitation on time of prose- 
 
 cution. 
 
 1337. Limitation on prosecutions 
 
 for desertion in time of 
 peace. 
 
 1338. Courts of inquiry. 
 
 479 
 
480 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Par. % Par. 
 
 1339. Composition. 1350. 
 
 1340. Oaths of members and re- 
 
 corder. 1351. 
 
 1341. Power to summon and exam- 
 
 ine witnesses. 1352. 
 
 1342. Opinion; when given. 
 
 1343. Authentication of proceed- 1353. 
 
 ings. 
 
 1344. Proceedings; when used as i 
 
 evidence. 1354. 
 
 1345. Evidence to be given under 
 
 oath. 
 
 1346. Accused person may testify. 
 
 1347. Copies of Department rec- 1355. 
 
 ords and papers. 
 
 1348. Copies of records in office of 
 
 Solicitor of Treasury. 1356. 
 
 1349. Transcripts from the books 
 
 of the Treasury in suits 
 against delinquents. 
 
 The same; in indictmentsfor 
 embezzlements, etc. 
 
 Copies of returns in Re- 
 turns Office. 
 
 Extracts from Journals of 
 Congress. 
 
 Copies of records, etc., in 
 offices of United States 
 consuls. 
 
 Authentication of legisla- 
 tive acts, and proof of 
 judicial proceedings in 
 States. 
 
 Proofs of records, etc., kept 
 in offices not pertaining 
 to courts. 
 
 Little & Brown's edition of 
 Statutes to be evidence. 
 
 ARREST AND CONFINEMENT. 
 
 Arrest of offi- 1292. Officers charged with crime shall be arrested and 
 
 65 Art. war. confined in their barracks, quarters, or tents, and deprived 
 
 of their swords by the commanding officer. 1 And any officer 
 
 'An officer may be pnt in arrest by a verbal or \vritten order or communication 
 from an authorized superior, advising him that he is placed in arrest or will con- 
 sider himself in arrest or in terms to that eft'ect. The reason for the arrest need not 
 be specified. At the same time he is usually required to surrender his sword, though 
 this formality may be dispensed with. But an arrest, though an almost invariable, 
 is not an essential preliminary to a military trial. To give the court jurisdiction it 
 is not necessary that the accused should' have been arrested ; it is sufficient if he 
 voluntarily, or in obedience to an order directing him to do so, appears and submits 
 himself to'trial. So neither the fact that an accused has not been formally arrested 
 or arrested at all, nor the fact that having been once arrested and released from 
 arrest he has not been rearrested before trial, can be pleaded in bar of trial or con- 
 stitute any ground of exception to the validity of the proceedings or sentence. An 
 officer is in no case entitled to demand to be 'arrested. (Dig. Opin. J. A. Gen., 169, 
 par. 1.) see, also, MANUAL FOB COURTS-MARTIAL, pp. 4-8. 
 
 The term "crime" is here employed in a general sense, referring to offenses of a 
 military character, as well as to those of a civil character which are cognizable by 
 court-martial. An offense in violation of this article is only committed when an 
 officer, confined in " close arrest " to his quarters, leaves the same without authority. 
 A breach of a mere formal arrest, or of any arrest not accompanied by confinement 
 to quarters, would be an offense, not within this article, but under article 62. (Ibid., 
 p. 78, par. 1.) 
 
 Except in the class of cases indicated in article 24, only "commanding officers " can 
 place commissioned officers in arrest. (See par. 897, Army Regulations, 1895.) The 
 commanding officer thus authorized is the commander of the regiment, company, 
 detachment, post, department, etc., in which the officer is serving. Where a com- 
 pany is included in a post command, the commander of the post rather than the 
 company commander is the proper officer to make the arrest of a subaltern of 
 the company. In the majority of cases, however, arrests are originally ordered 
 by the authority by whom the court has been or is to be convened. (Ibid., 170, par. 2.) 
 
 It is clearly to be inferred from paragraphs 897-898 of the Army Regulations, 1895, 
 that unless other limits ar specially assigned him, an officer in arrest must confine 
 himself to his quarters. It is generally understood, indeed, that he can go to the 
 mess house or other place of necessary resort. It is not unusual, however, for the 
 commander, in the order of arrest, to state certain limits within which the officer is to 
 be restricted, and, except in aggravated cases, these are ordinarily the limits of the 
 post where he is stationed or held. An officer or soldier, though retained in close 
 arrest, should be permitted to receive such visits from his counsel, witnesses, etc., 
 as may be necessary to enable him to prepare his defense. (Ibid., par. 3.) 
 
 The status of being in arrest is inconsistent with the performing of military duty. 
 Placing an arrested officer or soldier on duty terminates his arrest. Releasing a 
 soldier from arrest and requiring him to perform military duty, after his trial and 
 while he is awaiting the promulgation of his sentence, can be justified only by an 
 extraordinary exigency of the service. (Ibid., par. 4.) 
 
 In all cases of "constructive" breach of arrest, such as exercising military author- 
 ity, wearing sword, etc., the accused can not be charged under the sixty -fifth article, 
 
THE MILITARY LAWS OF THE UNITED STATES. 481 
 
 who leaves his confinement before he is set at liberty by 
 his commanding officer shall be dismissed from the service. 
 Sixty-fifth Article of War. 
 
 1293. Soldiers charged with crimes shall be confined until 
 tried by court-martial, or released by proper authority. 1 ^o Art. War. 
 Sixty-sixth Article of War. 
 
 as the punishment is mandatory and authorizes the sentence of dismissal only in case 
 of "leaving his confinement." (Ives, Mil. Law, 66.) 
 
 An officer is not privileged from arrest by virtue of being at the time a member of 
 a general court-martial. But an arrest of an officer while actually engaged upon 
 court-martial duty should, if possible, be avoided. (Dig. J, A. Gen., 170, par. 6.) 
 
 An officer under arrest is not disqualified to prefer charges. (Ibid., 171, par. 7.) 
 
 The imposition of an arrest affects in no manner the right of an officer or soldier 
 to receive the pay and allowances of his rank. Except in a case of a deserter (see 
 par. 129, Army [Regulations, 1895) no legal inhibition exists to paying a soldier while 
 in arrest either before trial or while awaiting sentence his regular pay and emolu- 
 ments. (Ibid., par. 8.) 
 
 An arrest imposed by the Secretary of the Navy upon a chief of bureau in the 
 Navy Department in the following terms, "You are placed under arrest, and you 
 will confine yourself to the limits of the city of Washington," held not to constitute 
 a restraint upon liberty sufficient "to justify the use of the writ of habeas corpus." 
 (Wales v. Whitney, 114 U. S., 564.) 
 
 The principle of the common law by which a witness is protected from arrest (a) 
 should in general be applied to military cases. If it can well be avoided an arrest 
 should certainly not be imposed upon an officer or soldier while attending a court- 
 martial as a witness. But such an arrest would constitute an irregularity only, and 
 would not affect the validity of the proceedings of a trial to which a party thus 
 arrested was subsequently subjected. (Dig. J. A. Gen., p. 171, par. 9.) 
 
 i A soldier while confined in arrest should not be fettered or ironed except where 
 such extreme means are necessary to restrain him from violence, or there is good 
 reason to believe that he will attempt an escape and he can not otherwise be securely 
 held. (Ibid., par. 10. See also par. 909, A. ft., 1895.) 
 
 Under the regulations (par. 907, A. R,., 1895), soldiers in confinement awaiting action 
 on the proceedings of their trials are assimilated to those awaiting trial, and both 
 classes may, at the discretion of the commanding officer, be employed, separately 
 from prisoners undergoing sentence, upon such labor as is habitually required of 
 soldiers. More severe or other labor would not be legal, nor would labor with a 
 police party consisting in whole or in part of men under sentence, however slight 
 their sentence might be.(b) A soldier in arrest in quarters may be required to do 
 cleaning or police work about his quarters which otherwise other soldiers would 
 have to do for him. (Ibid., par. 11. See also, ibid., 79, par. 1 .) See also, MANUAL FOB 
 COUKTS-MABTIAL, pp. 4-8. 
 
 CHARGES AND SPECIFICATIONS. 
 
 Charges and specifications. In our practice, unlike that of the English courts 
 martial, a military charge properly consists of two parts the technical " charge ' 
 and the "specification." The former designates by its name, particular or general, 
 the alleged offense ; the latter sets forth the facts supposed to constitute such offense. 
 An accusation against an officer or soldier not thus separated in form would be 
 irregular and exceptional in our practice, and, till amended, would not be accepted 
 as a proper basis for proceedings under the code. (Dig. Opin. J. A. Gen., 224, par. 1.) 
 See also, MANUAL FOE COURTS-MARTIAL, pp. 15-20. 
 
 Framing of charges. The same particularity is not called for in military charges 
 which is required in indictments, (c) The essentials of a charge are: (1) That it 
 shall be laid under the proper article of war or other statute ; (2) that it shall set forth 
 (in the specification) facts sufficient substantially to constitute the particular offense. 
 These essentials being observed, the simpler and less encumbered with verbiage 
 awl technical terms the charge is, the better, provided it be expressed in clear and 
 intelligible English. However inartificial a pleading may be, it will properly be 
 held sufficient as a legal basis for a trial and sentence, provided that the charge and 
 
 al Greenl. Ev., sec. 316 ; Smythe v. Banks, 4 Dallas, 329. 
 
 6See G. 0. 44, Division of the Atlantic. 1889. 
 
 cln regard to the proper form for a military charge, Attorney-General Gushing 
 (7 Opins., 603) says: "There is no one of exclusive rigor and necessity in which to 
 state military accusations." He adds further: "Trials by court-martial are gov- 
 erned by the nature of the service, which demands intelligible precision of language, 
 but regards the substance of things rather than their forms. * * * The most 
 bald statement of the facts alleged as constituting the offense, provided the legal 
 offense itself be distinctively and accurately described in such terms of precisio'n 
 as the rules of military jurisprudence require, will be tenable in court-martial pro- 
 ceedings, and will be adequate ground work of conviction and sentence." So it ia 
 observed by Attorney-General Wirt (1 Opins., 286) that "all that is necessary" in 
 a military charge is that it be "sufficiently clear to inform the accused of the mili- 
 tary offense for which he is to bo tried, and to enable him to prepare his defense." 
 And see Tytler, 209; Kennedy, 69. It is ably remarked by Gould (Pleading, p. 4) 
 that "all pleading is essentially a logical process ;" and that, in analyzing a correct 
 pleading, "if we take into view, with what is expressed, what is necessarily sup- 
 posed or implied, we shall find in it the elements of a good syllogism." But it can 
 hardly be expected that military charges in general will stand this test. 
 
 1919 31 
 
482 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Limit of time 1294. No officer or soldier put iii arrest shall be continued 
 
 in case ot arrest . 
 
 and confinement, in confinement more than eight days, or until such time 
 as a court-martial can be assembled. Seventieth Article of 
 War. 
 
 specification, taken together, amount to a statement of a military offense either 
 under a specific article or under the general article, "No. 62. (Ibid., par. 2.) 
 
 There can be no legal objection to charging an offense as a "violation of" a par- 
 ticular article of war, although, in general, it will be preferable to charge it by its 
 familiar and received name as "drunkenness on duty," "misbehavior before the 
 enemy," "desertion," etc. (Ibid., 225, par. 3.) 
 
 Where an offense is clearly defined in a specific article, it is irregular and improper 
 to charge it under another specific article. So, where the article in which the 
 offense is defined makes it punishable with a specific punishment to the exclusion of 
 any other, it is error to charge it under an article, such as the sixty-second, which 
 leaves the punishment to the discretion of the court. On the other hand, it is equally 
 erroneous to charge under a specific article, making mandatory a particular punish- 
 ment, an offense properly charged only under article 62. (Ibid., par. 4.) 
 
 Where a specific offense is charged (i. e., an offense made punishable by an article 
 other than the general sixty-second- article) and the specification does not state facts 
 constituting such specific offense, the pleading will be insufficient as a pleading of that 
 offense. Legal effect may, however, be given to a pleading if the charge and specifi- 
 cation taken together amount to an allegation of an offense cognizable by a court- 
 martial under article 62. And in all cases whatever be the form of the charge or 
 specification if the two are not inconsistent, and, taken together, make out an 
 averment of a neglect or disorder punishable under this general article, the pleading 
 will be sufficient in law and will constitute a legal basis for a conviction and sentence. 
 (Ibid., p. 226, par. 6.) 
 
 It is illogical and faulty pleading to charge a secondary offense in lieu of the actual 
 or principal offense, of which that charged was merely a consequence or incident. 
 But where the act committed involves several distinct offenses the party may 
 properly be arraigned upon the same number of separate charges. And all the 
 offenses with which an officer or soldier may be at one time chargeable should if 
 practicable (and if the same are sufficiently grave) be charged and brought to trial 
 together. Undue multiplication, however, of charges, or forms of charge, is to be 
 avoided ; thus charges should not in general be added for minor offenses which were 
 simply acts included in and going to make up graver offenses duly charged. It may, 
 indeed, sometimes be expedient, where the offenses are slight in themselves, and it is 
 deemed desirable to exhibit a continued course of conduct, to wait before preferring 
 charges till a series of similar acts have been committed, provided the period be not 
 unreasonably prolonged ; but in general charges should be preferred and brought to 
 trial immediately or presently upon the commission of the offenses. Anything like 
 an accumulation or saving up of charges through a hostile animus on the part of the 
 accuser is discountenanced by the sentiment of the service, (a) (Ibid.. 226, par. 7.) 
 
 The prosecution is at liberty to charge an act under two or more forms where itia 
 doubtful under which it will more properly be brought by the testimony. (6) In the 
 military practice the accused is not entitled to call upon the prosecution to " elect" 
 under which charge it will proceed in such or, indeed, any case. (Ibid., 227, par. 8.) 
 
 Where there are two sets of charges against an accused they should, if practicable, 
 be consolidated and one trial be had upon the whole, instead of two trials, one upon 
 each set. But after the accused has been arraigned upon certain charges, and has 
 pleaded thereto, and the trial on the same has been entered upon, new and addi- 
 tional charges, which the accused has had no notice to defend, can not be introduced 
 or the accused required to plead thereto. Such charges should be made the subject 
 
 ficiency," "habitual drunkenness," and the like, will be avoided by good pleaders. 
 Such charges, indeed, in connection with specifications setting forth actual military 
 neglects or disorders (not properly chargeable under specific articles), may be sus- 
 tained as equivalent to charges of ' ' conduct to the prej udice of good order and mili- 
 tary discipline." But a chargeof " worthlessness," with specifications setting forth 
 repeated instances of arrests, confinements in the guardhouse, or trials and convic- 
 tions for slight offenses of the accused, held an insufficient pleading; such instances 
 not constituting military offenses, but merely the punishments or penal conse- 
 quences of such offenses. (What is really called for in such a case is a discharge 
 of the soldier under the fourth article of war.) A specification averring a general 
 incapacity induced by habitual intoxication does not set forth a military offense. 
 The accused in such a case should be charged with the acts of drunkenness com- 
 mitted as separate and distinct instances of offense. (c) (Ibid., par. 10.) 
 
 A charge expressed in too general terms is faulty and imperfect; the accused is 
 entitled to know for what particular act he is called to account. Thus a specifica- 
 tion under article 62, in a case of an officer, which set forth, not a specific act of 
 offense, but an habitual course of conduct as incapacitating the accused for service 
 or for the performance of his proper duty, held seriously defective and subject to 
 be stricken out on motion. For such conduct, indeed, the remedy is not by charge 
 and trial, but by retirement under section 1252, Revised Statutes. (Ibid., 236. par. 34.) 
 
 A charge expressed in the alternative either under article 17 or article 60 is 
 
 a See G. C. M. 0. 71, Headquarters of the Army, 1879. 
 
 b "For the purpose of meeting the evidence as it may transpire." State v. Bell, 
 27 Md., 675. 
 c See Gr. 0. 11, War Department, 1873. 
 
THE MILITARY LAWS OF THE UNITED STATES. 483 
 
 1295. When an officer is put in arrest for the purpose of 
 trial, except at remote military posts or stations, the officer 
 by whose order he is arrested shall see that a copy of the 
 charges on which he is to be tried is served upon him 
 
 irregular and defective, and, upon motion, may be stricken out or required to be 
 amended. (Ibid., par. 35.) 
 
 The specification should be appropriate to the charge. A charge of "conduct to 
 the prejudice of good order and military discipline," with a specification setting 
 forth a violation of a specific article, is an irregular and defective pleading, and so 
 of course is a charge of a specific offense with a specification describing not that but 
 a different specific offense, or a simple disorder or neglect of duty. (Ibid., p. 228, 
 par. 12.) 
 
 Where a specification to a charge preferred by a superior against an inferior officer, 
 instead of referring to the former in the third person, alleged that the accused ad- 
 dressed abusive language to "me," and committed an assault upon "me." without 
 naming or otherwise indicating the subject of the abuse or assault, held that such a 
 form, though supported by some of the English precedents, was not sanctioned by 
 our practice, and that, on objection being made to the same by the accused, the court 
 would properly either require that the specification be amended, or that, in incorpo- 
 rating the charge in the record, the name of the preferring officer be added. (Ibid., 
 p. 229, par. 14.) 
 
 A specification, in alleging the violation of an order which has been given in writ- 
 ing, or of any "written obligation as an oath of allegiance, parole, etc. should pref- 
 erably set forth the writing verbatim, or at least state fully its substance, and then 
 clearly detail the act or acts which constituted its supposed violation. (Ibid., 230, 
 pur. 16.) 
 
 Allegations of time and place. The time and place of the commission of the offense 
 charged should properly be averred in the specification'm order that it may appear 
 that the offense was committed within the period of limitation fixed by the one hun- 
 dred and third article, and in order to enable the accused to understand what par- 
 ticular act or omission he is called upon to defend, (a) A reasonably exact allegation 
 of the time is also important in some cases especially those of desertion and absence 
 without leave in order that the accused, if subsequently brought to trial for the 
 same offense, or, what is the same thing in law, for an offense included in the origi- 
 nal offense, may be enabled (by an exhibition of the record) properly to plead a for- 
 mer acquittal or conviction of that offense. (Ibid... par. 17.) 
 
 Where the exact time or place of the commission of the offense is not known it is 
 frequently preferable to allege it as having occurred "on or about" a certain date 
 or time, or "at or near" a certain locality, rather than to aver it as committed on a 
 particular day or between two specified days, or at a particular place. There is no 
 defined construction to be placed upon the words " on or about as used in the alle- 
 gation of time in a specification. The phrase cannot be said to cover any precise 
 number of days or latitude in time. It is ordinarily used in military pleading for 
 the purpose of indicating some period, as nearly as can be ascertained and set forth, 
 at or during which the offenses charged are believed to have been committed, in 
 cases where the exact day can not well be named, And the same is to be said as to 
 use of the words "at or near" iu connection with the averment of place. These 
 terms "on or about" and "at or near" are, however, not infrequently (though 
 unnecessarily) employed in practice where the exact time or place is known and 
 can readily be alleged. (Ibid., par. 18.) 
 
 The allegation of time in a specification should be as nearly defined as the facts 
 will permit; but where the act or acts charged extended over a considerable space 
 of time it may be necessary to cover such period in the allegation. Thus allega- 
 tions of "from March to September, 1887," and "from May to October, 1888," have 
 been countenanced in a case in which the accused was charged with the neglect of a 
 duty the performance of which was thus continuous. (See G. C. M. 0. 21 of 1889.) 
 (Ibid. ,236, par. 36.) 
 
 The same exactness in the averment of time is in general scarcely required where 
 the offense charged is one of omission as \\ here it is one of the commission of a 
 specific act. It is sufficient in the former case to allege that the offense occurred 
 between certain named dates not unreasonably separated. So, an offense of com- 
 mission, which probably was not completed, or may not have been completed on 
 any particular day, may be similarly charged. Thus held that the allegations of 
 time and place were sufficient in a specification in which it was set forth that the 
 
 offense charged (which consisted of an improper disposition of public properly) was 
 committed by the accused "while en route between Austin, Tex., and Waco, Tex., 
 between the 5th and 25th days of May, 1867." (Ibid., 231. par. 19.) 
 
 But where it was alleged in a specification that the accused was drunk on duty at 
 some time or times during a period of seventy days, held that the specification did 
 not give sufficient notice to the accused of the specific offense which he was required 
 to defend, and was therefore uncertain and insufficient, (b) (Ibid.) 
 
 Where a specification alleged that the accused was absent without leave at various 
 times between two dates, twenty days apart, held that the same was defective and 
 subject to exception as being double, each such absence being a substantive and dis- 
 
 aAs to the latitude allowable in the allegation of time in military pleadings, com- 
 pare 1 Opin. Att. Gen., 295, 296. In the civil practice, " nothing is better settled than 
 that proof of guilt is not confined to the day mentioned in the indictment. It may 
 extend back to any period previous to the finding of the bill and within the statu- 
 tory limit for prosecuting the offense. '' McBryde v. State, 34 Ga., 203. 
 
 & Compare cases in G. 0. 193, Army of the Potomac, 1 862 : G. 0. 98, Department of 
 New Mexico, 1862. 
 
484 THE MILITARY LAWS OF THE UNITED STATES. 
 
 within eight days after his arrest, and that he is brought 
 to trial within ten days thereafter, unless the necessities 
 
 tinct offense, (a) X, 471. But where the specification to a charge of violation of the 
 sixtieth article alleged the presentation by the accused of a fraudulent claim for 
 rations furnished for recruits and also for lodgings furnished for the same recruits 
 at the same time, held that the specification related to one transaction and was not 
 therefore to be necessarily regarded as double or defective, in view of the liberal rules 
 of pleading applicable to military charges. (Ibid., p. 229, par. 15.) 
 
 Where time or place is omitted to be averred, or is averred without sufficient 
 definiteness, and the defect is excepted to by the accused on being called upon to plead, 
 the court will probably direct that an amendment be made. But where in either 
 such case no objection 'is interposed by the accused, the proceedings will be sufficient 
 in law provided the time and place of the offense can be made out with reasonable 
 certainty from the testimony in connection with the specifications. If otherwise, 
 the proceedings will, where practicable, properly be returned to the court for cor- 
 rection, or, where this can not be done, will, in general, probably be disapproved. 
 And where the offense is alleged to have been committed on a particular day, and 
 the evidence shows that it was committed on quite a different day, in such case, 
 provided time is not of the essence of the offense, and the specific act charged is suffi- 
 ciently identified by the other testimony, the variance between the allegation and 
 the proof will not constitute a fatal defect, and need not induce a disapproval of the 
 sentence where there has been a conviction. A return, however, of the record to 
 the court for correction, if practicable, would well be resorted to by the reviewing 
 officer before taking final action. (Dig. J. A. Gen., 231, par. 20.) 
 
 Matter of evidence in pleading. While it is in general irregular to plead matter of 
 evidence, there is no objection to noting in brief in the specification the immediate 
 result or effect of the act charged, as a circumstance of description illustrating the 
 character and extent of the offense committed. Thus, while a homicide, if amounting 
 to murder, and capital under section 5339, Revised Statutes, or by the law of the 
 State, etc., can not as such be made the subject of a military charge in time of peace 
 (see sixty-second article), yet a capital homicide, where it has been committed in 
 connection with or as a consequence of a specific military offense charged against 
 the accused, as, for example, "mutiny," or "offering violence to a superior officer," 
 may properly be stated in the conclusion of the specification, as matter of aggrava- 
 tion and as "indicating the animus of the accused or the amount of force employed. 
 (Ibid. ,232, par. 21.) 
 
 Joint charges. Properly to warrant the joining of several persons in the same 
 charge and the bringing them to trial together thereon, the offense must be such as 
 requires for its commission a combination of action and must have been committed 
 by the accused in concert or in pursuance of a common intent. The mere fact of 
 their committing the same offense together and at the same time, although material 
 as going to show concert, does not necessarily establish it. Thus the fact that sev- 
 eral soldiers have absented themselves together without leave will not, in the ab- 
 sence of evidence indicating a conspiracy or concert of action, justify their being 
 arraigned together on a common charge, for they may merely have been availing 
 themselves of the same convenient opportunity for leaving their station. (Ibid., 
 par. 22.) 
 
 Desertion, of which the gist is a certain personal intent, is not ordinarily charge- 
 able as a joint offense. (6) Where two or more soldiers have deserted together as 
 the result of a concerted plan, they may properly be jointly charged with "conspir- 
 acy to desert, to the prejudice of good order and military discipline^' (or with desertion 
 in 'the execution of a conspiracy G. 0. 21 of 1891), or each, in addition to being charged 
 with desertion, may also be severally charged with engaging in such conspiracy- 
 In the absence of such additional charge, the fact of concert may of course be put 
 in evidence under the charge of desertion as illustrating the animus of the act com- 
 mitted. (Ibid.) 
 
 By whom preferred, Military charges, though commonly originating with military 
 persons, may be initiated by civilians ; indeed, it is but performing a public duty for 
 a civilian, who becomes cognizant of a serious offense committed by an officer or sol- 
 dier, to bring it to the attention of theproper commander. So a charge may originate 
 with an enlisted man. But, by the usage of the service, all military charges should be 
 formally preferred by, i. e., authenticated by the signature of, a commissioned officer. 
 Charges proceeding from a person outside the Army, and based upon testimony not 
 in the possession or knowledge of the military authorities, should, in general, be 
 required to be sustained by affidavits or other reliable evidence, as a condition to 
 their being adopted. (Ibid., 233, par. 23.) 
 
 Any officer may prefer charges ; an officer is not disqualified from preferring charges 
 by the fact that he is himself under charges or in arrest. Charges should be pre- 
 ferred to the authority empowered to convene the court for their trial. The signing 
 of charges, like orders, with the name of an officer, adding "by the order of" his 
 commander, is unusual and objectionable. Charges, where not' signed voluntarily 
 by the officer by whom they are preferred, are, in practice, usually subscribed by 
 the judge-advocate of the court. (Ibid., par. 24.) 
 
 In cases where charges preferred against an officer are apparently susceptible of 
 a reasonable explanation, it is not unusual, especially where the charges are 
 
 a In the military, as in the civil, practice, double pleading i. e., specifications set- 
 ting forth two (or more) distinct offenses (especially when chargeable under different 
 articles of war) are properly condemned, and in 'sundry cases the conviction and 
 sentence have been disapproved on account of the duplicity in law of the pleadings. 
 See G. C. M. 0. 80, War Department, 1875; G. O. 3, 83, Department of the Missouri, 
 1863 ; id. 49, Department of the Ohio, 1864. 
 
 6 See G. 0. 78, War Department, 1872, issued by the Secretary of War in accordance 
 with opinions, previously given, of the Judge- Advocate-General. 
 
THE MILITARY LAWS OP THE UNITED STATES. 485 
 
 of the service prevent such trial ; and then he shall be 
 brought to trial within thirty days after the expiration of 
 
 E referred by an inferior against a superior, to afford the officer charged an oppor- 
 inity to make explanation before it be determined whether to bring him to trial. 
 (Ibid., 234, par. 25.) 
 
 It is a reprehensible practice to allow charges to lie long dormant before being 
 preferred. Charges should not be delayed, but should be brought to trial as soon as 
 practicable and while the evidence is fresh. A delay of five months remarked upon 
 as prejudicial to the administration of justice and unfair to the accused. (Ibid., 235, 
 par. 30.) 
 
 Commanding officers are not required to bring every dereliction of duty before a 
 court for trial, but will endeavor to prevent their recurrence by admonitions, with- 
 holding of privileges, and taking such steps as may be necessary to enforce their 
 orders. (Par. 930, A. R., 1895.) 
 
 Noncommissioned officers above the rank of corporal will not, if they object 
 thereto, be brought to trial beftre regimental, garrison, or summary courts-martial, 
 without the authority of the officer competent to order their trial by general court- 
 martial; nor will sergeants of the post noncommissioned staff or hospital stewards 
 be reduced, but they may be dishonorably discharged whenever reduction is 
 included in the limit of punishment. (Par. 931, ibid.) 
 
 Charges, though prepared in the office of the Judge- Advocate-General, are not to 
 be signed by him. If not signed by the officer actually preferring them, they will 
 properly be authenticated by the signature of the acting judge-advocate o'f the 
 department, or, preferably, by the judge-advocate of the court. (Dig. Opin. J. A. 
 Gen., 235, par. 31.) 
 
 when the 
 By pleadi 
 
 I5ut, to be taken cognizance of by the court, it is notessential that a charge should 
 be signed by any officer. If, though not so signed, it be duly officially transmitted 
 by the convening commander, or other competent superior authority, to the court, 
 either directly or through the judge-advocate "fortrial," or "for the action of the 
 court," or in terms to such effect, it is sufficiently authenticated for the purposes 
 of trial, and trial upon it may be proceeded with by arraignment thereon of the 
 accused. (Ibid., par. 33.) 
 
 Reference for trial. In general, charges can regularly and properly be ordered to 
 be tried, or transmitted for trial to the court, only by the authority of the officer 
 convening the court or that of his superior. An inferior to the convening officer can 
 not properly refer charges to the court for trial except under some specific or gen- 
 eral authority received from that officer.(a) The mere fact, however, that a court 
 has proceeded to the trial of charges, referred to it without due authority by a com- 
 mander inferior to the one who convened the court, can not affect the legality of the 
 finding or sentence in the case. (Ibid., 234, par. 26.) 
 
 Withdrawal of charges. A withdrawal of charges constitutes no legal bar to their 
 being subsequently revived and repreferred. Charges, however, once formally 
 withdrawn will not in general properly be revived except upon new material evi- 
 dence being obtained. Charges once accepted as a sufficient basis for action, by the 
 commander competent to convene a court for their trial, can not properly be with- 
 drawn except by his authority. (Ibid., 234, par. 27.) 
 
 Amendment of charges. How far charges may be amended by the judge-advocate 
 before the organization of the conrt depends mainly upon his authority, general or 
 special, to make amendments. After the arraignment, amendments of form may 
 always be rr.ade, with the assent of theaccused or by the direction of the court ; and 
 so may slight amendments of substance not so modifying the pleading as to make 
 it a charge of a new and distinct offense. An amendment so substantial as mate- 
 rially to modify the "matter" before the court, will not in general be authorized 
 (see eighty-fourth article), and any amendment whatever of substance should be 
 alloweu by the court with caution and subject to the right of the accused to apply 
 for a continuance. (See ninety-third article.) (Ibid., par. 28.) 
 
 The judge advocate is not unfrequently directed to prepare or reframe charges; 
 but where charges, already formally preferred, are transmitted to him for prosecu- 
 tion, he should not assume to modify them in material particulars fti the absence of 
 authority from the convening officer. While he may ordinarily correct obvious mis- 
 takes of form or patent or slight errors in names, dates, amounts, etc., he can not 
 without such authority make substantial amendments in the allegations, or least 
 of all reject or withdraw a charge or specification, or enter a nolle prosequi as to 
 the same, or substitute a new and distinct charge for one transmitted to him for 
 trial by the proper superior, (b) (Ibid., p. 458, par. 10.) 
 
 A list of the proposed witnesses is no part of the military charge, though such a 
 list may properly be and is not unfrequently appended to a charge. In serving 
 upon the accused a copy of the charges, it is not essential, though the better prac- 
 tice, to add a copy of the list of witnesses where one is appended to the original 
 charges. Appending such a list does not preclude the prosecution from calling 
 witnesses not named therein. (Ibid., 235, p. 29.) 
 
 A middle name or initial is no part of a person's name in law, and, except where 
 it is necessary to identify the individual, may be omitted from the charge without 
 
 a This rule, though not always insisted upon in practice, has been repeatedly en- 
 joined in express terms by department commanders. See, for example, G. O. 67, 
 Department of Arkansas, 1864; G. O. 88, Department of Dakota, 1869; G. O. 8, De- 
 partment of Texas, 1874. 
 
 fcSee G. O. 64; Department of the Cumberland, 1867; ibid. 98, ibid., 1868; ibid. 85, 
 Department of the South, 1874; G. C. M. O. 36, 42, Department of the Platte, 1877; 
 ibid. 13, ibid., 1878; ibid. 48, Military Division of Pacific and Department of Cali- 
 fornia, 1880. 
 
486 THE MILITARY LAWS OF THE UNITED STATES. 
 
 said ten days. 1 If a copy of the charges be not served, or 
 the arrested officer be not brought to trial, as herein re- 
 quired, the arrest shall cease. 2 But officers released from 
 arrest, under the provisions of this article, may be tried, 
 whenever the exigencies of the service shall permit, within 
 twelve months after such release from arrest. 3 Seventy-first 
 Article of War. 
 written state- 1296. No provost marshal, or officer commanding a guard, 
 
 ment of offense; . . . , , 
 
 refusal of pro shall refuse to receive or keep any prisoner committed to 
 
 receive*' to his charge by an officer belonging to the forces of the 
 
 67 Art. war. jj nited gtatesj provided the officer committing shall, at 
 
 the same time, deliver an account in writing, signed by 
 
 himself, of the crime charged against the prisoner. Sixty - 
 
 seventh Article of War.* 
 
 Report of pris- 1297. Every officer to whose charge a prisoner is com- 
 OI 68 S Art. war. mitted shall, within twenty-four hours after such commit- 
 ment, or as soon as he is relieved from his guard, report 
 in writing, to the commanding officer, the name of such 
 prisoner, the crime charged against him, and the name of 
 the officer committing him; and, if he fails to make such 
 report, he shall be punished as a court-martial may direct. 
 Sixty -eighth Article of War. 
 
 affecting the validity of the finding or execution of the sentence. So a misnomer 
 in a charge, consisting of an erroneous middle name or initial, may be disregarded in 
 a charge unless the accused moves to strike out or interposes an objection, in the 
 nature of a plea in abatement, when he must also state his true name. The charge 
 may then be amended accordingly in court, without delaying the proceedings. 
 (Ibid., 236, par. 37.) 
 
 A material amendment of a charge should properly be made before the actual trial. 
 Where a court-martial, after the trial was concluded, directed a specification to be 
 amended so as to render it more definite as to time and place, and then caused the 
 accused to be arraigned and to plead over again, uunc pro tune, held, that its action 
 was without sanction of law or precedent. (Ibid., par. 38.) 
 
 A failure at the arraignment to take notice of a variance between the form of a 
 specification to which the accused is called upon to plead and such specification as it 
 appeared in tne copy of the charges served at his arrest, is a waiver of the objection, 
 and the same can' not be taken advantage of at a subseq uent stage of the proceedings. 
 (Ibid., 237, par. 39.) 
 
 Statement of enlistments. The statement as to enlistments, discharges, etc., re- 
 quired by paragraph 927 Army Regulations, 1895, to be furnished with the original 
 charge to the convening authority, is not intended to be accompanied by a declara- 
 tion, on the part of the commanding officer of the accused as to his present character. 
 The regulation does not call for the officer's opinion on the subject, or contemplate 
 that the character of the accused will be taken into consideration at this time. ( Ibid., 
 par. 40.) 
 
 1 Though an officer in whose case the provisions of this article in regard to service 
 of charges and trial have not been complied with is entitled to be released from arrest, 
 he is notauthorized to release himself therefrom. If he be not released in accordance 
 with the article, he should apply for his discharge from arrest, through the proper 
 channels, to the authority by whose order the arrest was imposed or other proper 
 superior. (Dig. J. A. Gen., p. 80, par. 1.) 
 
 The term 'within ten days thereafter," held to mean after his arrest. (Ibid., par. 2.) 
 
 2 Held a sufficient compliance with the requirement as to the service of charges, to 
 have served a true copy of the existing charges and specifications, though the list of 
 witnesses appended to the original charges was omitted, and though the charges 
 themselves were not in sufficient legal form, and were intended to be amended and 
 redrawn. (Ibid., p. 81, par. 3.) 
 
 8 The fact thatcasesof officers putin arrest "atremote military posts or stations ' are 
 excepted from the application of the article does not authorize an abuse of the power 
 of arrest in these cases. And where in such a case an arrest, considering the facili- 
 ties of communication with the department headquarters and other circumstances, 
 was in fact unreasonably protracted without trial, held that the officer was entitled 
 to be -eleased from arrest upon a proper application submitted for the purpose. (Ibid., 
 par. 4. ) 
 
 4 See in this connection the English case of Wolton v. Gavin (16 Q. B., 70), cited in 
 Ives's Mil. Law, p. 74. 
 
THE MILITARY LAWS OF THE UNITED STATES. 487 
 
 1298. Any officer who presumes, without proper author- 
 
 ity, to release any prisoner committed to his charge, or pgf lt escape * 
 suffers any prisoner so committed to escape, shall be pun- 69 Art. war. 
 ished as a court-martial may direct. Sixty-ninth Article of 
 War. 
 
 GENERAL COURTS-MARTIAL. 
 CONSTITUTION AND COMPOSITION. 
 
 1299. Any general officer commanding an army, a Terri- 
 torial Division or a Department, or colonel commanding 
 separate Department may appoint general courts-martial 72 Art. war 
 whenever necessary. But when any such commander is 
 
 the accuser or prosecutor of any officer under his com- 
 mand the court shall be appointed by the President $ and 
 its proceedings and sentence shall be sent directly to the 
 Secretary of War, by whom they shall be laid before the 
 President, for his approval or orders in the case. 1 Seventy- 
 second Article of War. Act of July 5, 1884 (23 Stat. L., 121). 
 
 1 This article specifies by what military officers a general court-martial may be con- 
 stituted. The President of the United States has the power to order such a court, 
 as the constitutional Commander in Chief of the Army, irrespective of this article 
 or other statute. (Dig. Opin. J. A. Gen. 81,j>ar. 1) 
 
 The President, as Commander in Chief, has a right, virtute officio. to appoint a 
 general court-martial. Runkle v. TL S.. 19 C. Cls. R-. 396. A power to appoint 
 courts-martial devolved, by statute, on any other officer is shared by the President, 
 though he be not named therein. Since the earliest legislation of our Government it 
 has been understood and intended that powers granted to general officers in regard 
 to courts martial are thereby granted to the President. His name is to be understood 
 as written in every statute which confers upon a military officer military authority. 
 Swaim v. TJ. S., 28 C. Cls. E,., 173. 
 
 The President is empowered to convene general courts-martial, not merely in the 
 class of cases specified in the seventy- second article of war (viz, where a military 
 officer, thereby authorized to convene such a court, is the "accuser or prosecutor" of 
 an officer in his command whom it is desired to bring to trial), but, generally and in 
 any case, by virtue of his authority as Commander in Chief of the Army. As such 
 he is authorized to give orders to his subordinates, and the convening of a court- 
 martial is simply the giving of an order to certain officers to assemble as a court and 
 exercise certain powers conferred upon them, when so assembled, by the Articles of 
 War. This general power has been exercised in repeated instances by the President 
 since the formation of the Government. Indeed, if the same could not be exercised, 
 it would be impracticable, in the absence of an assignment of a general officer to 
 command the Army, to administer military justice in a considerable class of cases of 
 officers and soldiers not under the command of any department, etc., commander, as 
 a large proportion of the officers of the general staff, for example, (a) (Dig. Opin. 
 J. A. G., 605, par. 1) 
 
 A convening of a general court-martial nominally by the Secretary of War is in 
 law a convening by the President, and therefore as legal as if the President himself 
 had signed the order. (Ibid., 606, par. 2.) 
 
 This article, in empowering certain commanders to constitute the superior courts- 
 martial, makes them the judges in general of the expediency of ordering such courts 
 in particular instances. Except where specially authorized to do so by law or reg- 
 ulation, an officer or soldier can not demand a court-martial in his own case. (Ibid., 
 81, par. 2.) 
 
 Where a commander empowered by this article to convene a general court-martial 
 declines, in the exercise of his discretion, to approve charges submitted to him by an 
 inferior and to order a court thereon, his decision should in general be regarded as 
 final (Ibid., par. 3.) 
 
 The authority to order a court under this article is an attribute of command. Thus 
 a department commander, detached and absent from his command for any considera- 
 ble period by reason of having received a leave of absence (whether of a formal or 
 in formal character), or having been placed upon a distinct and separate duty (as that 
 
 a The authority of the President as Commander in Chief to institute general 
 courts-martial has been in fact exercised from time to time, from an early period, in 
 a series of cases, commencing with those of Brigadier- General Hull, Mai or- General 
 Wilkinson, and Major-General Gaines, tried in 1813-1816, and including that of 
 Brevet Major-General Twiggs, tried in 1858. His authority in this particular has 
 been in substance affirmed by the Judiciary Committee of the Senate, in Report No. 
 868, dated March 3, 1879, Forty -fifth Congress, third session. (A single member pf 
 the committee apparently dissented, in a subsequent report of April 7, 1879, Mis. 
 Doc. No. 21, Forty-sixth Congress, firat session.) 
 
488 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Who may con- 1300. In time of war the commander of a division, or of 
 
 vene in time of 
 
 war. a separate brigade of troops, shall be competent to appoint 
 
 Dec. 24, 1861* c. a general court-martial. But when such commander is the 
 
 3, v. 12, p. 330. , , . 
 
 accuser or prosecutor 01 any person under his command, 
 the court shall be appointed by the next higher com- 
 mander. 1 Seventy-third Article of War. 
 
 of a member of a court or board convened outside his department, for example), is 
 held to be incompetent during such absence to order a general court-martial as de- 
 partment commander, even though no other officer has been assigned or has succeeded 
 to the command of the department. (Ibid., 82, par. 5.) 
 
 Nor can a department commander, thus absent, exercise such authority through a 
 staff officer or other subordinate, or delegate the same to a subordinate to be exer- 
 cised by him. Nor, where a general court-martial duly convened by a department 
 commander has, at u time when the commander is thus absent from his command, 
 been reduced, by an incident of the service, below five members, can another member 
 legally be detailed upon the court, by the assistant adjutant-general, or other subor- 
 dinate officer remaining in charge of the headquarters ; since such a detail would be 
 an exercise of a portion of the authority vested by this article in the commander, 
 and which can in no part be delegated. (Ibid.) 
 
 An assistant adjutant-general, or other staff officer of a department commander, is 
 not empowered, of his own authority, in the absence of the commander, to relieve 
 an officer duly detailed upon a court-martial by such commander, any more than he 
 is so empowered to detail a new officer as a member of such a court. (Ibid., 88, 
 par. 7.) See also, in this connection, MANUAL FOR COURTS-MARTIAL, pp. 9-11. 
 
 CONVENING OFFICER AS ACCUSER OR PROSECUTOB. 
 
 To fix upon the commander who convened the court the character of "accuser or 
 prosecutor" it is not essential that he should have signed the charges on which the 
 accused was tried. (Ibid., p. 82, par. 6.) 
 
 The mere fact that a general court-martial is convened by a department commander 
 does not make such commander an "accuser or prosecutor" in the sense of this arti- 
 cle. (a) A department commander is Hot an "accuser or prosecutor" when, upon 
 information of misconduct duly laid before him, he orders the acting judge-advocate 
 of the department, or the colonel commanding the regiment, to proceed to bring the 
 offender to trial, this being a part of his due and regular supervision and command. 
 (Ibid., 84, par. 11.) 
 
 Where the commander who convened the court had also to do with the preparing 
 or preferring of the charges, the question whether he is to be regarded as having 
 been the "accuser or prosecutor" of the accused in the sense of this article is mainly 
 to be determined by his animus in the matter. If, when the facts of the alleged 
 offense are communicated to him, he determines that the same constitute a sufficient 
 
 and proper ground for a trial, and thereupon directs a suitable officer, as an officer of 
 his staff, or the commanding officer of the regiment or company of the accused, to 
 prepare or prefer the charges, he acts simply in the due performance of an official 
 duty and not as " accuser or prosecutor." (6) Nor is his action any the less official 
 if, in the desire to have the proceedings regular and effectual, he himself directs as 
 to the form of the charges, or, after the same are prepared, revises them so that they 
 shall sufficiently set forth the alleged offenses. Much less is he to be deemed an 
 "accuser or prosecutor" where he causes the charges to be preferred and proceeds 
 to convene the court by the direction of the Secretary of War or a competent mili- 
 tary superior. 
 
 On the other hand, where he himself initiates the charge, out of a hostile animus 
 toward the accused or a personal interest adverse to him, or from a similar motive 
 adopts and makes his own a charge initiated by another, he is to be deemed an 
 "accuser or prosecutor " within the article. Nor 'is he the less so where, though he 
 has no personal feeling or interest in the case, he has become possessed with the 
 conviction that the accused is guilty and deserves punishment, and in this convic- 
 tion initiates or assumes as his own the charge or the prosecution. For in this 
 case equally as in the former he is unfit to be a j udge upon the merits of the case ; in 
 the one instance he is too much prejudiced to be qualified to do justice ; in the other 
 ne has condemned the accused beforehand. (Ibid., 82, par. 7.) See also ibid., 84, 
 pars. 8, 9, and 10. 
 
 1 On August 31, 1864, was issued from the War Department a general order, No. 
 
 251 of that year, which directed as follows : " Where a post or district command is 
 
 composed of mixed troops, equivalent to a brigade, the commanding officer of the 
 
 department or Army will designate it in orders as ' a separate brigade, ' and a copy 
 
 ol such order will accompany the proceedings of any general court-martial convened. 
 
 Dy such brigade commander. Without such authority, commanders of posts and 
 
 districts having no brigade organization will not convene general courts-martial." 
 
 er this order, which was applied mainly to the commands designated in the late 
 
 war as districts," it was held by the Judge Advocate-General as follows: That the 
 
 at a district command was composed not of regiments, but of detachments 
 
 a See 16 Opin. Att. Gen., 109. 
 
 Aitn2W*^ P ffe& ni to a 80m ewhat similar effect, of the Attorney-General of 
 t "f } \ V V J P*^' 106) ' in which H ia also held that where tbe record of th e 
 Jh In H . i ft th - at the cnvening officer was the "accuser or prosecutor" of 
 le accused, the latter in applying to the Secretary of War to have the proceedings 
 Flounced invalid on this ground, may establish the facts by the production of affi- 
 davits setting forth th circumstances of the case and the action of the commander. 
 
THE MILITARY LAWS OF THE UNITED STATES. 489 
 
 1301. General courts-martial may consist of any number 
 of officers from five to thirteen, inclusive ; but they shall 
 not consist of less than thirteen when that number can be 
 convened without manifest injury to the service. 1 Seventy- 
 fifth Article of War. 
 
 3302. When the requisite number of officers to form a 
 general court-martial is not present in any post or detach- 
 ment, the commanding officer shall, in cases which require 
 the cognizance of such a court, report to the commanding 
 officer of the department, who shall, thereupon, order a 
 court to be assembled at the nearest post or department at 
 which there may be such a requisite number of officers, and 
 shall order the party accused, with necessary witnesses, to 
 be transported to the place where the said court shall be 
 assembled. Seventy-sixth Article of War. 
 
 merely (which, however, in the number of troops, were equal to or exceeded two reg- 
 iments), did not preclude its being designated as a "separate brigade," and that 
 when so designated, its commander had the same authority to convene general courts- 
 martial as he would have if the command had the regular statutory brigade organi- 
 zation. Thatthough a district command embraced a force considerably greater than 
 that of a brigade as commonly constituted, yet if not designated by the proper author- 
 ity as a "separate brigade, its commander would be without authority to convene 
 general courts-martial, unless, indeed, his command constituted a separate "army" 
 in the sense of the sixty-fifth (now seventy-second) article. That it was not abso- 
 lutely necessary, to give validity to the proceedings or sentence of a general court- 
 martial convened by the commander of a separate brigade, that the command should 
 be described as a separate brigade in the caption or superscription of the order con- 
 vening the court and prefixed to the record, or even that a copy of the order desig- 
 nating the command as a separate brigade should accompany the proceedings. As 
 to the latter feature, the order of 1864 is viewed as directory merely. And though 
 not to accompany the record with a copy of the order thus constituting the command 
 would be a serious irregularity, as would be also though a less serious one the 
 omission of the proper formal description of the command from the convening order, 
 vet if the command had actually been duly designated, and in fact was, a separate 
 brigade, and this fact existed of record and could be verified from the official records 
 of the department or army, the omission of either of these particulars, though a 
 culpable and embarrassing neglect on the part of the court or judge-advocate, would 
 not, per se, invalidate the proceedings or sentence. (Dig. Opin. J. A. G., 85, par. 3.) 
 
 Held (January, 1866) that until the status belli had been formally declared to be 
 terminated by the President or Congress, such status must be held to be subsisting; 
 and that, till such declaration, the authority vested by the act of December 24, 1861, 
 chapter 3 (now article 73), in commanders of divisions and separate brigades might 
 lawfully continue to be exercised. (Ibid., 86, par. 4.) 
 
 This section is merely directory to the officer appointing the court, and his deci- 
 sion as to the number which can be convened without manifest injury to the service, 
 being a matter submitted to his sound discretion, must be conclusive. Martin v. 
 Mott, 12 Wheat., 19, 35; Mullan v. U. S., 140 U. S., 240. The limitation with refer- 
 ence both to the numbers and rank of the members of a general court-martial is dis- 
 cretionary with the appointing power. Mullan v. U. S., 23 C. Cls. R., 34. Dynes v. 
 Hoover, 20 How., 81. 
 
 Under this article all officers of the active list of the Army are eligible to be de- 
 tailed as members of general courts-martial. Chaplains, however, are not so detailed 
 in practice. Retired officers, in view of sections 1259, 1260, Revised Statutes, can 
 not legally be assigned to court-martial duty. (Dig. Opin. J. A. Gen., 87,par. 1.) 
 
 But only officers can be so detailed. Courts-martial composed in whole or in part 
 of enlisted men are unknown to our law. So an " acting assistant surgeon, ' ' being a 
 civilian, is not qualified to sit on a court-martial. Though any officer may legally 
 be detailed, it is desirable that no officer should be selected who, from having pre- 
 ferred the charges or other known reason, may be presumed to be biased or inter- 
 ested in the case. (Ibid., par. 2.) 
 
 It is not essential to the validity of the proceedings that the order convening a 
 general court-martial of less than thirteen members should state that "no other offi- 
 cers" or "no greater number " "than those named can be assembled without mani- 
 fest injury to the service." Attorney -General Wirt (1 Opins., 296) did not hold such 
 a statement to bo essential, but simply expressed the opinion that the President, 
 before confirming a certain death sentence, adjudged by a court of less than thirteen 
 members, would properly satisfy himself that a court of the full number could not 
 have been convened .without prejudice to the service. It was held at an early period 
 by the United States Supreme Court that it was for the convening authority to 
 determine as to what number of officers could be detailed without manfest injury to 
 the service, and that his decision on the subject would be conclusive, (a) (Ibid., 88, 
 par. 8.) 
 
 a Martin v. Mott, 12 Wheaton, 34-37 (1827). 
 
490 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Regular offi- 1303. Officers of the Begular Army shall not be compe- 
 
 cers not to sit on -, > 
 
 courts to try offi- tent to sit on courts-martial to try the omcers or soldiers 
 
 of other forces, except as provided in Article 78. 1 Seventy- 
 
 77 Art. war. ^^^ Article of War. 
 
 officers of ma- 1304. Officers of the Marine Corps, detached for service 
 uiar 8 Army nfJ with the Army by order of the President, may be associated 
 courts. with officers of the Regular Army on courts-martial for the 
 
 4 1 . trial of offenders belonging to the Eeguiar Army, or to 
 71 78 Art. war. forces of the Marine Corps so detached ; and in such cases 
 the orders of the senior officer of either corps, who may be 
 present and duly authorized, shall be obeyed. Seventy- 
 eighth Article of War. 
 
 JURISDICTION. 
 
 cam 
 
 1305 - Officers shall be tried only by general courts-martial ; 
 courts-martial. aiic [ no officer shall, when it can be avoided, be tried by offi- 
 cers inferior to him in rank. 2 Seventy-ninth Article of War. 
 .Retainers to 1306. All retainers to the camp, and all persons serving 
 es Art. wr. with the armies of the United States in the field, though 
 not enlisted soldiers, are to be subject to orders, according 
 to the rules and discipline of war. Sixty-third Article of War. 
 
 1 Although officers and soldiers of volunteers, not being militia, are as much a part 
 of the Army of the United States as are regular officers, yet, in view of the terms of 
 this article, an officer of the Regular Army, so called, would not be eligible for detail 
 as a member of a court-martial convened for the trial of volunteer officers or soldiers, 
 nor, when duly detailed as a member of a court-martial, would he be competent to 
 take part in the trial of a volunteer by such court. (Ibid., 89.) 
 
 The volunteer force during the late war was not a part of the militia, but of the 
 Army of the United States. Though assimilated to the militia in some respects, as, 
 for example, in the mode of original appointment of regimental and company officers, 
 it was as distinct in law from the militia as was the so-called "regular" contingent 
 of the Army, (a) Volunteer officers, once mustered into the service of the United 
 States, and while they remained in that service, did not differ substantially from 
 regular officers in their status, rights, or otherwise. Their tenure of office was indeed 
 briefer; this, however, was not a material legal distinction, since the term of regular 
 officers was also in some cases limited by statute to a definite period, as the dura- 
 tion of the existing war. (Ibid., p. 745, par. 1. ) 
 
 2 Courts-martial (though, within their scope and province, authoritative and inde- 
 pendent tribunals) are bodies of exceptional and restricted powers and jurisdiction ; 
 their cognizance being confined to the distinctive classes of offenses recognized by 
 the military code, (b) Their jurisdiction is criminal, their functions being to assign 
 (in proper cases) punishment; they have no authority to adjudge damages for per- 
 sonal injuries or private wrongs, (c) (Dig. Opin. J. A. Gen., 321, par. 1.) 
 
 The court-martial having jurisdiction of the person of the accused and of the offense 
 charged, and having acted within the scope of its lawful power, its decision and 
 sentence can not be reviewed or set aside by the civil courts by writ of habeas corpus 
 or otherwise. Johnson v. Sayre, 158 U. S., 109, 118 ; Dynes v. Hoover, 20 How., 65, 82 ; 
 Exparte Reed, ;00 U S., 13; Exparte Mason, 105 U. S., 696; Smith v. Whitney, 116 
 U. S., 167, 177-179. 
 
 While it will in general be more for the interest and convenience of the service 
 to bring an accused officer or soldier to trial near the locality of his oftense, he may 
 with equal legality be tried by a court convened in any other part of the United 
 States. (Ibid., 322, par. 2.) 
 
 The jurisdiction over persons in the military service covers all military offenses 
 
 a As illustrating the distinction made in section 8, Article I, of the Constitution, 
 between the Army and militia, and indicating the status of the volunteers during 
 the late war as a part of the former, see Kerr v. Jones, 19 Ind., 351 ; Wantlan v. 
 W hite, ibid., 471 ; In the matter of Kimball, 9 Law Rep., 503 ; Burroughs v. Peyton, 16 
 Grat., 483, 485. 
 
 b Ex parte Wilkins, 3 Peters, 193 ; Barrett v. Crane, 16 Verm., 246 ; Brooks v. Adams, 
 11 Pick., 441 ; Brooks v. Davis, 17 ibid., 148; Brooks v. Daniels, 22 ibid., 498 , Washburn 
 v. Phillip, 2 Met., 296; Smith v. Shaw, 12 Johns. ,257; Mills v. Martin. 19 ibid., 7; In 
 matter of Wright, 34 How. Pr., 221 ; Duffield v. Smith, 3 Sergt. & Rawle, 590 ; Bell v. 
 Tooley, 12 Iredell,605 ; State v. Stevens, 2 McCord.32; Miller v. Seare,2 W. Black.. 
 1141; 6 Opm.Att. Gen., 425. "A court-martial is a court of limited and special 
 jurisdiction. It is called into existence by force of express statute law, for a special 
 purpose, and to perform a particular duty; and when the object of its creation is 
 accomplished it ceases to exist. * * * If, in its proceedings or sentence, it tran- 
 scends the limit of its jurisdiction, the members of the court and the officer who 
 executes its sentence are tresspassers, and as such are answerable to the party 
 injured, in damages, in the courts." 3 Greenl Ev sec 470 
 
 cSee 2 Greenl. Ev., sec. 471, 476; United States v. Clark, 6 Otto, 40; Warden v. 
 Bailey, 4 Taunt.. 78. 
 
THE MILITARY LAWS OF THE UNITED STATES. 491 
 
 1307. The officers and soldiers of any troops, whether 
 militia or others, mustered and in pay of the United States, 
 shall, at all times and in all places, be governed by the 
 articles of war, and shall be subject to be tried by courts- 
 martial. 1 Sixty-fourth Article of War. 
 
 committed by them, whether within or beyond the territorial jurisdiction of the 
 United States. Military offenses are not territorial. (Manual for Courts-Martial, 
 p. 12.) 
 
 The jurisdiction of courts-martial is non-territorial. In a case of an officer who 
 exhibited himself in a drunken condition at a public ball in Mexico, held that his 
 offense was cognizable by a court-martial of the United States, subsequently con- 
 vened in Texas by the department commander. This for the reason that the mili- 
 tary jurisdiction does not recognize territoriality as an essential element of military 
 offenses, but extends to the same wherever committed, a principle which is amply 
 confirmed by the comprehensive provision of the Sixty-fourth Article of War. (Ibid., 
 par. 20. 
 
 In order to become amenable to the military jurisdiction, an officer or soldier must 
 have been legally and fully admitted into the military service of the United States. 
 Thus held that an officer 01 State volunteers appointed by a governor of a State, but 
 not yet mustered into the United States service, was not amenable to the jurisdic- 
 tion of a court-martial of the United States for an offense committed while engaged 
 in recruiting service under the authority of the governor. So held that the making 
 of fraudulent representations in the course of the preliminaries to an enlistment 
 as in the "declaration of the recruit" and before the enlistment was legally com- 
 plete and the soldier thus fully in the United States service, did not constitute an 
 offense within the cognizance of a court-martial. (Dig. J. A. Gen., 323, par. 4.) 
 
 An officer or soldier (except as otherwise provided in the sixtieth article) ceases 
 to be amenable to the military jurisdiction for offenses committed while in the mili- 
 tory service, after he has been separated therefrom by resignation, dismissal, being 
 dropped for desertion, muster out, discharge, etc., and has thus become a civilian, (a) 
 The old English precedent of Sackville's case (6) (which appears, indeed, to stand 
 alone even in England) has not been followed in this country or recognized in our 
 laws. (Ibid., par. 5.) 
 
 Whenever the law permits the civil courts of the United States to review the 
 proceedings of courts-martial, such review must be confined to the question of 
 jurisdiction alone. If the court-martial is found to have acted with jurisdiction, the 
 civil court can not and will not go into the case further. Wales v. Whitney, 114 U. S., 
 564 ; Dynes v. Hoover, 20 How., 82. 
 
 The following classes of persons are, by statute, made subject to military law, and 
 are therefore amenable to trial by general court-martial: 
 
 (1) Members of the military establishment. Section 1094, Eevised Statutes. 
 
 (2) Persons admitted to the Soldiers' Home at Washington, D. C. Section 4824, 
 Revised Statutes. 
 
 (3) Inmates of the National Home for Disabled Volunteers. Section 4835, Eevised 
 Statutes. 
 
 (4) Persons guilty of contempt of court. Eighty-sixth Article of War. 
 
 (5) Post traders (in time of war only ) . Section 3, act of J uly 26, 1876 (19 Stat. L. 100) . 
 
 (6) The Marine Corps, when serving with the Army. Section 1621, Eevised 
 Statutes. 
 
 (7) The militia, when called into active service. Sections 1642-1644, Eevised 
 Statutes. Sixty-fourth Article of War. 
 
 (8) Persons relieving or harboring the enemy. Forty -fifth Article of War. 
 
 (9) Persons giving intelligence to the enemy. Forty-sixth Article of War. 
 
 (10) Retainers to the camp, and all persons serving with armies in the field . Sixty- 
 third Article of War. 
 
 (11) Spies. Section 1343, Eevised Statutes. See, also, in connection with the sub- 
 ject of jurisdiction, MANUAL FOR COURTS-MARTIAL, pp. 11-14. 
 
 1 A discharge of a soldier, when subject to trial and punishment for a military 
 offense, is a formal waiver and abandonment by the United States of jurisdiction 
 over him. Nor does a soldier, after having once been discharged, as where he has 
 been dishonorably discharged by sentence, remain liable to the military jurisdiction 
 for desertion or any other military offense committed before discharge, by reason of 
 being still held in military custody as a prisoner in confinement under the same sen- 
 tence; for he is then held not as a soldier, but as a civilian convict. 
 
 Nor can a person who, by reason of acceptance of resignation, dismissal, discharge, 
 etc., has become wholly detached from the military service, be made liable to trial 
 by court-martial, for offenses committed while in the service, on the ground that 
 such offenses were not discovered till after he had left the Army. 
 
 The returning by a dismissed, etc., officer, to the service under a new commission 
 does not revive a" jurisdiction for offenses committed while he was in the service, 
 which had lapsed upon his being separated from it. 
 
 It is to be understood that the general rule of the nonamenability to military trial 
 of officers and soldiers, after discharge, dismissal, etc., is subject to a specific stat- 
 utory exception, viz, that provided for in the concluding provision of the sixtieth 
 article. (Dig. Opin. J. A. Gen. ,323, par. 5.) 
 
 Where a soldier in the Army of the United States was arrested for a crime, and 
 his term of enlistment expired before his trial and conviction by court-martial, 
 held that the jurisdiction of the court-martial having once attached by arrest, it 
 
 a See this principle repeated and illustrated in G. C. M. 0. 4, 16, War Department, 
 1871; Gr.O. 90, Department of Pennsylvania, 1865; G. O. 43, Middle Department, 1865 ; 
 G. 0. 22, Department of the Missouri, 1866. 
 
 6 Note the counter dictum of Lord Mansfield, in Parker v. Clive, 4 Burrow, 2419 
 (dated in 1779), that officers of the army, "after resigning their commissions, cease to 
 be objects of military jurisdiction." 
 
492 THE MILITARY LAWS OF THE UNITED STATES. 
 
 c<mrt tempt8 f 1308< Tne court - martial ma 7 punish, at discretion, any 
 86 Art. War. person who uses any menacing words, signs, or gestures, 
 
 retained jurisdiction for all the purposes of trial, judgment, and execution. (Barrett 
 v. Hopkins, 7 Fed. Rep., 312.) 
 
 A soldier, however, provided he has not been in fact discharged, may be brought 
 to trial by court-martial after the term of service for which he enlisted has expired, 
 provided, before such expiration, proceedings with a view to trial have been duly 
 commenced against him by arrest or service of formal charges, (a) By such arrest or 
 service the military jurisdiction attaches, and, once attached, trial by court-martial, 
 and punishment, upon conviction, may legally ensue, though the soldier's term of 
 enlistment may in fact expire before the trial be entered upon. In the leading case 
 on this point, of aseamaninthe Navy (In re Walker, 3 American Jurist, 281) (&), the 
 supreme court of Massachusetts held (January 25, 1830), as follows : "In this case the 
 petitioner was arrested, or put in confinement, and charges were preferred against 
 him to the Secretary of the Navy before the expiration of the time of his enlistment; 
 and this was clearly a sufficient commencement of the prosecution to authorize a 
 court-martial to proceed to trial and sentence, notwithstanding the time of service 
 had expired before the court-martial had been convened." So held, in a case of a 
 soldier of the Regular Army, arrested on the day before the expiration of his term of 
 enlistment, with a view to a trial for a military offense by court-martial, that the 
 jurisdiction of the court had duly attached, and that his trial might legally be pro- 
 ceeded with. And similarly held in repeated cases of soldiers and officers of regular 
 and volunteer regiments. 
 
 And held that a soldier could not be made amenable to trial for an offense com- 
 mitted after the expiration of his enlistment, by the mere fact that at the time he 
 was duly held in arrest awaiting trial for an offense committed before the expiration 
 of his term; the jurisdiction which had attached for the purposes of the trial and 
 punishment of this offense not being capable of being extended to include the case 
 of an offense committed by the party under a distinct legal status. Of course, if, 
 after the jurisdiction by arrest or service of charges has attached, the soldier is 
 discharged from the service, such jurisdiction wholly ceases. (Ibid., 324, par. 6.) 
 
 Where the amenability of a soldier for a military offense had been finally severed 
 by his due discharge from the service, held that it did not revive upon his re-enter- 
 ing the service within the period of limitation. (Ibid., 331, par. 18.) 
 
 By the sixth amendment of the Constitution, civilians are guaranteed the right 
 of trial by jury "in all criminal prosecutions." Thus, in time of peace, a court- 
 martial can not assume jurisdiction of an offense committed by a civilian without a 
 violation of the Constitution. It is only under the exceptional circumstances of a 
 time of war that civilians may, in certain situations, become amenable to trial by 
 court-martial, (c) 
 
 A civilian brought to trial before a court-martial can not, by a plea of guilty or 
 other form of legal assent, confer jurisdiction upon the court, where no jurisdiction 
 exists in law. (rf) (Dig. Opiii. J. A. Gen., 325, par. 7.) 
 
 Any statute by which any class of civilians is attempted to be made amenable to 
 trial by court-martial for offenses committed while civilians and in time of peace is 
 necessarily unconstitutional. 
 
 Section 1361, Revised Statutes, applies only to prisoners in confinement at the 
 military prison at Leaven worth. So, in a case of a prisoner, who, while confined 
 after discharge under sentence, at the prison at Alcatraz Island, was brought to trial 
 by court-martial for an escape and sentenced, on conviction, to an additional termot 
 imprisonment, held that the second trial the prisoner being then a civilian was 
 wholly without legal authority aud the sentence of no effect, (e) (Ibid., 327, par. 9.) 
 
 So, where a prisoner confined at the Leavenworth prison, after a discharge from 
 the service, was brought to trial by court-martial for an offense (desertion) com- 
 mitted not during his confinement, but more than a year and a half before he was 
 received at the prison under his original sentence, held that section 1361, Revised 
 Statutes, furnished no authority for such trial, and that the court was therefore 
 without jurisdiction and the sentence void. (Ibid., 328, par. 10.) 
 
 To give a court-martial jurisdiction of the person of an officer or soldier charged 
 with a military offense, it is not necessary that he shall have been subjected to any 
 particular form of arrest, or that he shall have been arrested at all, or even ordered 
 to attend the court. Here, as before a civil tribunal, his voluntary appearance and 
 submission for trial is all that is essential. (Ibid., par. 11.) 
 
 It is no objection to the assuming by a court-martial of jurisdiction of a military 
 offense committed by an officer or soldier that he may be amenable to trial, or may 
 actually have been tried and convicted, by a criminal court of the State, etc., for a 
 criminal offense involved in his act. Thus a soldier may be tried for a violation of 
 article 21, in striking or doing other violence to a superior officer, after having been 
 convicted by a civil tribunal for the criminal assault and battery. So an officer or 
 soldier may be brought to trial under a charge of "conduct to the prejudice of good 
 order and military discipline " for the military offense (if any) involved in a horni- 
 
 oSee G. C. M. 0. 16, War Department, 1871. 
 
 o And see Judge Story's charge to the jury in TT. S. v. Travers, 2 Wheeler Cr. C., 
 509 ; In the matter of Dew, 25 L. R., 540 ; In re Bird, 2 Sawyer, 33. 
 
 c bee, in support of this view, Ex parte Milligan, 4 Wallace, 121-123 ; Jones v. 
 Seward, 40 Barb., 563; In matter of Martin, 45 ibid., 145; Smith v. Shaw, 12 Johns., 
 257, 265; In matter of Stacy, 10 ibid., 33L; Mills v. Martin, 19 ibid., 22; Johnson v. 
 Jones, 44 Ills., 142, 155; Griffin v. Wilcox, 21 Ind., 386; In re Kemp, 16 Wis., 359; Ex 
 parte McRoberts, 16 Iowa, 605; Antrim's case, 5 Philad., 288; 3 Opin. Att. Gen., 690; 
 13 ibid., 63. 
 
 d Compare Peoples. Campbell, 4 Parker, 386; Shoemaker v. Nesbit, 2 Rawle, 201; 
 Moore v. Houston, 3 Sergt. & Rawie, 190; Duffield v. Smith, ibid., 599; also One hun- 
 dred and third article. 
 
 e This view is approved, and the last sentence of the prisoner declared inoperative 
 by the Secretary of War, in G. C. M. O. 4, War Department, 1871. 
 
THE MILITARY LAWS OF THE UNITED STATES. 493 
 
 in its presence, or who disturbs its proceedings by any riot 
 or disorder. 1 Eighty-sixth Article of War. 
 
 cide or a larceny, of "which, as a civil offense, he has been acquitted or convicted by 
 a criminal court. And the reverse is also law, viz, that the civil court may legally 
 take cognizance of the criminal offense involved,.without regard to the fact that the 
 party has been subjected to a trial and conviction by court-martial for his breach of 
 military law or discipline. In such instances the act committed is an offense against 
 the two jurisdictions and may legally subject the offender to be tried and punished 
 under both, (a) (Dig. Opin. J. A. G., 328, par. 12.) 
 
 In cases of double amenability, while, in view of the subordination of the military 
 to the civil power, the civil jurisdiction is entitled to the preference, yet in general 
 that jurisdiction which is first fully attached is ordinarily properly allowed to have 
 the precedence in its exercise over the other. See Ex parte Mcltoberts, 16 Iowa, 
 606; 6 Opin. Att Gen., 423; G. O. 25, Headquarters of Army, 1840. 
 
 It can not affect the authority of a court-martial to take cognizance of the military 
 offense involved in an injury committed by a soldier against an officer that before 
 the trial the latter has resigned or been otherwise separated from the Army. (Ibid., 
 329, par. 13.) 
 
 Whether a soldier may legally be held amenable to trial by court-martial for an 
 offense committed by him while on furlough will depend upon the nature of the 
 offense and the circumstances of his situation. In general, indeed, where he is thus 
 absent at his home or at such a distance from bis station and from troops that his 
 offenses will not directly prejudice military discipline, (b) he will not render himself 
 amenable to the military jurisdiction unless, indeed, hecommitsa desertion. (Ibid., 
 par. 14.) See MANUAL FOR COURTS-MARTIAL, p. 16, par. 7. 
 
 The discharge of a soldier not taking effect till delivery, actual or constructive, 
 held that a soldier who committed a military offense on the day on which he was to 
 be dishonorably discharged under sentence but before the discharge was delivered 
 to him (or to the officer in charge of the prison at which he was also to be confined 
 under the same sentence) was amenable to the military jurisdiction for the trial and 
 punishment of such offense as being still in the military service. (Ibid., 330, par. 16.) 
 
 Held that when the volunteer army to which a soldier belonged was, at the end of 
 the late war, disbanded, soldiers absent in desertion ceased to be subject to military 
 jurisdiction and became civilians, but that their last military record was that of 
 deserters, and that, as to them, the disbandment of the army did not operate as a dis- 
 charge from the service. (Ibid., par. 17.) 
 
 In March, 1870, the president of the "National Home for Disabled Volunteer 
 Soldiers " (a civilian) convened at the Home a court-martial composed of eight in- 
 mates of the same (all civilians, but designated by their former rank in the volun- 
 teer service as " surgeon," " captain," " sergeant," and " private ") for the trial on 
 charges of desertion and other offenses of another (civilian) inmate. The court tried 
 the accused, convicted him, and sentenced him to a term of imprisonment. The 
 proceedings and sentence were approved by the convening authority, who there- 
 upon applied to the Secretary of War for an order designating a military prison for 
 the confinement of the party in execution of his sentence. Held (upon a reference 
 of the case for opinion by the Secretary of War) that the proceedings were unprece- 
 dented, unauthorized abinitio, and void as a whole and in detail; that the provi- 
 sion in the act establishing the Home that the inmates should be " subject to the 
 Rules and Articles of War in the same manner as if they were in the Army," even if it 
 could be regarded as constitutional, conveyed no authority for such a court as that 
 constituted and composed in this case; and that the sentence adjudged by the same 
 could not legally be executed in the manner proposed or otherwise, (c) (Ibid., par. 15.) 
 
 Where the amenability of a soldier for a military offense had been finally severed 
 by his due discharge from the service, held that it did not revive upon his reenter- 
 ing the service within the period of limitation. (Dig. Opin. J. A. Gen., 331, par. 18.) 
 
 Held that an officer could not, by procuring himself to be, or consenting to being-, 
 placed under a conservator as a habitual drunkard, in the form prescribed by the 
 local law, withdraw himself from the military jurisdiction; but that ho remained 
 amenable to trial and punishment for offenses committed prior to such proceeding 
 and within the period of limitation. (Ibid., par. 19.) 
 
 Held that an acquittal of a soldier on an indictment for larceny, by a civil court, 
 was no bar to his trial by court-martial for the same act, charged under the sixty- 
 second article of war. And so held, in a case of an acquittal by a civil court of an 
 officer who had committed a homicide of another officer in Ihe course of an alterca- 
 tion in the presence of enlisted men at a military post. (Ibid., par. 21.) 
 
 !The power of a court-martial to punish, under this article, being confined prac- 
 tically to acts done in its immediate presence, such a court can have no authority to 
 
 a That an officer may be amenable to the civil and the military jurisdiction at the 
 same time for the same act, see cases of Assistant Surgeon Steiner and Captain Howe 
 (6 Opin. Att. Gen., 413, 506). In the former case it is held that the "conviction or 
 acquittal of an officer by the civil authorities, of the offense against the general law, 
 does not discharge him from responsibility for the military offense involved in the 
 same facts." In the latter case it is observed: "An officer may bo tried by court- 
 martial for the military relation of an act after having been tried by the civil author- 
 ities for the civil relations of the same act." And see3Opins., 749, and compare 
 Moore v Illinois, 14 Howard, 19-20. In a case published in G. C. M. 0. 20, Head- 
 quarters of Army, 1869, an officer was charged with and convicted of " conduct to 
 the prejudice of good order and [military discipline " for the killing of a soldier, for 
 which as "manslaughter " he had previously been acquitted by a civil court. And 
 see cases in G. 0. 78, Department of the East, 1869 ; G. C. M. 0. 50, Department of the 
 Missouri, 1871. 
 
 b Compare Ex parto McRoberts, 16 Iowa, 600. 
 
 c It is inaccurately stated in the report of the case of Renner V.Bennett, 21 Ohio St., 
 434 (December, 1871). that no inmate of the National Home had ever been subjected 
 to a trial by court-martial. The instance referred to in the text, however, is the only 
 one known of such a trial. 
 
494 THE MILITARY LAWS OF THE UNITED STATES. 
 
 JUDGE-ADVOCATES. 
 
 judge- advo- 1309. Officers who may appoint a court-martial shall be 
 ca 7Tirt. war. competent to appoint a judge-advocate for the same. 1 
 Seventy-fourth Article of War. 
 
 punish, as for a contempt, a neglect by an officer or soldier to attend as a witness in 
 compliance with a summons, (a) (Dig. Opin. J. A. Gen., 98, par. 1.) 
 
 A court-martial has none of the common-law power to punish for contempt vested 
 in the ordinary courts of justice, but only such authority as is given it by this arti- 
 cle. Thus held that a court martial was not authorized to punish, as for a contempt, 
 under this article (or otherwise), a civilian witness duly summoned and appearing 
 before it, but, when put on the stand, declining (without disorder) to testify. (Ibid., 
 99, par. 2.) 
 
 The authority of a court-martial to punish as fora contempt being con fined by 
 the code (article 86) to cases of acts of menace or disorder committed in its presence, 
 such a court would not be empowered to punish, as being in contempt, .1 witness 
 appearing before it whose attendance it had been necessary to compel by process of 
 attachment. (Ibid., 759, par. 33.) 
 
 "Where a contempt within the description of this article has been committed, and 
 the court deems it proper that the oifender shall be punished, the proper course is 
 to suspend the regular business, and after, giving the party an opportunity to be 
 heard, explain, etc., (b) to proceed if the explanation is insufficient to impose a 
 punishment, resuming thereupon the original proceedings. The action taken is 
 properly summary, a formal trial not being called for. Close confinement in quar- 
 ters or in the guardhouse during the trial of the pending case, or forfeiture of a 
 reasonable amount of pay, has been the more usual punishment. Instead of pro- 
 ceeding against a military person for a contempt in the mode contemplated by this 
 article, the alternative course may be pursued of bringing him to trial before a new 
 court on a charge for a disorder under article 62. (c) (Ibid., 99, par. 3.) 
 
 For other statutes conferring jurisdiction upon courts-martial to try and punish 
 crimes and criminal offenses see the 3d, 5th, 6th, 7th, 8th, 9th, 13th, 14th, 15th, 16th, 
 17th, 18th, 19th, 20th, 21st, 22d, 23d, 24th, 25th, 26th, 27th, 28th, 30th, 31st, 32d, 33d, 
 34th, 35th, 36th, 37th, 38th, 39th, 40th, 41st, 42d, 43d, 44th, 45th, 46th, 47th, 48th, 49th, 
 50th, 51st, 52d, 53d, 54th, 55th, 56th, 57th, 58th, 59th, 60th, 61st, 62d, 68th, and 69th 
 articles of war and section 1343 of the Revised Statutes. 
 
 1 Any commissioned officer may legally be appointed j udge-advocato of a court- 
 martial. Thus a surgeon, assistant surgeon, or even a chaplain, is legally eligible 
 to be so detailed. (Dig- Opin. J. A. Gen., 456, par. 2.) For authoritative instructions 
 in reference to the performance of the duties of a judge-advocate of a court-martial. 
 See MANUAL FOR COURTS-MARTIAL, pp. 22-25. 
 
 A separate judge-advocate should be appointed for each general court-martial con- 
 vened by adepartment or other competent commander. The same officer may, indeed, 
 be selected to perform the duties of judge advocate as often as may be deemed desir- 
 able by the commander, but he should be detailed anew for every court-martial on 
 which he acts. To appoint in a general order a particular officer to act as judge- 
 advocate for all the courts to be held in the same command would be quite irregular 
 and without the sanction of precedent. w (Ibid., par. 3.) 
 
 It is competent for the commander who has convened a court-martial to relieve the 
 judge-advocate originally detailed for it and substitute another in his place, and the 
 second may in the same manner be relieved by a third, etc. The relieving, however, 
 of a judge-advocate, pending a trial, must in general embarrass the prosecution of a 
 case, and should not be resorted to if it can well be avoided. (Ibid., par. 4.) 
 
 While a civilian may legally be appointed, or rather employed, as judge -advocate 
 of a court-martial, such an employment has, for the past fifty years, been of the 
 rarest occurrence in the military service, (d) Civil judge-advocates have been much 
 more frequently employed for naval than for military courts-martial. (e) (Ibid., 457, 
 par. 7.) 
 
 An absence of the judge-advocate from the court during the trial does not per se 
 affect the validity of the proceedings, but is, of course, to be avoided it possible. 
 When the judge-advocate is obliged to temporarily absent himself, the court should 
 in general suspend the proceedings for the time ; or, if his absence is to be prolonged, 
 should adjourn for a certain period. (Ibid., 460, par. 18.) 
 
 Should the judge advocate be required to give evidence as a witness, the clerk or 
 reporter of the court may go on to record his testimony while on the stand ; or, if 
 there be no clerk or reporter, he may record his own testimony as that of any other 
 witness. (Ibid., par. 19.) 
 
 An officer can not in general fitly or becomingly act as judge-advocate in a case in 
 
 a As to the power of courts of inquiry to punish for contempt, see par. 1338, infra, 
 note 1. 
 
 6 See G. C. M. 0. 37, Fourth Military District, 1868. 
 
 c Compare Samuel, 634 ; Simmons, sec. 434. The latter course has not unfrequently 
 been adopted in our practice. 
 
 d The last occasions of such employment are believed to have been those of the 
 trial of the persons charged with complicity in the assassination of President Lincoln, 
 and the trial of Major Haddock, Provost-Marshal's Department (see G. C. M. O. 356 
 and 565, War Department, 1865), upon which Hon. J. A. Bingham and Hon. Roscoe 
 Conkling were respectively employed as judge-advocates. 
 
 In view of the provisions of section 17 of the act of June 22, 1870 (sec. 189, R. S.), 
 transferring to the Department of Justice the authority to employ counsel for the 
 Executive Departments, neither the Secretary of War nor the Secretary of the Navy 
 is now authorized to retain a civilian lawyer to act as judge-advocate of a court- 
 martial. 13 Opin. Att. Gen., 514 ; 14 ibid., 13. 
 
THE MILITARY LAWS OF THE UNITED STATES. 495. 
 
 1310. That whenever a court-martial shall sit in closed ca te u t o Withdraw 
 session the judge-advocate shall withdraw, and when his g m dosed ses- 
 legal advice or his assistance in referring to recorded evi. 18 92v 2 27 Jul 278 7 ' 
 dence is required it shall be obtained in ODen court. 1 Sec- 
 
 2, act of July 27, 1892 (27 Stat. L., 278). 
 
 1311. Every judge- advocate of a court-martial shall have Wi ^ n f 88e ^ co - 
 
 polled to attend. 
 
 power to issue the like process to compel witnesses to 79 M g ar 2 5 3 ' v 18 i2 3 ' c ' 
 appear and testify which courts of criminal jurisdiction 75i ; June23,i874, 
 within the State, Territory, or District where such military 244. 
 courts shall be ordered to sit, may lawfully issue. 2 
 
 which he is personally interested as accuser or prosecutor. Where the judge- 
 advocate had prepared the charges and was the accuser in the case, and moreover 
 entertained a strong personal prejudice or hostility against the accused, held that he 
 was ill chosen to act as judge-advocate, especially in the capacities of prosecuting 
 official and adviser to the court. A personal animus against the accused is particu- 
 larly unbefitting a judge-advocate in a case where the accused is not represented by 
 counsel. One who, without personal prejudice against the accused, or interest in his 
 conviction, has signed the charges as company commander may not improperly act 
 as judge-advocate in the case. (Ibid., p. 462, par. 26.) 
 
 While a judge-advocate is not subject to challenge, and it can not affect the legal 
 validity of the proceedings of a court-martial that the judge-advocate was personally 
 objectionable or hostile to the accused, it is yet desirable to detail as judge-advocate, 
 if practicable, an officer who has no considerable prejudice against the party to be 
 tried, or any decided personal interest in his case. Thus the selection as jndge- 
 advocate of an officer who was not only a material witness for the prosecution, but 
 was the next in the line of promotion and would be promoted in case the accused, 
 an officer of his regiment of a higher grade, were dismissed by the court, remarked 
 upon as an unfortunate one. (a) (Ibid., par. 8.) 
 
 A competent judge-advocate will properly be left by the court to introduce the 
 testimony in the form and order deemed by him to be the most advantageous, and 
 generally to bring on cases for trial and conduct their prosecution according to his 
 own judgment, (b) (Ibid., 458, par. 11.) 
 
 The judge-advocate is entitled by usage to sum up the case and present an argu- 
 ment at the conclusion of the trial, even though the accused declines to make argu- 
 ment or statement. The court is not authorized to deny this right to be heard to the 
 judge-advocate. (Ibid. ,462, par. 30.) In our practice he is entitled to the closing 
 argument; he is not authorized to read to the court evidence or written statements 
 not introduced upon the trial and which the accused has had no opportunity to con- 
 trovert or comment upon. (Ibid., 460, par. 21.) 
 
 A judge-advocate is not authorized to entertain charges in the first instance; he 
 can properly act upon charges, i. e., make service of the same, prepare the case for 
 trial, etc., only when the charges are transmitted to him for the purpose by the offi- 
 
 cer who has convened the court or detailed him as judge- advocate. (Ibid., 457, par. 9.) 
 1 It is strictly the proper practice for a judge-advocate not to give his opinion upon 
 a point of law arising upon a military trial, unless the same may be required by the 
 court. This practice, however, is often departed from, and the opinions of judge- 
 advocates, suitably tendered, are in general received and entertained by the court 
 without objection, whether or not formally called for. But where the court does 
 object to the giving of an opinion by the judge-advocate he is not authorized to 
 attempt to give it, and of course not authorized to enter it upon the record. Whether 
 tbe/ac that the opinion was offered and objected to by the court shall be entered 
 upon the record is a matter for the court alone to decide. It is, however, certainly 
 the better practice that all the proceedings, even those that are irregular, which 
 transpire in connection with the trial, should be set out in the record for the inspec- 
 tion of the reviewing authority. (Ibid., 459, par. 15.) 
 
 The law (act of July 27, 1892, c. 272, s. 2) requiring the withdrawal of the judge- 
 advocate whenever the court " sit in closed session, " held not to apply to a meeting 
 of the court, had after judgment, to hear read the record of the findings' and sentence, 
 such proceeding being no part of the trial. (Ibid., 462, par. 29.) 
 
 2 PROCESS OF ATTACHMENT. 
 
 Section 1202, Revised Statutes, authorizes only judge-advocates of courts-martial 
 to issue process to compel the attendance of witnesses. The court itself, general or 
 inferior, has no such power. (Dig. Opin. J. A. Gen., 463, par. 33.) 
 
 The judge-advocate is authorized only to initiate the process of attachment. The 
 statute does not specify by whom it shall be executed, and the judge-advocate is not 
 authorized to command any officer or person to serve it, nor has the court any such 
 power. Paragraph 923, Army Regulations, 1895, makes provision on this point. 
 (Ibid., par. 34.) 
 
 A judge-advocate, haying attached a civilian witness and had him brought to the 
 place of the court, detained him one hour in the guardhouse before bringing him 
 before the court. For this he was indicted for false imprisonment in a United 
 
 a See G. C. M. 0. 5, War Department, 1871 ; G. C. M. O., 41, ibid., 1875. 
 
 6 Compare G. C. M. O. 97, Department of Dakota, 1878; ibid. 38, Department of 
 Texas, 1878; and, as to the civil practice, United States v. Burr, 1 Burr's Trial, 85, 
 469; Lynch v. Benton, 3 Rob., 105; Davany v. Koon, 45 Miss., 71. 
 
244. 
 
 496 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Beporter^ ^ 1312. The judge- advocate of a military court shall have 
 75, s. r 28,'v. i2,V power to appoint a reporter, who shall record the proceed- 
 r^s, s n 2,v. i8,'pl ings of, and testimony taken before, such court, and may 
 
 s'ec. 1203, R.S. set down the same, in the first instance, in short-hand. 
 
 States district court in Texas. Held that his action was warranted under section 
 1202, Revised Statutes, and advised that the Attorney-General be requested to cause 
 the prosecution to be discontinued. (Ibid., par. 35.) 
 
 The authority to issue process to compel civilian witnesses to appear and testify 
 is vested, by section 3202, Revised Statutes, in "every judge-advocate of a court- 
 martial " The present statute, however (unlike the original form), does not extend 
 the authority to recorders of courts of inquiry. Further, the authority, being vested 
 exclusivley and independently in the judge-advocate, can not be exercised by the 
 court. The attachment is thus not a writ or process of the court, but simply a com- 
 pulsory instrumentality placed at the disposition of the judge-advocate as the 
 prosecuting official representing the United States. (Ibid. 757, par. 27.) 
 
 To authorize a resort to an attachment, there must have been a formal summons, 
 duly issued and served upon the witness, and not complied with. (Ibid., par. 28.) 
 
 Held that the statute could not properly be construed as authorizing the issue of 
 an attachment to compel a witness to attend before a commissioner or other person 
 and give his deposition. (Ibid., par. 29.) 
 
 A Judge-advocate can not properly direct an attachment to a United States mar 
 8hal or deputy marshal or other civil official. Some military officer or person should 
 be designated by him, or detailed for the purpose by superior authority, (a) In exe- 
 cuting the attachment, the needful force may be employed, but no more. See Dig. 
 J. A. Gen., p. 463, par. 32, and p. 757, par. 31. See, also, MANUAL FOR COURTS-MARTIAL, 
 pp. 32-35 and 140, and par. 923, A. R., 1895. 
 
 ATTENDANCE OF WITNESSES. 
 
 The attendance of witnesses is obtained as to military persons by military orders 
 issued by competent authority ; as to civilians, by the issue of a writ of subposna. 
 (For forms of this writ see Manual for Courts Martial, pp. 138, 139.) The latter form 
 of process, being inapplicable to the case, is never issued to a military person The 
 duty of the judge-advocate in this respect is described in the following paragraph of 
 the Army Regulations: 
 
 " The judge-advocate will summon the necessary witnesses for the trial, but will not 
 summon witnesses at the expense of the Government without the order of the court, 
 unless satisfied that their testimony is material and necessary " (Par. 922, A. R., 
 1895.) 
 
 A judge-advocate is authorized to subpoena witnesses only for testifying in court; 
 he can not summon a witness to appear before himself tor preliminary examination. 
 For this purpose he must procure an order to be issued by the proper commander. 
 (Dig. J. A. Gen , p. 462, par. 31 ) 
 
 A judge-advocate has no authority to employ a civil official or private civilian to 
 serve subpoenas, if by so doing the United States will be subjected to a claim for 
 compensation. (Ibid'., p. 463, par. 32.) 
 
 Except where their testimony will be merely cumulative, and will clearly add 
 nothing whatever to the strength of the defense (see ninety third article), the accused 
 is in general entitled to have auy and all material witnesses summoned to testify in 
 his behalf, (b) A prompt obedience to a summons is incumbent upon all witnesses, 
 nor is a commanding or superior officer in general authorized to place any obstacles 
 in the way of the prompt attendance, as a witness, of an inferior duly summoned or 
 ordered to attend as such, (c) Where the judge-advocate has declined to summon a 
 witness for the accused, for the reason that he is not "satisfied" (in the words of 
 paragraph 922 of the Army Regulations of 1895) that his testimony is "material and 
 necessary to the ends of justice," the court may, in its discretion, direct him to be 
 summoned. The court, however, will not in general properly sanction the summon. 
 
 a Upon the subject of the execution of process of attachment in military cases, 
 see the opinion of the Attorney General in 12 Opins., 501 ; also the directions, based 
 upon the same, of G. 0. 93, H. Q, A., 1868. 
 
 Prior to the adoption of the Constitution, Congress (then the Government) appears 
 to have relied upon the State authorities for the necessary process to compel the 
 attendance of witnesses before military courts. (See resolution of November 16, 
 1779; III Journals of Congress, 392.) In the British law, by a provision first incor- 
 porated in the mutiny act in the year 1800, witnesses neglecting to comply with a 
 summons requiring their presence at such courts, are made "liable to be attached in 
 the court of Queen's Bench," etc. This provision well illustrates the close con- 
 nection between the executive and the other governmental powers in the British 
 constitution, where the sovereign is a part of the judiciary as well as of the legisla- 
 ture. The fact of the express distinction and separation of the three powers in our 
 own organic law, one result of which has been to leave courts martial, as agencies of 
 the executive power, quite independent of any review or control on the part of the 
 United States courts, has also no doubt availed to preclude the devolving upon the 
 Federal tribunals of a power, fitly conferred in the foreign statute, but which, with 
 us, would be exceptional and out of harmony with our constitutional system. 
 
 It may be added, in regard to the exercise of the authority to issue compulsory 
 process, as vested in judge-advocates by the act of 1863 (sec. 1202, R. S.), that the 
 occasions of such exercise have not been frequent in practice, and no case is known 
 in which such authority has been abused. 
 
 6 See G. C. M. O. 21, 24, War Department. 1872; G. C. M. O. 128, Headquarters of 
 Army. 1876. 
 
 cSee G. C. M. O. 18, Department of the Platte, 1877. 
 
THE MILITARY LAWS OF THE UNITED STATES. 497 
 
 The reporter shall, before entering npoii his duty, be sworn, 
 or affirmed, faithfully to perform the same. 1 . 
 
 ing of a witness where it is not probable that his attendance can be secured within 
 a reasonable time and his deposition legally be taken pursuant to the ninety-first 
 article of war. (Ibid., 751, par. 9.) 
 
 In military law an accused party can not be deemed to be entitled to have a wit- 
 ness summoned from a distance whose military or administrative duties are of such 
 a character that they can not be left without serious prejudice to the public interests. 
 Article 6 of the amendments to the Constitution, declaring that the accused shall bo 
 entitled "to be confronted with the witnesses against him," applies only to cases 
 before the United States courts. Thus where the offense charged is not capital, and 
 a deposition may therefore legally be taken under the ninety-first article of war, the 
 Secretary of War will not in general authorize the personal attendance at the place 
 of trial of a witness whose office or duty makes it necessary or most important that 
 ho should remain elsewhere. (Ibid., 752, par. 10.) 
 
 An accused party at a military trial can rarely be entitled to demand the attend- 
 ance, as a witness, of a chief of a staff corps, much less that of the President or Sec- 
 retary of War, especially as some minor official can almost invariably furnish the 
 desired facts. If, however, the testimony of one of these officials be found to be 
 necessary or most desirable, and the same can not legally be taken by deposition, the 
 court, if convened at a distance, may properly be adjourned to Washington or other 
 convenient point, in order that the witness may be enabled to attend without detri- 
 ment to the public interests. (Ibid., par. 11.) 
 
 Service of summons. A summons may legally be served either by a military or a 
 civil person, (a) but will in general preferably be served by an officer or noncommis- 
 sioned officer of the Army. A judge-advocate, or a commanding or other officer to 
 whom a summons is sent for service, will not be authorized, by employing for the 
 purpose a United States marshal or deputy marshal, or other civil official, to commit 
 the United States to the payment of fees to such official. The action, however, of a 
 judge-advocate in employing a deputy marshal to serve a summons, where appar- 
 ently the service could not otherwise be so effectually or economically made, has in 
 a few cases been so far ratified by the Secretary of War as to allow, out of the appro- 
 priation for Army contingencies, the payment of a small and reasonable account of 
 charges rendered by such official. (Ibid., 753, par. 13.) 
 
 There is no fee or compensation established or authorized to be paid, by statute 
 or regulation, for the service of subpoenas for the attendance of witnesses before 
 civil courts. Neither a commanding officer nor a judge-advocate is authorized to 
 employ a civil official or any civilian for such service or to commit the United States 
 to the payment of any compensation to such a person. But in a case where the em- 
 ployment of a civilian for such purpose had been resorted to, and it clearly appeared 
 that to employ him was the most economical as well as effectual course open to the 
 oflicer, advised that his reasonable compensation be paid out of the appropriation 
 for contingencies of the Army. (Ibid., 760, par. 39.) See, also, MANUAL FOE COURTS- 
 MARTIAL,, pp. 32-35. 
 
 1 EMPLOYMENT OF REPORTERS. 
 
 The only authority for the employment of reporters for courts-martial is that con- 
 tained in section 1203, Revised Statutes, which authorizes the judge-advocate of a 
 military court to appoint a reporter for such court. In view of this statute, held 
 that the appointment, by a judge-advocate on the staff of a department commander, 
 of a person to act as reporter for all the courts to be convened in the department, 
 was in contravention of law and of no effect. (Ibid., 461, par. 23.) 
 
 The employment of a stenographic reporter, under section 1203, Revised Statutes, 
 is authorized for general courts only, and in cases where the convening authority 
 considers it necessary. The convening authority may also, when necessary, author- 
 ize the detail of an enlisted man to assist the judge-advocate of a general court in 
 preparing the record. (Par. 958, A. R., 1895.) 
 
 When a reporter is employed under section 1203, Revised Statutes, he will be paid 
 not to exceed $10 a day during the whole period of absence from his residence, trav- 
 eling or on duty, which shall be in full for taking and transcribing all notes, making 
 such number of copies to be made at one writing as the judge-advocate may require, 
 and, unless otherwise specially ordered by the Secretary of War, in full for all serv- 
 ices rendered and expenses incurred by the reporter. In special cases, when author- 
 ized by the Secretary of War, stenographic reporters may be employed at.rates not 
 exceeding 25 cents per folio (100 words) for taking and transcribing the notes in 
 shorthand, or 10 cents per folio for other notes, exhibits, and appendices. Reporters 
 will be paid by the Pay Department on the certificate of the judge-advocate. (Par. 
 959, ibid.) 
 
 No person in the military or civil service of the Government can lawfully receive 
 extra compensation for clerical duties performed for a military court. (Par. 960, 
 ibid.) See, also, MANUAL FOR COURTS-MARTIAL, pp. 25-26. 
 
 INTERPRETERS. 
 
 Interpreters to courts-martial are paid by the Pay Department upon the certifi- 
 cate of the judge-advocate that they were employed by order of the court. They 
 will be allowed the pay and allowances of civilian witnesses. (Par. 961, A. R., 1895.) 
 
 A form of oath for the interpreter to a court-martial will be found at page 29, par. 
 5, of the Manual for Courts-Martial. 
 
 MISCELLANEOUS PROVISIONS. 
 
 A judge-advocate of a court-martial may be detailed to perform other duty, as that i 
 of officer of the day or member of a board of survey, if such duty will not interfere 
 
 . . i 
 
 a See G. 0. 93, Headquarters of Army, 1868. 
 
 1919 32 
 
498 THE MILITARY LAWS OF THE UNITED STATES. 
 
 RECORD OF PROCEEDINGS. 
 
 Record, dispo- 1313. Every judge-advocate, or person acting as such, at 
 81 July IT, 1862, c. anv general court-martial, shall, with as much expedition as 
 P . 598- July' 2s| the opportunity of time and distance of place may admit, 
 v 8 i4, p. 334'; Marl forward the original proceedings 1 and sentence of such 
 
 3, 1877, c. 102, v. 
 
 113 Art. War. with his duties as judge-advocate. But in general of course no duties, in addition 
 to those incidental to his function as judge-advocate, should be imposed upon him 
 pending an important trial. (Ibid., 460, par. 20.) 
 
 The general presumption of law, made in favor of all public officers, in the 
 absence of affirmative evidence to the contrary, that they duly fulfill their functions, 
 applies to the judge-advocate. (Ibid., 462, par. 27.) 
 
 1 Though courts-martial are not, in the legal sense, courts of record, (a) yet it is 
 clearly contemplated by the statute law (see the one hundred and thirteenth and 
 one hundred and fourteenth articles of war, taken from the old ninetieth article ; 
 also the later provision incorporated in section 1199, Revised Statutes, that a court- 
 martial shall make a formal record of its proceedings, and the Army Regulations of 
 1895, in paragraphs 954-957, etc., direct as to the substance and form of the record in 
 certain particulars. Upon such basis, the record of a court-martial has come to be, 
 in our practice, a full'report and recital of the details of the trial in each case, in- 
 cluding (and herein it differs from a judicial record in the civil procedure) all the 
 testimony introduced. As to the character, effect, and proper contents of a record of 
 a military court (the same rules being held to apply in the main to records of inferior 
 as to those of general courts), the Judge- Advocate-General has held as follows : 
 
 (1) That (in view of the requirement of paragraph 954, Army Regulations of 1895, 
 that " every court-martial will keep a complete and accurate record of its proceed- 
 ings") the entire proceedings and action of the court upon the trial should be fully 
 set forth, including the organization, challenges to members (if any), arraignment, 
 pleas, testimony of witnesses and documentary evidence, motions and objections, with 
 the substance of the arguments, if any, thereon, rulings of the court on interlocutory 
 questions, adjournments, continuances, closing addresses or statements, findings, and 
 sentence in short, every part and feature of the proceedings, material to a complete 
 history of the trial and to a correct understanding by the reviewing officer both of 
 the merits of the case and of the questions of law arising in the course of the inves- 
 tigation.^) Where a sentence is pronounced, the record should contain everything 
 necessary to sustain it in fact and in law. 
 
 (2) That the record of each case tried by a court-martial, where several cases are 
 tried thereby, should be "complete in itself" (par. 954, A. R.), and as much an en- 
 tirety, both in form and in substance, as if it were the only case tried. Each record 
 should be separate and distinct from every other record, containing all that is essen- 
 tial to an original and independent official paper, and so perfected as to leave no 
 material detail to be supplied from any previous or other record. The proceedings in 
 each case should be made up separately ; records, therefore, should not be attached 
 together, but should be prepared and transmitted as disconnected documents. 
 
 (3) That the copy of the convening order, directed, by paragraph 954, Army Reg- 
 ulations, to be "set out" in each case, should properly be prefixed to the proceedings, 
 as constituting the initial authority for the existence and action of the court. This 
 order should of course be complete, and should exhibit, by its heading and its sub- 
 scription, that it has proceeded from a commanding officer competent to order the 
 court. Where several cases are tried by the same court, a separate copy of the order 
 should accompany the record in each case; only to prefix a single copy to the first 
 of a series of records attached together is irregular and in violation of the regula- 
 tion as well as the general rule that every record should be "complete in itself." 
 Where subsequent orders have been issued, adding or relieving members or a judge- 
 advocate, or otherwise modifying the original convening order, copies of these should 
 follow the original or be elsewhere incorporated in the record. In their absence it 
 may not be possible to determine on the face of the record whether the officers who 
 composed the court on the trial were actually or legally detailed therefor, or whether 
 the prosecuting judge-advocate, or the judge-advocate who authenticates the pro- 
 ceedings, was so detailed. In connection, however, with any order making a change 
 in the original detail of members or substituting a new judge-advocate, the record 
 should note the fact of the new member taking his seat, or new judge-advocate com- 
 mencing to officiate, according to the order, on a certain day. Where less than 
 thirteen members are detailed in the original order, it has been usual to add therein 
 a statement to the effect that "no other officers than those named can be assembled 
 without manifest injury to the service." Such addition, however, is not required by 
 article 75, and is not essential. 
 
 (4) That the record should show that the court met and organized pursuant to the 
 order or orders constituting it. It is necessary, first, to the due organization of a 
 general court-martial that there should assemble, at the time and place indicated in 
 the order, at least a quorum, i.e., five, of the officers detailed as members. And 
 the record should show that at least five members were present and acting, not only 
 at the original assembling and proceeding to business as well as at the formal or- 
 ganization after the right of challenge has been fully exercised, but also at every 
 day's session throughout the trial to the end. The record of the first assembling 
 should, preferably, specify the members present by name, rank, etc. The state- 
 ment that " all the members'' were present, while strictly sufficient, is not a form to 
 be favored. A statement to the effect that the same members were present as at a 
 
 a See Chambers v. Jennings, 7 Modern, 125; Ex parte Watkins, 3 Peters, 209; Wil- 
 son v. John, 2 Binney, 215. 
 b Compare Coffin v. Wilbour, 7 Pick. (Mass.), 151. 
 
THE MILITARY LAWS OF THE UNITED STATES. 499 
 
 court to the Judge- Advocate-General of the Army, in whose 
 office they shall be carefully preserved. One hundred and 
 thirteenth Article of War. 
 
 previous trial by the same court is improper, as being in contravention of the rule 
 that the record of each case should be an entirety and not made up as to any partic- 
 ular by a reference to a record of a previous case. As to the statement or the as- 
 sembling of the court on the days subsequent to the day of the organization, it is 
 sufficient to note that all the members were present or that the same were present 
 as on the day before or as at the last preceding session, The record should also 
 show the presence of the accused at the time of the organization of the court for 
 his trial, as also at all the material stages and portions of the proceedings, (a) (See 
 Circ. No. 5 (H.Q. A.), 1891.) 
 
 (5) That the record should show that the order or orders convening the court and 
 detailing the members were read to the accused or communicated to him, and that he 
 was afforded an opportunity of objecting to any member that is to say, that the priv- 
 ilege of challenge, accorded and defined by the eighty-eighth article of war, was 
 extended to him. This testing of the members is the second essential to the due 
 organization of the court, and though the phraseology of the question put to the 
 accused, or of his answer thereto, need not be given in the record, it should clearly 
 appear either that he had (or made) no objection, or, if he made any, what it was. 
 Where a specific challenge is offered, it should, preferably, be recorded in the terms 
 in which it is expressed by the accused ; and. in connection with each challenge, the 
 record should set forth the remarks of the member, if any, and the action of the 
 court, as also, if an issue be joined on the challenge, the evidence, if any, introduced, 
 and the substance of the argument had. Where a member is added to the court at a 
 subsequent stage of the proceedings, the records should similarly show that the 
 accused was afforded an opportunity of objecting to him, and set forth theaction taken 
 if objection was made. It may be added that while, with the convening order, any 
 subsequent orders by which the original detail may have been modified should be 
 read to the accused, the fact that other orders relating to the court, but not to its per- 
 sonnel, such as an order changing the place of meeting or an order authorizing the 
 court to sit without regard to hours, may not have been so read, will not constitute an 
 irregularity. It is usual, however, and proper, to read all such orders, equally with 
 those relating to the composition of the court, in the presence of the accused. 
 
 (6) That the record should show, as the final essential to the due organization of 
 the court, that the members and the judge-advocate were qualified by being duly 
 sworn, and this should be shown in the record of every case tried by the same 
 court, since the court and judge-advocate must be sworn independently and anew 
 for each trial, (b) The, approved form for recording this proceeding is : " The mem- 
 bers of the court and the judge-advocate were then duly sworn. "(c) Any statement, 
 however, will be legally sufficient from which it can be gathered by the reviewing 
 officer, or presumed, that the members and judge-advocate were in fact qualified as 
 required by articles 84 and 85. Where an absent member joins or a new member is 
 added to the court, or the first judge-advocate is relieved and a new judge-advocate 
 is detailed, at a stage of the proceedings subsequent to the original organization and 
 qualifying, the record should show that such member or judge-advocate, before act- 
 ing, was sworn as above indicated. 
 
 (7) That the record should further set forth the arraignment of the accused on the 
 charges and specifications, with the plea or pleas made. The charges and specifica- 
 tions should properly be embodied in the record instead of being referred to as 
 annexed. If special pleas are interposed, the issue joined and action taken upon the 
 same should be clearly stated. 
 
 (8) That the record should fully set forth all the testimony introduced upon the - 
 trial the oral portion as nearly as practicable in the precise words of the witness. 
 For a judge-advocate to assume to record only such testimony as he considered 
 material, or to summarize the testimony given, has been remarked upon as a gross 
 irregularity. It is usual and proper (though not essential) to specify by which 
 party the witness is introduced and by whom the questions are put. It is also usual 
 to designate the point at which the prosecution is closed and the testimony for the 
 defense is commenced. It should appear that each witness (whether or not his evi- 
 dence was important) was duly sworn, but it is not customary to add that he 
 was sworn in the presence of the accused. Objections taken to the admissibility of 
 testimony should beset forth, with the substance of the argument had thereon, if 
 any, and the ruling of the court, and where the court is cleared on any interlocutory 
 objection, the fact will properly be noted. (That the record, in view of the enact- 
 ment of July 27, 1892, should now, where the court is closed, state that the judge- 
 advocate withdrew, see paragraph 1310, ante.) 
 
 (9) That the record should state the finding on each of the several charges and 
 specifications, and the sentence in the event of a conviction. In a case of a death 
 sentence, it is usual (though not essential, not being required by the ninety-sixth 
 article) to state that it was concurred in by two-thirds of the members. Care 
 should be taken that there be no variance, in the statement of the name, etc., of the 
 accused, between the finding or sentence and the charges. As directed by para- 
 graph 954, Army Regulations of 1895, the record should be "authenticated" by the 
 
 a Compare Long v. State, 52 Miss., 23. 
 
 6 Compare Coffin v. Wilbour, 7 Pick., 150. "It is not considered a compliance 
 with " paragraph 829, Army Regulations, directing that " the court is to be sworn at 
 the commencement of each trial," "to call several prisoners into coirrt at the same 
 time and swear the members of the court once before them all." G. O. 60, War 
 Department, 1873. 
 
 cThe inversion of the proper order of swearing the court and judge-advocate was 
 held by the Attorney-General (13 Opins., 374) not to have invalidated the proceedings 
 of a naval court-martial. 
 
500 THE MILITARY LAWS OF THE UNITED STATES. 
 
 signatures of the president and judge-advocate. Where, indeed, there are no 
 material proceedings after the sentence, the subscription of the same by these officers 
 will constitute a sufficient authentication of the record as a whole. Where the 
 president or judge-advocate has been changed pending the trial, it is, of course, the 
 fast one who is to sign the record. Adjournments from day to day are not required 
 to be authenticated. 
 
 (10) That the record should exhibit, at the end of the proceedings of the court, 
 the action thereon approval or disapproval, etc. of the reviewing authority. This, 
 though it has sometimes been indorsed on the outside of the record, is preferably 
 and customarily written and signed within the record, on a page following the au- 
 thenticated judgment or other final proceeding of the court. Where several cases 
 are tried by the same court, the action of the reviewing officer should be entered in 
 the record of each trial. Merely to indorse it upon the last of a series of cases would 
 be irregular as not a compliance with the regulation. So it is irregular for the 
 reviewing officer, in lieu of writing and subscribing his action in the record, to 
 annex to it or file with it a copy of a general order promulgating the proceedings and 
 his action thereon. Where the proceedings are to be forwarded to higher authority 
 for final action on the sentence, a mere reference, as by the words, "respectfully 
 referred, or forwarded, to the President" (or other superior) "for action," etc., is 
 incomplete and irregular. In such a case the original reviewing officer should state 
 his approval, etc., in full and formal terms. 
 
 (11) That, where the court is reassembled for the purpose of a revision of its pro- 
 ceedings in any particular, the record should formally recite all that is ordered and 
 done as a new and independent chapter of the history of the case tried. The record 
 of a revision will properly begin with setting forth a copy of the order reconvening 
 the court, and will show that at least five members assembled, together with the 
 judge-advocate, and, where the correction required is such as to make it proper that 
 he be present, the accused. The record will further show the action taken by the 
 court, in making the correction or otherwise, under the order, and the proceeding 
 will be finally authenticated by the signatures of the president and judge-advocate. 
 Where the court decides upon making the correction, the same should be declared 
 to be made in manner and form as determined upon, and with the proper reference to 
 the part of the original proceedings in which the error occurs. The error itself, 
 however, is to be left as originally recorded, all corrections in the body of the record 
 by erasure, interlineation, etc., being irregular and improper. A court-martial is 
 not authorized, either at a revision or during the trial, to expunge bodily any mate- 
 rial words or statement forming a part of its record. (Big. Opin. J. A. Gen., 639-646.) 
 
 Among the minor points held by the Judge-Advocate-General, in connection with 
 the subject of the form of the record, are the following : That the several stages of 
 the proceedings of the court should appear in the record in the proper order ; thus, 
 that the swearing of the court should not be recorded before the statement as to 
 whether the accused objected to any of the members, etc. That, in its statement of 
 the opening of each day's session, the record may well mention, if such was the 
 fact, that the proceedings of the previous day or session (if any were had in the same 
 case) were read and approved. Such a reading, however, though desirable as giving 
 the court an opportunity to make corrections, is often not resorted to, and even 
 where it is, is not always noted in the record. That, except where the court is spe- 
 cifically authorized to sit "without regard to hours," the record though this is not 
 essential, the niuty-fourth article of war not requiring it may well set forth the 
 hours of assembling and adjourning, so that it may appear that its sessions did not 
 commence earlier than 8 o'clock a. in or continue latter than 3 o'clock p. m. That, 
 though paragraph 1038, Army Regulations of 1889, in directing that "the record 
 shall be clearly and legibly written," and "as far as practicable without erasures or 
 interlineations," contemplates that the record will be written by hand, there is no 
 legal objection to printing the record, or any part of it (such as the charges and 
 specifications where numerous), provided, of course, the signatures of the President 
 and judge-advocate are written by them in person. That the record will conven- 
 iently and properly be indorsed on the outside, or cover, so that the name of the 
 accused and the court by which lie was tried, with the time and place of trial, etc., 
 will be apparent without opening and examining the proceedings, (a) (Ibid., 646 
 par. 2.) 
 
 Unless it clearly appears to the contrary on the face of the record, it is in general 
 to be presumed therefrom not only that the court had jurisdiction in the case, but 
 also that the proceedings were sufficiently regular to be valid in law. (b) (Ibid., 647, 
 par. 3.) 
 
 ADJOURNMENT. 
 
 The adjournment from day to day of a military court is not required, by law or 
 regulation, to be authenticated by the signatures of the president and judge-advo- 
 cate. (Ibid., 145, par. 1.) 
 
 While the practice of noting the adjournment of the court at the end of the 
 ecord of a trial is a usual and proper one, and is often of service in indicating the 
 
 a For form of briefing record, see MANUAL FOR COURTS-MARTIAL, p. 129. 
 
 6 However desirable it may have been, in view of the numerous and serious 
 defects frequently occurring in the records of courts-martial during the late war, and 
 in order to induce a greater precision and uniformity in the preparation of such 
 records, to treat (as was not unfrequently done) the more grave of these defects aa 
 tatal to the validity of the proceedings or sentence, it is conceived that the same, in 
 general, might properly have been regarded, and may now be regarded, as only call- 
 ing tor or justifying a disapproval of the proceedings. It is the effect of the rul- 
 ings of the civil courts that where the court on any trial was legally constituted, 
 had jurisdiction of the case, and has imposed a legal sentence or judgment, every 
 reasonable intendment will be made in favor of the regularity of its proceedings, 
 and even where the same are clearly irregular the validity of the result will not be 
 deemed to be affected, provided no statutory provision has been violated. (See 
 Mutton v. Blame, 2 Sergt. & Rawle, 75, 79; Moore v. Houston, 3 ibid., 197; Trinity 
 Church v. Higgins, 4 "Robt., 1; Edwards v. State, 47 Miss., 581.) And it is further 
 
THE MILITARY LAWS OF THE UNITED STATES. 501 
 
 sequence of the cases tried and the course and order of the business transacted, a 
 statement of such adjournment is not an essential part of the record of proceedings, 
 and its omission will not affect their validity. (Ibid., par. 2.) 
 
 Where the order convening a military court is in the more usual form, requiring 
 it, generally, to try such cases as may be brought before it, an adjournment at some 
 period of its sessions without a day fixed for its reassembling will not preclude its 
 meeting again and continuing its sessions till its business is terminated. (Ibid., 
 par. 3.) 
 
 An adjournment "sine die" of a court-martial is quite without legal significance, 
 having no more legal effect than a simple adjournment. Such an adjournment does 
 not dissolve the court, since a military court has no power to terminate its own 
 existence or divest its authority. (Ibid., par. 4.) 
 
 A court-martial has no power to terminate its own existence or function. Where 
 therefore it has adjourned "sine die," it may, without being formally reconvened in 
 orders, reassemble and take up and try a case referred to it by the convening author- 
 ity, through its president or judge-advocate, precisely as if it had not adjourned at 
 all. It is its duty indeed to hold itself in readiness to try all cases so referred, 
 until formally dissolved by the convening officer or his successor in the command. 
 (Ibid., 317, par. 13.) 
 
 A court-martial is not legally dissolved till officially informed of an order, from 
 competent authority, dissolving it. The proceedings of a court-martial, had after 
 the date of an order dissolving it, but before the court has become officially advised 
 of such order, will thus be quite regular and valid. Where an order dissolving 
 forthwith a court martial has been duly officially received by the court and has thus 
 taken effect, an order subsequently received revoking this order will be entirely 
 futile. It will not revive the court, but the same, to be qualified for further action, 
 must be formally reconvened as a new and distinct tribunal. (Ibid., par. 14.) 
 
 An adjournment ' ' sine die " by a court-martial does not dissolve it, and the review- 
 ing authority is authorized to send back to the court its record for the reconsidera- 
 tion of the judgment, and the court itself to reconsider and reframe the sentence, 
 subsequently to such an adjournment and without regard to it. (Ibid., 320, par. 30. 
 
 A court-martial in session at a military post or station is authorized to adjourn to 
 the quarters, at the same post or station, of a sick witness and there take his testi- 
 mony, if he is in fact, as certified by the medical officer, too ill to come to the court 
 room, (a) (Ibid., 146, par. 5.) 
 
 MISCELLANEOUS PROVISIONS. 
 
 Where the proceedings of a court-martial have regularly terminated, and the 
 sentence has been confirmed and ordered to be executed by the proper and final 
 reviewing authority, the fact that the record has since been lost does not impair or 
 affect the judgment of the court, and constitutes no legal obstacle to the enforce- 
 ment of the penalty. But where the record of the trial of a soldier who had pleaded 
 not guilty, and in whose case considerable evidence had been introduced, was, by a 
 casualty of war, lost before any action had been taken upon the sentence by the 
 reviewing officer, held that, unless the court could be reconvened and a new record 
 could be made out from extant original notes, the proceedings, inasmuch as they 
 could not be intelligently reviewed or formally approved, should properly be con- 
 sidered as inoperative and the sentence of no effect. (Dig. Opin. J. A. Gen., 648, 
 par. 4.) 
 
 The legal record of a court-martial is that record which is finally approved and 
 adopted by the court as a body, and authenticated by its president and judge-advo- 
 cate. The court as a whole is responsible for the record, and the instrument which 
 it approves as such is its record, however, the same may have been made up. It is 
 immaterial to the sufficiency of a record whether the same was kept or written by 
 the judge-advocate or a clerk. So where a clerk or reporter, appointed and sworn 
 to keep the record, did not act, but the record was prepared by the judge-advocate 
 or some other person employed by him to assist him, held that this circumstance did 
 not affect the validity of the record as finally approved by the court. (Ibid., 649, 
 par. 5.) 
 
 The record of a trial by court-martial should include a record of meetings where 
 no business is transacted. (Ibid., 650, par. 6.) 
 
 Recommended that, after the record of the organization at the first session, it be 
 
 held that the regularity or validity of the minor details of the proceedings may be 
 shown by evidence outside the record. (Van Deusen v. Sweet, 51 New York, 378.) 
 Similarly, it is believed, no omission or error in a record of court-martial, not in con- 
 travention of express statute, should, as a general rule, be regarded as absolutely 
 invalidating the proceedings where there remains enough in the record fairly to war- 
 rant the presumption that the legal requirements have oeen complied with, or where 
 the reviewing authority can supply the defect from his own official knowledge, or 
 from current orders or other satisfactory evidence readily available to him. So 
 where no copy of the convening order accompanies the proceedings, but the review- 
 ing authority, from the fact of having issued it himself or from the records of the 
 command or otherwise, is officially apprized that the court was duly convened, the 
 proceedings are not to be treated as fatally defective, but the court appearing in 
 tact to have been constituted and to have acted pursuant to the order may be 
 regarded as valid in law though imperfectly recorded. Where, indeed, the record 
 discloses in the proceedings of a general court-martial an irremediable defect in a 
 vital particular, as the fact that the court was composed of but four members, the 
 proceedings and sentence, if any, must be held inoperative, since the statute law, 
 article 75, has fixed five members as the legal minimum for such a court. But where 
 the defect occurs in a less material feature, or is one of form only, the same, while 
 it may, if of a grave character, properly warrant a disapproval of the proceedings, 
 in case it can not be removed by a revision by the court on being reassembled for the, 
 purpose, will not in general, it is held, justify the reviewing authority in pronounc- 
 ing the proceedings to be void, or in treating them as necessarily without legal 
 effect, 
 a See G. C. M. O., Department of the East, 870. 
 
502 THE MILITARY LAWS OF THE UNITED STATES. 
 
 THE REVIEWING AUTHORITY. 
 
 Approval of 1314. No sentence of a court-martial shall be carried into 
 ce? te o n rde?in ffi g execution until the same shall have been approved by the 
 
 court. 
 104 Art. War. 
 
 simply entered at the beginning of a day's session: "Present, all the members and the 
 judge-advocate." Also, that -when the absence of an officer who has not qualified, 
 or has been relieved or excused, has been accounted for, no further notice be taken 
 of it. (Ibid., par. 7.) 
 
 It is not customary to take notice in the record of a mere recess , but if a recess 
 be noted at all it should appear from the record that on the reassembling the mem- 
 bers, judge-advocate, and accused were duly present. (Ibid., par. 8.) 
 
 When the court closes, the record should (now) properly set forth that the judge- 
 advocate withdrew. (Act of July 27, 1892, sec. 2.) But an absence of a statement to 
 this effect will not impair the legal validity of the record. Where it simply appears 
 from the record that the court "closed," the presumption will be that, in closing, 
 the requirements of law were observed. (Ibid., par. 9.) 
 
 The record need not show affirmatively that the accused was offered an opportu- 
 nity to cross-examine; where it appears that lie did not cross-examine, the presump- 
 tion will be that lie waived the privilege. So the record need not state that the 
 accused was notified of his privilege of being assisted by counsel. So it need not 
 specifically state or show that the court adjourned at or before 3 o'clock p. m. In the 
 absence of evidence to the contrary, it will be presumed to have done so. There is 
 always a presumption, in the absence of obvious irregularity, that the proceedings 
 were regular and according to law. (Ibid., par. 10.) 
 
 It is not essential that the record of the court should show that the judge-advocate 
 called the attention of the accused to the fact of his privilege of testifying in his 
 own behalf. (G. 0. 75 of 1887 requires only that this be done ' ' before the assembling 
 of the court.") (Ibid., par. 11.) 
 
 Where the record of a trial failed to show that the court or judge-advocate was 
 sworn, held that the conviction and sentence were without legal validity. The 
 qualification by swearing is enjoined as a necessary preliminary by articles of war 
 84 and 85, and the record must show affirmatively whatever is made by statute essen- 
 tial to its jurisdiction and the legality of its proceedings. (Ibid., par. 12.) 
 
 A mere clerical error in the spelling of the name of the accused, leaving it idem 
 sonans, is not a case of misnomer and does not affect the validity of the proceedings 
 as recorded. (Ibid., 651, par. 13.) 
 
 It is not necessary to encumber a record by spreading upon it documents or other 
 writing or matter excluded by the court. But it should specify the character of 
 the writing and the grounds upon which it was ruled out. (Ibid., par. 14.) 
 
 A record can not legally be corrected by an interlineation by the judge-advocate, 
 as by the words "at hard labor" interlined in the sentence. Nor can it legally be 
 corrected by a statement on the margin of a page, signed by the judge advocate. 
 (Ibid., par. 15.) 
 
 Paragraph 955, Army Regulations of 1895, prescribes that the officer who passes upon 
 the sentence of a court-martial "shall state at the end of the proceedings in each case 
 his decision and orders thereon." Held that this provision was directory merely, 
 and that it was not essential to the validity of the proceedings that the action of the 
 President or commander should be indorsed upon or attached to the record, but was 
 sufficient, to give effect to a sentence, that the approval should appear in a separate 
 official order. (Ibid., par. 16.) 
 
 Held that the destruction, by fire or other casualty, of the record of the trial, con- 
 viction, and sentence of a deserter, before action could be taken upon the same, was 
 of similar effect in law to an acquittal, and relieved the deserter from the forfeiture 
 of pay due at the date of his desertion. (Ibid., par. 17.) 
 
 Where there have been two or more judge-advocates successively detailed in the 
 course of a trial, the one who is acting at the close is the one (and the only one) 
 required to authenticate the proceedings by his signature. (Ibid., p. 461, par. 22.) 
 
 1 This term is employed in military parlance to designate the officer whose prov- 
 ince and duty it is to take action upon approve or disapprove, etc. the proceedings 
 of a court martial after the same are terminated, and when the record is transmitted 
 to him for such action. This officer is ordinarily the commander who has convened 
 the court. In his absence, however, or where the command has been otherwise 
 changed, his successor in command, or, in the language of articles 104 and 109, " the 
 officer commanding for the time being," is invested (by those articles) with the same 
 authority to pass upon the proceedings and order the execution of the sentence in a 
 case of conviction. (Dig. Opih. J. A. Gen., 670, par. 1.) 
 
 In cases, however, of sentences of dismissal and of death, imposed in time of peace, 
 and of some death sentences adjudged in time of war, as also of all sentences, "re- 
 specting general officers," while the convening officer (or his successor) is the 
 original reviewing authority, with the same power to approve or disapprove as in 
 other cases, yet, inasmuch asit is prescribed by articles 105, 106, 108, and 109 that the 
 sentence shall not be executed without the confirmation of the President, the latter 
 becomes in these cases the final reviewing officer, when, the sentence having been 
 approved by the commander (for, if disapproved by him, there is nothing left to be 
 acted upon by the superior), the record is transmitted to him for his action. A sim- 
 ilar division of the reviewing function exists in cases in which sentences are ap- 
 proved, but the execution of the same is suspended, and the question of their 
 execution referred to the President, under article 111. The same function is also 
 shared between inferior and superior commanders, under article 107, in cases in 
 which sentences are imposed by division or separate brigade courts. So, under arti- 
 cle 110, in cases of sentences adjudged by field officers' courts in time of war. 
 
 Where a general court-martial is convened directly by the President, as Com- 
 mander in chief, he is, of course, both the original and final reviewing authority. 
 (Ibid.) See, also, in connection, with the review of proceedings, pp. 66-69, MANUAL 
 FOE COURTS-MARTIAL. 
 
THE MILITARY LAWS OF THE UNITED STATES. 503 
 
 officer ordering the court, or by the officer commanding for 
 the time being. 1 One hundred and fourth Article of War. 
 
 1 While approval gives life and operation to proceedings or sentence, disapproval, 
 on the other hand, quite nullifies the same. A disapproval of the proceedings of a 
 court-martial by the legal reviewing authority is not a mere expression of disappro- 
 bation, but a final, determinate act, putting an end to such proceedings in the par- 
 ticular case, and rendering them entirely nugatory and inoperative; and the legal 
 effect of a disapproval is the same whether or not the officer disapproving is author- 
 ized finally to confirm the sentence. But to be thus operative a disapproval should 
 be express. As frequently remarked in the opinions of the J udge-Advocate General, 
 the mere absence of an approval is not a disapproval, nor can a mere reference of the 
 proceedings to a superior without words of approval operate as a disapproval of the 
 proceedings or sentence, (a) The effect of the disapproval, wholly, of a conviction 
 or sentence is not merely to annul the same as such, but also to prevent the accruing 
 of any disability, forfeiture, etc., which would have been incidental upon an ap- 
 proval, (b) A disapproval of a conviction of a particular offense also operates to 
 nullify the conviction of any lesser included offense, involved in the conviction of 
 the specific offense charged. 
 
 Where the original reviewing officer disapproves a sentence, to the execution of 
 which the confirmation of superior authority is made requisite by the code, as 
 where (in time of peace) the department commander who has convened the court, 
 in the case of an officer, disapproves a sentence of dismissal adjudged thereby, the 
 sentence being nullified in law, there remains nothing for the superior authority 
 to act upon, and to transmit the proceedings to him for action will be improper and 
 unauthorized. 
 
 A reviewing officer can not disapprove a sentence and then proceed to mitigate or 
 commute the punishment, since, upon the disapproval, there is nothing left in the 
 case upon which any such action can be based. 
 
 It is quite immaterial to the legal effect of a disapproval whether any reasons are 
 given therefor, or whether the reasons given are well founded in fact or sufficient in 
 law. (Dig. Opin. J. A. Gen., 671, par. 2.) 
 
 The authority of a military commander as reviewing officer is limited to taking 
 action upon the proceedings and sentence (if any), by approving or disapproving the 
 same (in whole or in part), and directing the execution of the sentence, and to the 
 incidental function, as conferred by article 112, of pardoning or mitigating the pun- 
 ishments which have been approved by him. Action not included within these 
 powers he is not authorized to take. Thus, he can not himself correct the record of the 
 court by striking out any part of the finding or sentence, or otherwise, nor can he in 
 general change the order in which different penalties are adjudged by the court to be 
 suffered, nor can he add to the punishment imposed by the court, though deemed by 
 him quite inadequate to the offense. A reviewing officer, however, may, in general, 
 specify the reasons for the action taken by him, without transcending his authority. 
 Thus, where a department commander disapproved a sentence as inadequate, and in 
 stating his grounds for so doing commented unfavorably upon the conduct of the 
 accused as indicated by the evidence, held that such comments were a legitimate 
 explanation of the action taken, and did not constitute an adding to the punishment. 
 (Ibid., 672, par. 3.) 
 
 Where the reviewing officer deems that the proceedings of the court are in any 
 material particular erroneous or ill advised, his proper course in general will be to 
 reconvene the court for the purpose of having the defect corrected, at the same time 
 furnishing it with the grounds of his opinion. Thus, if he regards the sentence in- 
 adequate, he should, in reassembling the court for a revision of the same, state the 
 reasons why he considers it to be disproportionate to the amount of criminality in- 
 volved in the offense. But although he can not compel the court to adopt his views 
 in regard to the supposed defect, he may, in a proper case, express his formal dis- 
 
 pu being again reassembled to consider further grounds presented by the review- 
 ing commander for the infliction of a severer penalty, again declined to increase 
 the punishment, held that it was within the authority of the reviewing officer, and 
 would be no more than proper and dignified for him, in taking final action upon the 
 
 case, to reflect upon the refusal of the court as ill judged and as having the effect 
 to impair the discipline and prejudice the interests of the military service. (Ibid., 
 673, par. 4.) 
 
 In passing upon the findings and sentence of a court-martial, the reviewing officer 
 will properly attach special weight to its conclusions where the testimony has been 
 of a conflicting character. This for the reason that, having the witnesses before it 
 in person, the court was qualified to judge, from their manner in connection with 
 their statements, as to the proper measure of credibility to be attached to them 
 individually. (c) (Ibid., 674, par. 5.) 
 
 The reviewing authority should properly authenticate the action taken by him in 
 any case by subscribing in his own hand' (adding his rank and command, as indi- 
 
 ct See 16 Opin. Att. Gen., 312, where it is remarked that it is not a legal disapproval 
 of a conviction or sentence for the original reviewing officer, in forwarding the pro- 
 ceedings for the action of superior authority, to indorse upon the same an opinion to 
 the effect that the finding is not sustained by the evidence. 
 
 6 A disapproval of a sentence by the proper reviewing authority is "tantamount 
 to an acquittal by the court." (13 Opin. Att. Gen., 460.) 
 
 cSee the early case of Captain Weisner, Am. Archiv., 5th series, vol. 2, p. 895. 
 So civil courts will rarely interfere, except in cases of clear injustice, with verdicts 
 of furies which have turned upon the credibility of witnesses. Wright v. State, 34 
 Ga., 110; Whitten v. State, 47 ibid., 297. 
 
504 THE MILITARY LAWS OF THE UNITED STATES. 
 
 confirmation 1315. Xo sentence of a court-martial, inflicting the pun- 
 
 of death sen- , , ,, , . ., . . .. ,., ., 
 
 tence. ishment of death, shall be carried into execution until it 
 
 c. shall have been confirmed by the President; except in the 
 598; Mar^ise?,' cases of persons convicted, in time of war, as spies, muti- 
 735 5 ' j'uiVsi, ISM,' neers, deserters, or murderers, and in the cases of guerilla 
 i v - 13 > P' marauders, convicted, in time of war, of robbery, burglary, 
 arson, rape, assault with intent to commit rape, or of viola- 
 tion of the laws and customs of war; and in such excepted 
 
 eating his legal authority to act) the official statement of the same as written in or 
 upon the record. Impressing the signature by means of a stamp is not favored. 
 (Ibid., par. 6.) 
 
 Action taken by a reviewing officer upon the proceedings and sentence of a court- 
 martial may be recalled and modified before it is published and the party to be af- 
 fected is duly notified of the same. After such notice the action is beyond recall. 
 The power of remission, indeed, may be exercised so long as any part of the punish- 
 ment imposed remains unexecuted". But when the final approval of the sentence 
 (or other action taken) has been once officially communicated to the accused, the 
 function and authority of the reviewing authority as such over and respecting the 
 same is exhausted and can not be revived. An approval can not then bo substi- 
 tuted for a disapproval, or vice versa. (Ibid., par. 8.) 
 
 A disapproval of a finding by the proper reviewing authority has the same legal 
 effect as an acquittal, and the soldier can not be made to suffer any of the legal con- 
 sequences of a conviction. (See paragraph 2, ante.) (Ibid., 675, par. 9.) 
 
 Held a good ground for the disapproval of a sentence that the court denied the 
 request of the accused to have summoned a clearly material and important witness, 
 whose testimony would not have been merely cumulative. (Ibid., par. 10.) 
 
 It is beyond the power of the reviewing officer to change, by his own action, a find- 
 ing. Thus where, in a case of conviction of desertion, the reviewing authority 
 approved "so much only of the finding of guilty of desertion as convicted theaccused 
 of absence without leave," held that he thus substituted a finding of his own for that 
 of the court, and that his action was unauthorized. (Ibid., par. 11.) 
 
 It is within the authority of a department commander, as reviewing officer, in a 
 case in which a soldier of his command has been sentenced to confinement in a peni- 
 tentiary, to designate a particular penitentiary within such command as the place of 
 confinement. (Ibid., par. 12.) 
 
 It is an established principle that when the final action of the reviewing officer 
 has been published in orders to the command and notified to the accused, his power 
 of approval and disapproval in the case is exhausted, and his action can not be recalled 
 or modified. Where a department commander applied to the War Department for 
 the return of the proceedings of a case in order that he might modify his action 
 
 A sentence to forfeit certain pay was approved, and such approval promulgated in 
 orders of February 18, 1865. On March 10 following, the reviewing officer ' ' reconsid- 
 ered " his action and by another order disapproved the sentence, and this order was 
 also promulgated. Held that the latter order was of no effect. The first order exe- 
 cuted the forfeiture, making the amount forfeited public money, and exhausted the 
 power of the reviewing authority. (Ibid., 676, par. 14.) 
 
 But where, after the reviewing commander had approved a sentence in general 
 orders, and the court had been dissolved, it was discovered that there was a fatal 
 defect in the proceedings in that they did not show that the court or judge-advocate 
 had been sworn in the case, held that the commander would properly issue a supple- 
 mental order declaring the proceedings a nullity an'd the original order inoperative 
 and withdrawn on account of the defect. (Ibid., par. 15.) 
 
 Where the convening commander dissolves a court pending a trial, his power as to 
 that court is exhausted and he can not revive it as such. He may reconvene the 
 same members as a court-martial, but it will be another and distinct tribunal. (Ibid., 
 par. 16.) 
 
 In acting upon the proceedings of a court-martial, the legal reviewing officer acts 
 partly in a judicial and partly in a ministerial capacity. He "decides" and 
 "orders," and the due exercise of his proper functions can not be revised by supe- 
 rior military authority. Thus held that a reviewing officer who had duly acted upon 
 a sentence and promulgated his action in orders could not be required by a higher 
 commander, or by the Secretary of War, to revoke such action. If the sentence be 
 deemed unwarranted or excessive, relief may be extended through the power of 
 pardon or remission. (Ibid., par. 17.) 
 
 This article is properly to be complied with by an approval of the sentence (where 
 the same is approved in fact) by "the officer ordering the court," etc., although as 
 in a case of a sentence of dismissal in time of peace he may not be empowered 
 finally to confirm and give effect to the sentence. His approval is required as show- 
 ing that ho d,oes not, as he is authorized to do, disapprove. (Ibid., 126, par. 1.) 
 
 ne approval of the sentence indicated by this article should properly be of a 
 formal character. An indorsement, signed by the commander, of the single word 
 
 approved a lorm not unfrequently employed during the late war though strictly 
 sufficient in law, is irregular and objectionable. So, held that a mere statement, 
 written in or upon the proceedings, in transmitting them to the President, that the 
 record was ' forwarded " for the action of superior authority, was insufficient as not 
 implying the requisite approval according to the article. And similarly held of a 
 m ^ r re 2 r . ecommen datlon th t the proceedings be approved by such authority. (Ibid., 
 
 A military commander can not, of course, delegate to an inferior or other officer hia 
 
THE MILITARY LAWS OF THE UNITED STATES. 505 
 
 cases the sentence of death may be carried into execution 
 upon confirmation by the commanding general in the field, 
 or the commander of the department, as the case may be. 
 One hundred and fifth Article of War. 
 
 1316. In time of peace no sentence of a court-martial, confirmation 
 directing the dismissal of an officer, shall be carried into exe- 
 
 cution, until it shall have been confirmed by the President. 1 War 
 
 One hundred and sixth Article of War. 
 
 function as reviewing authority of proceedings or sentence of a court-martial, as 
 conferred by the one hundred and fourth or one hundred and ninth article of war or 
 other statute. Nor can he, regularly, authorize a staff or other officer to write and 
 subscribe for him the action, by way of approval, disapproval, etc., which he has 
 decided to take upon such proceedings. An approval purporting to be subscribed 
 by the commander, "by" his staff judge-advocate or assistant adjutant-general, 
 would be open to question and quite irregular, as would also be any action sub- 
 scribed by such an officer purporting to be taken ''in the absence and by the direc- 
 tion of" the commander. (Ibid., 674, par. 7.) 
 
 Held that a department commander could not legally depute a staffer other officer 
 to act for him, while absent from his headquarters on an expedition against Indians, 
 in approving, etc., the sentences of courts-martial previously duly convened by him. 
 (Ibid., 126, par. 4.) 
 
 The "officer commanding for the time being,'' indicated in this article, is an officer 
 who has succeeded to the command of the officer who convened the court, as where 
 the latter has been regularly relieved and another officer assigned to the command, 
 or where the command of the convening officer has been discontinued and merged 
 in a larger or other command, at some time before the proceedings of the court are 
 completed and require to be acted upon Thus where, under the circumstances, a 
 separate brigade has ceased to exist as a distinctive organization and been merged in 
 a division, or a division has been similarly merged in an army or department, the 
 commander of the division in the one case, and of the army or department in the 
 other, is " the officer commanding for the time being." in the sense of the article. 
 So where, before the proceedings of a garrison court convened by a post commander 
 were completed, the post command had ceased to exist and the command become 
 distributed in the department, held that the department commander, as the legal 
 successor of the post commander, was the proper authority to approve the sentence 
 under this article. (Ibid., 127, par. 5.) 
 
 Where a department command was discontinued, without being transferred to or 
 
 tence of a court which had been ordered by the department commander, but whoso 
 judgment had not been completed at the time of the discontinuance of the command. 
 (Ibid., par. 6.) 
 
 The '' officer commanding for the time being " must, to legally act, have the neces- 
 sary qualifications. Thus, where the sentence is one of a general court-martial, this 
 officer must have the same rank and status as the convening officer must have had 
 under the seventy -second article, i. e., he must be either a general officer commanding 
 the army, division, or department, or a colonel commanding the department. (Ibid., 
 par. 7.) 
 
 1 The article does not require that the confirmation of the sentence shall be signed 
 by the President, nor does it prescribe any form in which the confirmation shall be 
 declared. Held, therefore, that a written approval of a sentence of dismissal authen- 
 ticated by the signature of the Secretary of War, or expressed to be by his order, 
 was a sufficient confirmation within the article; the case being deemed to be gov- 
 erned by the well-established principle that where, to give effect to an Executive 
 proceeding, the personal signature of the President is not made essential by law, 
 that of the head of the department to which the subject belongs shall be sufficient 
 for the purpose; the assent of the President to his order or direction being presumed, 
 and his act being deemed in law the act of the President whom he represents. (a) 
 (Dig. Opin. J. A. Gen., 128, par. 2.) 
 
 The word "approved," employed by the President in passing upon a sentence of 
 dismissal, held to be substantially equivalent to "confirmed," the word used in the 
 article. In practice the two words are used indifferently in this connection. (Ibid., 
 par. 1.) 
 
 This subject has been more recently considered by the United Stales Supreme 
 Court in a succession of cases (Runkle v. TJ. S., 122 TJ. S., 543 ; IT. S. v. Page, 137 
 U.S., 673; U. S. v. Fletcher, 148 U. S., 84), the effect of which is that a statement of 
 approval of a sentence of dismissal, authenticated by the Secretary of War, is 
 legally sufficient, provided that it appear, by clear presumption therefrom, that the 
 proceedings have actually been submitted to the President. 
 
 In an opinion of the Attorney-General of April 1, 1879 (16 Opins., 298), it was held 
 that a confirmation of a sentence of dismissal of an officer, though irregularly and 
 unduly authenticated, would be ratified by an appointment by the President of 
 another officer to fill the supposed vacancy, and that the appointment thus made 
 would be valid and operative. 
 
 a This view has been sustained by an opinion of the Attorney-General of June 6, 
 1877 (15 Opins., 290), and by a report of the Judiciary Committee of the Senate of 
 March 3, 1879, report No. 868, Forty -fifth Congress, third session. (From this report, 
 indeed, two members of the committee dissented in a subsequent report of April 7, 
 1879, Mis, Doc. No. 21, Forty-sixth Congress, first session.) 
 
506 THE MILITARY LAWS OF THE UNITED STATES. 
 
 . No sentence of a court-martial appointed by the 
 
 or brigade commander of a division or of a separate brigade of troops. 
 
 commanders. . 
 
 Dec, 24, 1861,0. directing the dismissal of an officer, shall be carried into 
 
 ' 167 Art. war. execution until it shall have been confirmed by the general 
 
 commanding the army in the field to which the division or 
 
 brigade belongs. One hundred and seventh Article of War. 
 
 The same, sen- 1318. No sentence of a court-martial, either in time of 
 
 tences respecting 
 
 ge i08 a Art war P eace or * n ^ me ^ war > respecting a general officer, shall 
 
 be carried into execution, until it shall have been confirmed 
 
 by the President. One hundred and eighth Article of War. 
 
 The same, con- 1319. All sentences of a court-martial may be confirmed 
 
 oer ord e rVn g and carried into execution by the officer ordering the court, 
 
 c io9Art.war. or by the officer commanding for the time being, where 
 
 confirmation by the President, or by the commanding gen- 
 
 eral in the field, or commander of the department, is not 
 
 required by these articles. One hundred and ninth Article 
 
 of War. 
 
 Suspension of 1320. Any officer who has authority to carry into execu- 
 
 senteuces of 
 
 death or dis- tion the sentence of death, or of dismissal of an officer. 
 
 missal pending . ' 
 
 Executive ac- may suspend the same until the pleasure of the President 
 
 111 Art. wa*. shall be known $ and, in such case, he shall immediately 
 
 transmit to the President a copy of the order of suspension, 
 together with a copy of the proceedings of the court. 1 One 
 hundred and eleventh Article of War. 
 Pardon and 1321. Every officer who is authorized to order a general 
 
 mitigation of . 
 
 punishment. court-martial shall have power to pardon or mitigate any 
 201 ,V ?, v. 12,'p! punishment adjudged by it, except the punishment of death 
 
 112 Art. War. or of dismissal of an officer. Every officer commanding a 
 
 regiment or garrison in which a regimental or garrison 
 court-martial may be held, shall have power to pardon or 
 mitigate any punishment which such court may adjudge. 2 
 One hundred and twelfth Article of War. 
 
 1 An officer suspending the execution of a sentence for the action of the President 
 under this article should first formally approve the same. Simply to forward the 
 proceedings, stating that the sentence has been suspended, is incomplete and irregu- 
 lar. If the commander disapproves the sentence, he can not, of course, suspend and 
 transmit under this article, since there remains nothing for the President to act 
 upon. (Dig. Opin. J. A. Gen., 129, par. 1.) 
 
 Where a case i& submitted to the President for his action under this article, he 
 may approve or disapprove the sentence in whole or in part, and, if approving, may 
 exercise the power of remission or mitigation. (Ibid., par. 2.) 
 
 2 The power to remit or commute (see paragraph 5, post) sentences of death and 
 dismissal is reserved by this article for the President. A military commander can 
 not exercise such power, even where, in time of war, he is authorized to approve and 
 execute the sentence. He may then, however, if he thinks that the sentence should 
 be remitted or commuted, suspend its execution for the action of the President 
 (with a recommendation to clemency; under the preceding article, (a) (Ibid., p. 129, 
 par. 1.) 
 
 A military commander vested with the power of pardon or mitigation under this 
 article is not authorized to delegate the same to an inferior. Thus held that a de- 
 partment commander could not legally authorize a post commander to remit in part, 
 upon good behavior, the punishment of a soldier under sentence at the post of the 
 latter, who had been convicted by a general court, convened, and whose proceedings 
 had been acted upon, by the former. (Ibid., 130, par. 2.) 
 
 A punishment can not be pardoned or mitigated under this article where it has 
 
 o See 6 Opiii. Att. Gen., 124, 125. 
 
THE MILITARY LAWS OF THE UNITED STATES. 507 
 
 1322. Every party tried by a general court-martial shall, 
 upon demand thereof, made by himself or by any person Ord 
 
 been once duly executed. Where, however, a sentence has been executed only in 
 part, it may bo remitted as to the portion remaining unexecuted. (Ibid., par. 3.) 
 
 The pardoning power here given is not limited in its exercise to the moment of the 
 approving of the sentence, but may be employed as long as there remains any 
 material for its exercise. Under this article, as interpreted by the usage of the 
 service, a department (or army) commander may remit at any time, in his discretion, 
 lor any cause deemed by him to be sufficient, the unexecuted portion of the sentence 
 
 a court-martial 
 
 convened by him or by a predecessor in the command. (Ibid., 130, par. 4.) 
 
 The reviewing authority, in approving the punishment adjudged by the court and 
 ordering its enforcement, is authorized, if he deems it top severe, to graduate it to 
 the proper measure by reducing it in quantity or quality, without changing its 
 species; this is mitigation, (a) Imprisonment, fine, forfeiture of pay, and suspen- 
 sion are punishments capable of mitigation. As an instance of a mitigation both 
 in quantity and quality, held that a sentence of imprisonment for three years in a 
 penitentiary was mitigable to an imprisonment for two years in a military prison. 
 (Ibid., 131, par. 5.) 
 
 Held that it was not a due exercise of the power given by this article, but irregular 
 and unauthorized, for a post commander to suspend the execution of the sentence 
 of a garrison court convened by him during good behavior on the part of the soldiers 
 sentenced. (Ibid., par. 6.) 
 
 Held that a reviewing officer other than the President was not empowered by this 
 article to commute a punishment; that the "pardon " here specified was remission, 
 whicn, unlike the pardoning power vested in the President, did not include com- 
 mutation or conditional pardon. So, held that a reviewing commander was not 
 authorized to commute the punishment of dishonorable discharge, and that, as such 
 punishment was not susceptible of mitigation, it could not legally be reduced under 
 this article. (Ibid., par. 7.) 
 
 The substitution of the punishment of confinement for that of dishonorable dis- 
 charge, imposed by sentence of court-martial, would not, of course, be authorized by 
 way of mitigation (which can not change the nature of the punishment), but maybe 
 affected by a commutation of the sentence by the President, accepted by the soldier. 
 (See the action of the President in the case of Private Hayes, Fifth Artillery, in 
 G. C. M. 0. 58 of 1888.) (Ibid., par. 8.) 
 
 Where a prisoner is serving out a sentence of imprisonment at a military prison 
 or place of confinement within the command of the officer who approved the proceed- 
 ings, such officer (or his successor in the command) may, under this article, remit at 
 any time the unexpired portion of the pending confinement, (b) although the punish- 
 ment of dishonorable discharge, imposed by the same sentence, may meanwhile have 
 been duly executed. (Ibid., par. 9.) 
 
 A soldier was sentenced to be confined for a term, and at the end of such term to be 
 dishonorably discharged. At the end of the term he was at once restored to duty and 
 continued on duty. Held that such restoration operated as a constructive pardon and 
 remitted the unexecuted part of the sentence, to wit, the punishment of dishonorable 
 discharge, (c) (Ibid., 132, par. 10.) 
 lie 
 
 the latter will be equally invalid and inoperative with the original punishment. 
 (Ibid., par. 11.) 
 
 A substitution, for a punishment of dishonorable discharge with loss of all pay and 
 allowances due and to become due, of a punishment of confinement at hard labor at 
 the post for one year, with forfeiture of $10 per month for the same period, held not 
 a legitimate mitigation. (Ibid., par. 12.) 
 
 Where a sentence of dishonorable discharge, with forfeiture of all pay and allow- 
 ances and confinement at hard labor for four years, was mitigated to confinement 
 for one year, with forfeiture of $10 per month for the same period, held that the same 
 was regular and legal and not in contravention of circular No. 2 (H. A.) of 1885. 
 (Ibid., 132, par. 13.) 
 
 Dishonorable discharge cannot legally be mitigated to " discharge without a char- 
 acter." The latter is not a recognized punishment. (Ibid., par. 14.) 
 
 Where a sentence consists of several punishments, the reviewing officer can not so 
 exercise the power of mitigation as to exceed in any instance the maximum punish- 
 ment established by law and orders. Thus he would not be authorized by way of 
 mitigation to reduce a confinement, while at the same time adding to a forfeiture so 
 as to make it in excess of the maximum forfeiture legally allowable for the offense. 
 (Ibid., 133, par. 19.) 
 
 An officer under a sentence of suspension for five years, with forfeiture of one- 
 quarter of his pay, applied to be allowed to receive his full pay for three months, 
 the forfeiture imposed by the sentence for these months to be satisfied in one sum 
 from the pay of the month next succeeding. Held that such action for which there 
 was no precedent would have to be taken, if at all, by way of mitigation, but that 
 the same would amount to a postponement of the execution (of a. part) of the sentence, 
 which would not be legitimate mitigation. (Compare paragraph 951, Army Kegula 1 
 tions of 1895.) (Ibid., 132, par. 20.) 
 
 aSeo opinion of Judge- Advocate-General published in G. 0. 71, War Department, 
 1875 ; 1 Opiii. Att. Gen., 327 ; 4 ibid., 444. (It may be noted that these early opinions 
 of the Attorney- General inaccurately describe the substitution of a lesser punish- 
 ment for a death sentence as a mitigation, the proceeding being properly commu- 
 tation.) 
 
 & The counter opinion of the Attorney-General, in 19 Opins., 106, was not adopted 
 by the Secretary of War or followed in practice, as is shown by the terms of para- 
 graph 1044, Army Regulations [1889]. 
 
 c See 6 Opin. Att. Gen., 715. 
 
508 THE MILITARY LAWS OF THE UNITED STATES. 
 
 in his behalf, be entitled to a copy of the proceedings and 
 sentence of such court. 1 One hundred and fourteenth Article 
 of War. 
 
 REGIMENTAL COURTS-MARTIAL. 
 
 couVtlnSniai* 1 1323. Every officer commanding a regiment or corps 
 July?? 1862* c sna11 ? subject to the provisions of article eighty, be compe- 
 
 201, s. 7, V. 12, p. tent to appoint, for his own regiment or corps, courts- 
 martial, consisting of three officers, to try offenses not 
 capital. 2 Eighty-first Article of War. 
 
 1 A copy of the proceedings and sentence can not properly be furnished under this 
 article till the same have been finally acted upon and such action has been promul- 
 gated in the usual manner. (Dig. Opin. J. A. Gen., 133, par. 1.) 
 
 A person applying for the copy " in behalf " of the accused should exhibit some 
 satisfactory evidence that he duly represents the accused as his agent, attorney, or 
 otherwise. Where it does not satisfactorily appear that the party is applying for 
 and on behalf of the accused he can not be furnished with the copy as of right under 
 the article. A person other than the accused applying on his own account is not 
 entitled to the copy. The fact that the applicant is a member of the family of the 
 accused does not entitle him to the copy in the absence of evidence that he applies at 
 the instance or in behalf of the accused. A party applying in behalf of ' ' friends and 
 creditors " of the accused, held not entitled to a copy of the record of his trial. So 
 held of one who subscribed his application merely as " attorney at law," without 
 showing that he was authorized to act for theaccused, (Ibid., 134, par. 2.) 
 
 Applications for copies under this article may be, and in practice commonly are, 
 addressed in the first instance to the Judge-Advocate-General, who thereupon 
 furnishes the copy, certified by him as correct, at the expense of the United States, 
 provided the application is made by the accused or in his behalf. If not, he can 
 furnish the copy only by the special authority of the Secretary of War. Any per- 
 son desiring a copy of the record of a court-martial, or of any portion of a record, 
 who is not entitled to be furnished with the same by the terms of this article, should 
 apply therefor to the Secretary of War, stating the reason for his application, in 
 order that it may appear that he makes the same in good faith and for a proper 
 
 Surpose. If the application is approved by the Secretary, it will be referred to the 
 udge-Advocate-General, who will then have the copy prepared and transmitted. 
 (Ibid., par. 3.) 
 
 The accused or other person entitled under this article to be furnished with a 
 copy of a record of trial is not entitled to be furnished with a copy of a report of 
 the Judge- Advocate-General made upon the case. To receive this special authority 
 must be obtained from the Secretary of War. (Ibid., par. 4.) 
 
 The furnishing of a copy of a record of a general court-martial to a person other 
 than the accused and not applying in his behalf will, as a general rule, be author- 
 ized by the Secretary of War where the application is evidently made in the interest 
 of justice and the copy furnished will clearly subserve a good and desirable pur- 
 pose. But this must be made certainly to appear. (Ibid., 135, par. 5.) 
 
 It is only a party " tried by a general court-martial" who is entitled by the ar- 
 ticle to the copy. Parties desiring copies of records of courts of inquiry, for use 
 in evidence under article 121, or for other purpose, must apply to the Secretary 
 of War. Such copies, however, are rarely accorded, except for use under article 121. 
 (Ibid , par. 6.) 
 
 This article does not authorize the furnishing of a copy of the record of trial to 
 the widow of the accused or other person applying after his decease. (Ibid., par. 7.) 
 
 The "proceedings and sentence" of the court, with a copy of which the accused 
 is entitled to be furnished under this article, does not include the action of the re- 
 viewing authority as indorsed upon or attached to the record of trial, and it is not 
 the usage to include this in the copy. (Ibid., par. 8.) 
 
 3 Held that the Chief of Engineers was authorized to order a court under this 
 article for the trial of soldiers of the engineer battalion ; the same, in connection 
 with the engineer officers of the Army, being deemed, in view of sections 1094, 1151, 
 1154, etc., of the Revised Statutes, to constitute a "corps" in the sense of the article. 
 So held that the Chief of Ordnance was authorized to convene such a court for the 
 trial of the enlisted men authorized by section 1162, Revised Statutes, to be enlisted 
 by him; the same being deemed to constitute, with the ordnance officers, such a 
 separate and distinct branch of the military establishment as to come within the 
 general designation of "corps" employed in the article So held that the Chief 
 Signal Officer, under the provisions of the acts of July 24, 1876, June 20, 1878, etc., 
 relating to his branch of the service, was authorized to order courts-martial, as com- 
 manding a "corps" in the sense of this article. (Dig. Opin J. A. Gen. .92, par. 1.) 
 
 It is not necessary that an order convening a court under this (or the next) article, 
 in time of war, should state in terms that it is not practicable to detail a field officer 
 under article 80. It is good practice, however, and not unusual, to add a statement 
 to this effect. (Ibid., 93, par. 2.) 
 
 Under paragraph 898, Army Regulations of 1861, it devolved upon a department 
 commander to supervise the proceedings of regimental and garrison courts martial 
 transmitted to his headquarters, and if ho discovered any material error, defect, or 
 omission in a record or in the action taken in the case by the inferior commander, 
 to return the proceedings to the latter, calling his attention to the correction deemed 
 proper to be made. (This paragraph is not contained in the regulations of 1889 
 or 1895.) (Ibid., par. 3.) See, also, MANUAL FOB COURTS-MARTIAL, p. 82. 
 
THE MILITARY LAWS OF THE UNITED STATES. 509 
 
 1324. Any soldier who thinks himself wronged by any Redress of 
 officer may complain to the commanding officer of his regi- soAruwar. 
 ment, who shall summon a regimental court-martial for the 
 
 doing of justice to the complainant. Either party may 
 appeal from such regimental court-martial to a general 
 court- martial 5 but if, upon such second hearing, the appeal 
 appears to be groundless and vexatious, the party appeal- 
 ing shall be punished at the discretion of said general 
 court-martial. 1 Thirtieth Article of War. 
 
 FIELD OFFICERS' COURTS. 
 
 1325. In time of war a field-officer may be detailed in Fie id officers' 
 every regiment, to try soldiers thereof for offenses not cap- c Juiy 17,1862, c. 
 ital 5 and no soldier, serving with his regiment, shall be59s'. s< 
 
 tried by a regimental 2 garrison court-martial when a field- 
 officer of his regiment may be so detailed. 3 Eightieth Article 
 of War. 
 
 1 This article is not inconsistent with article 83, which prohibits regimental courts 
 from trying commissioned officers. It does not contemplate or provide for a trial 
 of an officer as an accused, but simply an investigation and adjustment of some 
 matter in dispute as for example, a question of accountability for public property, 
 of right to pay or to an allowance, of relief from a stoppage, etc. The regimental 
 court does not really act as a court, but as a board, and the "appeal" authorized is 
 practically from one board to another, (a) But though the regimental court has no 
 power to find "guilty" or "not guilty," or to sentence, it should come to some 
 definite opinion or conclusion, one sufficiently specific to allow of Us being intelli- 
 gently reviewed by the general court, if desired. (6) (Dig. Opiu. J. A. Gen., 35, par. 1.) 
 
 The proceeding under this article, not being a trial, is not affected by the limita- 
 tion of the one hundred and third article. Due diligence, however, should be exer- 
 cised in presenting the complaint, and a delay in a certain case to do so for three 
 years (not satisfactorily explained), held wholly unreasonable and properly treated 
 by the court as seriously prejudicing the complaint. (Ibid., par. 2.) 
 
 The authority to summon a regimental court under this article is vested in terms 
 in the regimental commander. A department or other superior commander can not 
 properly exercise such authority, nor will his order add to the validity or effect of 
 the proceeding. (Ibid., par. 3.) 
 
 The court can not take cognizance of a complaint against an officer no longer in 
 the service. So, where a company commander, having entered on the pay rolls an 
 unauthorized stoppage against a soldier, had resigned, and the same stoppage was 
 thereupon continued by his successor, held that the complaint should be presented 
 against the latter. (Ibid., par. 4.) 
 
 Where the alleged wrong was charged upon certain officers' servants, and it did 
 not appear that their acts were authorized or sanctioned by the officers who em- 
 ployed them, held that the complaint was not one which could be taken cognizance 
 of under this article. (Ibid., par. 5.) 
 
 There are two manifest and unqualified limitations to the province of the regi- 
 mental court under this article, viz: (1) It can not usurp the place of a court or in- 
 quiry ; (2) it can take no cognizance of matters which it would be beyond the power 
 of the regimental commander to redress. When the matter is beyond the reach of 
 this commander, it is beyond the jurisdiction of this court. If it involve a question 
 of irregular details, excessive work or duty, wrongful stoppages of pay, or the like, 
 a regimental court under this article may be resorted to for the correction of the 
 wrong. Otherwise when the case is one of a wrong such as can be righted only by 
 the punishment of the officer. (Ibid., 36, par. 6.) 
 
 See also note to Thirtieth Article of War. 
 
 2 The word "or" omitted from the roll. 
 
 3 While the original statute (act of July 17, 1862, chap. 201, sec. 7) providing for field 
 officers' courts was open to the construction of authorizing these courts at all times, 
 whether in war or in peace, and was quite generally regarded as so authorizing the 
 same, the law as reenacted in the present article, in the Code of 1874, expressly lim- 
 its the detailing of field officers as courts to " time of war." The field officer's court 
 thus became unauthorized from and after June 22, 1874, the date on which the present 
 article took effect as part of the Ee vised Statutes. The article substitutes the field 
 officer's court for the regimental or garrison court in time of war, in all cases arising 
 in a regiment for the trial of which it is practicable to detail a field officer of the 
 regiment. (Dig. J. A. Gen., 90, par. 1.) 
 
 The field officer will properly be detailed by the colonel or commanding officer of 
 the regiment, wherever there is a field officer (other than such commander) on duty 
 
 a See Macomb, sees. 193, 194 ; G. 0. 13, War Department, 1843 ; 1 Opin. Att. Gen., 167. 
 b See MANUAL FOE COURTS-MARTIAL, p. 89, note. - 
 
 iBRAf 
 
 OP THE 
 
 TTNIVERSITY 
 
510 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Confirmation 1326. No sentence adjudged by a field-officer, detailed to 
 
 of sentences. . , . ' 
 
 juiy IT, 1862, c. try soldiers of his regiment, shall be carried into execution 
 
 201, s'. 7, v. 12, p. J , . , , , . , 
 
 598; July 27, 1892, until the same shall have been approved by the brigade com- 
 v 'iio p Art. war. mander, or, in case there be no brigade commander, by the 
 
 commanding officer of the post or camp. Act of July 27, 
 
 1892 (27 Stat. L., 278). 
 
 GARRISON COURTS-MARTIAL. 
 
 Garrison 1327. Every officer commanding a garrison, fort, or other 
 
 courts martial. . *f ... 
 
 juiy 17, 1862, c. place, where the troops consist of different corps, shall, 
 
 598 -Feb.Is, 1875,' subject to the provisions of article [ninety-five,] [eighty] be 
 
 c> 82 Irtf'^ar! 8 ' competent to appoint, for such garrison or other place, 
 
 courts-martial, consisting of three officers, to try offenses 
 
 not capital. 1 Eighty-second Article of War. 
 
 with it. In practice the major has generally been so detailed. Where there is 
 present with the regiment but a single field officer, who is also the officer in command, 
 such officer can not properly detail himself as a court; the detail in such cases 
 should therefore be made by the next higher commander, as the brigade, division, 
 or post commander in whose command the regiment is included. (Ibid., par. 2.) 
 
 It is not necessary that an order convening a court under the eighty -first or the 
 eighty-second article, in time of war, should state in terms that it is not practicable 
 to detail a field officer under article 80. It is good practice, however, and not unusual, 
 to add a statement to this effect. (Ibid , 93, par. 2.) 
 
 The following commanders held not authorized to convene a field officer's court: 
 A post commander whose command does not include a regiment; a commanding 
 officer of a battalion; a commander of a draft rendezvous. (Ibid., 90, par. 2.) 
 
 Only a field officer of a regiment can be detailed. A captain assigned to duty with 
 his regiment, according to his brevet rank of major, is a field officer for the time, and 
 may be detailed. A post commander can not be detailed as such. An ordnance 
 officer (of field officer's rank) commanding a detachment at an arsenal can not be 
 detailed. (Ibid., 91, par. 3.) 
 
 Where a regiment, in time of war, contains no field officer eligible for the detail, a 
 regimental or garrison court must be resorted to. (Ibid., par. 4.) 
 
 The field officer has jurisdiction only to try soldiers of his regiment. His juris- 
 diction is coextensive with the regiment, and attaches generally, although the regi- 
 ment for purposes of service is separated into portions, provided all the portions 
 are under the command of the convening officer. But it does not extend to a com- 
 pany or portion of the regiment on detached service in a separate and distinct 
 command. (Ibid., par. 5.) 
 
 A field officer detailed as a court is not required to be sworn as such. (Ibid., par. 6.) 
 
 The accused is not entitled to challenge the field officer. (Ibid., 92, par. 9.) 
 
 The whole duty of the court is, in practice, performed by the field officer. Xo 
 judge-advocate or recorder is required to be, or has been, employed. The field officer 
 prepares his own record. (Ibid., par. 7.) See, also, MANUAL FOR COURTS-MARTIAL, 
 pp. 80, 81. 
 
 The proceedings of the field officer are intended to be summary in their character, a 
 
 1 It is not essential that the "officer commanding" should be of the rank of field 
 officer. A commanding officer, though a captain or lieutenant, may convene a court- 
 martial nnder this article, provided he has the required command. (Dig. Opin. J. A. 
 Gen., 93, par. 1.) 
 
 A commanding officer is not authorized to detail himself, with two other officers, 
 as a court under this (or the preceding) article. An "acting assistant surgeon,' not 
 being an officer of the Army, can not be detailed on such court. (Ibid., par. 2.) 
 
 The general term "other place" is deemed to be intended to cover and include 
 any situation or locality whatever post, station, camp, halting place, etc. at which 
 there may remain or be, however temporarily, a separate command or detachment in 
 which different corps of the Army are represented, as indicated in the next para- 
 graph. If such command, so situated, contains three officers, other than the com- 
 mander, available for service on court-martial, the commander will be competent to 
 exercise the authority conferred by this article. (Ibid., par. 3.) 
 
 Held, in view of the early orders'( b) relating to the subject and of the practice there- 
 under, that the presence on duty with a garrison, detachment, or other separate com- 
 mand, at a fort, arsenal, or other post or place, and as a part of such command, of a 
 single representative, officer or soldier, of a corps, arm, or branch of the service other 
 than that of which the bulk of the command is composed as an officer of the quarter- 
 master, subsistence, or medical department, a chaplain, an ordnance sergeant or hos- 
 pital steward, an officer or soldier of artillery where the command consists of infantry 
 or cavalry, or vice versa, etc. might be deemed sufficient to fix upon the command 
 the character of one "where the troops consist of different corps," in the sense of 
 this article, and to empower the commanding officer to order a court-martial under 
 
 a For form of record, see MANUAL FOR COURTS-MARTIAL, p. 133. 
 b The original order is G. O. 5, Headquarters of Army, 1843. And see the law as 
 announced later in G. 0. 13, Fourth Military District, 1867. 
 
THE MILITARY LAWS OF THE UNITED STATES. 511 
 
 1328. Regimental and garrison courts-martial, and field- ^"p^urta" of 
 officers detailed to try offenders, shall not have power to 20 f U s ly 7 ": 18 1 | 2 'J- 
 try capital cases or commissioned officers, or to inflict a 598*. 
 
 80 Art. War. 
 
 fine exceeding one month's pay, or to imprison or put to 
 hard labor any non-commissioned officer or soldier for a 
 longer time than one month. 1 Eighty-third Article of War. 
 
 THE SUMMARY COURT. 
 
 1329. That hereafter in time of peace all enlisted men m 
 
 COUI8 
 
 charged with offenses now cognizable by a garrison or reg- ^ c r val of 8en " 
 
 imental court-martial shall, within twenty-four hours from 26 0ci '^ 1890 ' v - 
 
 the time of their arrest, be brought before a summary court, 
 
 which shall consist of the line officers second in rank at the 
 
 post or station or of the command of the alleged offender, 
 
 and at stations where only officers of the staff are on duty 
 
 the officers second in rank shall constitute such court, composition. 
 
 who shall have power to administer oaths and to hear and 
 
 determine the case, and when satisfied of the guilt of the 
 
 accused party adjudge the punishment to be inflicted. 
 
 There shall be a summary court record-book or docket 
 
 kept at each military post, and in the field at the head- 
 
 quarters of the command, in which shall be entered a 
 
 the same. The presence, however, with the command, of a civil employee of the 
 
 Army (as an " acting assistant surgeon ") could have no such effect. (Ibid., 94, par. 4.) 
 
 Where, after a garrison court had tried the cases referred to it, but before its pro- 
 
 ceedings had been acted upon, the command of the post was devolved upon the officer 
 
 act upon the proceedings; the case not being one in which the action of the depart- 
 ment or other higher commander was required by the one hundred and ninth article 
 of war. (Ibid., par. 5.) See, also, MANUAL FOR COURTS-MARTIAL, pp. 81,82. 
 
 'Under this article, field officers' courts are invested with the same jurisdiction 
 and power of punishment as regimental and garrison courts. (Ibid., p. 94, par. 1.) 
 
 Capital offenses (i. e., offenses capitally punishable), not being within the jurisdic- 
 tion of inferior courts, such courts can not take cognizance of acts specifically made 
 punishable by article 21, however slight be the offenses actuallv committed, (a) 
 (Ibid., 94, par. 2.) 
 
 A sentence forfeiting pecuniary allowances in addition to pay, where the entire 
 forfeiture amounted to a sum greater than one month's pay, held not authorized under 
 this article. (Ibid., 95, par. 3.) 
 
 A sentence, adjudged by a garrison court, of confinement "till the expiration of 
 the term of service of a soldier, held unauthorized unless the soldier had no more 
 than one month left to serve. (Ibid., par. 4.) 
 
 The limitation of the authority of inferior courts in regard to sentences of impris- 
 onment and fine, held not to preclude the imposition by them of other punishments 
 sanctioned by the usage of the service; such, for example, as reduction to the ranks, 
 either alone or in connection with those or one of those expressly mentioned. (Ibid., 
 par. 5.) 
 
 The limitations imposed by the article have reference, of course, to single sentences. 
 For distinct offenses made the subject of different trials, resulting in separate 
 sentences, a soldier may be placed at one and the same time under several penalties 
 of forfeiture and imprisonment, or either, exceeding together the" limit affixed by the 
 article for a single sentence. (6) (Ibid., par. 6.) 
 
 While inferior courts have, equally with general courts, jurisdiction of all military 
 offenses not capital, yet, in view of the limitations upon their authority to sentence, 
 it is in general inexpedient to resort to them forthe trial of the graver offenses, such 
 as larcenies, aggravated acts of drunkenness, protracted absences without leave, 
 etc., a proper and adequate punishment for which would be beyond the power of 
 such tribunals. So, as a reviewing officer is never authorized to add to the punish- 
 ment imposed by any court-martial, the more serious offenses should, where practi- 
 cable, be referred for trial to general courts, which alone are vested with a full discre- 
 tion to impose punishment in proportion to the gravity of the offense. (Ibid., par. 7.) 
 
 a G. 0. 21, Headquarters of Army, 1858. And see G. 0. 18, War Department, 1859 ; 
 G. 0. 9, Department of Utah, 1858, where the proceedings of garrison. courts, in cases 
 of capital offenses are pronounced void. 
 
 b See G. 0. 18, War Department, 1859. 
 
512 THE MILITARY LAWS OF THE UNITED STATES. 
 
 record of all cases heard and determined and the action 
 had thereon, and no sentence adjudged by said summary 
 court shall be executed until it shall have been approved 
 by the post or other commander. 1 Act of October 1, 1890 
 (26 Stat. L., 648). 
 
 i The act of October 1, 1890, c. 1259 (26 Slat. L., 648), substituted the summary court 
 for the regimental or garrison court, iu time of peace, much as the act of July 17, 
 1862, substituted for the latter court the field officer's court in time of war. (Dig. 
 Opin. J. A. Gen., 724, par. 1.) For authority to remit or mitigate sentences, not con- 
 ferred by this statute, see sec. 5 of the act of July 27, 1892 (27 Stat. L., 277), paragraph 
 1330, post. See also for procedure, etc., MANUAL FOR COORTS-MAKTIAL, pp. 75-80. 
 
 The effect of the provisions of the act as to the personnel of the court held to be that 
 when " the line officer second in rank at the post," etc., is the " accuser" in a case, 
 the case shall be tried (not by either the post commander or a garrison or regimental 
 court, but) by the post commander (unless the accused claim a trial by such court, 
 etc.), and that when the post commander is the accuser the case shall be tried by a 
 garrison or regimental court. This construction accords with the oh.ject of the 
 statute, which is to substitute as far as possible the summary for the other inferior 
 courts. Thus a garrison court (unless specially "requested") is not legal where 
 under the act the post commander can officiate as the summary court. (Ibid., 725, 
 par. 2.) 
 
 "Where a post commander sits as a summary court no approval of the sentence is 
 required by law, but he should sign the sentence and date his signature, (a) A cer- 
 tification by the post adjutant is unnecessary and irregular and should not be 
 permitted. (Ibid., par. 3.) 
 
 A staff officer as a surgeon can not legally act as the summary court at a post of 
 which the commander belongs to the line. (Ibid., par. 4.) 
 
 Held that the passed assistant surgeon of the Navy on duty at the Army and Navy 
 General Hospital at Hot Springs, Ark., though the second officer in rank at that 
 post, could not legally sit as a summary court under the act of 1890, which author- 
 izes only an officer of the Army to officiate as such. (Ibid., par. 5.) 
 
 The surgeon of the Army commanding the Army and Navy General Hospital at 
 Hot Springs, Ark., has a mixed command, consisting of " different corps " in the 
 sense of article 82, and would be authorized to convene garrison courts if, in view of 
 the provisions of the summary court act, there could be summary courts legally 
 ordered at that post. But no summary court cau be ordered at such post unless 
 there is on duty there a line officer who is also second in rank of the officers there 
 stationed. If the second in rank on duty there is a medical officer, and there be also 
 on duty a line officer or line officers, there can bo no summary court legally convened 
 at the post. Such a court convened by such surgeon would not be a legal couit 
 because the station would not be one wnere " only officers of the staff are on duty." 
 Where a summary court can notlegally be ordered, a garrison court can not be resorted 
 to. (Ibid., par. 6.) 
 
 Where the officer second in relative rank at an ordnance post is an ordnance store- 
 keeper, he should act as the summary court. If, in the absence of the regular post 
 commander, he becomes post commander, and there is no other officer of inferior 
 rank at the post, the storekeeper will legally act as the court. (Ibid., 726, par. 7.) 
 
 The provision of the act that accused soldiers shall be brought before the summary 
 court for trial "within twenty-four hours from the time of their arrest" is not a 
 statute of limitations nor jurisdictional in its character, but directory only direc- 
 tory upon the officers whose duty it is to bring offenders before the court. The pro- 
 ceedings will thus be legally valid though the accused does not appear for trial 
 within the period specified. So held, in a case of an accused soldier arrested on 
 Saturday, that the court did not, by not sitting on Sunday, lose jurisdiction; and 
 therefore that it is not necessary that a summary court should ever sit on a Sun- 
 day, (b) (Ibid., par. 10.) 
 
 The provision in the act in regard to the trial being had with; twenty -four hours 
 of the arrest being directory only, a trial held after that time is entirely valid. Thus, 
 where a soldier, by reason of drunkenness or otherwise, is not in a condition to be 
 tried within that time, his trial may be postponed till he is in such condition. (Ibid., 
 727, par. 11.) 
 
 Held that the provision of the ninety-fourth article of war relating to the hours 
 of session of courts-martial was not applicable to summary courts. (Ibid., par. 12.) 
 
 The procedure of the summary court should be similar 1 to that of the older courts- 
 martial. The charges and specifications should be read to the accused, and he be 
 required to plead guilty or not guilty, and the witnesses should be sworn. But the 
 testimony is not set forth in the record, (c) (Ibid., par. 13.) 
 
 The act of 1890, in providing that the trial officer "shall have power to administer 
 oaths," has reference to the oaths of witnesses. The officer himself is not sworn. 
 But the witnesses must be sworn ; and, in a case in which it appeared that they were 
 not in fact sworn, held, that the proceedings and sentence were invalidated, and that 
 a forfeiture imposed was illegally charged against the accused, who should be cred- 
 ited with the amount of the same on the next muster and pay roll. But the record 
 need not state in terms that the witnesses were sworn; it will be presumed that the 
 law has been complied with unless the contrary appears. (Ibid., par. 14.) 
 
 A summary court is not empowered to issue process of attachment to compel the 
 attendance of a civilian witness. (Ibid., par. 15.) 
 
 For a summary court to impose a forfeiture of $10, when the soldier is receiving 
 
 a Published in G. 0. 47 of 1894. 
 
 b See circular No. 2 (fl. Q. A.), 1891 ; do. of 1892. 
 
 c As to the procedure and form of record of summary courts, see G. O. 47 of 1894; 
 also circular No. 9 (H. Q. A.), 1894. See also the Manual for Courts-Martial, pp. 26, 
 75-80, J09, 131, and 132. 
 
THE MILITARY LAWS OF THE UNITED STATES. 513 
 
 1330. That tlie commanding officers authorized to approve Power to remit 
 
 or mitigate sen- 
 
 the sentences of summary courts shall have the power to tences. 
 
 Sec. 5, July 27, 
 
 remit or mitigate the same. Sec. 5, act of July 27, 1892 (27 1892, v. 27, P . 277. 
 Stat. L., 277). 
 
 1331. That when but one commissioned officer is present Trials bycom- 
 
 e * maiming officer. 
 
 with a command he shall hear and finally determine such 
 cases as require summary action. Act of October 1, 1890 
 (26 Stat. L., 648). 
 
 1332. That any enlisted man charged with an offense and m ^ y l 
 brought before such summary court may, if he so desires, court-martial. 
 object to a hearing and determination of his case by such 
 
 court and request a trial by court-martial, which request 
 shall be granted as of right, and when the court is the 
 accuser the case shall be heard and determined by the 
 post-commander, or by regimental or garrison court-martial. 
 IMd. 
 
 1333. That post and other commanders shall, on the last J 
 day of each month, make a report to the department head- Ibid - 
 quarters of the number of cases determined by summary 
 court during the month, setting forth the offenses com- 
 mitted and the penalties awarded, which reports shall be 
 filed in the office of the judge-advocate of the department. 
 Ibid. 
 
 LIMIT OF PUNISHMENT. 
 
 1334. That whenever by any of the Articles of War f 
 the government of the Army the punishment on conviction pu ^p 
 of any military offense is left to the discretion of the court- 26> P- 49L 
 martial the punishment therefor shall not, in time of peace, 
 be in excess of a limit which the President may prescribe. 1 
 Act of September 27, 1890 (26 Stat. L., 491). 
 
 That the President be, and he hereby is, authorized to 
 prescribe specific penalties for such minor offenses as IW 
 now brought before garrison and regimental courts-martial- 26 Oci Q^ 1890 ' v - 
 Act of October 1, 1890 (26 Stat. L., 648). 
 
 only $9 a month because of the retention of $4 under the act of June 16, 1890, is not 
 in excess of authority. The true monthly pay is $13. The retention does not affect 
 the amount of the pay, but. simply the time of payment. (Ibid,, par. 17.) 
 
 A summary court is not empowered to impose a sentence of dishonorable dis- 
 charge. Such punishment is not in terms authorized by article 83 to be adjudged 
 by regimental or garrison courts, and it is impliedly restricted to general courts by 
 the fourth article of war. (Ibid., 728, par. 19.) 
 
 By the act of July 27. 1892 (chap. 272, sec. 5), "commanding officers authorized to 
 approve the sentences of summary courts " are empowered to " remit or mitigate the 
 same." Held that where a soldier, who had been convicted by a summary court, had 
 passed into another command, so tliat the officer who approved his sentence was no 
 longer his commanding officer, such officer could not legally exercise the power of 
 remission or mitigation of the sentence. (Ibid., par. 20.) 
 
 'Under the authority conferred by this statute, two Executive orders have been 
 issued prescribing limits of punishment for offenses to which specific penalties are 
 not attached in the Articles of War. See General Order No. 21, A. G. O. of 1891, as 
 amended by the Executive order of March 20, 1895 (MANUAL FOE COURTS-MABTIAL, 
 pp. 53-63). 
 
 1919 - 33 
 
514 THE MILITARY LAWS OF THE UNITED STATES. 
 
 TWICE IN JEOPARDY. 
 
 NO person tried 1335. Ko person shall be tried a second time for the same 
 rice me, ^^g^i Q ne j mn dred an d second Article of War. 
 
 102 Art. War. 
 
 1 The Constitution (Article Y of the amendments) declares that " no person shall 
 be subjected, for the same offense, to be twice put in jeopardy of life or limb.'' The 
 United States courts, in treating the term ' ' put in jeopardy ' ' as meaning practically 
 tried, hold that the "jeopardy" indicated "can be interpreted to mean nothing 
 short of the acquittal or conviction of the prisoner and the judgment of the court 
 thereon. "(a) So, held that the term "tried," employed in this article, meant duly 
 prosecuted, before a court-martial, to a final conviction or acquittal; and, therefore, 
 - that an officer or soldier, after having been duly convicted or acquitted by such a 
 court, could not be subjected to a second military trial for the same offense except 
 by and upon his own waiver and consent. For, that the accused may waive objec- 
 tion to a second trial was held by Attorney-General Wirt in 1818, (b) and has since 
 been resarded as settled law. (Dig. Opin. J. A. Gen., 118, par. 1.) 
 
 "Where an officer or soldier has been duly acquitted or convicted of a specific of- 
 fense he can not, against his consent, be brought to trial for a minor offense included 
 therein, and an acquittal or conviction of which was necessarily involved in the 
 finding upon the original charge. Thus, a party convicted or acquitted of a desertion 
 can not afterwards be brought to trial for an absence without leave committed in 
 and by the same act. (Ibid., par. 2.) 
 
 Held that there was no "second" trial, in the sense of the article, in the following 
 cases, viz: "Where the party, after being arraigned or tried before a court which was 
 illegally constituted or composed, or was without jurisdiction, was again brought to 
 trial before a competent tribunal; where the accused, having been arraigned upon 
 and having pleaded to certain charges, was rearraigned upon a new set of charges 
 substituted for the others, which were withdrawn ; where one of several distinct 
 charges upon which the accused had been arraigned was withdrawn pending the 
 trial, and the accused, after a trial and finding by the court upon the other charges, 
 was brought to trial anew upon the charge thus withdrawn; where, after pro- 
 ceedings commenced, but discontinued without a finding, the accused was brought 
 to trial anew upon the same charge; where, after having been acquitted or con- 
 victed upon a certain charge which did not in fact state the real offense committed, 
 the accused was brought to trial for the same act, but upon a charge setting forth 
 the true offense ; where the accused was brought to trial after having had his case 
 fully investigated by a different court, which, however, failed to agree in a finding 
 and was consequently dissolved; (c) where the first court was dissolved because 
 reduced below five members by the casualties of the service pending the trial ; 
 where, for any cause, there was a "mistrial," or the trial first entered upon was 
 terminated, or the court dissolved, at any stage of the proceedings before affinal 
 acquittal or conviction. (Ibid. : par. 3.) 
 
 "Where an officer or soldier, having been acquitted or convicted of a criminal 
 offense by a civil court, is brought to trial by a court-martial for a military offense 
 involved in his criminal act, he can not plead " a former trial," in the sense of this 
 article. So, where the trial for the military offense has preceded, he can not plead 
 autrefois acquit or convict to an indictment for the civil crime committed in and by 
 the same act. (d) (Ibid., 119, par. 4.) 
 
 Where the accused has been once duly convicted or acquitted, he has been " tried" 
 in the sense of the article, and can not be tried again against his will, though no 
 action whatever be taken upon the proceedings by the reviewing authority, or 
 though the proceedings, findings (and sentence, if any, ) be wholly disapproved by 
 him. (e) It is immaterial whether the former conviction or acquittal is approved or 
 disapproved. (Ibid., par. 5.) 
 
 That an accused has been, in the opinion of the reviewing authority, inadequately 
 sentenced, either by a general or an inferior court, can not except his case from the 
 application of this article; though insufficiently punished, he can not be tried again 
 for the same offense. (Ibid., 120, par. 6.) 
 
 Where an officer, who had killed a superior officer in an altercation at a military 
 post, was brought to trial before a civil court on a charge ot murder and acquitted, 
 and was subsequently arraigned before a court martial for the offense against mili- 
 tary discipline involved in nis criminal act, held that a plea of former trial inter- 
 posed by him was properly overruled by the court. (Ibid., par. 7.) 
 
 A soldier was convicted of "manslaughter," but the findings and sentence were 
 disapproved. He was then brought to trial on a charge of mutiny, as committed on 
 the occasion of the homicide, the latter being alluded to in the specification as an 
 incidental circumstance of aggravation, and was found guilty and sentenced. Held 
 that the accused was not, in the sense of this article, "tried a second time for the 
 same offense," the mutiny not consisting in the act of homicide, but constituting a 
 distinct offense. (Ibid., par. 8.) 
 
 There can not, in view of this article, be a second trial where the offense is really 
 the same, though it may be charged under a different description and under a differ- 
 ent article of war. Thus, where the Government elects to try a soldier under the 
 thirty-second article for "absence without leave," or under the forty second for 
 'lying out of quarters," and the testimony introduced develops the fact that the 
 offense was desertion, the accused, after an acquittal or conviction, can not legally 
 be brought a second time to trial for the same absence charged as a desertion. (Ibid., 
 
 a U. S. v. Haskell, 4 Wash. C. C., 409. And see U. S. v. Shoemaker, 2 McLean 114; 
 TJ. S. v. Gilbert, 2 Sumnor, 19; U. S. v. Perez, 9 Wheaton, 579 ; 1 Opin. Att. Gen., 294. 
 6 1 Opin. Att. Gen., 233. And see also 6 ibid., 205. 
 c See U. S. v. Perez, 9 Wheat., 579 
 dSee 6 Opin. Att. Gen., 413, 506. 
 e Compare Macomb, section 159 ; O'Brien, 277 ; Rules for Bombay Army, 45. 
 
THE MILITARY LAWS OF THE UNITED STATES. 515 
 
 STATUTES OF LIMITATION. 
 
 1336. No person shall be liable to be tried and punished .imitation on 
 
 * time of prosecu- 
 
 by a general court-martial for any offense which appears tion^ ^ 
 to have been committed more than two years before the 
 issuing of the order for such trial, unless, by reason of 
 having absented himself, or of some other manifest impedi- 
 ment, he shall not have been amenable to justice within 
 that period. 1 One hundred and third Article of War. 
 
 J The statute of limitation (103d A. W.) is not prohibitory as to jurisdiction, but 
 properly a matter of defense, which to become effective should be pleaded and proved. 
 By pleading to ihe general issue the accused waives his right to plead the limitation, 
 but the limitation may still be taken advantage of by evidence showing that it has 
 taken effect. See MANUAL FOR COURTS-MARTIAL, p. 32. 
 
 The mere fact that the offense was concealed by the accused and remained un- 
 known to the military authorities for more than two years constitutes no "impedi- 
 ment" in the sense of the article. (Dig. Opin. J. A. Gen., 123, par. 5.) 
 
 It is quite clear that any person who takes himself out of the jurisdiction, with 
 the intention of avoiding being brought to justice for a particular offense, can have 
 no benefit of the limitation, at least when prosecuted for that offense in a court of 
 the United States. * * * A person fleeing from the justice of his country is not 
 supposed to have in mind the object of avoiding the process of a particular court, or 
 the question whether he is amenable to the justice of the nation or of the State, or 
 of both. Proof of a specific intent to avoid either could seldom be had, and to make 
 it an essential requisite would defeat the whole object of the provision in question. 
 Streep v. United States, 160 U. S., 128, United States v. Smith, 4 Day, 121, 125; Rob- 
 erts v. Reilly, 116 U. S., 80, 97. 
 
 A mere allegation in a specification to the effect that the whereabouts of the of- 
 fender was unknown to the military authorities during the interval of more than 
 two years which had elapsed since the offense is not a good averment of a 'manifest 
 impediment" in the sense of the article. (Dig. Opin. J. A. Gen. par 6.) 
 
 By the absence referred to in the original article, in the term* "unless by reason 
 of having absented himself," is believed to be intended not necessarily an absence 
 from the United States, but an absence by reason of a " fleeing from justice," analo- 
 gous to that specified in section 1045, Revised Statutes, which has been held to mean 
 leaving one's home, residence, or known abode within the district, or concealing 
 one's self therein, with intent to avoid detection or punishment for the offense 
 against the United States, (a) Thus held that, in a case other than desertion, it was 
 not essential for the prosecution to be prepared to prove that the accused had been 
 beyond the territorial jurisdiction of the United States in order to save the case from 
 the operation of the limitation. (Ibid., p. 125, par. 14.) 
 
 A court-martial, in a case of an offense other than desertion, sustained a plea of 
 the statute of limitations in bar of trial for the reason that the judge-advocate could 
 produce no evidence to show that the accused was not within the territorial jurisdic- 
 tion of the United States during his absence. Held that such showing was not 
 necessary, and that it was sufficient that the absence should be any unauthorized 
 absence from the military service whereby the absentee evades and for the time 
 escapes trial. This construction of the terin "absented himself" in the article cor- 
 responds to that placed on the words "fleeing from justice," as used in the statutes 
 of the United States to designate those whom the statutes of limitation for the pros- 
 ecution of crimes do not protect. (Ibid., par. 15.) 
 
 The liability to trial after discharge, imposed by the last clause of article 60, held 
 subject to the* limitation prescribed in article 103. (b) And so held as to the liability 
 to trial after the expiration of the term of enlistment, under article 48. (c) (Ibid. p. 
 124,par. 9.) 
 
 The prohibition of the article relates only to prosecutions before general courts- 
 martial ; it does not apply to trials by inferior courts. So, courts of inquiry may be 
 convened without regard to the period which has elapsed since the date or dates of 
 the act or acts to be investigated, (d) Nor does the rule of limitation apply to the 
 hearing of complaints by regimental courts under article 30. (Ibid., par. 10.) 
 
 In view of this article it is the duty of the Government to prosecute an offender 
 within a reasonable time after the commission of the offense. (Ibid., par. 11.) 
 
 The limitation is properly a matter of defense, to be specially pleaded and proved, (e) 
 By pleading the general issue the accused is assumed to waive the right to plead the 
 limitation by a special plea in bar; but under a plea of "not guilty" the limitation 
 may be taken advantage of by evidence showing that it has taken effect. (Ibid., 
 par. 12.) 
 
 aU. S. v. O'Brien, 2 Dillon, 381; U. S. v. White, 5 Cranch C. C., 38. 73; Gould & 
 Tucker, Notes on Revised Statutes, 349. 
 
 b 14 Opins. Att. Gen., 52. 
 
 c See, to a similar effect, 13 Opins. Att. Gen., 462; 15 ibid., 152; 16 ibid., 170; also In 
 re Bird, 2 Sawyer, 33. 
 
 d See 6 Opins. Att. Gen., 239. 
 
 eln re Bogart, 2 Sawyer, 397 ; In re White, 17 Fed. Rep., 723 ; In re Davison, 21 ibid., 
 618; In re Zimmerman, 30 ibid., 176; G. O. 22 of 1893. And compare U. S. v. 
 Cooke, 17 Wallace, 168. 
 
516 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Limitation on 1337, ]STo person shall be tried or punished by a court- 
 prosecutions tor 
 desertion in time martial for desertion in time of peace and not in the face 
 
 Apr.ii,i89o,v. of an enemy, committed more than two years before the 
 arraignment of such person for such offense, unless he 
 shall meanwhile have absented himself from the United 
 States, in which case the time of his absence shall be ex- 
 cluded in computing the period of the limitation : Provided, 
 That said limitation shall not begin until the end of the 
 term for which said person was mustered into the service. 
 Act of April 11, 1890 (26 Stat. L., 54}. 
 
 COURTS OF INQUIRY. 
 
 qiSy.^ 8 f in 1338< A court of inquiry, to examine into the nature of 
 us Art. war. all y transaction of, or accusation or imputation against, 
 any officer or soldier, may be ordered by the President or 
 by any commanding officer; but, as courts of inquiry 
 may be perverted to dishonorable purposes, and may 
 be employed, in the hands of weak and envious com- 
 mandants, as engines for the destruction of military merit, 
 they shall never be ordered by any commanding officer, 
 except upon a demand by the officer or soldier whose 
 conduct is to be inquired of. 1 One hundred and fifteenth 
 Article of War. 
 
 iifEt^war. 1339 ' A court of inquiry shall consist of one or more 
 officers, not exceeding three, and a recorder, to reduce the 
 
 1 This article authorizes the institution of a court of inquiry (a) only in a case of 
 an "officer or soldier," and the word "officer," as employed in the articles, is denned, 
 by section 1342, Revised Statutes, to mean commissioned officer. A court of inquiry 
 can not, therefore, be convened on the application or in a case of a person who is not 
 an officer (or soldier) of the Army at the time. Such a court can not be ordered to 
 investigate transactions of or charges against a party who, by dismissal, discharge, 
 resignation, etc., has become separated from the military service, although such 
 transactions or charges relate altogether to his acts er conduct while in the Army. 
 A court of inquiry can not be ordered in a case of an "acting assistant surgeon," 
 who is not an officer of the Army, but only a civil employee. (Dig. Opin. J. A. Gen., 
 
 135, par. 1.) 
 
 A court of inquiry should not in general be ordered by an inferior post or regi- 
 mentalcommander where the charges required to be investigated are not such as 
 an inferior court-martial could legally take cognizance of. Courts of inquiry con- 
 vened by such commanders are, however, of rare occurrence in our service. (Ibid., 
 
 136, par. 2.) 
 
 Though a court of inquiry has sometimes been compared to a grand .jury, there is 
 little substantial resemblance between the two bodies. The accused appears and 
 examines witnesses before such a court as treely as before a court-martial, (see article 
 118), and its proceedings are not required to be secret, but may be open at the discre- 
 tion of the court. (Ibid., par. 3.) 
 
 Although neither article 88 nor other provision of the code specifically authorizes 
 the challenging of the members of a court of inquiry, yet, in the interests of justice 
 and by the usage of the service in this country, this proceeding is permitted in the 
 same manner as before courts-martial. Article 117 requires that members of courts 
 of inquiry shall be sworn "well and truly to examine and inquire, according to the 
 evidence, without partiality, prejudice," etc.; and it is the sense of tlie service that 
 
 a A court of inquiry is not a court in the legal sense of the term, but rather a 
 council, commission, or board of investigation. It does not administer justire; no 
 plea or specific issue is presented to it for trial ; its proceedings are not a trial of 
 guilt or innocence; it does not come to a verdict or pass a sentence. For purposes 
 of investigation, however, a court of inquiry in this country is clothed with ample 
 powers, and, in an important case, its opinions may be scarcely less significant and 
 even final than that of a military court, proper, that is to say. a court-martial. (1 
 Winthrop'a Military Law and Precedents, chapter 24.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 517 
 
 proceedings and evidence to writing. One hundred and 
 sixteenth Article of War. 
 
 1340. The recorder of a court of inquiry shall administer oaths of mem- 
 
 bers and record- 
 to the members the following oath : "You shall well and er. 
 
 truly examine and inquire, according to the evidence, into 
 the matter now before you, without partiality, favor, affec- 
 tion, prejudice, or hope of reward: so help you God." After 
 which the president of the court shall administer to the 
 recorder the following oath: "You, A B, do swear that 
 you will, according to your best abilities, accurately and 
 impartially record the proceedings of the court and the 
 evidence to be given in the case in hearing : so help you 
 God." One hundred and seventeenth Article of War. 
 
 1341. A court of inquiry, and the recorder thereof, shall m ^ndaS?e 
 have the same power to summon and examine witnesses as wl M n a e r 88 3 8 ] 86 3 c 
 is given to courts- martial and the judge- advocates thereof. J^f'jUj/s^fS' 
 Such witnesses shall take the same oath which is taken by 0^9, 8.25,' v! 12, P '. 
 witnesses before courts martials, ( l ) and the party accused us Art. war. 
 shall be permitted to examine and cross-examine them, so 
 
 as fully to investigate the circumstances in question. One 
 hundred and eighteenth Article of War. 
 
 1342. A court of inquiry shall not give an opinion on the ^Pj 1 " 011 ' when 
 merits of the case inquired of unless specially ordered to * n Art. war. 
 do so. 2 One hundred and nineteenth Article of War. 
 
 their competency so to do should be liable to be tried by the same tests as in a case 
 of a court-martial, (a) (Ibid., par. 4.) 
 
 A court of inquiry has no power to punish as for a contempt. Such power of this 
 nature as is conferred by article 86 is restricted in terms to courts-martial. More- 
 over, a court of inquiry, not being in a proper sense a court, can not exercise the 
 strictly judicial function of punishing contempts, (b) (Ibid., 137, par. 5.) 
 
 J So in the roll. 
 
 2 An opinion given by a court of inquiry is not in the nature of a sentence or adju- 
 dication pronounced upon a trial. The accused, upon a subsequent trial by court- 
 martial, of charges investigated by a court of inquiry, can not plead the proceedings 
 or opinion of the latter as a former trial, acquittal, or conviction. (Dig. Opin. J. A. 
 Gen., 137, par. h) 
 
 While it is of course desirable that the members of a court of inquiry, directed to 
 express an opinion, should concur in their conclusions, they are not required to do 
 so by law or regulation, (c) The majority does not govern the minority, as in the 
 case of a finding or sentence by court-martial. If a member or a minority of mem- 
 bers can not conscientiously, and without a weak yielding of independent convic- 
 tions, agree with the majority, it is better that, such member or members should for- 
 mally disagree and present a separate report or reports accordingly. The very 
 
 a See Macomb, sec. 204 ; O'Brien, 292 ; De Hart, 278. In the joint resolution of Con- 
 gress of February 13, 1874, authorizing the President to convene a certain special court 
 of inquiry, it was "provided that the accused may be allowed the same right of chal- 
 lenge as allowed by law in trials by court-martial." It appears, however, to have 
 been regarded inthedebate on this resolution (see Congressional Record, vol. 2, Noa. 
 38, 40) that this provision was unnecessary to entitle the party to the privilege. 
 
 states the law (as to witnesses) in saying (Mil. and Mar. Law, 198) that a court of 
 inquiry "has no power to punish them for contumacy or silence." 
 
 cln the case of the court of inquiry (composed of seven general officers) on the 
 Cintra Convention, in 1808, the members who dissented from the majority were re- 
 quired by the convening authority to put on record their opinions, and three dissent- 
 ing opinions were accordingly given. A further instance, in which two of the five 
 members of the court gave each a separate dissenting opinion, is cited by Hough 
 (Precedents, 642). Mainly upon the authority of the former case, both Hough (Prece- 
 dents, 642) and Simmons (sec. 339) hold that members nonconcurring with the ma- 
 jority are entitled to have their opinions reported in the record. 
 
518 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Authentica- 1343. The proceedings of a court of inquiry must be 
 
 tion of proceed- 
 ings- authenticated by the signatures of the recorder and the 
 
 president thereof, and delivered to the commanding officer. 
 One hundred and twentieth Article of War. 
 Proceedings, 1344. The proceedings of a court of inquiry may be ad- 
 
 when used as ev- 
 idence, mitted as evidence by a court-martial, in cases not capital, 
 
 nor extending to the dismissal of an officer. Provided, 
 That the circumstances are such that oral testimony can 
 not be obtained. 1 One hundred and twenty -first Article of 
 War. 
 
 EVIDENCE. 
 
 Evidence to be 1345. All persons who give evidence before a court- 
 given underoath. , .. 
 
 92 Art. War. martial shall be examined on oath, or affirmation, in the 
 following form : "You swear (or affirm) that the evidence 
 you shall give, in the case now in hearing, shall be the 
 truth, the whole truth, and nothing but the truth. So help 
 you God." 2 Ninety -second Article of War. 
 
 disagreement, indeed, of intelligent minds is a material and important fact in the 
 case, and one of which the reviewing authority is entitled to have the advantage in 
 his consideration of and action upon the same. (Ibid., par. 2.) 
 
 Where, as in the majority of cases, the inquiry is instituted with a view of assist- 
 . ing the determination by the President, or a military commander, of the question 
 whether the party should be brought to trial, the opinion of the court will properly 
 be as to whether further proceedings before a court-martial are called for in the ca.se, 
 with the reasons for the conclusions reached. Where no such view enters into the 
 inquirj^, but the court is convened to investigate a question of military right, respon- 
 sibility, conduct, etc., the opinion will properly confine itself to the special question 
 proposed arid its legitimate military relations. A court of inquiry, composed as it 
 is of military men, will rarely find itself called upon to express an opinion upon 
 questions of a purely legal character, (a) (Dig. Opin. J. A. Gen., 138, par. 3.) 
 
 It is not irregular, but authorized, for a court of inquiry, in a proper case, to reflect, 
 in connection with itsopinion, upon any improper language or conduct of the ace used, 
 prosecuting witness, or other person appearing before it during the investigation. (6) 
 (Ibid., par. 4.) 
 
 1 While the proceedings of a court of inquiry can not be admitted as evidence on 
 the merits upon a trial before a court-martial of an offense for which the sentence of 
 dismissal will be mandatory upon conviction, (c) yet held that upon the trial of such 
 offense, as upon any other, such proceedings, properly authenticated, would be 
 admissible in evidence for the purpose of impeaching the statements of a witness 
 upon the trial who it was proposed to show had made quite different statements 
 upon the hearing before the court of inquiry, (d) Ibid. 139. 
 
 ''Oath. This article prescribes a single specific form of oath to be taken by all 
 witnesses. The Constitution, however (article 1 of amendments), has provided 
 that Congress shall make no law prohibiting the free exercise of religion. Where, 
 therefore, the prescribed form is not in accordance with the religious tenets of a 
 witness, he should be permitted to be sworn according to the ceremonies of his own 
 faith or as he may deem binding on his conscience, (e) (Dig. Opin. J. A. Gen.. 107, 
 par I.) 
 
 The article does not prescribe by whom the oath shall be administered. By the 
 custom of the service it is administered by the judge-ad vocate. (And see, now, the 
 provision of the act of July 27. 1892, sec. 4.) When the judge-ad vocate himself takes 
 the witness stand, he is properly sworn by the president of the court. (Ibid., 108, 
 par. 2.) 
 
 A witness who has once been sworn and has testified is not required to be resworn 
 on being subsequently recalled to the stand by either party. The reswearing, how- 
 
 a In an exceptional case, that of the special court of inquiry authorized by Con- 
 gress in the joint resolution of February 13, 1874, the court was required to express 
 an opinion not only upon the "moral" but upon the "technical and legal responsi- 
 bility " of the officer for the "offenses " charged. 
 
 b Thus the court of inquiry on the conduct of the Seminole war adverted, in its 
 opinion, unfavorably upon certain offensive and reprehensible language employed 
 against each other by the two general officers concerned, the one in his statement to 
 the court and the other in his official communications which were put in evidence. 
 (See G. O. 13, Headquarters of Army, 1837.) 
 
 c Compare G. O. 33, Department of Arizona, 1871. 
 
 d See this ruling, published, as adopted by the President, in G. C. M. O. 40, Head- 
 quarters of Army, 1880. 
 
 See 1 General Evidence, sec. 371; O'Brien, 260. 
 
THE MILITARY LAWS OF THE UNITED STATES. 519 
 
 TESTIMONY OF ACCUSED PERSONS. 
 
 1346. That in the trial of all indictments, informations. Accused per- 
 
 ' sons may testify. 
 
 complaints, and other proceedings against persons charged 20 Ma J 16 ' 1878 ' v - 
 with the commission of crimes, offenses, and misdemeanors, 
 
 ever, of such a witness will not affect the legal validity of the proceedings or sen- 
 tence. (Ibid., par. 3.) 
 
 COMPETENCY OP WITNESSES. 
 
 The rules governing the competency of witnesses before the criminal courts of the 
 United States and the States are where apposite, generally (though not always 
 necessarily, followed in the practice of courts martial, (a) (Ibid., 749 par. 1.) See 
 also MANUAL FOR COURTS MARTIAL p 40 
 
 The law by which, in the opinion of this court, the admissibility of testimony 
 in criminal cases must be determined is the law of the State as it was when the 
 courts of the United States were established by the judiciary act of 1789. The 
 courts of the United States have uniformly acted upon this construction of these 
 acts of Congress and it has thus been sanctioned by a practice of sixty years. (U. S. 
 v. Reid, 12 How., 361, 363, 366; Logan v TLS-, 144 U. S., 263, 301.) 
 
 MISCELLANEOUS PROVISIONS. 
 
 A witness who has given his testimony should in general be allowed to modify the 
 sani( where he desires to do so in a material particular. But where the court has 
 refused to permit a witness to correct his statement as recorded, such refusal need 
 not induce a disapproval of the proceedings unless it appear that the rights of the 
 accuser 1 have thus been prejudiced. (Dig. Opin. J. A. Gen. , 753, par. 14.) 
 
 Witnesses should not in general be admitted to the court room, but should be kept 
 as far as practicable apart, until required to appear and give their testimony. But 
 that a witness or witnesses may have been permitted to remain in the court room 
 and hear the testimony of witnesses previously called can not affect the legality of 
 the proceedings (Ibid. ; par. 15.) 
 
 A witness can have no authority to discharge or relievo himself from attendance 
 on the ground that the testimony desired of him is immaterial, or for any other 
 reason. In the civil practice such an act would be a grave contempt of court. It is 
 for the court to ;udge as to the materiality or pertinency of the evidence of wit- 
 nesses, and unless a w'tuess has been determined by the court to be incompetent or 
 his testimony to be inadmissible, he should remain and stand his examination till 
 informed by the court or judge-advocate that his attendance is no longer required 
 in the case. (Ibid., par. 16.) See also, in this connection, MANUAL FOR COURTS- 
 MARTIAL, pp. 40-47. 
 
 FEES. 
 
 For provisions of regulations in respect to fees of civilian witnesses in the employ 
 of the Government, see paragraphs 962, 964, and 965, Army Regulations of 1895; for 
 similar provisions in respect to civilian witnesses who are not in Government employ, 
 see paragraphs 963, 964, and 965, Army Regulations of 1895. See, also, MANUAL FOR 
 COURTS-MARTIAL, pp. 38-39, 142, 143. 
 
 In view of the provision of section 1248, Revised Statutes, investing retiring boards 
 with such powers of courts-martial as may be necessary to enable them to inquire 
 into and determine the facts touching the disability of officers whose cases are re- 
 ferred to them, held that a retiring board might legally cause material witnesses to 
 be summoned to attend its sessions, and that witnesses so summoned would probably 
 be entitled to the fees of witnesses before courts-martial. (Dig. Opin. J. A. G., 756, 
 par. 25.) 
 
 Held that parties who appeared and testified before, and at the instance of, an 
 officer charged with the preliminary investigation of a case, but were not required 
 to attend at a subsequent trial, were not legally entitled to witness fees. (Ibid., 757, 
 par. 26.) 
 
 The compensation allowed by the Secretary of War for witnesses summoned as 
 experts in handwriting before a court-martial (see Smith v. U. S., 24 C. Cls. R., 
 209) held payable out of the annual appropriation "for compensation of witnesses 
 attending upon courts-martial and courts of inquiry " (Ibid., 759, par. 35.) 
 
 Held that duly attending by a civilian witness before a duly authorized official to 
 give a deposition, to be used in evidence on a military trial, was to be regarded as 
 practically equivalent to attending a court-martial, and that the dependent was 
 entitled to be paid the usual allowances (i. e., the same as those of witnesses appear- 
 ing before the court,) out of the regular appropriation for the "compensation of 
 witnesses attending before courts-martial," etc. (Ibid., par. 36.) 
 
 Held that the annual appropriation by Congress for the compensation of witnesses 
 attending before courts-martial was evidently based upon the understanding that 
 such compensation, not being prescribed by statute, was one left to be fixed by the 
 Secretary of War (the authority charged with the expenditure of the appropria- 
 tion), and was, indeed, that which had been so fixed and published in Army Regula- 
 tions. Tlnis the appropriation, made as it is from year to year, is to be regarded as 
 made in knowledge and recognition of the rates of compensation as established by 
 such regulations. Section 848. Revised Statutes, prescribing witness fees, and 
 
 a In the British service, until the year 1805, oaths were only administered to wit- 
 nesses before general courts-martial. In that year, but against the advice of many 
 general officers (including the Duke of Wellington), the provisions of the article 
 were extended in this respect to the minor courts. (Clode, Mil. Law, 126.) 
 
520 THE MILITARY LAWS OF THE UNITED STATES. 
 
 in the United States courts, Territorial courts, and courts- 
 martial, and courts of inquiry, in any State or Territory, 
 including the District of Columbia, the person so charged 
 shall, at his own request but not otherwise, be a competent 
 witness. And his failure to make such request shall not 
 create any presumption against him. 1 Act of March 16, 
 1878 (20 Stat. L., 30). 
 
 constituting a part of the chapter entitled " The Judiciary," has reference to such 
 fees in the Federal civil courts only, and has uo application whatever to courts- 
 martial, which are no part of the judiciary of the United States. (Ibid., par. 37.) 
 
 Neither the appropriation "for the compensation of witnesses attending civil 
 courts," nor the appropriation for the contingent expenses of the Army, is applica- 
 ble to the payment of allowances, as witnesses before civil courts, of officers or 
 soldiers of the Army or of civil employees of the military establishment. For such 
 allowances they must look to the laws and appropriations fixing and authorizing 
 the payment of witness fees in these courts. (See paragraph 960, Army Regula- 
 tions of 1895.) Ibid., 760, par. 38. 
 
 CRIMINATING QUESTIONS. 
 
 The privilege, recognized by the common law, of a witness to refuse to respond to 
 a question the answer to which may criminate him, is a personal one, which the 
 witness may exercise or waive as he may see fit- It is not for the judge-advocate 
 or accused to object to the question or to check the witness, or the court to exclude 
 the. question or direct the witness not to answer. Where, however, he is ignorant 
 of his right, the court may properly advise him of the same. But where a witness 
 declines to answer a. question on the ground that it in of such a character that the 
 answer thereto may criminate him, but the court decides that the question is not one 
 of this nature and that it must be answered, the witness can not properly further 
 refuse to respond, and, if he does so, will render himself liable to charges and trial 
 under article 62. (Dig. Opin. J. A. Gen., 754, par. 17.) 
 
 It is not sufficient to excuse the witness from testifying that he may, in his own 
 mind, think his answer to the question might, by possibility, lead to a criminal 
 charge against him, or tend to convict him of it if made. The court must be able 
 to perceive that there is reasonable ground to apprehend danger to the witness from 
 his being compelled to answer. U. S. v. McCarty, 18 F. R., 87. 
 
 Upon a trial of a cadet of the Military A cademy, the court (against the objection 
 of the accused) required another cadet, introduced as a witness for the prosecution, 
 to testify as to facts which would tend to criminate him. Held that such action was 
 erroneous, the not answering in such cases being a privilege of the witness only, 
 who (whether or not objection were made) could refuse to testify, and who, if igno- 
 rant of his rights, should be instructed therein by the court. (Dig. Opin. J. A. Gen., 
 400, par. 27.) 
 
 At a trial of a cadet of the Military Academy, the accused, while on the stand as a 
 witness, was advised by the court that while it was his privilege to refuse to answer 
 any question that might tend to criminate him, yet the court would "put its own 
 interpretation" on the fact of his refusing. Held a grave error, which might well 
 induce the disapproval of the finding and sentence adjudged. (Ibid., par. 28.) 
 
 In the case of Tucker v. United States (151 U. S., 164, 168) the Supreme Court of the 
 United States has placed an interpretation upon certain clauses of section 860, Revised 
 Statutes. That section contains the requirement that "no pleading of a party, nor 
 any discovery or evidence obtained from a party or witness by means of a judicial 
 proceeding in this or any foreign country, shall be given in evidence, or in any man 
 per used against him or his property or estate, in any court of the United States, 
 in any criminal proceeding, or for the enforcement of any penalty or forfeiture: Pro- 
 vided, That this section shall not exempt any party or witness from prosecution and 
 punishment for perjury committed in discovering or testifying as aforesaid." In its 
 decision the court held that " pleadings of parties" are the allegations made by the 
 parties to a civil or criminal case for the purpose of definitely presenting the issue 
 to be tried and determined between them. " Discovery or evidence obtained from a 
 witness by means of a judicial proceeding " includes only facts or papers which the 
 party or witness is compelled by subpoena, interrogatory, or other judicial process to 
 disclose, whether he will or no, and is inapplicable to testimony voluntarily given or 
 to documents voluntarily produced. The clause as to discovery or evidence is con- 
 ceived in the same spirit as the fifth amendment of the Constitution, declaring that 
 "no person shall be compelled in any criminal case to be a witness against himself;" 
 and as the act of March 16, 1878 (20 Stat. L., 30), enacted that a defendant in any crimi- 
 nal case may be a witness at his own request, but not otherwise, and that his failure 
 to make such request shall not create any presumption against him. Tucker v. U. S., 
 151 U.S., 164, 168; Boyd v. U. S., 116 U.S., 616; Wilson v. U.S. ,149 U.S., 60; Lees v. 
 U. S., 150 U. S., 476. No statute which (like section 860, R. S.) leaves the party or 
 witness subject to prosecution, after he answers the criminating question put to 
 him, can have the effect of supplanting the privilege conferred by the Constitution. 
 Counselman v. Hitchcock, 142 IT. S., 547. 
 
 The immediate object of the legislation of February 25, 1868, from which section 
 860, R. S., is taken, was to protect against certain forfeitures agents of the Confed- 
 erate States whose testimony in regard to assets of the Confederacy it was desired 
 to obtain abroad. (Congressional Globe, 2d sess.. 40th Cong., part 2, p. 1334.) 
 
 The act of March 16, 1878 (20 Stat. L., 30), having provided that a person charged 
 with the commission of a crime may, at his own request, be a competent witness in 
 the trial, but that "his failure to make such request shall not create .iny presumption 
 against him, " all comment upon such failure must be excluded from tfie jury. Wil- 
 son v. U. S., 149 U. S., 60. Such failure to testify is not to create a presumption of 
 
THE MILITARY LAWS OF THE UNITED STATES. 521 
 
 DOCUMENTARY EVIDENCE. 
 
 1347. Copies of any books, records, papers, or documents 
 m any of the Executive Departments, authenticated under and papers. 
 
 J _ Sept. 15, 1789, 
 
 c. 14, s. 5, v. 1, p. 
 
 guilt. U. S. v. Pendergrast, 32 Fed. Rep., 198 When such an accused person elects 69; Feb 22, 1849, 
 to testify in his own behalf, his testimony may be impeached. U. S. v. Brown, 40 c . 61, s. 3, v. 9, p. 
 Fed. Rep., 437. 347 ; May 31, 1854, 
 
 An accused person can not testify in his own behalf if incompetent to testify as c. 60, s. 2, v. 10, p. 
 a witness for any cause. U. S. v. Hollis, 43 Fed. Rep., 248. 297. 
 
 Pardon restores competency to testify. Logan v. U. S., 144 TJ. S., 263 ; Boyd v. TJ. S., Sec. 882, R. S. 
 142 U. S., 450. 
 
 If he waives his privilege as to one act, he does so fully in relation to that act. 
 But he does not thereby waive his privilege of refusing to reveal other acts, wholly 
 unconnected with the act of which he has spoken, even though they be material to 
 the issue. Low v. Mitchell, 18 Me., 372; Tillson v. Bowley. 8 Green'l., 163. 
 
 Where a witness has voluntarily answered as to material criminating facts, it is 
 held with uniformity that he can not then stop short and refuse further explanation, 
 but must disclose fully what he has attempted to relate. This view is adopted by 
 the text-writers, and is very well explained in several of the authorities, where the 
 principle is laid down and enforced. 1 Starkie Evid. (9th Am. ed.) ; Roscoe 8 Grim. 
 Ev., 174; 1 Greenl., sec. 451; 2 Phill. Ev., 935; 2 Russ. Cr., 931; Coburn v. Odell, 10 
 Foster, 540; State v. K., 4 N. H., 562; State v. Foster, 3 Foster, 348; Foster v. Pierce, 
 11 Gush., 437; Brown v. Brown, 5 Mass., 320; Amherst v Hollis, 9 N. H., 107; Low 
 v. Mitchell, 18 Me., 372, Chamberlain v Willson. 12 Vt., 491; People v. Lohmann, 2 
 Barb. S. C., 216; Norfolk r.Gaylord, 28 Conn., 309. 
 
 The testimony of an accused party is competent only when presented as author- 
 ized by the act of March 16, 1878, chapter 37, viz, when the party himself requests 
 to be admitted to testify. But such testimony is not excepted from the ordinary 
 rules governing the admissibihty of evidence, nor from the application of the usual 
 tests of cross-examination, rebuttal, etc. (Dig. Opin. J. A. Gen., p. 398, par. 14.) See, 
 also, MANUAL FOR COURTS-MARTIAL, p. 40, par. 2. 
 
 It was heretofore an established rule that accused parties could not legally testify 
 as witnesses before military courts, (a) But now, by the act of March 16, 1878, chapter 
 37, it is expressly provided that at trials, not only before the courts of the United 
 States, but before courts martial and courts of inquiry, "the person charged shall, at 
 his own request, but not otherwise, be a competent witness." It is added: "And 
 his failure to make such request shall not create any presumption against him." 
 But parties testifying under this act have no exceptional status or privileges ; they 
 must take the stand and be subject to cross-examination like other witnesses. The 
 submission by the accused of a sworn written statement is not a legitimate exercise 
 of the authority to testify conferred by the statute, and such a statement should not 
 be admitted in evidence by the court. (&) (Ibid., 749, par. 2.) 
 
 COMPETENCY OF WITNESSES. 
 
 A wife is not a competent witness for or against a person accused of crime, on his 
 trial. Comment on her absence by the district attorney held to be reversible error. 
 Graves v. U. S., 150 U. S., 118 ; U. S. v. Jones, 32 Fed. Rep., 569. 
 
 It has been uniformly held that the wife of a person on trial before a court-martial 
 could not properly be admitted as a witness for or against him ; (c) and the statute 
 authorizing accused parties to testify does not affect this rule. The wife, however, 
 of an officer or soldier may be admitted to testify in his case before a court of inquiry, 
 the proceeding before such a body not being a trial, but an investigation merely. 
 Where a court-martial refused to admit in evidence (as being incompetent) the 
 testimony of the wife of the prosecuting witness, held that its action was entirely 
 erroneous, no legal objection existing to the competency of such a person. (Dig. 
 Opin. J. A. Gen., 750, par. 3.) See, also, MANUAL FOR COURTS-MARTIAL, p. 40, par. 3. 
 
 An insane person is no more competent as a witness before a court-martial than at 
 common law. Testimony admitted of a person shown to be insane should be stricken 
 out on motion made. (Dig. Opin. J. A. Gen., 399, par. 23.) 
 
 A person who is insane at the time is incompetent as a witness. An objection, 
 however, to a witness on account of alleged insanity will not properly be allowed, 
 unless sustained by clear proof, a man being always presumed to be sane till proven 
 to be otherwise. (Ibid., 751, par. 8.) 
 
 A wife is not a competent witness to prove a charge of failing to support her, for 
 which her husband is on trial. (Ibid., 399, par. 21.) 
 
 It is no objection to the competency of a witness that he is the officer upon whom 
 will devolve the duty of reviewing authority when the proceedings are terminated. 
 (Ibid. ; 751, par. 6.) 
 
 It is no objection to the competency of a witness that his name is not on the list of 
 witnesses appended to the charges when served. The prosecution is not obliged to 
 furnish any list of witnesses, nor, where one is furnished, to confine itself to the 
 
 a See G. C. M. O. 3, H. Q. A., 1870, in which is incorporated an opinion of the Judge- 
 Advocate-General on the subject. 
 
 b See the general orders cited in the note to "Evidence" a co-conspirator is a com- 
 petent witness upon the trial of an indictment for conspiracy. U. S. v. Sacia, 2 Fed. 
 Rep., 754. The evidence of an accomplice, though uncorroborated, is to be considered 
 for what it is worth. U. S. v. Hemming, 18 ibid., 907. 
 
 cNor will the testimony of the wifeof an accused be admissible in favorof or against 
 a party jointly charged with him, where her testimony will be material to the merits 
 of the question of the guilt or innocence of her husband. See Territory v. Paul, 2 
 Montana, 314. 
 
522 THE MILITARY LAWS OF THE UNITED STATES. 
 
 witnesses thus specified. The fact that material testimony is given by an unex- 
 pected witness may indeed constitute ground for an application by the accused 
 (under article 93) for further time for the preparation of his defense. (Ibid., par. 7.) 
 
 The fact that a parly is a public enemy of the United States, or has engaged in giv- 
 ing aid to the enemy, does not affect the competency of his testimony as a witness 
 before a court-martial. "Where testifying, however, in time of war, either in favor 
 of a person in the enemy's service or an ally of or sympathizer with the enemy, or 
 against a Federal officer or soldier, his statements (like those of an accomplice) are 
 ordinarily to be received with caution unless corroborated. The fact that a party is 
 under a political disability is not one which goes to his competency if offered as a 
 witness. So the fact that a witness has been convicted of desertion may impair hia 
 credibility, but can not aflect his competency. (Ibid., 397, par.12.) 
 
 Desertion is not a felony and does not render a witness incompetent at common 
 law or before a court-martial. Nor does the loss of citizenship upon conviction of 
 desertion, under sections 1996 and 1998, Revised Statutes, have such effect, the com- 
 petency of a witness not depending upon his citizenship. A pardon of a person 
 thus convicted would not therefore add to his competency. But where it was pro- 
 posed to introduce such a person as a material witness for the prosecution in an im- 
 portant case, advised that it would be desirable to remit the unexecuted portion of 
 his sentence, if any. (Ibid., 399. par. 24.) 
 
 Where a conviction (of rape) rested mainly on the testimony of the victim, a child 
 of 8 years of age, held that the competency of the witness was doubtful, and that 
 the trial should have been suspended and the child instructed, (a) Where a court- 
 martial received the testimony of a female child of 3 years without swearing her, 
 held, that it had wholly exceeded its authority, unsworn testimony being entirely 
 incompetent in any case. (Ibid., 399, par. 22.) 
 
 The president or any member of a court-martial, as also the judge-advocate, may 
 legally give testimony before the court. That the court, at the time of a member's 
 testifying, is composed'of but five members will not affect the validity of the pro- 
 ceedings, since in so testifying he does not cease to be a member. It is in general, 
 however, most undesirable that the judge-advocate, and still more that a member, 
 should appear in the capacity of a witness, except perhaps where the evidence 
 to be given relates simply to the good character or record of the accused. (Ibid., 
 p. 750, par. 5.) 
 
 THE RULES OF EVIDENCE MISCELLANEOUS PROVISIONS. 
 
 Courts-martial, in the absence of any specific statutory rules, are in general gov- 
 erned by the rules of evidence of the common law. (Dig. Opiii. J. A. Gen., 398, par. 16.) 
 
 Courts-martial should in general follow, so far as apposite to military cases, the 
 rules of evidence observed by the civil courts, and especially the courts of the United 
 States, in criminal cases, (b) They are not bound, however, by any statute in this 
 particular, and it is thus open to them, in the interests of justice, to apply these 
 rules with more indulgence than the civil courts to allow, for example, more latitude 
 in the introduction ot testimony and in the examination and cross-examination of 
 witnesses than is commonly permitted by the latter tribunals. In such particulars, 
 as persons on trial by courts-martial are ordinarily not versed in legal science or 
 practice, a liberal course should in general be pursued, and an over-technicality be 
 avoided, (c) (Ibid. 393, par. 1.) 
 
 The law by which the admissibility of testimony in criminal cases in the courts of 
 the United States nnist be determined is the law of the State, as it was when these 
 courts were established by the judiciary act of 1789. They have uniformly acted 
 upon this construction of the judiciary 'act of 1789 and the crimes act of 1790, and it 
 has thus been sanctioned by a practice of sixty years. U. S. v. Reid, 12 How., 36] , 363, 
 366 ; Logan v. U. S., 144 U. S., 263, 300. 
 
 How applied. The rules of evidence should be applied by military courts irrespec- 
 tive of the rank of the person to be affected. Thus a witness for" the prosecution, 
 whatever be his rank or office, may always be asked, on cross-examination, whether 
 he has not expressed animosity toward the accused, as well as whether he has not on 
 a previous occasion made a statement contradictory to or materially different from 
 that embraced in his testimony. Such questions are admissible by the established 
 law of evidence, and imply no disrespect to the witness, nor can the witness properly 
 decline to answer them on the ground that it is disrespectful to him thus to attempt 
 to discredit him. (d) (Ibid., par. 2.) 
 
 Character. Evidence of the good character, record, and services jf the accused as 
 an officer or soldier is admissible in all military cases without distinction in cases 
 where the sentence is mandatory as well as those where it is discretionary, upon con- 
 viction. For, where such evidence can not avail to affect the measure of punish- 
 ment, it may yet form the basis of a recommendation by the members of the court, 
 or induce favorable action by the reviewing officer whose approval is necessary to 
 the execution of the sentence. Where such evidence is introduced, the prosecution 
 may offer counter testimony, but it is an established rule of evidence that the prose- 
 cution can not attack the character of the accused till the latter has introduced evi- 
 dence to sustain it, and has thus put it in issue. (Ibid., 394, par. 4.) 
 
 It is in general competent, on trials by court-martial, for the accused to put in 
 evidence any facts going to extenuate the offense and reduce the punishment, as 
 the fact that he has been held in arrest or confinement an unusual period before 
 trial, the fact that he has already been subjected to punishment or special discipline 
 
 ol Greenleaf on Evidence, section 367. 
 
 6 See 3 Greenl. Ev., sec. 476; Lebanon v. Heath, 47 N". Hamp., 359; People v. Van 
 Allen, 55 N. York, 39; 2 Opin. Att. Gen., 343; Grant v. Gould, 2 H. Black., 87; 1 
 Me Arthur, 47; Harcourt, 76; DeHart, 334; O'Brien. 169; G. O. 51, Middle Depart- 
 ment, 1865; G. C. M. O. 60, Department of Texas, 1879; G. C. M. 0. 3, 52, Department 
 of the East, 1880. 
 
 c Compare the views expressed in G. C. M. O. 32, War Department, 1872; G. C. M. 
 O. 23, Department of Texas, 1873; G. C. M. O. 60, Department of California, 1873. 
 
 d See opinion of the Judge- Advocate-General, as adopted by the President, in G. 
 C. M. O. 66, Headquarters of Army, 1879 ; and compare remarks of reviewing officers, 
 in G. 0. 11, Department of California, 1865; G. C. M. O. 31, Department of Dakota, 
 1869 ; G. C. M. 0. 8, Fourth Military District, 1867. 
 
THE MILITARY LAWS OF THE UNITED STATES. 523 
 
 on account of his offense, the fact that his act was in a measure sanctioned by the 
 act or practice of superior authority, etc. (Ibid., 398, par. 15.) 
 
 Weight of evidence. The weight of evidence does not depend upon the number of 
 the witnesses. A single witness, whose statements, manner, and appearance on the 
 stand are such as to commend him to credit and confidence, will sometimes properly 
 outweigh several less acceptable and satisfactory witnesses, (a) But a court-martial 
 can not properly exclude from consideration the testimony of a witne3s because it is 
 diffuse and inconclusive (peculiarities which may result from embarrassment or in- 
 felicity of expression), provided it be pertinent to the issue. (Ibid., 394, par. 3.) 
 
 Leading questions. In commencing the examination of a witness, it ia a leading 
 of the witness, and objectionable, to read to him the charge and specification or 
 specifications, since he is thus instructed as to the particulars in regard to which he 
 is to testify and which he is expected to substantiate, (b) So to read or state to him 
 in substance the charge, and ask him " what he knows about it, ' or in terms to that 
 effect, is loose and objectionable as encouraging irrelevant and hearsay testimony. 
 The witness should simply be asked to state what was said and done on the occasion, 
 etc. A witness should properly also be examined on specific interrogatories, and 
 not be called upon to make a general statement in answer to a single general ques- 
 tion, (c) (Ibid., 394, par. 5.) 
 
 Opinion. Upon a trial where the offense is drunkenness or drunken conduct, 
 charged under article 62, or drunkenness on duty, charged under article 38, it is not 
 essential to confine the testimony to a description of the conduct and demeanor of 
 the accused, but it is admissible to ask a witness directly if the accused "was drunk, ' ' 
 or for a witness to state that the accused "was drunk,'"' on the occasion or under the 
 circumstances charged. Such a statement is not viewed by the authorities as of the 
 class of expressions of opinion which are properly ruled out on objection unless 
 given by experts, but as a mere statement of a matter of observation palpable to 
 persons in general, and so proper to be given by any witness as a fact in his knowl- 
 edge, (d) (Ibid., 395, par. 6.) 
 
 A statement to the effect that a person was intoxicated is not inadmissible in evi- 
 dence as being an expression of an opinion. Whether a person is drunk or sober is 
 "a fact patent to the observation of all, requiring no scientific knowledge.' (e) Ibid.,) 
 400, par. 25.) 
 
 An officer of the Quartermaster Department was admitted by a court martial to 
 testify as an "expert " in regard to the proper performance of his duties by a chief 
 quartermaster of a military department. Held that such testimony was inadmis- 
 sible and should have been ruled out; the subject being one regulated by law and 
 orders, and the witness being in no proper sense an expert. (Ibid., par. 26.) 
 
 Refreshing memory. Where a witness for the prosecution was permitted by a 
 court-martial to temporarily suspend his testimony and leave the court room for the 
 purpose of refreshing his memory as to certain dates, held that such action was 
 irregular and the further testimony of the witness as to such dates inadmissible. 
 By the course pursued the court and accused were prevented from knowing by what 
 means the memory of the witness had been refreshed whether, for instance, it may 
 not have been refreshed by oral statements of some person or persons. (Ibid., 399, 
 par. 19.) 
 
 Confessions. A confession is competent evidence when free and voluntary ; other- 
 wise where made through the influence of hope and fear. (/) So where an officer 
 admitted to a superior, in writing, the commission of a military offense and promised 
 not to repeat the same, under the well-founded hope and belief that a charge which 
 had been preferred against him therefor would be withdrawn, held that, in case he 
 were actually brought toHrial upon such charge, the admission thus made would 
 not properly be received in evidence against his objection. Confessions made by 
 private soldiers to officers or noncommissioned officers, though not shown to have 
 been made under the influence of promise or threat, should yet, in view of the mili- 
 tary relations of the parties, be received with caution, (g) Mere silence on the part 
 of an accused, when questioned as to his supposed offense, is not to be treated as a 
 confession, (h) (Ibid., 397, par. 13.) 
 
 A confession that he had deserted, made by an alleged deserter to a police officer, 
 who, on arresting him. assured him that if he told the truth he (the officer) would give 
 him an opportunity to escape before being delivered up to the military authorities, 
 held clearly not admissible in evidence, as having been induced by promise of favor 
 on the part of a person in authority. (Ibid., 399, par. 20.) 
 
 PRIVILEGED COMMUNICATIONS. 
 
 Official communications between the heads of the Departments of the Govern- 
 ment and their subordinate officers are privileged. Were it otherwise it would be 
 impossible for such superiors to administer effectually the public affairs with which 
 they are intrusted. (Ibid., 398, par. 18.) 
 
 PRESUMPTION AS TO PERFORMANCE OF DUTY, 
 
 The law presumes that public officers duly perform their official functions, and 
 this presumption continues till the contrary is shown. (Ibid., 398, par. 17.) 
 
 a Compare Rudolph v. Lane, 57 Ind., 115; McCrum v. Corby, 15 Kans., 117. 
 
 b Compare G. 0. 12, Department of the Missouri, 1862 ; G. 0. 36, ibid., 1863 ; G. 0. 29. 
 Department of California, 1865; G. 0. 67, Department of the South, 1874. 
 
 cSee G. C. M. 0. 14, 24, Department of Dakota, 1877. 
 
 d People v. Eastwood, 14 1ST. York, 562; Stacy ?;. Portland Pub. Co., 68 Maine 279; 
 Sydleman v.Beckwith,43 Conn., 12; State v. Huxford, 47 Iowa, 16; G.O.42, Depart- 
 ment of the Platte, 1871. 
 
 e Lawson on Exp. and Opin. Ev., p. 473, et seq. 
 
 /United States v. Pumphreys, 1 Cranch C. C., 74; TJ. S. v. Hunter, ibid., 317; U. S. 
 w.Charles, 2 ibid., 76; U. S. v. Pocklington, ibid., 293; TJ. S. v. Nott, 1 McLean, 499; 
 U. S. v. Cooper, 3 Qu. L. J, 42. ; Sparf and Hausen v. U. S., 156 U. S., 51. 
 
 g See G. C. M. O. 3, War Department, 1876; G. O. 54, Department of Dakota, 1867. 
 And compare Cady v. State, 44 Miss., 332. 
 
 h See Campbell v. State, 55 Ala., 80. 
 
524 THE MILITARY LAWS OF THE UNITED STATES. 
 
 the seals of such Departments, respectively, shall be 
 
 admitted in evidence equally with the originals thereof. 1 
 
 copies of rec- 1348. Copies of any documents, records, books, or papers 
 
 office 8 of Solicitor in the office of the Solicitor of the Treasury, certified by 
 
 Feb. 2^1849,' him under the seal of his office, or, when his office is vacant, 
 
 347. ' 8 ' v >P by the officer acting as Solicitor for the time, shall be 
 
 ^hfttf* ftft^fc H ^ 
 
 ' evidence equally with the originals. 
 Transcripts 1349. When suit is brought in any case of delinquency of 
 
 from books, etc., 
 
 of the ireasiiry, a revenue officer, or other person accountable for public 
 
 in suits against . _ . , , , , . 
 
 delinquents. money, a transcript from the books and proceedings of the 
 
 20, s ar i, V. i,'p! Treasury Department, certified by the Secretary or an 
 
 c^45,^ ar ii!'v 81 3'. Assistant Secretary of the Treasury and authenticated 
 
 i894,Ti7fv!^8 3 p. under the seal of the Department, or, when the suit involves 
 
 21 sec.886,R. s. the accounts of the War or Navy Departments, certified 
 
 by the Auditors respectively charged with the examination 
 
 of those accounts, and authenticated under the seal of the 
 
 Treasury Department, shall be admitted as evidence, and 
 
 1 The master rolls on file in the War Department are official records, and copies of 
 the same, duly certified, are primary evidence of the facts originally entered therein 
 and not compiled from other sources, (a) subject, of course, to be rebutted by evi- 
 dence that they are mistaken or incorrect. So though such rolls are evidence that 
 the soldier was duly enlisted, or mustered into the service, and is therefore duly 
 held as a soldier, they may be rebutted in this respect by proof of fraud or illegality 
 in the enlistment or muster "(on the part of the representative of the United States 
 or otherwise), properly invalidating the proceeding and entitling the soldier to a 
 discharge. (But that the entries in such rolls are not proof of the commission of an 
 offense, as desertion, lor example, see Desertion.) (Dig. Opin. J. A. Gen., 395, par. 9.) 
 
 A descriptive list is but secondary evidence and not admissible to prove the facts 
 recited therein. It is not a record of original entries, made by an officer under a 
 duty imposed upon him by law or the custom of the service, but 'is simply a compila- 
 tion of facts taken from other records. (Ibid., 401, par. 33.) 
 
 General orders issued from the War Department or headquarters of the Army 
 may ordinarily be proved by printed official copies in the usual form. The court 
 will, in general, properly take judicial notice of the printed order as genuine and 
 correct. A court-martial, however, should not, in ge*eral, accept in evidence, if 
 objected to, a printed or written special order (which has not been made public to 
 the Army) without some proof of its genuineness and official character, (b) (Ibid., 
 396, par. 10.) 
 
 A court-martial (by subpoena duces tecum, through the judge-advocate) may sum- 
 mon a telegraph operator to appear before it bringing with him a certain telegraphic 
 dispatch. But it is beyond the power of such court to require such witness, against 
 his will, to surrender the dispatch, or a copy, to be used in evidence. (Ibid., 401, 
 par. 35.) 
 
 In view of the embarrassment which must generally attend the proof, before a 
 court-martial, of the sending or receipt of telegraphic messages by means of a resort, 
 by subpoena duces tecum, to the originals in possession of the telegraph company, (c) 
 advised that the written or printed copy, furnished by the company and received 
 by the person to whom it is addressed, should in general be admitted in evidence by 
 a court-martial in the absence of circumstances casting a reasonable doubt upon its 
 genuineness or correctness. But where it is necessary to prove that a telegram 
 which was not received, or the receipt of which is denied and not proven, was 
 actually duly sent, the operator or proper official of the company, or other person 
 cognizant of the fact of sending, should be summoned as a witness. (Ibid., p. 396, 
 par. 11.) 
 
 The "enlistment paper," the "physical examination paper," and the "outline 
 
 a But note in this connection the ruling of the supreme court of Massachusetts in 
 
 the case of Hanson v. S. Scituate, 115 Mass., 336, that au official certificate from the 
 
 , Adjutant-General's Office to the effect that certain facts appeared of record in that 
 
 office, but which did not purport to be a transcript from the record itself, and was 
 
 therefore simply a personal statement, was not competent evidence of such facts. 
 
 It has been held by the United States Supreme Court in a recent case, Evanston v. 
 Gunn, 9 Otto, 660, that the record made by a member of the United States Signal 
 Corps of the state of the weather and the direction and velocity of the wind on a 
 certain day was competent evidence of the facts reported, as being in the nature of 
 an official record kept by a public officer in the discharge of a public duty. 
 
 b See a similar ruling in G. O. 121, Second Military District, 1867. 
 
 , ., 
 published in the Southern Law Review for October, 1879. 
 
THE MILITARY LAWS OF THE UNITED STATES. 525 
 
 the court trying the cause shall be authorized to grant judg- 
 ment and award execution accordingly. And all copies of 
 bonds, contracts, or other papers relating to, or connected 
 with, the settlement of any account between the United 
 States and an individual, when certified by such Auditor 
 to be true copies of the originals on file, and authenticated 
 under the seal of the Department, may be annexed to such 
 transcripts, and shall have equal validity, and be entitled 
 to the same degree of credit which would be due to the orig- 
 inal papers if produced and authenticated in court: Pro- 
 vided, That where suit is brought upon a bond or other 
 sealed instrument, and the defendant pleads "non est fac- 
 tuin,'' or makes his motion to the court, verifying such plea 
 or motion by his oath, the court may take the same into con- 
 sideration, and, if it appears to be necessary for the attain- 
 ment of justice, may require the production of the original 
 bond, contract, or other paper specified in such affidavit. 1 
 
 card " are original writings made by officers in the performance of duty and compe- 
 tent evidence of the facts recited therein. Copies, authenticated under the seal of the 
 War Departement, according to section 882, Revised Statutes, are equally admissible 
 with the originals. (Ibid., 401, par. 31.) 
 
 The morning report book is an original writing. To properly admit extracts in 
 evidence, the book should be first identified by the proper custodian, and the extracts 
 then not merely read to the court by the witness, but copied, and the copies, properly 
 ver.ted, attached as exhibits to the record of the court. (Ibid., par. 32.) 
 
 Copies of pay accounts (charged to have been duplicated) are admissible in evi- 
 dence where the accused has by his own act placed the originals beyond the reach, 
 of process and fails to produce them in court on proper notice. So where the 
 originals are in the hands of a person who has left the United States, so that they 
 can not be reached, on notice to the accused to produce them, or otherwfse. (Ibid'., 
 par. 34.) 
 
 To the admission in evidence of a letter written and signed by the accused (of 
 which the introduction is contested) proof of his handwriting is necessary. Evi- 
 dence of handwriting by comparison is not admissible at common law except where 
 the standard of comparison is an acknowledged or proved genuine writing already 
 in evidence \n the case. A writing not in evidence and simply offered to be used as 
 a standard is not admissible. (Ibid., par. 36 ) 
 
 At the trial, in 1894, of an officer charged with a disorder and breach of discipline 
 which involved the killing by him of another officer, there was ottered in evidence, 
 on the part of the accused, to exhibit the character and disposition of the officer 
 killed, a copy of a gener.-d court-martial order of 1872, setting forth certain charges 
 alleging dishonest and unbecoming conduct, upon which the latter officer was then 
 tried and convicted, and the findings of the court thereon. Held, that such evidence 
 was wholly inadmissible for the purpose designed. (Ibid., 402, par. 37.) 
 
 Strictly speaking, a press copy is secondary to the original document from which 
 it is taken. Such a copy is receivable in evidence 011 proof of the loss of the original. 
 At the best, however, it continues secondary ; hence it has been held that a copy can 
 be produced from a press copy of a lost writing without producing the principal 
 copj^. Photographs and other reproductions are secondary. (1 Wharton Ev., 
 sec. 93.) 
 
 Except by the consent of the opposite party, the testimony contained in the record 
 of a previous trial of the same or a similar case can not properly be received in evi- 
 dence on a trial by court-martial; nor can the record of a board of investigation 
 ordered in the same case be otherwise so admitted. In all cases (other than that 
 provided for by the one hundred and twenty-first article of war) testimony given 
 upon a previous hearing, if desired to be introduced in evidence upon a trial, must 
 (unless it be otherwise specially stipulated between the parties) be offered de novo 
 and as original matter. (Dig. Opin. J. A. Gen., 395, par. 7.) 
 
 Affidavits taken ex parte, and not as depositions under article 91, are in no case 
 admissible as evidence on a trial by court-martial, if objected to. (a) (Ibid., par. 8.) 
 
 1 Walton v. U.S., 9 Wh., 651; U.S.r. Buf'ord, 3 Pet., 12; Smith v. TJ .'S., 5 Pet., 292; Cox 
 v. U. S., 6 Pet., 172 ; U. S. v. Jones, 8 Pet., 375: Gratiot v. U. S., 15 Pet., 336; U. S. v. 
 Irving, 1 How., 250; Hoyt v. U. S., 10 How., 109; Bruce v. U. S., 17 How., 437; U. S. 
 v. Edwards, 1 McLean, 467; U. S. v. Hilliard et al., 3 McLean, 324; U. S. v. Lent, 1 
 Paine, 417; U. S. v. Martin, 2 Paine, 68; U. S. v. Van Zandt, 2 Cr. C. C., 328; U. S. 
 v. Griffith, 2 Cr. C. C., 336; U. S. v. Lee, 2 Cr. C. C., 462; TJ. S. v. Harrill, 1 McAll., 
 243; U. S. v. Mattison, Gilp., 44; U. S. v. Corwin, 1 Bond. 149; U. S. v. Gaussen, 19 
 Wall., 198. 
 
 a See G. C. M. 0. 10, Headquarters Army, 1879; G. 0. 21, Department of the Missouri, 
 1863 ; G. 0. 17, Department of Arkansas, 1866 ; G. 0. 19, Third Military District, 1867 ; 
 G. 0. 49, Department of Dakota, 1871. 
 
526 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Vthe 1350. Upon the trial of any indictment against any per- 
 in in- SO n for embezzling public moneys, it shall be sufficient evi- 
 
 dictmentsforem- J 
 
 bezziementofdence, for the purpose of showing a balance against such 
 
 public moneys. .,/.,, i i i 
 
 Aug. e, 1846, c. person, to produce a transcript from the books and pro- 
 Mar'. 2? HOT,?! 20,' ceedings of the Treasury Department, as provided by the 
 
 & preceding section. 
 
 returns 1351. A copy of any return of a contract returned and 
 of ju e ne 2 1862 c n ^ e( ^ * n ^ e re ^ urns office of the Department of the Interior, 
 93^ s. 4, V. 12,' p. as provided by law, when certified by the clerk of the said 
 sec. sss, B. s. office to be full and complete, and when authenticated by 
 the seal of the Department, shall be evidence in any pros- 
 ecution against any officer for falsely and corruptly swear- 
 ing to the affidavit required by law to be made by such 
 officer in making his return of any contract, as required by 
 law, to said returns-office. 
 Extracts from 1352. Extracts from the Journals of the Senate, or of 
 
 the Journals ol 
 
 Congress. the House of Representatives, and of the Executive Jour- 
 
 107, s g i,v 9, p.'so! nal of the Senate when the injunction of secrecy is removed, 
 
 sec. 895, K. s. certified by tlie s ecre t ary o f the Senate or by the Clerk of 
 
 the House of Representatives, shall be admitted as evidence 
 in the courts of the United States, and shall have the same 
 force and effect as the originals would have if produced 
 and authenticated in court. 
 
 ords pi e 8 tc f r< in 1353. Copies of all official documents and papers in the 
 offices of united office of any consul, vice-consul, or commercial agent of the 
 
 St&tcs consuls 
 
 etc. ' United States, and of all official entries in the books or 
 
 7, v. 15, p. 266. ' ' records of any such office, certified under the hand and seal 
 
 Sec 896 R S 
 
 * of such officer, shall be admitted in evidence in the courts 
 of the United States. 
 
 tn o^gisit 1354. The acts of the legislature of any State or Terri- 
 proo e f of juafchS tor y> or of an y country subject to the jurisdiction of the 
 f United States, shall be authenticated by having the seals 
 sucl1 state > Territory, or country affixed thereto. The 
 56*8 '2 2 v 2 1 V 5 ' recor( ^ s an( l judicial proceedings of the courts of any State 
 sec.' 906, B. si or Territory, or of any such country, shall be proved or 
 admitted in any other court within the United States, 
 by the attestation of the clerk, and the seal of the court 
 annexed, if there be a seal, together with a certificate of 
 the judge, chief justice, or presiding magistrate, that the 
 said attestation is in due form. And the said records and 
 judicial proceedings, so authenticated, shall have such 
 faith and credit given to them in every court within the 
 United States as they have by law or usage in the courts 
 of the State from which they are taken. 2 
 
 U. S. v. Gaussen,19 Wall, 198. 
 
 2 Ferguson v. Harwood, 7 Cr., 408 ; Mills v. Duryea, 7 Cr., 481 ; U. S. v. Amedy, 11 Wh., 
 392; Buckner v. Finley, 2 Pet., 592; Owings v. Hull, 9 Pet. ,627; Urtetiqui v.D'Arbel, 
 
THE MILITARY LAWS OF THE UNITED STATES. 527 
 
 1355. All records and exemplifications of books, which or j 8 l f e r tTn 
 may be kept in any public office of any State or Territory, 
 
 or of any country subject to the jurisdiction of the United ^Mar. 27,1804,0. 
 States, 110 1 appertaining to a court, shall be proved or pp. 298, 299! Feb. 
 admitted in any court or office in any other State or Terri- ie| p. 4in.' 
 
 Sec t)0f R S 
 
 tory, or in any such country, by the attestation of the 
 keeper of the said records or books, and the seal of his 
 office annexed, if there be a seal, together with a certificate 
 of the presiding justice of the court of the county, parish, 
 or district in which such office may be kept, or of the gov- 
 ernor, or secretary of state, the chancellor or keeper of 
 the great seal, of the State, or Territory, or country, that 
 the said attestation is in due form, and by the proper 
 officers. If the said certificate is given by the presiding 
 justice of a court, it shall be further authenticated by the 
 clerk or prothonotary of the said court, who shall certify, 
 under his hand and the seal of his office, that the said 
 presiding justice is duly commissioned and qualified; or, 
 if given by such governor, secretary, chancellor, or keeper 
 of the great seal, it shall be under the great seal of the 
 State, Territory, or country aforesaid in which it is made. 
 And the said records and exemplifications, so authenti- 
 cated, shall have such faith and credit given to them in 
 every court and office within the United States as they 
 have by law or usage in the courts or offices of the State, 
 Territory, or country, as aforesaid, from which they are 
 taken. 
 
 1356. The edition of the Laws of the United States pub- elm ^n'^S 
 lished by Little & Brown, shall be competent evidence of statutes to be 
 
 7 evidence. 
 
 the several public and private acts of Congress, and of the 10 ^^ v g 846 ??' 
 several treaties therein contained, in all the courts of law s'ec. oo8,'& si 
 and equity and of maritime jurisdiction, and in all the tri- 
 bunals and public offices of the United States, and of the 
 several States, without any further proof or authentication 
 thereof. 1 
 
 9 Pet., 700; McElmoyle, v. Cohen, 13 Pet , 312; Stacey v. Thrasher, 6 How., 44; Bank 
 of Alabama v. Dalton, 9 How., 522; D'Arcy v. Ketchum, 11 How., 165; Railroad v. 
 Howard, 13 How., 307; Booth v. Clark, 17 How., 322; Mason v. Lawr>,son, 1 Cr.C.C., 
 190 ; Butord v. Hickman, Hemp., 232 ; Craig v. Brown, Pet. C. C., 354 ; Stewart v. Gray, 
 Hemp., 94; Gardner v. Lindo, 1 Or. C. C., 78; Trigg v. Conway, Hemp., 538; Turner v. 
 Waddington, 3 Wash. C. C., 126; Catlin v. Underbill, 4 McL., 199; Morgan v. Cur- 
 tenius, 4 McL., 366; Hale v. Brotherton, 3 Cr. C. C., 594; Mewsterv. Spaldiug, 6 McL., 
 24; Parrot v. Habersham, 1 Cr. C. C., 14; Talcott v. Delaware Ins. Com., 2 Wash. C. 
 C.,449; James v. Stookey, 1 Wash. C. C.,330; Bennett v. Bennett, Dist, Crt., Oregon, 
 1867. 
 
 1 See, in respect to the Revised Statutes and Statutes at Large of the United States, 
 paragraphs 402, 415, 419, 422, and 428, ante. 
 
CHAPTER XXXVI, 
 
 CITIZENSHIP AND NATURALIZATION. 
 
 Par. 
 
 1357. Citizenship defined. 
 
 1358. Citizenship of children of 
 
 citizens born abroad. 
 
 1359. Citizenship of married 
 
 women. 
 
 1360. Citizenship of persons born 
 
 in Oregon. 
 
 1361. Rights of citizenship for- 
 
 feited by desertion. 
 
 1362. Certain soldiers and sailors 
 
 exempted from forfeitures 
 of last section. 
 
 1363. Avoiding the draft. 
 
 1364. Right of expatriation. 
 
 1365. Protection to naturalized 
 
 citizens in foreign states. 
 
 1366. Release of citizens impris- 
 
 oned by foreign govern- 
 ments to be demanded. 
 
 1367. Naturalization of aliens. 
 
 1368. Declarations of intention, 
 
 how made. 
 
 Par. 
 
 1369. Aliens honorably discharged 
 
 from military service. 
 
 1370. Aliens honorably discharged 
 
 from the naval service. 
 
 1371. Minor residents. 
 
 1392. Widow and children of de- 
 clarants. 
 
 1373. Aliens of African nativity 
 and descent. 
 
 1374 Residence required. 
 
 1375. Alien enemies not admitted. 
 
 1376. Children of persons natural- 
 
 ized. 
 
 1377. Police court of District of 
 
 Columbia has no power to 
 naturalize aliens. 
 
 1378. Naturalization of seamen. 
 
 1379. Citizenship to be accorded 
 
 allottees and to Indians 
 adopting civilized life. 
 
 CITIZENSHIP. 
 
 ^citizenship de- 1357. All persons born in the United States and not sub- 
 Apr. 9, isee, c.ject to any foreign power, excluding Indians not taxed, are 
 sec. 1992', R.S^ declared to be citizens of the United States. 1 
 ch?idren n oV ciS- 1358> A11 children heretofore born or hereafter born out 
 z T P b r i4 a i b 802 a( c' of tne l imits and jurisdiction of the United States, whose 
 ?eb' 10^855 c 1 ?! 5 ^ atners were or ma y be at the time of their birth citizens 
 s. i, V. io, p.'ek 'thereof, are declared to be citizens of the United States: 
 
 L'-. .. <h<h> n c 
 
 'but the rights of citizenship shall not descend to children 
 whose fathers never resided in the United States. 
 
 1359. Any woman who is now or may hereafter be mar- 
 7i r j b 2 1 v 1 i?'5' ried to a citizen of the United States, and who might her- 
 be lawfully naturalized, shall be deemed a citizen. 2 
 
 1 Planters' Bank v. St. John, 1 Woods, 585; McKay v. Campbell, 2 Saw., 118. 
 
 See, also, for a definition of the term "citizen of the United States," the fourteenth 
 amendment to the Constitution. 
 
 2 Kelly v. Owen, 7 Wall, 496. 
 
 528 
 
 mSrieTwomen. f 
 
THE MILITARY LAWS OF THE UNITED STATES. 529 
 
 1360. All persons borii in the district of country formerly 
 known as the Territory of Oregon, and subject to the juris- 
 diction of the United States on the 18th May, 1872, are 
 
 citizens in the same manner as if born elsewhere in the sec. i995,R.s. 
 United States. 
 
 1361. All persons who deserted the military or naval ze jjjg ht o ( jj e ttj 
 service of the United States and did not return thereto or tor desertion, etc. 
 
 Mar. 3, 1865, c. 
 
 report themselves to a provost-marshal within sixty days ?9, s. 21, v. 13, P . 
 after the issuance of the proclamation by the President, sec.i996,R.s. 
 dated the llth day of March, 1865, are deemed to have vol- 
 untarily relinquished and forfeited their rights of citizen- 
 ship, as well as their right to become citizens j and such 
 deserters shall be forever incapable of holding any office of 
 trust or profit under the United States, or of exercising any 
 rights of citizens thereof. 1 
 
 1362. No soldier or sailor, however, who faithfully served certain soi- 
 
 diers and sailors 
 
 according to his enlistment until the 19th day of April, exempted from 
 
 , the forfeitures of 
 
 1865, and who, without proper authority or leave first the last section. 
 
 .u L. , July 19, 1867, c. 
 
 obtained, quit his command or refused to serve after that28,v.i5,p.u. 
 date, shall be held to be a deserter from the Army or Navy ; ' sec ' 1997 > B - S - 
 but this section shall be construed solely as a removal of 
 any disability such soldier or sailor may have incurred, 
 under the preceding section, by the loss of citizenship and 
 of the right to hold office, in consequence of his desertion. 
 
 1363. Every person who hereafter deserts the military Avoiding the 
 or naval service of the United States, or who, being duly Mar. a, ises, c. 
 enrolled, departs the jurisdiction of the district in which 49o. 8 ' ' v< ' p * 
 
 Si i * I'MJS R S 
 
 he is enrolled, or goes beyond the limits of the United 
 States, with intent to avoid any draft into the military or 
 naval service, lawfully ordered, shall be liable to all the 
 penalties and forfeitures of section nineteen hundred and 
 ninety-six. 1 
 
 1364. Whereas the right of expatriation is a natural and Right of expa- 
 inherent right of all people, indispensable to the enjoyment r juiy27, ises, c. 
 of the rights of life, liberty, and the pursuit of happiness; 223! 8 ' lfV ' 15 ' p ' 
 
 SPC 1999 R S 
 
 and whereas in the recognition of this principle this Gov- k 
 eminent has freely received emigrants from all nations, 
 and invested them with the rights of citizenship; and t .,,., 
 
 whereas it is claimed that such American citizens, with 
 their descendants, are subjects of foreign states, owing 
 allegiance to the governments thereof; and whereas it is 
 necessary to the maintenan* e of public peace that this 
 claim of foreign allegiance should be promptly and finally 
 disavowed : Therefore any declaration, instruction, opinion, 
 
 1 These penalties only take effect upon conviction by court martial. Kurtz v. 
 Moffett, 115 U. S., 501. 
 
 1919 34 
 
530 THE MILITARY LAWS OF THE UNITED STATES. 
 
 order, or decision of any officer of the United States which 
 denies, restricts, impairs, or questions the right of expatri- 
 ation, is declared inconsistent with the fundamental prin- 
 ciples of the .Republic. 
 
 naumSzed n citi 1365. All naturalized citizens of the United States, while 
 zens in foreign j n foreign countries, are entitled to and shall receive from 
 
 states. 
 
 July 27, 1868, c. thi s Government the same protection of persons and prop- 
 224. ' erty which is accorded to native-born citizens. 
 
 Sec. 2000, B. S. 
 
 1366 - Whenever it is made known to the President that 
 ernm en e t8 n to g0 be anv c ^izen of the United States has been unjustly deprived 
 demanded^ o f hi s liberty by or under the authority of any foreign gov- 
 
 July ^7, loDo. c. 
 
 249, s. s, v. 15, p. ernment, it shall be the duty of the President forthwith to 
 Sec. 2001, B. s. demand of that government the reasons of such imprison- 
 ment; and if it appears to be wrongful and in violation of 
 the rights of American citizenship, the President shall 
 forthwith demand the release of such citizen, and if the 
 release so demanded is unreasonably delayed or refused, 
 the President shall use such means, not amounting to acts 
 of war, as he may think necessary and proper to obtain or 
 effectuate the release; and all the facts and proceedings 
 relative thereto shall as soon as practicable be communi- 
 cated by the President to Congress. 
 
 NATURALIZATION. 
 
 Naturalization 1367. An alien may be admitted to become a citizen of 
 
 of aliens. 
 
 Sec. 2165, B.S. the United States in the following manner, and not other- 
 wise: 
 Declaration of First. He shall declare on oath, before a circuit or district 
 
 intention. 
 
 Apr. u, 1802, court of the United States, or a district or supreme court of 
 
 2, ^pf*i68, 3 io5J the Territories, or a court of record of any of the States 
 
 isefs. 2 !' v^l' p. having common-law jurisdiction, and a seal and clerk, two 
 
 c^^.Vp 1 ! 76 ' years, at least, prior to his admission, that it is bona fide 
 
 his intention to become a citizen of the United States, and 
 
 to renounce forever all allegiance and fidelity to any foreign 
 
 prince, potentate, state, or sovereignty, and, particularly, 
 
 by name, to the prince, potentate, state, or sovereignty of 
 
 which the alien may be at the time a citizen or subject. 
 
 oath- to sup- Second. He shall, at the time of his application to be 
 
 port the Consti- -,.,,,, , > , , 
 
 tution of the admitted, declare, on oath, before some one or the courts 
 U Apr? ISfl&ra, above specified, that he will support the Constitution of 
 i5.l. 8 ' 8 1|V ' 2 ' p 'the United States, and that he absolutely and entirely 
 
 1 The power of natiiralizatiou is exclusively in Congress. (Chirac v. Chirac, 2 
 Wheat., 260.) Jurisdiction for that purpose having been conferred by Congress, 
 courts of record in the several States and Territories have the power to extend the 
 privileges of citizenship to aliens hy an application of the provisions of the natural- 
 ization laws of the United States. (Campbell v. Gordon, 6 Cr., 176; Stark v. Chesa- 
 peake Ins. Co., 7Cr.,420 ; Chirac v. Chirac, 2 Wheat., 259, Osborn v. United States 
 Bank, 9 Wheat., 827; Sprattv. Spratt, 4 Pet., 393.) 
 
 For a discussion of the power of the several States to confer the privilege of State 
 citizenship upon aliens, see Collet v. Collet (2 Dall., 294). 
 
THE MILITARY LAWS OF THE UNITED STATES. 531 
 
 renounces and abjures all allegiance and fidelity to every 
 foreign prince, potentate, state, or sovereignty ; and, partic- 
 ularly, by name, to the prince, potentate, state, or sover- 
 eignty of which he was before a citizen or subject; which 
 proceedings shall be recorded by the clerk of the court. 
 Third. It shall be made to appear to the satisfaction of Residence in 
 
 ,. , . jLjL . , United States or 
 
 the court admitting such alien that he has resided within states, and good 
 
 the United States five years at least, and within the State 
 
 or Territory where such court is at the time held, one year 
 
 at least; and that during that time he has behaved as a 
 
 man of good moral character, attached to the principles of 
 
 the Constitution of the United States, and well disposed 
 
 to the good order and happiness of the same; but the oath 
 
 of the applicant shall in no case be allowed to prove his 
 
 residence. 1 
 
 Fourth. In case the alien applying to be admitted to cit- it t 
 izenship has borne any hereditary title, or been of any of nounced - 
 the orders of nobility in the kingdom or state from which 
 he came, he shall, in addition to the above requisites, make 
 an express renunciation of his title or order of nobility in 
 the court to which his application is made, and his renun- 
 ciation shall be recorded in the court. 
 
 Fifth. Any alien who was residing within the limits and . Persons 
 under the jurisdiction of the United States before the Sates before 
 twenty-ninth day of January, one thousand seven hundred 
 and ninety-five, may be admitted to become a citizen, on 
 due proof made to some one of the courts above specified, 
 that he has resided two years, at least, within the jurisdic- 
 tion of the United States, and one year, at least, immedi- 
 ately preceding his application, within the State or Territory 
 where such court is at the time held ; and on his declaring 
 on oath that he will support the Constitution of the United 
 States, and that he absolutely and entirely renounces and 
 abjures all allegiance and fidelity to any foreign prince, 
 potentate, state, or sovereignty, and, particularly, by name, 
 to the prince, potentate, state, or sovereignty whereof he 
 was before a citizen or subject; and, also, on its appearing 
 to the satisfaction of the court, that during such term of 
 two years he has behaved as a man of good moral char- 
 acter, attached to the Constitution of the United States, 
 and well disposed to the good order and happiness of the 
 same; and where the alien, applying for admission to 
 
 1 By the treaty of cession with Russia, subjects of that nation inhabiting the Ter- 
 ritory of Alaska at the date of the treaty, and continuing to remain such inhabitants 
 for three years, became thereupon American citizens. But the treaty neither men- 
 tions nor refers to British subjects or the subjects of any foreign nation other than 
 Russia. Siich persons, therefore, residing in the Territory, can become citizens only 
 in the mode and form prescribed by the United States naturalization laws. (Dig. 
 J. A. Gen., 148.) 
 
532 THE MILITARY LAWS OP THE UNITED STATES. 
 
 citizenship, has borne any hereditary title, or been of any 
 of the orders of nobility in the kingdom or state from which 
 he came, on his, moreover, making in the court an express 
 renunciation of his title or order of nobility. All of the 
 proceedings, required in this condition to be performed in 
 the court, shall be recorded by the clerk thereof, 
 persons resid Sixth. Any alien who was residing within the limits and 
 
 ing between June 
 
 is, 1798, and June under the jurisdiction of the United States, between the 
 kar. 22, 1816, c. eighteenth day of June, one thousand seven hundred and 
 May 24, 1828, d ninety-eight, and the eighteenth day of June, one thousand 
 310! 8 ' p ' eight hundred and twelve, and who has continued to reside 
 
 within the same, may be admitted to become a citizen of 
 the United States without having made any previous 
 declaration of his intention to become such; but whenever 
 any person, without a certificate of such declaration of 
 intention, makes application to be admitted a citizen, it 
 must be proved to the satisfaction of the court, that the 
 applicant was residing within the limits and under the 
 jurisdiction of the United States before the eighteenth day 
 of June, one thousand eight hundred and twelve, and has 
 continued to reside within the same; and the residence of 
 the applicant within the limits and under the jurisdiction 
 of the United States, for at least five years immediately 
 preceding the time of such application, must be proved by 
 the oath of citizens of the United States, which citizens 
 shall be named in the record as witnesses; and such con- 
 tinued residence within the limits and under the jurisdiction 
 of the United States, when satisfactorily proved, and the 
 place where the applicant has resided for at least five years, 
 shall be stated and set forth, together with the names of 
 such citizens, in the record of the court admitting the 
 applicant; otherwise the same shall not entitle him to be 
 considered and deemed a citizen of the United States, 
 i n? en tion how 1368 ' Tliat tne declaration of intention to become a citizen 
 m Feb i 1876 c ^ tne United States, required by section two thousand one 
 5) *vft. 2 i * hundred and sixty-five of the Kevised Statutes of the United 
 
 Nf (', Liu*), 1C. S. 
 
 States, may be made by an alien before the clerk of any of 
 
 the courts named in said section two thousand one hundred 
 
 and sixty-five; and all such declarations heretofore made 
 
 before any such clerk are hereby declared as legal and valid 
 
 as if made before one of the courts named in said section. 
 
 bif "TsSrged 1369 - Any alien, of the age of twenty-one years and up- 
 
 BerJ?ce military war d, who has enlisted, or may enlist, in the armies of the 
 
 2oo U 8 y 2i 7 V l8 i2 2 'p' United States, either the regular or the volunteer forces, 
 
 69 sc 2166 R s an( ^ ^as ^ eeu ? or mav ^ e hereafter, honorably discharged, 
 
 shall be admitted to become a citizen of the United States, 
 
THE MILITARY LAWS OF THE UNITED STATES. 533 
 
 upon Ms petition, without any previous declaration of his 
 intention to become such ; and he shall not be required to 
 prove more than one year's residence within the United 
 States previous to his application to become such citizen ; 
 and the court admitting such alien shall, in addition to 
 such proof of residence and good moral character, as now 
 provided by law, be satisfied by competent proof of such 
 person's having been honorably discharged from the service 
 of the United States. 1 
 
 1370. Any alien of the age of twenty-one years and up- _f lie ?. 8 honor- 
 
 p ably discharged 
 
 ward who has enlisted or inav enlist in the United States fr m the naval 
 
 service. 
 
 Navy or Marine Corps, and has served or may hereafter July 26, 1394, 
 serve five consecutive years in the United States Navy or v ' 
 one enlistment in the United States Marine Corps, and has 
 been or may hereafter be honorably discharged, shall be 
 admitted to become a citizen of the United States upon his 
 petition, without any previous declaration of his intention 
 to become such; and the court admitting such alien shall, 
 in addition to proof of good moral character, be satisfied 
 by competent proof of such person's service in and honor- 
 able discharge "from the United States Navy or Marine 
 Corps. Act of July 26, 1894 (28 Stat. L., 124}. 
 
 1371. Any alien, being under the age of twenty-one Minor resi- 
 years, who has resided in the United States three years ' 6 May 26, 1824, c. 
 
 ,. , . . . L ,, , 186,s.l,v.4,p.69. 
 
 next preceding his arriving at that age, and who has con- sec.2i67,B.s. 
 tinned to reside therein to the time he may make applica- 
 tion to be admitted a citizen thereof, may, after he arrives 
 at the age of twenty-one years, and after he has resided 
 five years within the United States, including the three 
 years of his minority, be admitted a citizen of the United 
 States, without having made the declaration required in 
 the first condition of section twenty-one hundred and sixty- 
 five; but such alien shall make the declaration required 
 therein at the time of his admission; and shall further 
 declare, on oath, and prove to the satisfaction of the court, 
 
 'Aliens, honorably discharged after enlisting in our Army, are not, by such dis- 
 charge alone, made citizens, but they are thereupon entitled (under a provision of 
 the act of July 17, 1862, now section 2166, Revised Statutes) to be admitted to become 
 citizens without previous declaration of intention, upon merely presenting to the 
 proper court (see section 2165, Revised Statutes) a petition for the purpose, accom- 
 panied by proof of at least one year's residence within the United States previous to 
 the application, of good moral character, and of the fact of honorable discharge. 
 (Dig. J. A. Gen., p. 148, par. 1.) 
 
 Under the act of July 30, 1892, an enlisted man, to be eligible for promotion as 
 commissioned officer, must be a citizen of the United States. And, in order to be 
 promptly naturalized, under section 2166, Revised Statutes, he must first be honor- 
 ably discharged. So, advised that such alien, to be qualified for examination and 
 appointment under the act, should be discharged and, after naturalization, be 
 reenlisted. (Ibid., par. 3.) 
 
 The mere enlistment and honorable discharge of an alien as a soldier of our Army 
 do not per se constitute him a citizen of the United States. He must still make 
 formal petition to one of the courts, etc., specified in section 2165, Revised Statutes, 
 and present thereupon the evidence reauired by section 2166. (Ibid., 238, par. 1.) 
 
 A native-born minor is a citizen of the United States under the fourteenth amend- 
 ment of the Constitution. (Ibid., par. 2.) 
 
534 THE MILITARY LAWS OF THE UNITED STATES. 
 
 that, for two years next preceding, it has been his bona- 
 
 fide intention to become a citizen of the United States; 
 
 and he shall in all other respects comply with the laws in 
 
 regard to naturalization. 
 
 chSdren^f a de- 1372< When aii y alien > who nas complied with the first 
 cl Ma?26 1804 c con( lition specified in section twenty-one hundred and sixty- 
 4 V- 2 ^l;, p ;> 2 ^-five. dies before he is actually naturalized, the widow and 
 
 NBC. lct, it. s. ' 
 
 the children of such alien shall be considered as citizens 
 of the United States, and shall be entitled to all rights 
 and privileges as such, upon taking the oaths proscribed 1 
 by law. 
 Aliens of AM- 1373. The provisions of this Title 2 shall apply to aliens 
 
 can nativity and 
 
 descent. [being free white persons, and to aliens] of African nativity 
 
 254, sf?, vTMTpi and to persons of African descent. 
 
 256 ; Feb. 18, 1875, c. 80, v. 18, p. 318. Sec. 2169, B. S. 
 
 i5red dence re 1374. No alien shall be admitted to become a citizen who 
 42 M 8 ar i2 3 'v 81 2 3 ' c> k as n t f r ^ ne continued term of five years next preceding 
 8 4- fi his admission resided within the United States. 
 
 BMUZlVDylfoB* 
 
 Alien enemies 1375. No alien who is a native citizen or subject, or a 
 
 not admitted. 
 
 Apr. u, 1802, c. denizen of any country, state, or sovereignty with which 
 July so', im, c. the United States are at war, at the time of his applica- 
 
 sec.2ln,'R.s. tion, shall be then admitted to become a citizen of the 
 United States; but persons resident within the United 
 States, or the Territories thereof, on the eighteenth day of 
 June, in the year one thousand eight hundred and twelve, 
 who had before that day made a declaration, according to 
 law, of their intention to become citizens of the United 
 States, or who were on that day entitled to become citizens 
 without making such declaration, may be admitted to 
 become citizens thereof, notwithstanding they were alien 
 enemies at the time and in the manner prescribed by the 
 laws heretofore passed on that subject; nor shall anything 
 herein contained be taken or construed to interfere with 
 or prevent the apprehension and removal, agreeably to 
 law, of any alien enemy at any time previous to the actual 
 naturalization of such alien. 
 
 citizenship of 1376. The children of persons who have been dulv natu- 
 
 children of per- 
 sons naturalized, ralized under any law of the United States, or who, previ- 
 
 28,s! > 4,'v.2,p.i55.ous to the passing of any law on that subject, by the Gov- 
 Gordon, 6 Cr^ eminent of the United States, may have become citizens 
 fieia, i3Biatch.,of anyone of the States, under the laws thereof, being 
 33 sec.2i72,R.s. under the age of twenty-one years at the time of the natu- 
 ralization of their parents, shall, if dwelling in the United 
 States, be considered as citizens thereof; and the children 
 of persons who now are, or have been, citizens of the 
 
 1 Error in the roll ; should be prescribed. 
 
 'Title XXX, Kevised Statutes; paragraphs 1367-1379 of this work. 
 
THE MILITARY LAWS OF THE UNITED STATES. 535 
 
 United States, shall, though born out of the limits and 
 jurisdiction of the United States, be considered as citizens 
 thereof; but no person heretofore proscribed by any State, 
 or who has been legally convicted of having joined the 
 army of Great Britain during the Eevolutionary War, 
 shall be admitted to become a citizen without the consent 
 of the legislature of the State in which such person was 
 proscribed. 
 
 1377. The police court of the District of Columbia shall D f 8 t r c fctoTco f 
 have no power to naturalize foreigners. lumbia has no 
 
 power to naturalize aliens. June 17, 1870, c. 133, s. 5, v. 16, p. 154. Sec. 2173, R.S. 
 
 1378. Every seaman, being a foreigner, who declares his 
 intention of becoming a citizen of the United States 
 
 any competent court, and shall have served three years on 26 s- ec 2m R & 
 
 board of a merchant- vessel of the United States subse- 
 
 quent to the date of such declaration, may, on his applica 
 
 tion to any competent court, and the production of his 
 
 certificate of discharge and good conduct during that time, 
 
 together with the certificate of his declaration of intention 
 
 to become a citizen, be admitted a citizen of the United 
 
 States; and every seaman, being a foreigner, shall, after 
 
 his declaration of intention to become a citizen of the 
 
 United States, and after he shall have served such three 
 
 years, be deemed a citizen of the United States for the 
 
 purpose of manning and serving on board any merchant- 
 
 vessel of the United States, anything to the contrary in 
 
 any act of Congress notwithstanding; but such seaman 
 
 shall, for all purposes of protection as an American citizen, 
 
 be deemed such, after the filing of his declaration of inten- 
 
 tion to become such citizen. 1 
 
 1379. That upon the completion of said allotments and "' ]JJ 
 
 the patenting of the lands to said allottees, each and every aiiottees 
 
 dians adopting 
 
 member of the respective bands or tribes of Indians to civilized nfe. 
 
 whom allotments have been made shall have the benefit of 18*7, v. 24, P .m 
 
 and be subject to the laws, both civil and criminal, of the 
 
 State or Territory in which they may reside; and no Ter- 
 
 ritory shall pass or enforce any law denying any such 
 
 Indian within its jurisdiction the equal protection of the 
 
 law. And every Indian born within the territorial limits 
 
 of the United States to whom allotments shall have been 
 
 made under the provisions of this act, or under any law or 
 
 treaty, and every Indian born within the territorial limits 
 
 of the United States who has voluntarily taken up, within 
 
 said limits, his residence separate and apart from any tribe 
 
 of Indians therein, and has adopted the habits of civilized 
 
 1 For statutory provisions respecting seamen in the naval service of the United 
 States, see paragraph 1370, ante. 
 
536 THE MILITARY LAWS OF THE UNITED STATES. 
 
 life, is hereby declared to be a citizen of the United States, 
 and is entitled to all the rights, privileges, and immunities 
 of such citizens, whether said Indian has been or not, by 
 birth or otherwise, a member of any tribe of Indians within 
 the territorial limits of the United States without in any 
 manner impairing or otherwise affecting the right of any 
 such Indian to tribal or other property. 1 Sec. 6, act of 
 February 8, 1887 (24 Stat. L., 390.} 
 
 1 For the Indian allotment act, see the act of February 8, 1887 (24 Stat. L., 358-390). 
 
CHAPTER XXXVII. 
 
 THE INDIANS INDIAN AGENTS THE INDIAN 
 COUNTRY. 
 
 Par. 
 
 1380. Indian inspectors; term of 
 
 office. 
 
 1381. Powers and duties of 
 
 inspectors. 
 
 1382. Indian agents. 
 
 1383. Services of certain agents, 
 
 etc., to be dispensed with. 
 
 1384. The same. 
 
 1385. Salary of Indian agents. 
 
 1386. Term of office. 
 
 1387. Bonds. 
 
 1388. Duties. 
 
 1389. Indian agents to make an- 
 
 nual reports of schools,etc . 
 
 1390. Discontinuance and transfer 
 
 of agencies. 
 
 1391. Residence of Indian agents. 
 
 1392. Officers of the Army may be 
 
 required to act as Indian 
 agents. 
 
 1393. Officers of the Army to be 
 
 detailed as agents. 
 
 1394. Compensation for extra 
 
 services. 
 
 1395. Acknowledgment of deeds, 
 
 etc., by agents. 
 
 1396. Appointment of sub-Indian 
 
 agents. 
 
 1397. Limits of superintendences, 
 
 agencies, etc. 
 
 1398. Special agents and commis- 
 
 sioners. 
 
 1399. Interpreters. 
 
 1400. Preference to Indians as in- 
 
 terpreters. 
 
 1401. Instruction of Indians. 
 
 1402. When tribes may direct the 
 
 appointment of black- 
 smiths, etc. 
 
 1403. Industrial training schools 
 
 for Indian youth. 
 
 Par. 
 
 1404. Reports of schools. 
 
 1405. Discontinuance of the offices 
 
 of subagents, interpre- 
 ters, etc. 
 
 1406. No person to hold two offices ; 
 
 leave of absence. 
 
 1407. Additional security from dis- 
 
 bursing officers, etc. 
 
 1408. Compensation prescribed to 
 
 be in full. 
 
 1409. Allowance for traveling ex- 
 
 penses. 
 
 1410. Employees not to trade with 
 
 Indians. 
 
 1411. No future treaties with In- 
 
 dians. 
 
 1412. Abrogation of treaties. 
 
 1413. Payment of certain annui- 
 
 ties in coin. 
 
 1414. Payment of annuities in 
 
 goods. 
 
 1415. Purchase of goods for In- 
 
 dians. 
 
 1416. Manner of purchase. 
 
 1417. Claims for supplies. 
 
 1418. Modes of paying annuities 
 
 and distributing goods. 
 
 1419. Withholding annuities from 
 
 intoxicated persons. 
 
 1420. Army officer to be present 
 
 at delivery of annuities. 
 
 1421. Mode of disbursements. 
 
 1422. Labor required from Indians 
 
 on reservations to amount 
 of supplies ; exceptions. 
 
 1423. Rolls of Indians entitled to 
 
 supplies. 
 
 1424. Mode of distributing. 
 
 1425. Annual accounts of disburse- 
 
 ments, etc. 
 
 1426. Sales of cattle ; penalty. 
 
 537 
 
538 
 
 THE MILITAR LAWS OF THE UNITED STATES. 
 
 Par. 
 
 1427. Restriction on advances to 
 
 superintendents, etc. 
 
 1428. Misapplication of funds. 
 
 1429. Indian depredation claims; 
 
 annuities. 
 
 1430. Funds for education. 
 
 1431. Annuities to hostile Indians. 
 
 1432. Goods withheld from chiefs 
 
 who have violated treaty 
 stipulations. 
 
 1433. Moneys due Indians holding 
 
 American captives. 
 
 1434. Contracts with Indians. 
 
 1435. Payments under contracts 
 
 restricted. 
 
 1436. The same; penalty. 
 
 1437. Assignments of contracts re- 
 
 stricted. 
 
 1438. The same. 
 
 1439. Moneys due incompetent or 
 
 orphan Indians. 
 
 1440. Number of Indians present 
 
 at issues to be reported. 
 
 1441. Army rations for Indians. 
 
 1442. Sending seditious messages ; 
 
 penalty. 
 
 1443. Carrying seditious mes- 
 
 sages; penalty. 
 
 1444. Correspondence with foreign 
 
 nations to excite Indians 
 to war ; penalty. 
 
 1445. General superintendence by 
 
 the President over tribes 
 removed west of the Mis- 
 sissippi. 
 
 1446. Survey of Indian reserva- 
 
 tions. 
 
 1447. White men marrying Indian 
 
 women not to acquire 
 tribal rights. 
 
 1448. Indian women marrying 
 
 white men to become citi- 
 zens. 
 
 1449. Evidence of marriage. 
 
 1450. Purchases or grants from 
 
 Indians. 
 
 1451. Driving stock to feed on In- 
 
 dian lands. 
 
 1452. Settling on or surveying 
 
 lands belonging to Indians 
 by treaty. 
 
 1453. Protection of Indians desir- 
 
 ing civilized life. 
 
 1454. Citizenship to be accorded 
 
 to allottees and Indians 
 adopting civilized life. 
 
 Par. 
 1455. 
 
 1456. 
 
 1458. 
 1459. 
 1460. 
 1461. 
 1462. 
 
 1463. 
 1464. 
 1465. 
 1466. 
 1467. 
 
 1468. 
 1469. 
 
 1470. 
 1471. 
 
 1472. 
 1473. 
 1474. 
 
 1475. 
 
 1476, 
 
 1477. 
 
 1478, 
 1479, 
 1480. 
 
 1481, 
 
 Indians trespassing upon 
 lands of civilized Indians. 
 
 Suspension of chief for tres- 
 pass. 
 
 Sale of buildings belonging 
 to the United States. 
 
 Sale of land with buildings. 
 
 Penalties, how recovered. 
 
 Proceedings against goods. 
 
 Burden of proof. 
 
 Sale of cattle by Indian 
 agents. 
 
 Trading with Indians. 
 
 License to trade. 
 
 Refusal of license. 
 
 Revocation of license. 
 
 Prohibition of trade by the 
 President. 
 
 Penalty for trading without 
 a license. 
 
 Penalty for foreigners enter- 
 ing Indian country with- 
 out passports. 
 
 Prohibited purchases and 
 sales. 
 
 Trading in arms, etc., in dis- 
 trict occupied by uncivi- 
 lized or hostile Indians; 
 penalty. 
 
 Prohibition of hunting on 
 Indian lauds. 
 
 Penalty for removing cattle 
 from Indian country. 
 
 Introduction of intoxicating 
 liquors into Indian coun- 
 try prohibited; penalty; 
 exception in favor of War 
 Department. 
 
 Officers and soldiers, etc., 
 not to barter, donate, or 
 furnish liquor, wine, 
 beer, etc., to Indians upon 
 reservation. 
 
 Power of superintendents, 
 agents, and post com- 
 manders, etc., to search 
 for concealed liquors. 
 
 Penalty for setting up dis- 
 tillery in Indian country. 
 
 Assault; penalty. 
 
 Arson. 
 
 Forgery and depredations on 
 mails. 
 
 General laws respecting 
 crimes extended to Indian 
 country. 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 539 
 
 Par. 
 
 1482. Exceptions to operation of 
 
 preceding sections. 
 
 1483. Removal of persons. 
 
 1484. Penalty for return. 
 
 1485. Removal from reservations. 
 
 1486. Penalty for timber depreda- 
 
 tions. 
 
 1487. Army officers, etc., prohib- 
 
 ited from giving permis- 
 sion to Indians to go into 
 the State of Texas. 
 
 1488. Employment of military 
 
 force in apprehending per- 
 sons violating the law. 
 
 1489. Detention of persons appre- 
 
 hended by military. 
 
 1490. Arrest of absconding Indians 
 
 guilty of crime. 
 
 Par. 
 
 1491. Executing process. 
 
 1492. Reparation for inj ured prop- 
 
 erty. 
 
 1493. Payment where offender is 
 
 unable to make same. 
 
 1494. Injuries to property by In- 
 
 dians. 
 
 1495. Superintendents, etc., 
 
 authorized to take deposi- 
 tions. 
 
 1496. Indians committing certain 
 
 crimes to be subject to the 
 laws. 
 
 1497. Assaults upon officials ; pen- 
 
 alty. 
 
 1498. Marshals to execute process 
 
 in Indian Territory. 
 1499. 1500. The Indian police. 
 
 INDIAN INSPECTORS AND INDIAN AGENTS. 
 
 1380. There shall be appointed by the President, by and 
 with the advice and consent of the Senate, a sufficient 
 number of Indian inspectors, not exceeding five 1 in num- 
 ber, to perform the duties required of such inspectors by 
 the provisions of this Title. Each inspector shall hold 
 his office for four years, unless sooner removed by the 
 President. 
 
 1381. Each Indian superin tendency and agency shall be 
 visited and examined as often as twice a year 2 by one or or J- Md 
 more of the inspectors. Such examination shall extend to 13 ^ a 8 r s ' 
 a full investigation of all matters pertaining to the business l %P p 
 of the supermtendency or agency, including an examina- 
 tion of accounts, the manner of expending money, the 
 number of Indians provided for, contracts of all kinds 
 connected with the business, the condition of the Indians, 
 their advancement in civilization, the extent of the reserva- 
 tions, and what use is made of the lands set apart for that 
 purpose, and, generally, all matters pertaining to the Indian 
 service. For the purpose of making such investigations, 
 each inspector shall have power to examine all books, 
 papers, and vouchers, to administer oaths, and to examine 
 
 on oath all officers and persons employed in the superin- 
 tendency or agency, and all such other persons as he may 
 deem necessary or proper. The inspectors, or any of them, 
 shall have power to suspend any superintendent or agent 
 
 JBy the act of March 3, 1875 (18 Stat. L., ch. 132, sec. 1. p. 420), the number of com- 
 missioners was reduced to three. For powers and duties of the Secretary of the 
 Interior respecting Indian affairs, see paragraphs 372-374, ante. 
 
 2 The act of March 3, 1875 (18 Stat. L., p. 422), repeals this requirement. 
 
 Sec. 2043, B.S 
 
 ^ 87 |' - 
 ' 
 
540 THE MILITARY LAWS OF THE UNITED STATES. 
 
 or employe^ and to designate some person in bis place 
 temporarily, subject to the approval of the President, 
 making immediate report of such suspension and designa- 
 tion; and upon the conclusion of each examination a 
 report shall be forwarded to the President without delay. 
 The inspectors, in the discharge of their duties, jointly 
 and individually, shall have power, by proper legal pro- 
 ceedings, which it shall be the duty of the district 
 attorney of the United States for the appropriate district 
 duly to effectuate, to enforce the laws, and to prevent the 
 violation of law in the administration of affairs in the 
 several agencies and superintendencies. So far as practi- 
 cable, the examinations of the agencies and superintend- 
 encies shall be made alternately by different inspectors, so 
 that the same agency or super in tendency may not be 
 examined twice in succession by the same inspector or 
 inspectors. 
 S^ian agent*.. 1382. The President is authorized to appoint from time 
 
 Jt?6D. 14, Jo/o, C. 
 
 138, s. i. v. IT. p. to time, by and with the advice and consent of the Senate, 
 
 437; June 22, 1874, 
 
 c. 389, v. is, p. 147. the following Indian agents: 
 
 Sec. 2052, B.S. _, _ *L 
 
 Three for the tribes in Oregon. 
 
 Fourteen for the tribes east of the Eocky Mountains, and 
 north of New Mexico and Texas. 
 Seven for the tribes in New Mexico- 
 Three for the tribes in the Territory of Washington. 
 One for the tribes in Kansas. 
 One for the Kickapoos. 
 One for the Delawares. 
 Two for the tribes in Utah- 
 One for the Poncas. 
 
 One for the Pawnees in Nebraska, each with an annual 
 salary of fifteen hundred dollars. 
 
 Four for the tribes in California, at an annual salary of 
 eighteen hundred dollars each. 
 Three for the tribes in Texas. 
 
 One for the Wichitas and neighboring tribes west of the 
 Choctaws and Chickasaws, at an annual salary of one 
 thousand dollars. 
 
 ta^7geZ f e C tc r ; 1383 - Jt sh all be the duty of the President to dispense 
 to t be dispensed W i tll tue ser vices of such Indian agents and superintend- 
 & 22? 3 i874, ents as mav be practicable; and where it is practicable 
 j u 3 ne V 22, 8 i874 14 c: ^ Q slia11 squire the same person to perform the duties of 
 289, v.i s,' p. 177. two agencies or superintendencies for one salary. 
 
 Th C eS. E ' 8 ' 1384 - Whenever any one or more of the super inten den- 
 c-SeXe^.w! cies is abolished by law, or discontinued by the President, 
 36 sc. 2054, U.S. ^ ae Indian agents in such superintendencies shall report 
 directly to the Commissioner of Indian Affairs. 
 
ps; 
 Apr. s, ISM, <,,.. 4, v. 13, p. 40. Sec. 2050, B.S. 
 
 THE MILITARY LAWS OF THE UNITED STATES. 541 
 
 1385. Each Indian agent shall be entitled to receive a 
 salary at the rate of fifteen hundred dollars a year [except 13 Tj 
 
 as herein other wise provided for]. * Feb - 27 ' 1877 - c - 69 ' v - 19 ' P- 244 - *& 2055, R.I; 
 
 1386. Each Indian agent shall hold his office for the term Term of office. 
 of four years [and until his successor is duly appointed 
 
 and qualified.] 1 
 
 1387. Each Indian agent, before entering upon the duties p 1851 c 
 of his office, shall give bond in such penalties and with^- 6 '*-^^ 
 such security as the President or the Secretary of the Inte- J^.s.id, v.islp." 
 rior may require. Sec. 2057, R.S. 
 
 1388. Each Indian agent shall, within his agency, man- j,"*^ 1834 
 age and superintend the intercourse with the Indians, ^J 62 ^^'^' 
 agreeably to law : and execute and perform such regula- 5. ie, s. 4 y! 9 ,p! 
 
 736 , r eb. 2<, 1851, 
 
 tions and duties, not inconsistent with law, as may be c. u, s. 5. v. 9, p. 
 
 587 Mar 3 1875 
 
 prescribed by the President, the Secretary of the Interior, 0.132, as. '4, '5, 
 the Commissioner of Indian Affairs, or the superintendent 
 of Indian Affairs. 2 
 
 1389. That hereafter each Indian agent be required, in 
 
 his annual report, to submit a census of the Indians at his ^port of schools, 
 agency or upon the reservation under his charge, the num- July 4, 1884, 8 . 
 ber of males above eighteen years of age, the number of '" 
 females above fourteen years of age, the number of school 
 children between the ages of six and sixteen years, the 
 number of school-houses at his agency, the number of 
 schools in operation and the attendance at each, and the 
 names of teachers employed and salaries paid such teachers. 
 Sec. 9, act of July 4, 1884 (23 Stat. L., 98). 
 
 1390. The President shall, whenever he may judge it 
 expedient, discontinue any Indian agency, or transfer 
 
 1834 o 
 
 same, from the place or tribe designated by law, to such i, s. 4, v. 4, Y. 
 other place or tribe as the public service may require. 3 ' s'ec.2069,R.s. 
 
 1391. Every Indian agent shall reside and keep his ln ^ d ^ ts of 
 agency within or near the territory of the tribe for which ^2 060 B s 
 he may be agent, and at such place as the President may 
 designate, and shall not depart from the limits of his 
 
 agency without permission. 
 
 1392. The President may require any military officer of 
 
 the United States to execute the duties of an Indian agent ; a u v;e<i to' act as 
 
 ' Indian agents, 
 
 and when such duties are required of any military officer, June3o,i834,c. 
 he shall perform the same without any other compensation pp:S&-737Y 
 than his actual traveling expenses. Sec. 2002, . . 
 
 Amended by the insertion of the words in brackets by the act of May 17, 1882 
 (22 Stat. L., 87). 
 
 2 In this connection see acts of June 22, 1874 (18 Stat. L., 173), March 3,1875 (18 
 Stat. L., 420), July 4, 1884 (23 Stat. L., 98), and the annual appropriation bills. See also 
 Minis v. TJ. S., 15 Pet., 423. 
 
 Eor Indian police see act of May 27, 1878 (20 Stat. L., 86). For provisions relating 
 to the protection of officials of the United States in the Indian Territory, see the act 
 of Jime9, 1888 (25 Stat. L., 178). The act of March 2, 1887 (24 Stat. L., 463), provides 
 that the Indian police arc to be employed in maintaining order and prohibiting ille- 
 gal traffic in liquor on the several Indian reservations and within the Territory of 
 Alaska, in the discretion of the Secretary of the Interior! See, in this ccunection, 
 paragraphs 1499 and 1500,po,vt. 
 
 3 Seo act of March 1, Ift83 (22 Stat, L., 451), 
 
542 THE MILITARY LAWS OF THE UNITED STATES, 
 
 officers of the 1393. That from and after the passage of this act the 
 
 Array to be de- 
 tailed as agents; President shall detail officers of the Uiiited States Army 
 
 exception. 
 
 jui.vw, 1892, v. to act as Indian agents at all agencies where vacancies 
 from any cause may hereafter occur, who, while acting as 
 such agents, shall be under the orders and direction of the 
 Secretary of the Interior, except at agencies where, in the 
 opinion of the President, the public service would be better 
 promoted by the appointment of a civilian. 1 Act of July 
 13, 1892 (27 Stat. L., 120}. 
 
 for tea 8 ser\* 1394. Ko compensation beyond their actual expenses for 
 
 iC May 31 1832 c. ex ^ ra services shall be allowed any Indian agent or sub- 
 
 109, s. 2, v. 4, p. agent for services when doing duty under the order of the 
 
 sec. sees, B.S. Government, detached from their agency and the boundary 
 
 of the tribe to which they are agents or sub-agents. 
 mOTt k of w dt2fi; 1395 - Indian agents are authorized to take acknowledg- 
 et Mar y 3 a| i855 8 c men ts of deeds, and other instruments of writing, and to 
 204, s. 10, v. 10, P . administer oaths in investigations committed to them in 
 sec. 2064, B.s. Indian country, pursuant to such rules and regulations as 
 maybe prescribed for that purpose, by the Secretary of the 
 Interior; and acknowledgments so taken shall have the 
 same effect as if taken before a justice of the peace. 
 Appointment 1396. A competent number of sub-Indian agents shall be 
 
 of sub-Indian 
 
 ag jSne3o 1834 c a PP olnteo - ^y the President, with a salary of one thousand 
 
 162, s. 5,V. 4, 'p.' dollars a year each, to be employed, and to reside wherever 
 
 Sec. 2065, R.S. the President may direct, and who shall give bonds, with 
 
 one or more sureties, in the penal sum of one thousand 
 
 dollars, for the faithful execution of their duties. But no 
 
 sub-agent shall be appointed who shall reside within the 
 
 limits of any agency where there is an agent appointed. 
 
 1397< The limits of each superintendency, agency, and 
 su b- a g enc y shall be established by the Secretary of the 
 June3o,i834,c. Interior, either by tribes or geographical boundaries. 
 
 162, s. 7, v. 4, p. 736 ; Mar. 3 1847, c. 66, s. 1, v. 9, p. 203. Sec. 2066, B. S. 
 
 and P commSn S 1398 A11 special agents and commissioners not ap- 
 er Mar. 3, 1863, c. P ointed b 7 tue President shall be appointed by the Secre- 
 
 of the lnt e ri <>r. 
 
 I 399 - An interpreter shall be allowed to each agency. 
 162, s. 9, V. 4, 'p. Where there are different tribes in the same agency, speak- 
 2068, B.S. ing different languages, one interpreter maybe allowed, at 
 the discretion of the Secretary of the Interior, for each of 
 such tribes. Interpreters shall be nominated, by the proper 
 agents, to the Department of the Interior for approval, 
 and may be suspended by the agent from pay and duty, 
 
 1 The act of August 15, 1894 (28 Stat. L., 288), contains a proviso to the effect that 
 certain appropriations "shall not take effect or become available in any case for or 
 during the time in which any officer of the Army of the United States shall be en- 
 gaged in the performance of the duties of Indian agent at any of the agencies above 
 named." This provision was repeated in the acts of March 2, 1895 (28 Stat. L., 878), 
 and June 10, 1896 (29 Stat, L., 323). 
 
THE MILITARY LAWS OF THE UNITED STATES. 543 
 
 and the circumstances reported to the Department of the 
 Interior for final action. 
 
 1400. In all cases of the appointments of interpreters or In *|2j^!g;J ^ 
 other persons employed for the benefit of the Indians, a te 5P^|Ji 8 - 1834 c 
 preference shall be given to persons of Indian descent, if 162, s. 9,V. 4, 'p. 
 such can be found, who are properly qualified for the exe- sec. 2069, B.S. 
 cution of the duties. 
 
 INDIAN SCHOOLS. 
 
 1401. The President may, in every case where he shall In T d n i ^ r s uotio11 of 
 judge improvement in the habits and condition of such 85 ^. a ]j- ^ 9 ' c - 
 Indians practicable, and that the means of instruction can sec. 2071, R.S. 
 be introduced with their own consent, employ capable per- 
 sons of good moral character to instruct them in the mode 
 
 of agriculture suited to their situation ; and for teaching 
 their children in reading, writing, and arithmetic, and per- 
 forming such other duties as may be enjoined according to 
 such instructions and rules as the President may give and 
 prescribe for the regulation of their conduct, in the dis- 
 charge of their duties. A report of the proceedings adopted 
 in the execution of this provision shall be annually laid 
 before Congress. 1 
 
 1402. Where any of the tribes are, in the opinion of the m ^ h ^ re t c f b t ^| 
 Secretary of the Interior, competent to direct the employ- SkEths etc 
 ineiit of their blacksmiths, mechanics, teachers, farmers, 16 2 U s e 9'v 8 4 4 'p* 
 or other persons engaged for them, the direction of such 73 ^ c 2072 R ' g 
 persons may be given to the proper authority of the tribe. 
 
 1403. That the Secretary of War be, and he is hereby, industrial 
 
 ' training schools 
 
 authorized to set aside, for use in the establishment of nor- for Indian youth. 
 mal and industrial training-schools for Indian youth froni22, P .i8i.' 
 the nomadic tribes having educational treaty claims upon 
 the United States, any vacant posts or barracks, so long 
 
 * Held (April, 1879) to be at least doubtful whether the authority of the President 
 as Commander in Chief could legally be extended to the ordering of an officer of the 
 Army upon the purely civil duty ot instructing Indian youth, unless, indeed, such 
 instruction was to be given by him as a professor of a college, etc., under section 
 1225, Revised Statutes. Special duties of an exclusively civil character, where 
 intended to be anything more than merely temporary, have in general been devolved 
 upon military officers only by the authority of express legislation as, for example, 
 in the cases provided for by sections 1225, 2062, 2190, and 4687, Revised Statutes, in 
 which authority has been given by Congress for the employment of officers of the 
 Army as professors, etc., of colleges, Indian agents, and assistants in taking the 
 census (a) and on the coast survey. So, advised, that, if thought expedient to de- 
 volve upon military officers the function of the instruction of Indian youth, specific 
 authority be obtained from Congress for the purpose. (b) (Dig. J A. Gen., 164, par. 8.) 
 
 The industrial training school for the Chilocco Indians not being established "at a 
 vacant military post or barracks set aside for its use by the Secretary of War," held 
 that the Secretary would not be authorized to detail an officer of the Army for duty 
 there "in connection with Indian education," under the act of July 3, 1882, chap- 
 ter 363. (Ibid., 15, par. 11.) 
 
 a See G. O. 39, Headquarters of Army, 1880. 
 
 ft Congress was accordingly resorted to for authority in this instance, and, by the 
 act of June 23, 1879, chapter 35, section 7, the Secretary of War was specially em- 
 
 Sowered "to detail an officer of the Army not aboA^e the rank of captain for special 
 uty with reference to Indian education." A detail was made accordingly, by 
 S. 0. 194, Headquarters of Army, of August 23 following. 
 
544 THE MILITARY LAWS OF THE UNITED STATES. 
 
 as they may not be required for military occupation, and 
 to detail one or more officers of the Army for duty in con- 
 nection with Indian education, under the direction of the 
 Secretary of the Interior, at each such school so estab- 
 lished : Provided, That moneys appropriated or to be appro- 
 priated for general purposes of education among the Indians 
 may be expended, under the direction of the Secretary of 
 the Interior, for the education of Indian youth at such 
 posts, institutions, and schools as he may consider advan- 
 tageous, or as .Congress from time to time may authorize 
 and provide. Act of July 31, 1882 (22 Stat. L., 181}. 
 
 Reports of 1404. That the Secretary of the Interior shall report 
 
 8C Mar. 8 2, IBS?, v. annually, on or before the first Monday of December of 
 
 24, p. 465. each year, in what manner and for what purposes the gen- 
 
 eral education fund for the preceding fiscal year has been 
 
 expended; and said report shall embrace the number and 
 
 kind of school-houses erected, and their cost, as well as cost 
 
 of repairs, names of every teacher employed, and compen- 
 
 sation allowed, the location of each school, and the average 
 
 consent of par- attendance at each school: Always provided, That no part 
 of the money appropriated by this act shall be expended in 
 the transportation from or support of Indian pupils or 
 children off their reservations, respectively, if removed 
 without the free consent of their parents or those standing 
 in that relation to them by their tribal laws respectively. 
 Act of March 2, 1887 (24 Stat. L., 465). 
 
 Discontinu- 1405. The Secretary of the Interior shall, under the 
 
 ance of the offices 
 
 of Rubageiits, in direction of the President, cause to be discontinued the 
 
 terpreters, etc. 
 
 July 9, 1832, c. services of such agents, I sub-agents, interpreters, and 
 
 174, s. 5, v. 4, p. , . ' , . , 
 
 564; Feb. 27, 1877, mechanics, as may from time to time become unnecessary, 
 c sec! 207 s* R. si in consequence of the \immigration\ [emigration! of the 
 
 Indians, or other causes. 
 NO person to 1406. No person shall hold more than one office at the 
 
 hold two officee 
 
 leave of absence, same time under this Title, nor shall any agent, sub agent, 
 
 June 30, 1834. c, J 
 
 162, s. 10, v. 4, p. interpreter, or person employed under this Title, receive 
 
 :sec.2074,R.s. his salary while absent from his agency or employment, with- 
 
 out leave of the superintendent, or Secretary of the Interior; 
 
 but such absence shall at no time exceed sixty days. 
 
 Additional se 1407. The President may, from time to time, require 
 
 curity from dis , ,... 
 
 buroing officers, additional security, and in larger amounts, irom all per- 
 
 juneso, 1834. c. sons charged or trusted, under the laws of the United 
 
 p States, with the disbursement or application of money, 
 
 5 ' . goods, or effects of any kind, on account of Indian affairs. 
 
 b! 1408i Tne several compensations prescribed by this Title 
 in full. shall be in full of all emoluments or allowances whatsoever. 
 
 JuneSO, 1834, c. T) . , , . .. 
 
 162.8. 10, v. 4, p. Hut where necessary, a reasonable allowance or provision 
 73 *ec.207G,B.s, may be made for offices and office contingencies. 
 
THE MILITARY LAWS OP THE UNITED STATES. 545 
 
 1409. Where persons are required, in the performance of 
 
 their duties, under this Title, to travel from one place to pe j^JJ 30 1834 c 
 another, their actual expenses, or a reasonable sum in lieu i2, s. io,'v. 4,'p. 
 thereof, maybe allowed them, except that no allowance Minis ^ g u- s., 
 shall be made to any person for travel or expenses in com- Sec.20i7JR.s. 
 ing to the seat of Government to settle his accounts, unless 
 thereto required by the Secretary of the Interior. 
 
 1410. No person employed in Indian affairs shall have 
 
 any interest or concern in any trade with the Indians, 1834 c 
 
 except for, and on account of, the United States; and any 162, s. i4,V 4,' P ! 
 person offending herein, shall be liable to a penalty of five s'ec.2078,R.s. 
 thousand dollars, and shall be removed from his office. 1 
 
 PERFORMANCE OF ENGAGEMENTS BETWEEN THE UNITED 
 STATES AND INDIANS. 
 
 1411. No Indian nation or tribe within the territory of tie ^J| 1 t t h u ^ n t d r f a a n 
 the United States shall be acknowledged or recognized as tri ^ 8 r - 3 1871 o 
 an independent nation, tribe, or power with whom 
 
 United States may contract by treaty; but no obligation 
 any treaty lawfully made and ratified with any such Indian 1'. ISTO, 0.122, 
 nation or tribe prior to March third, eighteen hundred and Sec. 2679, R.S. 
 seventy -one, shall be hereby invalidated or impaired. 
 
 1412. Whenever the tribal organization of any Indian tr ^ 8 gation of 
 tribe is in actual hostility to the United States, the Presi- *afyk,un, c. 
 dent is authorized, by proclamation, to declare all treaties 52s! 
 
 with such tribe abrogated by such tribe, if in his opinion 
 the same can be done consistently with good faith and legal 
 and national obligations. 
 
 1413. The Secretary of the Treasury is authorized to pay Payment of 
 
 - rf certain annuities 
 
 m coin such ot the annuities as by the terms of any treaty in coin. 
 
 of the United States with any Indian tribe are required to 127, f. V v. 13,' p! 
 
 , . , . . 561. 
 
 be paid in com. sec.208i,R.s. 
 
 1414. The President may, at the request of any Indian Payment of an- 
 
 . * nuities in goods. 
 
 tribe, to which any annuity is payable in money, cause the Juneso, 1334, c. 
 
 , . -, . T , , -i -i j -i 162, 8. 12, v. 4, p. 
 
 same to be paid in goods, purchased as provided in the 737. 
 
 ,. Sec. 2082, B.S. 
 
 next section. 
 
 1415. All merchandise 'required by any Indian treaty for Purchase of 
 
 ., T ,. , , c , .MI goods for the In- 
 
 the Indians, payable after making of such treaty, shall bedians. 
 
 , ,, ,. ,. :; -, June 30, 1834, c. 
 
 purchased tinder the direction of the Secretary of the Inte- 102, s. 13, v. 4, p. 
 rior, upon proposals to be received, to be based on notices c 339, v n i8, P '!i 76 1 
 previously to be given ; and all merchandise required at the i32, r 's 3 7, v 8? i 5 8, p.' 
 making of any Indian treaty shall be purchased under the cSsgfv" ib^S'. 
 order of the Commissioner of Indian Affairs by such person Sec ' 2083 ' B ' s * 
 
 'For statutes authorizing allotments of land in soveralty to Indians see the acts 
 of February 8, 1887 (24 Stat. L., 388) ; section 2, act of March 2, 188.0 (25 Stat. L.. 998) ; 
 Feb. 28, 1891 (26 Stat. L., 795) ; May 30, 1894 (28 Stat. L., 84) ; and March 2, 1895, ibid, 894. 
 
 1919 -- 35 
 
546 THE MILITARY LAWS OF THE UNITED STATES. 
 
 as lie shall appoint. All other purchases on account of the 
 Indians, and all payments to them of money or goods, shall 
 be made by such person as the President shall designate 
 for that purpose. 
 
 ]sf o goods shall be purchased by the Office of Indian 
 
 iy 5, 1862, c. Affairs, or its agents, for any tribe, except upon the written 
 529. ' requisition of the superintendent in charge of the tribe, and 
 
 ' only upon public bids in the mode prescribed by the pre- 
 ceding section. 
 
 claims for sup- 1417. No claims for supplies for Indians, purchased with- 
 
 p j e niy 15, WTO, c. ou fc authority of law, shall be paid out of any appropria- 
 
 tion for expenses of the Office of Indian Affairs, or for 
 
 Sec* 2085, R. S. 
 
 Indians. 
 
 s 1418> Tne payment of all moneys and the distribution of 
 a oods istributing a ^ gds stipulated to be furnished to any Indians, or tribe 
 i62 U 8 ne ii v 8 4 4 'p' of In dians, SDa11 be ma de in one f the following ways, as 
 737^ 8 Mar. 3', is*?', the President or the Secretary of the Interior may direct: 
 203 ;'A 8 ug'.36, IBS?,' First. To the chiefs of a tribe, for the tribe. 
 56; July 15, 1870,' Second. In cases where the imperious interest of the tribe 
 i6, p 96 36ot Mar 3'. or the individuals intended to be benefited, or any treaty 
 ll^m', S AuJ stipulation, requires the intervention of an agency, then to 
 i9, P 8 i96 C ' 289)V ' such person as the tribe shall appoint to receive such mon- 
 Sec.2086, B. s. evg Qr g OO( j s . or jf several persons be appointed, then 
 
 upon the joint order or receipt of such persons. 
 
 Third. To the heads of the families and to the individ- 
 uals entitled to participate in the moneys or goods. 
 
 Fourth. By consent of the tribe, such moneys or goods 
 may be applied directly, under such regulations, not in- 
 consistent with treaty stipulations, as may be prescribed 
 by the Secretary of the Interior, to such purposes as will 
 best promote the happiness and prosperity of the members 
 of the tribe, and will encourage able-bodied Indians in the 
 habits of industry and peace. 
 
 ofSn?ttes d from 1*10. No annuities, or moneys, or goods, shall be paid or 
 
 8 ons xicated per distributed to Indians while they are under the influence 
 
 ee^T vVp 4 ^ f anv description of intoxicating liquor, norwhile there 
 
 Sec.2oV7,ii.s. are good and sufficient reasons leading the officers or 
 
 agents, whose duty it may be to make such payments or 
 
 distribution, to believe that there is any species of intoxi- 
 
 cating liquor within convenient reach of the Indians, nor 
 
 until the chiefs arid head-men of the tribe shall have 
 
 pledged themselves to use all their influence and to make 
 
 all proper exertions to prevent the introduction and sale 
 
 of such liquor in their country. 
 
 be A 7rLent er at 142a The superintendent, agent, or sub-agent, together 
 f an ' w ^ sucl1 militai T officer as the President may direct, shall 
 
THE MILITARY LAWS OF THE UNITED STATES. 547 
 
 be present, and certify to the delivery of all goods and j vm6 30, i834,c. 
 money required to be paid or delivered to the Indians. MimsV.' 4 i?.' 7 s!,' 
 
 15 Pet., 423. Sec.2088,B.S. 
 
 1421. At the discretion of the President all disbursements di8 ' 
 
 of moneys, whether for annuities, or otherwise, to 
 
 treaty stipulations with individual Indians or Indian tribes, secl20S9, is. $'. 
 
 shall be made in person by the superintendents of Indian 
 
 affairs, where superintendences exist, to all Indians or 
 
 tribes within the limits of their respective superinteudeu- 
 
 cies, in the presence of the local agents and interpreters, 
 
 who shall witness the same, under such regulations as the 
 
 Secretary of the Interior may direct. 
 
 1422. That for the purpose of inducing Indians to labor Labor required 
 
 from Indians on 
 
 and become self-supporting, it is provided that hereafter, reservations to 
 
 7 amount of sup- 
 
 in distributing the supplies and annuities to the Indians lies. 
 
 for whom the same are appropriated, the agent distributing ISTS, v. is, p. 449.' 
 
 the same shall require all able-bodied male Indians between 
 
 the ages of eighteen and forty- five to perform service 
 
 upon the reservation, for the benefit of themselves or of 
 
 the tribe, at a reasonable rate, to be fixed by the agent in 
 
 charge, and to an amount equal in value to the supplies 
 
 to be delivered ; and the allowances provided for such In- 
 
 dians shall be distributed to them only upon condition of 
 
 the performance of such labor, under such rules and regu- 
 
 lations as the agent may prescribe: Provided, That the 
 
 Secretary of the Interior may, by written order, except Exceptions 
 
 from labor rule. 
 
 any particular tribe, or portion of tribe, from the operation 
 of this provision where he deems it proper and expedient. 
 Sec. 3, act of March 3, 1875 (18 Stat. L., 449). 
 
 1423. That hereafter, for the purpose of properlv dis- Rolls of Indi - 
 
 ans entitled to 
 
 tributing the supplies appropriated for the Indian service, 
 
 it is hereby made the duty of each agent m charge of In- 
 
 dians and having supplies to distribute, to make out, at 
 
 the commencement of each fiscal year, rolls of the Indians 
 
 entitled to supplies at the agency, with the names of the 
 
 Indians and of the heads of families or lodges, with the 
 
 number in each family or lodge, and to give out supplies .Supplies, how 
 
 to the heads of families, and not to the heads of tribes or gl 
 
 bands, and not to give out supplies for a greater length of 
 
 time than one week in advance. Sec. 4, ibid. 
 
 1424. Whenever goods and merchandise are delivered to 
 the chiefs of a tribe, for the tribe, such goods and mer- 
 chandise shall be turned over by the agent or superintend- 39 j c 290 R ' 
 ent of such tribe to the chiefs in bulk, and in the original 
 package, as nearly as practicable, and in the presence of 
 
 the head-men of the tribe, if practicable, to be distributed 
 
548 THE MILITARY LAWS OP THE UNITED STATES. 
 
 to the tribe by the chiefs in such manner as the chiefs may 
 
 deem best, in the presence of the agent or superintendent. 
 
 Annual ac- 1425. All persons whatsoever, charged or trusted with 
 
 counts of dis- , . . ,. 
 
 bursements, etc. the disbursement or application 01 money, goods, or enects 
 c . IG^S. is, V. 4, pi of any kind for the benefit of the Indians, shall settle their 
 c?ife^!? 1 'v.'if!p > . accounts, annually, at the Department of the Interior on 
 4 sec.209i.,R.s. the first day of October 5 and copies of the same shall be 
 laid before Congress at the commencement of the ensuing 
 session, by the proper accounting officers; together with a 
 list of the names of all persons to whom money, goods, or 
 effects have been delivered within the preceding year, for 
 the benefit of the Indians, specifying the amount and ob- 
 ject for which they were intended, and showing who are 
 delinquents, if any, in forwarding their accounts according 
 to the provisions of this section; and, also, with a list of 
 the names of all persons appointed or employed under this 
 Title, with the dates of their appointment or employment, 
 and the salary and pay of each. 1 
 
 Sales of cattle,- 1426. That where Indians are in possession or control of 
 July*. 1884, v. cattle or their increase which have been purchased by the 
 Government such cattle shall not be sold to any person not 
 a member of the tribe to which the owners of the cattle 
 belong or to any citizen of the United States whether inter- 
 married with the Indians or not except with the consent in 
 writing of the agent of the tribe to which the owner or 
 possessor of the cattle belongs. And all sales made in 
 violation of this provision shall be void and the offending 
 purchaser on conviction thereof shall be fined not less 
 than five hundred dollars and imprisoned not less than six 
 months. Act of July 4, 1SS4 (23 Stat. L., 94). 
 Restriction on 1427. No superintendent of Indian affairs, or Indian 
 
 advances to su- *- ' 
 
 perinten dents, agent, or other disbursing officer in such service, shall have 
 
 j'une27, 1846, c. advanced to him, on Indian or public account, any money 
 
 sec.2092, p B. s. to be disbursed in future, until such superintendent, agent, 
 
 or officer in such service has settled his accounts of the 
 
 1 Section 8 of the act of July 4, 1884 (23 Stat. L., 97), provides, that any disbursing 
 or other officer of the United States, or other person, who shall knowingly present, 
 or cause to be presented, any voucher, account, or claim to any officer of the United 
 States, for approval or payment, or for the purpose of securing a credit in any ac- 
 count with the United States, relating to any matter pertaining to the Indian serv- 
 ice, which shall contain any material misrepresentation of fact in regard to the 
 amount due or paid, the name or character of the article furnished or received, or of 
 the service rendered, or to the date of purchase, delivery, or performance of service, 
 or in any other particular, shall not be entitled to payment or credit for any part of 
 said voucher, account, or claim; and if any such credit shall be given or received, 
 or payment made, the United States may recharge the same to the officer or person 
 receiving the credit or payment, and recover the amount from either or from both, 
 in the same manner as other debts due the United States are collected: Provided, 
 That where an account contains more than one voucher the foregoing shall apply 
 only to such vouchers as contain the misrepresentation: And provided further, That 
 the officers and persons by and between whom the business is transacted shall, in 
 all civil actions in settlement of accounts, be presumed to know the facts in rela- 
 tion to the matter set forth in the voucher, account, or claim : And provided further, 
 That the foregoing shall be in addition to the penalties now prescribed by law, and 
 in no way affect proceedings under existing law for like offenses. That where prac- 
 ticable this section shall be printed ou the blank forma of vouchers provided for 
 general use. 
 
THE MILITARY LAWS OF THE UNITED STATES. 549 
 
 preceding year, and has satisfactorily shown that all bal- 
 ances in favor of the Government, which may appear to be 
 in his hands, are ready to be paid over on the order of the 
 Secretary of the Interior. 
 
 1428. No funds belonging to any Indian tribe with which of ^Sff 8 plication 
 treaty relations exist shall be applied in any manner n ^ 6 J l \ ly 2 2 Vi4 6 'p' 
 authorized by such treaty, or by express provisions of law ; 28 J- ec 2Q97 R s 
 nor shall money appropriated to execute a treaty be trans- 
 
 ferred or applied to any other purpose, unless expressly 
 authorized by law. 
 
 1429. No part of the moneys which may be appropriated tion^Mms re fS 
 in any general act or deficiency bill making appropriations nT jjj, es - 15 im c 
 for the current and contingent expenses incurred in Indian 296, 8 . 4, V. i6,' P . 
 affairs, to pay annuities due to or to be used and expended s'ec. soos, R. s. 
 for the care and benefit of any tribe or tribes of Indians, 
 
 shall be applied to the payment of any claim for depreda- 
 tions that may have been or may be committed by such 
 tribe or tribes, or any member or members thereof. No 
 claims for Indian depredations shall be paid until Congress 
 shall make special appropriation therefor. 
 
 1430. No moneys which may be appropriated for the d8 for edu " 
 
 purposes of education among the Indian tribes shall be July 29, 1848, c. 
 
 118, s. 2, v. 9, p. 
 
 expended for any such object elsewhere than in Indian 264- 
 country. But this provision shall not apply to appropria- 
 tions the expenditure of which is authorized by treaty 
 stipulations, to be made under the direction either of the 
 President or of the Indian tribes, respectively. 
 
 1431. No moneys or annuities stipulated by any treaty h^SKndians* 
 with an Indian tribe for which appropriations are made 17 ^ g r< 2 2 V 18 iI' c * 
 shall be expended for, or paid, or delivered to any tribe 5l 
 
 N 
 
 which, since the next preceding payment under such treaty, 
 has engaged in hostilities against the United States, or 
 against its citizens peacefully or lawfully sojourning or 
 traveling within its jurisdiction at the time of such hostil- 
 ities; nor in such case shall such stipulated payments or 
 deliveries be resumed until new appropriations shall have 
 been made therefor by Congress. And the Commissioner 
 of Indian Affairs shall report to Congress, at each session, 
 any case of hostilities, by any tribe with which the United 
 States has treaty stipulations, which has occurred since his 
 next preceding report. 1 
 
 1432. No delivery of goods or merchandise shall be 
 
 to the chiefs of any tribe, by authority of any treaty, if h r ^ t e 
 such chiefs have violated the stipulations contained in such tions - , 
 
 . Apr. 10, 1869, c. 
 
 treaty upon their part. 1 is, s. 2, v. ie, P . 39. 
 
 _ _ __ Sec. 2101, B.S. 
 
 1 Section 2 of the act of March 3, 1875 (18 Stat. L., 449), provides that no money 
 appropriated for the Indian service shall be paid to any band of Indians while said 
 band, or any portion thereof, ia at war with the United'States. 
 
550 THE MILITARY LAWS OP THE UNITED STATES. 
 
 Moneysduein- 1433. The Secretary of the Interior shall withhold from 
 
 dians holding 
 
 American cap- any tribe of Indians who may hold American captives, any 
 
 ay is, 1870, moneys dne them from the United States, until snch cap- 
 v.w,p.m ' 'tives have been surrendered to the lawful authorities of 
 
 S * the United States. 
 
 the Indians with 1^34. No agreement shall be made by any person with 
 Mar. 3, 1871, c. an y tribe of Indians, or individual Indians not citizens of 
 
 120, s. 3, v. 16, p. * 
 
 570; May 21, 1872, the United States, for the payment or delivery of any 
 IT, P.^ 136; 'Apr- money or other thing of value, in present or in prospec- 
 18,' p.'35 ; C Mar'.3,' tive, or for the granting or procuring any privilege to him. 
 
 1875, c. 132, s. 9, v. . . , , . '-- . -i 
 
 is, p. 450. or any other person m consideration of services tor said 
 
 'Indians relative to their lands, or to any claims growing- 
 out of, or in reference to, annuities, installments, or other 
 moneys, claims, demands, or thing, under laws or treaties 
 with the United States, or official acts of any officers thereof 
 or in any way connected with or due from the United 
 States, unless such contract or agreement be executed and 
 approved as follows : 
 
 First. Such agreement shall be in writing, and a dupli- 
 cate of it delivered to each party. 
 
 Second. It shall be executed before a judge of a court of 
 record, and bear the approval of the Secretary of the 
 Interior and the Commissioner of Indian Affairs indorsed 
 upon it. 
 
 Third. It shall contain the names of all parties in inter- 
 est, their residence and occupation; and if made with a 
 tribe, by their tribal authorities, the scope of authority 
 and the reason for exercising that authority, shall be given 
 specifically. 
 
 Fourth. It shall state the time when and place where 
 made, the particular purpose for which made, the special 
 thing or things to be done under it, and, if for the collec- 
 tion of money, the basis of the claim, the source from 
 which it is to be collected, the disposition to be made of it 
 when collected, the amount or rate per centum of the fee 
 in all cases; and if any contingent matter or condition 
 constitutes a part of the contract or agreement, it shall be 
 specifically set forth. 
 
 Fifth. It shall have a fixed limited time to run, which 
 shall be distinctly stated. 
 
 Sixth. The judge before whom such contract or agree- 
 ment is executed shall certify officially the time when and 
 place where such contract or agreement was executed, and 
 that it was in his presence, and who are the interested 
 parties thereto, as stated to him at the time; the parties 
 present making the same; the source and extent of authority 
 
THE MILITARY LAWS OF THE UNITED STATES. 551 
 
 claimed at the time by the contracting parties to make 
 the contract or agreement, and whether made in person 
 or by agent or attorney of either party or parties. 
 
 All contracts or agreements made in violation of this 
 section shall be null and void, and all money or other thing 
 of value paid to any person by any Indian or tribe, or any 
 one else, for or^on his or their behalf, on account of such 
 services, in excess of the amount approved by the Com- 
 missioner and Secretary for such services, may be recov- 
 ered by suit iu the name of the United States in any court 
 of the United States, regardless of the amount in contro- 
 versy; and one-half thereof shall be paid to the person 
 suing for the same, and the other half shall be paid into 
 the Treasury for the use of the Indian or tribe by or for 
 whom it was so paid. 
 
 1435. No money shall be paid to any agent or attorney a e * contacts- 
 by an officer of the United States under any such contract ^"g 6 ^ 1872 c 
 or agreement, other than the fees due him for sery i ces ^ ^ V^m 1 ]' 
 rendered thereunder; but the moneys due the tribe, Indian, 0.135, v.is, p. "35! 
 or Indians, as the case may be, shall be paid by the United 
 
 States, through its own officers or agents, to the party or 
 parties entitled thereto; and no money or thing shall be 
 paid to any person for services under such contract or 
 agreement, until such person shall have first filed with the 
 Commissioner of Indian Affairs a sworn statement, show- 
 ing each particular act of service under the contract, giving 
 date and fact in detail, and the Secretary of the Interior 
 and Commissioner of Indian Affairs shall determine there- 
 from whether, in their judgment, such contract or agree- 
 ment has been complied with or fulfilled; if so, the same 
 may be paid, and, if not, it shall be paid in proportion to 
 the services rendered under the contract. 
 
 1436. The person so receiving such money contrary to al ^ hesame;pen ' 
 the provisions of the two preceding sections, and his aiders ^Q^fV V 18 ie' p' 
 and abettors, shall, in addition to the forfeiture of such 57 **' ' 1A _ 
 
 ' ^6C. alUO, it. . 
 
 sum, be punishable by imprisonment for not less than six 
 months, and by a fine of not less than one thousand dollars. 
 And it shall be the duty of all district attorneys to prose- 
 cute such cases when applied to to do so, and their failure 
 and refusal shall be ground for their removal from office. 
 Any Indian agent, or other person in the employment of 
 tlie United States, who shall, in violation of the provisions 
 of the preceding section, advise, sanction, or in any way 
 aid in the making of such contracts or agreements, or in 
 making such payments as are here prohibited, shall, in 
 addition to the punishment herein imposed on the person 
 
552 THE MILITARY LAWS OF THE UNITED 'STATES. 
 
 making such contract, or receiving such money, he, on con- 
 viction, dismissed from the service of the United States, 
 and be forever disqualified from holding any office of profit 
 or trust under the same. 
 of A conf?act8 n re 8 1^37. No assignment of any contracts embraced by sec- 
 
 8t Ma te< 2i 1872 c ^ on twenty-one hundred and three, or of any part of one 
 177, s. 2, v. i7,'p! shall be valid, unless the names of the assignees and their 
 
 136; Apr. 29, 1874, \ . te 
 
 c. 135, v. is, p. 35. residences and occupations be entered in writing upon the 
 
 ' contract, and the consent of the Secretary of the Interior 
 
 and the Commissioner of Indian Affairs to such assignment 
 
 be also indorsed thereon. 
 
 Thesame^ ^ 1438. No payments shall be made by any officer of the 
 
 120, s.'i,'v. 16,' p! United States to contractors for goods or supplies of any 
 sec. 2107, B. s. sort furnished to the Indians, or for the transportation 
 thereof, or for any buildings or machinery erected or placed 
 on their reservations, under or by virtue of any contract 
 entered into with the Department of the Interior, or any 
 branch thereof, on the receipts or certificates of the Indian 
 agents or superintendents for such supplies, goods, trans- 
 portation, buildings, or machinery beyond fifty per cent, of 
 the amount due, until the accounts and vouchers shall 
 have been submitted to the executive committee of the 
 board of Indian commissioners appointed by the President 
 for examination, revisal, and approval ; and such board of 
 commissioners shall, without unnecessary delay, for- 
 ward the accounts and vouchers so submitted to them 
 to the Secretary of the Interior, with the reasons for their 
 approval or disapproval of the same, in whole or in part, 
 attached thereto ; and the Secretary shall have power to 
 sustain, set aside, or modify the action of the board, 
 and cause payment to be made or withheld, as he may 
 determine. 
 Moneys due 1439. The Secretary of the Interior is directed to cause 
 
 incompetent or . 
 
 orphan Indians, settlements to be made with all persons appointed by 
 m.Ve'v. 12,' p'. Indian councils to receive moneys due to incompetent or 
 sec. 2108, B. s. orphan Indians, and to require all moneys found due to 
 such incompetent or orphan Indians to be returned to the 
 Treasury; and all moneys so returned -shall bear interest 
 at the rate of six per centum per annum, until paid by 
 order of the Secretary of the Interior to those entitled to 
 the same. No money shall be paid to any person appointed 
 by any Indian council to receive moneys due to incompe- 
 tent or orphan Indians, but the same shall remain in the 
 Treasury of the United States until ordered to be paid by 
 the Secretary to those entitled to receive the same, and 
 shall bear six per centum interest until so paid. 
 
THE MILITARY LAWS OF THE UNITED STATES. 553 
 
 1440. Whenever the issue of food, clothing, or supplies Number of in- 
 
 thaus present 
 
 of any kind to Indians is provided for, it shall be the duty at issues to be 
 
 J J reported. 
 
 of the agent or commissioner issuing the same, at such Feb. I4,i878,e: 
 issue thereof, whether it be both of food and clothing, or 463,' 464.' A ' 
 
 Si*<* 21 09 R S 
 
 either of them, or of any kind of supplies, to report to the 
 Commissioner of Indian Affairs the number of Indians 
 present and actually receiving the same. 
 
 1441. The President is authorized to cause such rations fo^SSLn* 1011 ' 8 
 as he deems proper, and as can be spared from the Army i62, u e i6,'v 83 4 4 'p.' 
 provisions without injury to the service, to be issued, under l^w^^'u^' 
 such regulations as he shall think fit to establish, to Indians 17 | ec 2no B s 
 who may visit the military posts or agencies of the United 
 
 States on the frontiers, or in their respective nations; and 
 a special account of these issues shall be kept and rendered. 
 
 GOVERNMENT AND PROTECTION OF INDIANS. 
 
 1442. Every person who sends any talk, speech, message, 
 or letter to any Indian nation, tribe, chief, or individual, 
 
 with an intent to produce a contravention or infraction of }%}> s - 13> v< 4 - p - 
 any treaty or law of the United States, or to disturb the sec. 2111, B.S. 
 peace and tranquillity of the United States, is liable to a 
 penalty of two thousand dollars. 
 
 1443. Every person who carries or delivers any talk, 
 message, speech, or letter, intended to produce a contra- pe jSe3o, ISM, c. 
 vention or infraction of any treaty or law of the United 73}; 8 ' 14) v - 4 ' p - 
 States, or to disturb the peace or tranquillity of the United Sec * 2112 ' B< s> 
 States, knowing the contents thereof, to or from any In- 
 dian nation, tribe, chief, or individual, from or to any per- 
 son or persons whatever, residing within the United States, 
 
 or from or to any subject, citizen, or agent of any foreign 
 power or state, is liable to a penalty of one thousand 
 dollars. 
 
 1444. Every person who carries on a correspondence, by e ^ce re with f<?r- 
 letter or otherwise, with any foreign nation or power, 
 
 an intent to induce such foreign nation or power to 
 any Indian nation, tribe, chief, or individual, to war against fc 8 - 15 ' v - 4 > P- 
 the United States, or to the violation of any existing sec. 2118, B.S. 
 treaty; or who alienates, or attempts to alienate, the con- 
 fidence of any Indian or Indians from the Government of 
 the United States, is liable to a penalty of one thousand 
 dollars. 
 
 i 1445, The President is authorized to exercise general inSnSce^y 
 superintendence and care over any tribe or nation which J^J t ribes ide re* 
 was removed upon an exchange of territory under author- gKaJESSpil 1 
 ity of the act of May twenty-eighth, eighteen hundred May 28, isso, c. 
 and thirty, "to provide for an exchange of lands with the p ?4i. B ' 7> 8 ' v ' 4 * 
 
 Sec. 2114, B.S. 
 
554 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Indians residing in any of the States or Territories, and for 
 their removal west of the Mississippi ;" and to cause such 
 tribe or nation to be protected, at their new residence, 
 against all interruption or disturbance from any other tribe 
 or nation of Indians, or from any other person or persons 
 whatever. 1 
 survey of in- 1446. Whenever it becomes necessary to survey any In- 
 
 dian reserva- 
 
 tions. dian or other reservations, or any lands, the same shall be 
 
 Apr 8 1864 c 
 
 48,s.6,v.'i3,p.4i'. surveyed under the direction and control of the General 
 
 Sec. 2115, B. S. _ 
 
 Laud-Office, and as nearly as may be in conformity to the 
 rules and regulations under which other public lands are 
 surveyed. 
 white men 1447. That no white man, not otherwise a member of any 
 
 marrying Indian 
 
 women not to ac- tribe of Indians, who may hereafter marry, an Indian 
 
 rights. woman, member of any Indian tribe in the United States, 
 
 25, p. 392. or any of its Territories except the five civilized tribes in 
 
 the Indian Territory, shall by such marriage hereafter 
 
 acquire any right to any tribal property, privilege, or inter- 
 
 est whatever to which any member of such tribe is entitled. 
 
 Act of August 9, 1888 (25 Stat. L., 392). 
 
 Indian women 1448. That every Indian woman, member of any such 
 
 marrying white 
 
 Sens become tribe of Indians, who may hereafter be married to any citi- 
 
 8o.2,ftu. zen of the United States, is hereby declared to become by 
 such marriage a citizen of the United States, with all the 
 rights, privileges, and immunities of any such citizen, 
 
 Proviso. being a married woman: Provided, That nothing in this 
 
 act contained shall impair or in any way aifect the right or 
 
 title of such married woman to any tribal property or any 
 
 interest therein, fyec. , ibid. 
 
 m?r Jiage 3 n c e f 1449. That whenever the marriage of any white man 
 
 sec.3,i&id. w |th any Indian woman, a member of any such tribe of 
 Indians, is required or offered to be proved in any judicial 
 proceeding, evidence of the admission of such fact by the 
 party against whom the proceeding is had, or evidence of 
 general repute, or of cohabitation as married persons, or any 
 other circumstantial or presumptive evidence from which 
 the fact may be inferred, shall be competent. /Sec. <?, ibid. 
 
 Purchases or 1450. No purchase, grant, lease, or other conveyance of 
 
 grants from In-. , -..m 
 
 dians. lands, or 01 any title or claim thereto, from any Indian 
 
 ]6i,"" e i2/v. 4,'p! nation or tribe of Indians, shall be of any validity in law 
 73 johnson's Les- <> r equity, unless the same be made by treaty or convention 
 
 8 e wh.,^43 Intosbl entered into pursuant to the Constitution. Every person 
 ' 
 
 sec. sue, R.S. w ]j O? llo t being employed under the authority of the United 
 
 i The internal affairs of the Indians were never interfered with hy England, and. 
 the United States has always recognized them as nations separate from, but de- 
 pendent upon, us. (Worcester v. Georgia, 6 Pet., 515.) 
 
 The states can not withdraw Indians within their limits from the operation of the 
 laws of Congress regulating trade with them. (U. S. v. Holliday, 3 Wall., 407.) 
 
 If the tribal organization is recognized by the National Government as existing, 
 the States can not regard it as gone. (The Kansas Indians, 5 Wall., 737.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 555 
 
 States, attempts to negotiate such treaty or convention, 
 directly or indirectly, or to treat with any such nation or 
 tribe of Indians for the title or purchase of any lands by 
 them held or claimed, is liable to a penalty of one thousand 
 dollars. The agent of any State who may be present at 
 any treaty held with Indians under the authority of the 
 Unites States, in the presence and with the approbation of 
 the commissioner of the United States appointed to hold 
 the same, may, however, propose to, and adjust with, the 
 Indians the compensation to be made for their claim to 
 lands within such State, which shall be extinguished by 
 treaty. 
 
 1451. Every person who drives or otherwise conveys any Driving stock 
 
 , , .,, , ~ i to feed on Indian 
 
 stock oi horses, mules, or cattle, to range and leed on any lands. 
 
 -,. ... ,. June 30, 1834,0. 
 
 land belonging to any Indian or Indian tribe, without the iei, 8 . 9, v. 4, p. 
 consent of such tribe, is liable to a penalty of one dollar u. s. v. Mat- 
 for each animal of such stock. to sec. 2 2iiT,"R. 4 |.' 
 
 1452. Every person who makes a settlement on any lands 
 belonging, secured, or granted by treaty with the United ^ns^v^r 
 States to any Indian tribe, or surveys or attempts to sur- Jnaao,i834,c. 
 vey such lands, or to designate any of the boundaries by 730'. 
 
 . . ii ' /> Sec. 2118, R.8. 
 
 marking trees, or otherwise, is liable to a penalty ot one 
 thousand dollars. The President may, moreover, take , 
 
 such measures and employ such military force as may 
 judge necessary to remove any such person from the lauds. 1 
 
 1453. Whenever any Indian, being a member of any band 
 
 or tribe with whom the Government has or shall have civilized life. 
 
 June 14, 1862, c. 
 
 entered into treaty stipulations, being desirous to adopt the 101, s. i, v. 12, P . 
 
 habits of civilized life, has had a portion of the lands belong- s'ec. 2119, R.S. 
 
 ing to his tribe allotted to him in severalty, in pursuance 
 
 of such treaty stipulations, the agent and superintendent 
 
 of such tribe shall take such measures, not inconsistent 
 
 with law, as may be necessary to protect such Indian in 
 
 the quiet enjoyment of the lands so allotted to him. 
 
 1454. That upon the completion of said allotments and be c ^^hip^ to 
 the patenting of the lands to said allottees, each and every 
 
 member of the respective bands or tribes of Indians 
 whom allotments have been made shall have the benefit of issr, v.24, p. 390'. 
 and be subject to the laws, both civil and criminal, of the 
 State or Territory in which they may reside; and no Ter- 
 ritory shall pass or enforce any law denying any such 
 Indian within its jurisdiction the equal protection of the 
 law. And every Indian born within the territorial limits 
 of the United States to whom allotments shall have been 
 made under the provisions of this act, or under any law or 
 
 1 Worcester v. Georgia, 6 Pet., 515 ; Clark v. Smith, 13 Pet., 195 ; Lattimer v. Poteet, 
 14 Pet., 4; Lowry v. Weaver, 4 McLean, 82. 
 
556 THE MILITARY LAWS OF THE UNITED STATES. 
 
 treaty, and every Indian born within the territorial limits 
 of the United States who has voluntarily taken up, within 
 said limits, his residence separate and apart from any tribe 
 of Indians therein, and has adopted the habits of civilized 
 life, is hereby declared to be a citizen of the United States, 
 and is entitled to all the rights,' privileges, and immunities 
 of such citizens, whether said Indian has been or not, by 
 birth or otherwise, a member of any tribe of Indians within 
 the territorial limits of the United States without in any 
 manner impairing or otherwise aifecting the right of any 
 such Indian to tribal or other property. Sec. 6', act of Feb- 
 ruary 8, 1887 (24 Stat. L., 390). 
 Indians t re s- 1455. Whenever any person of Indian blood belonging 
 
 E as sing upon 
 mds of civilized to a band or tribe which receives or is entitled to receive 
 
 jupe 14,1862,0. annuities from the United States, and who has not adopted 
 p> the habits and customs of civilized life, and received his 
 lands in severalty by allotment, as mentioned in the pre- 
 ceding section, commits any trespass upon the lands or 
 premises of any Indian who has so received his lands by 
 allotment, the superintendent and agent of such band or 
 tribe shall ascertain the damages resulting from such tres- 
 pass, and the sum so ascertained shall be withheld from the 
 payment next thereafter to be made, either to the band or 
 tribe to which the party committing such trespass shall 
 belong, as in the discretion of the superintendent he shall 
 deem proper; and the sum so withheld shall, if the Secre- 
 tary of the Interior approves, be paid over by the agent or 
 superintendent to the party injured. 
 
 Suspension of 1456, Whenever such trespasser as is mentioned in the 
 
 chief for tres- , 
 
 pass. preceding section is the chief or head-man of a band or 
 
 JuneU, 1862, c. , .. ,. . . .. T . /v> -, * , . 
 
 101, s. 3, v. 12, p. tribe, the superintendent of Indian affairs m his district 
 
 sec.2i2i,R.s. shall also suspend the trespasser from his office for three 
 
 months, and shall during that time deprive him of all the 
 
 benefits and emoluments connected therewith; but the 
 
 chief or head-man may be sooner restored to his former 
 
 standing if the superintendent shall so direct. 
 
 Sale of bniid- 1457. The Secretary of the Interior is authorized to cause 
 
 ings belonging to 
 
 the United all such buildings belonging to the United States, as have 
 
 . 3, 1843, c. been, or hereafter shall be, erected for the use of their 
 
 78,s.l,v.5, p.611. 
 
 sec. 2122, B.S. agents, teachers, farmers, mechanics, and other persons 
 employed amongst the Indians, to be sold whenever the 
 lands on which same are erected have become the property 
 of the United States, and are no longer necessary for such 
 purposes. 
 
 Sale of lands 1458. The Secretary of the Interior is authorized to cause 
 Mar. s, if%. to be sold, at his discretion, with each of such buildings as 
 mentioned in the preceding section, a quantity of land 
 
THE MILITARY LAWS OF THE UNITED STATES. 557 
 
 not exceeding one section; and on the payment of tlie con- 
 sideration agreed for into the Treasury of the United States 
 by the purchaser, the Secretary shall make, execute, and 
 deliver to the purchaser a title in fee-simple for such lands 
 and tenements. 
 
 1459. All penalties which shall accrue under this Title l T **l s ^ ow 
 shall be sued for and recovered in an action in the nature ^^Jf^Jf 
 of an action of debt, in the name of the United States, 73 Sec . 2 i24,R.s. 
 before any court having jurisdiction of the same, in any 
 
 State or Territory in which the defendant shall be arrested 
 or found, the one-half to the use of the informer and the 
 other half to the use of the United States, except when the 
 prosecution shall be first instituted on behalf of the United 
 States, in which case the whole shall be to their use. 
 
 1460. When goods or other property shall be seized for ag ^ n 8 c t e g e ^. g8 
 
 any violation of this Title, it shall be lawful for the person 16 ?% 3 ^ ; 
 prosecuting on behalf of the United States to proceed 73 C . 2125)R . S . 
 against such goods, or other property, in the manner 
 directed to be observed in the case of goods, wares, or 
 merchandise brought into the United States in violation 
 of the revenue laws. 
 
 1461. In all trials about the right of property in which Burden of 
 an Indian may be a party on one side, and a white person pr june3o,i834,c. 
 on the other, the burden of proof shall rest upon the 733! s< ' v ' ' p ' 
 
 Sec 2126 R S 
 
 white person, whenever the Indian shall make out a pre- 
 sumption of title in himself from the fact of previous pos- 
 session or ownership. 
 
 GOVERNMENT OF INDIAN COUNTRY. 2 
 
 1462. The agent of each tribe of Indians, lawfully resi( i- ei .saie f o^cattie, 
 ing in the Indian country, is authorized to sell for the ans'V agents. 
 benefit of such Indians any cattle, horses, or other live 127, s.'o.V. 13,' p! 
 
 563. 
 Sec. 2127, R.S. 
 
 1 Title XXVIII, Revised Statutes. 
 
 2 The term "Indian country" contained in section 1 of the act of June 30, 1834 (4 
 Stat. L., 79), though not incorporated m the Revised Statutes, and though repealed 
 simultaneously with their enactment, may be referred to in order to determine what 
 is meant by the term when used in statutes ; and it applies to all the country to 
 which the Indian title has not been extinguished within the limits of the United 
 States, whether within a reservation or not, and whether acquired before or since the 
 passage of that act. Ex parte Crow Dog, 109 IT. S., 556 ; Bates v. Clark, 95 U. S., 204. 
 
 Held (October, 1877) that the term "Indian country," as employed in the statutes 
 
 igulating trade and intercourse with the Indians (see, particularly, Ch. IV, Title 
 
 XXVIII, Rev. Stat.), might properly be denned in general as including the follow- 
 
 ing territory, viz : Indian reservations occupied by Indian tribes ; other districts so 
 occupied to which the Indian title has not been extinguished ; any districts not in 
 other respects Indian country over which the operation of those statutes maybe 
 extended by treaty or act. of Congress. (a) (Dig. J. A. Gen., 450, par. 1.) 
 
 a See this opinion as adopted and incorporated in G 0. 97, Headquarters of Army, 
 1877; also, in the same connection, 14 Opins. Att. Gen., 290; United States v. Fort'y- 
 three Gallons of Whisky, 3 Otto, 188; Bates v. Clark, 5 id., 204; United States v. 
 Seveipff, 2 Sawyer, 311. 'That, in view of the act of March 3, 1873, extending to it 
 certain provisions of the act of June 30, 1834, the Territory of Alaska is "Indian 
 country," so far as concerns the introduction and disposition of spirituous liquor, 
 ;md that persons violating such provisions may therefore be arrested by military 
 force. See In re Carr, 3 Sawyer, 316 ; also citation from same case in note to ALASKA, 
 2, and 14 Opius. Att. Gen., 327. 
 
558 THE MILITARY LAWS OF THE UNITED STATES. 
 
 stock belonging to the Indians, and not required for their 
 use and subsistence, under such regulations as shall be 
 established by the Secretary of the Interior. But no such 
 sale shall be made so as to interfere with the execution of 
 any order lawfully issued by the Secretary of War, con- 
 nected with the movement or subsistence of troops. 
 Trading with 1463. Any loyal person, a citizen of the United States, 
 July 26, 1866, c. of good moral character, shall be permitted to trade with 
 P any Indian tribe upon giving bond to the United States in 
 * the penal sum of not less than five nor more than ten thou- 
 sand dollars, with at least two good sureties, to be approved 
 by the superintendent of the district within which such 
 person proposes to trade, or by the United States district 
 judge or district attorney for the district in which the 
 obligor resides, renewable each year, conditioned that such 
 person will faithfully observe all laws and regulations made 
 for the government of trade and intercourse with the 
 Indian tribes, and in no respect violate the same. 
 
 tr j d if ense to 1464. No person shall be permitted to trade with any of 
 i6i u ? e 2 v.^'pl the Indians in the Indian country without a license there- 
 72 u s -v cisna i ^ or ^ rom a superintendent of Indian affairs, or Indian 
 M s C ec e 2i2 2 9 54 R s a S en *? or sub-agent, which license shall be issued for a term 
 not exceeding two years for the tribes east of the Missis- 
 sippi, and not exceeding three years for the tribes west of 
 that river. 1 
 
 ce? 8 e e fusal f H 1465> ^ nv superintendent or agent may refuse an appli- 
 
 i6i^s e 3 3 V 8 4 4 p' ca tion for a license to trade, if he is satisfied that the 
 
 72 s^ec "ISO K s applicant is a person of bad character, or that it would be 
 
 improper to permit him to reside in the Indian country, or 
 
 if a license, previously granted to such applicant, has been 
 
 revoked, or a forfeiture of his bond decreed. But an 
 
 appeal may be had from the agent or the superintendent 
 
 to the Commissioner of Indian Affairs. 
 
 ii<Snir ati n f 1466< The superintendent of the district shall have 
 
 16 ^ U 3 e o 3 V 18 4 4 ' c 'P wer to revoke and cancel any license to trade within 
 
 7 sec 2131 B s ^ e ^ n ^ an collll try whenever the person licensed has, in 
 
 his opinion, transgressed any of the laws or regulations 
 
 provided for the government of trade and intercourse with 
 
 the Indian tribes, or whenever, in his opinion, it is improper 
 
 to permit such person to remain in the Indian country. No 
 
 trade with the tribes shall be carried on within their 
 
 boundary, except at certain suitable and convenient places, 
 
 to be designated from time to time by the superintendents, 
 
 1 The Secretary of Wai- has no geiieral authority to license trade with Indians in 
 the Indian country. By section 2129, Revised Statutes, such licenses can be given 
 only by a "superintendent of Indian affairs, Indian agent, or subagent," (Dig. J. 
 A. Gen., p. 448, par. 1.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 559 
 
 agents, and sub-agents, and to be inserted in the license. 
 The persons granting or revoking such licenses shall 
 forthwith report the same to the Commissioner of Indian 
 Aifairs, for his approval or disapproval. 
 
 1467. The President is authorized, whenever in his opinion Prohibition of 
 the public interest may require the same, to prohibit the President. 7 
 
 * ,. , 7 , . , ,, June 30, 1834, c. 
 
 introduction of goods, or of any particular article, into the lei, a. 3, v. 4, P . 
 country belonging to any Indian tribe, and to direct all '~s e c. 2132, R.S. 
 licenses to trade with such tribe to be revoked, and all 
 applications therefor to be rejected. No trader to any other 
 tribe shall, so long as such prohibition may continue, trade 
 with any Indians of or for the tribe against which such 
 prohibition is issued. 
 
 1468. Any person other than an Indian of the full Wood J^ 1 ^^ 
 who shall attempt to reside in the Indian country, or oa* jjjjjjj 1834 c 
 any Indian reservation, as a trader, or to introduce goods, i|>i. 
 
 or to trade therein, without such license, shall forfeit ^ 
 merchandise offered for sale to the Indians or found in his 
 possession, and shall moreover be liable to a penalty of 
 five hundred dollars : Provided, That this section shall not 
 apply to any person residing among or trading with the 
 Choctaws, Cherokees, Chickasaws, Creeks, or Seminoles, 
 commonly called the five civilized tribes, residing in said 
 Indian country, and belonging to the Union Agency therein : 
 And provided further, That no white person shall be em- 
 ployed as a clerk by any Indian trader, except such as 
 trade with said five civilized tribes, unless first licensed so 
 to do by the Commissioner of Indian Affairs, under aud in 
 conformity to regulations to be established by the Secre- 
 tary of the Interior. Act of July 31, 1882 (22 Stat. L., 179). 
 
 1469. Every foreigner who shall go into the Indian coun- Penalty fox 
 
 . , -^ /> i T j foreigners enter- 
 
 try without a passport from the Department of the Interior, ing Indian conn- 
 superintendent, agent, or sub-agent of Indian affairs, or ports! th 
 officer of the United States commanding the nearest mili- IGI U a ne 6'v 8 4 4 'p! 
 
 fTOn 
 
 tary post on the frontiers, or who shall remain intentionally sec. 2134, R.S. 
 therein after the expiration of such passport, shall be liable 
 to a penalty of one thousand dollars. Every such pass- 
 port shall express the object of such person, the time he is 
 allowed to remain, and the route he is to travel. 
 
 1470. Every person, other than an Indian, who, within Prohibited pur- 
 
 , -r T chases and sales. 
 
 the Indian country, purchases or receives of any Indian, in juneso, 1834, c. 
 the way of barter, trade, or pledge, a gun, trap, or other 730'. 8 
 article commonly used in hunting, any instrument of hus- 
 bandry, or cooking utensils of the kind commonly obtained 
 by the Indians in their intercourse with the white people, 
 
560 THE MILITARY LAWS OF THE UNITED STATES. 
 
 or any article of clothing, except skins or furs, shall be 
 liable to a penalty of fifty dollars. 
 Trading or sen- 1471. If any trader, his agent, or any person acting for 
 
 ing arms, etc., in . ' ~ 
 
 any district oc- or under him, shall sell any arms or ammunition at his 
 
 o he trading-post or other place within any district or country 
 Indians; p n- OCCU pj e( :j_ by uncivilized or hostile Indians, contrary to the 
 liw.lui.VS'S. -rules and regulations of the Secretary of the Interior, such 
 j 5J k Al No. 5 '2ofvl trader shall forfeit his right to trade with the Indians, and 
 19 s?c.2 1 *88, R.S. the Secretary shall exclude such trader, and the agent, or 
 other person so oifendiug, from the district or country so 
 occupied. 
 
 hu P nang bi on n in f 1472. E very person, other than an Indian, who, within the 
 
 di june3o s i834 c. limits of any tribe with whom the United States has exist- 
 
 i6i, s. s, v. 4, p. j n g treaties, hunts, or traps, or takes and destroys any 
 
 sec. 2137, R.S. peltries or game, except for subsistence in the Indian coun- 
 
 try, shall forfeit all the traps, guns, and ammunition in his 
 
 possession, used or procured to be used for that purpose, 
 
 and all peltries so taken; and shall be liable in addition to 
 
 a penalty of five hundred dollars. 
 
 movT? lty cluTe 1^73. Every person who drives or removes, except by 
 Intlian authority of an order lawfully issued by the Secretary of 
 
 127* sV'v 8 !^ c> War, connected with the movement or subsistence of troops, 
 
 sea- ' ' ' any cattle, horses, or other stock from the Indian country 
 
 ' for the purposes of trade or commerce, shall be punishable 
 
 by imprisonment for not more than three years, or by a fine 
 
 of not more than five thousand dollars, or both. 1 
 
 introduction of 1474. No ardent spirits, ale, beer, wine, or intoxicating 
 
 intoxicating liq- 
 
 uors ioto Indian liquor or liquors of whatever kind shall be introduced, 
 
 country fortyd- 
 
 den. * under any pretense, into the Indian country. Every per- 
 
 July 23, 1892, v. , J * * J 
 
 27, p. 260. son who sells, exchanges, gives, barters, or disposes ot any 
 
 Sec.2l39,R.S. , 6 . ? . ,. .. * 
 
 ardent spirits, ale, beer, wine, or intoxicating liquors of 
 
 any kind to any Indian under charge of any Indian super- 
 
 intendent or agent, or introduces or attempts to introduce 
 
 any ardent spirits, ale, wine, beer, or intoxicating liquor of 
 
 any kind into the Indian country shall be punished by 
 
 Penalty. imprisonment for not more than two years, and by fine of 
 
 not more than three hundred dollars for each offense. But 
 
 it shall be a sufficient defense to any charge of introducing 
 
 or attempting to introduce ardent spirits, ale, beer, wine, or 
 
 intoxicating liquors into the Indian country that the acts 
 
 ^ u r tLo ^^ u charged were done under authority in writing from the 
 
 meut. War Department, or any officer duly authorized thereunto 
 
 complaints, by the War Department. All complaints for the arrest of 
 
 any person or persons made for violation of any of the 
 
 provisions of this act shall be made in the county where 
 
 1 See paragraph 1426, ante. 
 
THE MILITARY LAWS OF THE UNITED STATES. 561 
 
 the offense shall have been committed, or if committed 
 upon or within any reservation not included in any county, 
 then in any county adjoining such reservation, and, if in 
 the Indian Territory, before the United States court com- 
 missioner, or commissioner of the circuit court of the 
 United States residing nearest the place where the offense 
 was committed, who is not for any reason disqualified ; but 
 in all cases such arrests shall be made before any United Arre8ta - 
 States court commissioner residing in such adjoining 
 county, or before any magistrate or judicial officer author- 
 ized by the laws of the State in which such reservation is 
 located to issue warrants for the arrest and examination of 
 offenders by section ten hundred and fourteen of the Be- 
 vised Statutes of the United States. And all persons so 
 arrested shall, unless discharged upon examination, be held 
 to answer and stand trial before the court of the United Trial - 
 States having jurisdiction of the offense. 1 Act of July 23, 
 1892 (27 Stat. L., 260}. 
 
 1475. And no part of section twenty-one hundred and 
 thirty-nine or of section twenty-one hundred and forty of. 
 the Eevised Statutes shall be a bar to the prosecution 
 
 any officer, soldier, sutler or storekeeper, attache, or employe 23 July . 4 4) 1884> v> 
 of the Army of the United States who shall barter, do- 
 nate, or furnish in any manner whatsoever liquors, wines, 
 beer, or any intoxicating beverage whatsoever to any 
 Indian. Act of July 4, 1884 (23 Stat. L., 94). 
 
 1476. If any superintendent of Indian affairs, Indian . Power of super- 
 
 J intendents, post 
 
 agent, or sub-agent, or commanding officer of anv military agents, and com- 
 
 . * manders, etc., to 
 
 post, has reason to suspect or is informed that any white search for con- 
 
 T , . ., , i , i n cealetl liquors. 
 
 person or Indian is about to introduce or has introduced Mar. 15, 1864, c. 
 any spirituous liquor or wine into the Indian country in American Fur 
 violation of law, such superintendent, agent, sub-agent, or sss^ 
 commanding officer, may cause the boats, stores, packages, 8ec * 214 5 B ' s * 
 
 1 The Secretary of War has no general authority to license the introduction of 
 spirituous liquors into the Indian country. Under section 2139, Kevised Statutes, 
 and the act of July 23, 1892, chapter 234, amending that section and extending it to 
 beer and other malt liquors, the Secretary of War is without authority to permit 
 the introduction into that country of any spirituous or malt liquors other than such 
 as may be necessary for the use of the Army. (Dig. J. A. Gen., p. 448, par. 2.) 
 
 Where an enlisted Indian soldier belongs to a tribe which remains "under the 
 charge of any Indian superintendent or agent," it is an offense under section 2139, 
 Kevised Statutes, to sell him spirituous liquor. Otherwise if he be attached to no 
 such tribe and is under no such "charge." (a) (Ibid., par. 3.) 
 
 Held that there was no statute of the United States under which the selling of 
 spirituous liquor to Indian soldiers (not under the charge of an Indian agent), sta- 
 tioned on aUnited States military reservation, by a civilian making the sales off the 
 reservation, could be punished as an offense. (Ibid., par. 4.) 
 
 In view of the terms of the act of May 21, 1884, establishing a civil government 
 for Alaska, held that the military authorities could no longer legally issue permits 
 for the introduction of liquors into Alaska under G. O. 57 of 1874; section 14 of that 
 act being deemed impliedly to repeal, as to Alaska, that portion of section 2139, 
 Kevised Statutes, which empowered the Secretary of War to authorize such intro- 
 duction. (&) (Ibid., p. 449, par. 7.) 
 
 a U. S. v. Hurshman. 53 Fed. Kep., 543. 
 b See U. S. v. Nelson, 29 Fed. Kep., 202. 
 
 1919 36 
 
562 THE MILITARY LAWS OF THE UNITED STATES. 
 
 wagons, sleds, arid places of deposit of such person to be 
 searched; and if any such liquor is found therein, the same, 
 together with the boats, teams, wagons, and sleds used in 
 conveying the same, and also the goods, packages, and 
 peltries of such person, shall be seized and delivered to 
 the proper officer, and shall be proceeded against by libel 
 in the proper court, and forfeited, one-half to the informer 
 and the other half to the use of the United States 5 and if 
 such person be a trader, his license shall be revoked and 
 his bond put in suit. It shall moreover be the duty of any 
 person in the service of the United States, or of any Indian, 
 to take and destroy any ardent spirits or wine found in the 
 Indian country, except such as may be introduced therein 
 by the War Department. In all cases arising under this 
 and the preceding section Indians shall be competent wit- 
 nesses. 1 
 Penalty for set- 1477. Every person who shall, within the Indian country, 
 
 ting up distillery 
 
 hi Indian coun- set up or continue any distillery for manufacturing ardent 
 
 1 Jime so, 1834, c. spirits, shall be liable to a penalty of one thousand dollars; 
 
 ' 4 ' P ' and the superintendent of Indian affairs, Indian agent, or 
 
 41 ' R * S * sub-agent, within the limits of whose agency any distillery 
 
 of ardent spirits is set up or continued, shall forthwith 
 
 destroy and break up the same. 
 
 ^Assault; pen- 1478, Every white person who shall make an assault 
 
 *AH 2 V i<^ )' u P on au Indian ? or ther person, and every Indian who 
 
 270. ^' ' ' shall make an assault upon a white person, within the 
 
 'Indian country, with a gun, rifle, sword, pistol, knife, or 
 
 any other deadly weapon, with intent to kill or maim the 
 
 person so assaulted, shall be punishable by imprisonment, 
 
 at hard labor, for ( not more than five years, nor less than 
 
 one year. 
 
 Arson. 1479, Every white person who shall set fire, or attempt 
 
 Mar. 27, 1854, c. 
 
 26^s. 4, v. 10, p. to set fire, to any house, out-house, cabin, stable, or other 
 Sec. 2143, B. s. building, in the Indian country, to whomsoever belonging; 
 
 1 The act of Jiily 4, 1884, provides that no part of section twenty-one hundred and 
 thirty-nine or of section twenty-one hundred and forty of the Revised Statutes shall 
 be a bar to the prosecution of any officer, soldier, sutler or storekeeper, attache, or 
 employee of the Army of the United States who shall barter, donate, or furnish in 
 any manner whatsoever liquors, wines, beer, or any intoxicating beverage whatso- 
 ever to any Indian. (23 Stat. L., 76.) 
 
 In view of the positive terms of section 2140, Revised Statutes, an officer of the 
 Army not only may but should "take and destroy any ardent spirits or wine found 
 in the Indian country except such as may be introduced therein by the War Depart- 
 ment." The section imposes this as a "duty" upon "any person in the service of 
 the United States," including, of course, military as well as civil officials. Held, how- 
 ever, that the authority given by the statute to destroy liquor brought iuto an Indian 
 reservation did not authorize the destruction by the military of a building, the pri- 
 vate property of a citizen, in which the liquor was found stored. (Dig. J. A. Gen., 
 450, par. 2.) 
 
 In view of the duty devolved by section 2140, Revised Statutes, upon ''any person 
 in the service of the United States," to take and destroy spirituous liquors in the 
 Indian country, held that a post commander in such country who seized and 
 destroyed a quantity of such liquors introduced into such country without the 
 authority of the Secretary of War, but not found within the limits of his military 
 command, had not exceeded his powers. (Ibid., par. 4.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 563 
 
 and every Indian who shall set tire to any house, out-house, 
 cabin, stable, or other building, in the Indian country, in 
 whole or in part belonging to or in lawful possession of a 
 white person, and whether the same be consumed or not, 
 shall be punishable by imprisonment at hard labor for not 
 more than twenty-one years, nor less than two years. 
 
 1480. The general laws of the United States deiiu- de ^fS ns a ^ 
 ing and prescribing punishments for forgery and for m Mar. 3, 1355, c. 
 depredations upon the mails, shall extend to the Indian ijjjj, *- 8 ' v - 10 ' P- 
 country. Sec. 2144, it. s. 
 
 1481. Except as to crimes the punishment of which is General laws re- 
 
 specting crimes 
 
 expressly provided for in this title, the general laws of the extended to In- 
 
 dian country. 
 
 United States as to the punishment of crimes committed June so, is34, 
 in any place within the sole and exclusive jurisdiction of 733; Mar. 27,1854,' 
 the United States, except the District of Columbia, shall 270.' u.s^.Bog- 
 
 , T , ,, T , . , ers, 4 How., 567. 
 
 extend to the Indian country. 1 sec. 2145, R.S. 
 
 1482. The preceding section shall not be construed to th 5^SS5 of 
 extend to crimes committed by one Indian against the^ t .P ecedin g 
 person, or property of another Indian, nor to any Indian Mar. 27, 1854, c. 
 
 26, s. 3, v. 10, p. 
 
 committing any offense in the Indian country who has 270^ Feb.^is, 1^75, 
 been punished by the local law of the tribe, or to any case 8*c.2i4e,'B.8. 
 where, by treaty stipulations, the exclusive jurisdiction 
 over such offenses is or may be secured to the Indian 
 tribes respectively. 2 
 
 1483. The superintendent of Indian affairs, and the In- 80 ng movalof per ' 
 dian agents and sub-agents, shall have authority to remove c 'JJJ j^v 1 ! 34 ' 
 from the Indian country all persons found therein contrary - ' ( 
 
 ?MM* <l-i < , 1{. IS* 
 
 to law ; and the President is authorized to direct the mili- 
 tary force to be employed in such removal. 3 
 
 1484. If any person who has been removed from the Penalty for re- 
 
 turn. 
 Indian country shall thereafter at anytime return or be Aug. is, isse, c. 
 
 found within the Indian country, he shall be liable to a so. ' 8> 
 
 ,, -iin Sec. 2148, R.S. 
 
 penalty 01 one thousand dollars. 
 
 1485. The Commissioner of Indian Affairs is authorized Removal from 
 
 reservations. 
 
 and required, with the approval of the Secretary of the c J" ^ isss, 
 Interior, to remove from any tribal reservation any person 332. ' '"' 
 being therein without authority of law, or whose presence 
 within the limits of the reservation may, in the judgment 
 
 !The act of February 15, 1888, provides a penalty for horse stealing, etc., and for 
 robbery and burglary in the Indian Territory (25 Stat. L., c. 10, p. 33). See also act 
 of June 4, 1888 J25 Stat. L., 167), which authorizes any United States marshal to 
 execute process in the Indian Territory. 
 
 *Bnt see section 9 of the act of March 3, 1885 (23 Stat. L., 385), par. 1496, post, which 
 extends the operation of the criminal laws of the United States to certain offenses 
 committed by one Indian against the person or property of another Indian. 
 
 3 Under section 2147, Revised Statutes, authorizing the use of the military in the 
 removal from the Indian country of "persons found therein contrary to law," held 
 that the President was authorized to direct that a company of United States troops 
 be stationed in the Indian Territory near the Kansas line to act as at patrol, and to 
 apprehend and return within that line any and all lawless persons, guilty of crimes 
 committed in Kansas, who have escaped from j ustice into the Indian country. (I*ig. 
 J. A. Gen., p. 449, par. 5.) 
 
564 THE MILITARY LAWS OF THE UNITED STATES. 
 
 of the Commissioner, be detrimental to the peace and wel- 
 fare of the Indians; and may employ for the purpose such 
 force as may be necessary to enable the agent to effect the 
 removal of such person. 
 
 ber e de al i?datio^8 I486. Every person who unlawfully cuts, or aids or is 
 25 Un iG6 1888 ' v ' em Ply e( l * n unlawfully cutting, or wantonly destroys or 
 s'ec. 5388, R. s. procures to be wantonly destroyed, any timber standing 
 upon the laud of the United States which, in pursuance of 
 law, may be reserved or purchased for military or other 
 Extended to in- purposes, or upon any Indian reservation, or lands belong- 
 ing to or occupied by any tribe of Indians under authority 
 of the United States, shall pay a fine of not more than 
 five hundred dollars or be imprisoned not more than 
 twelve months, or both, in the discretion of the court. 
 Act of June 4, 1888 (25 Mat. ., 166). 
 Army officers, 14Q7. That all officers and agents of the Army and 
 
 etc., prohibited 
 
 from giving per- Indian Bureaus are prohibited, except in a case specially 
 
 mission to In- 
 diana to go into directed by the President, from granting permission in 
 
 the State of J 
 
 Texas. writing or otherwise to any Indian or Indians on any res- 
 
 i83o,v.2i,p?i32.'ervation to go into the State of Texas under any pretext 
 
 whatever ; and any officer or agent of the Army or Indian 
 
 Bureau who shall violate this provision shall be dismissed 
 
 from the public service. And the Secretary of the Interior 
 
 is hereby directed and required to take at once such other 
 
 reasonable measures as may be necessary in connection 
 
 with said prohibition to prevent said Indians from entering 
 
 said State. Sec. 4, act of May 11, 1880 (21 Stat. L., 132). 
 
 ofSEtJJ/foree 1488> Tlie milltarv forces of the United States may be 
 
 in apprehending employed in such manner and under such regulations as 
 
 persons violating 
 
 the law. the President may direct 
 
 June 30, 1834,c. 
 
 161, ss. 21, 23, v. 4, First. In the apprehension of every person who may be 
 P 'sec!si5o, R. s. in the Indian country in violation of law; and in convey- 
 ing him immediately from the Indian country, by the near- 
 est convenienfrand safe route, to the civil authority of the 
 Territory or judicial district in which such person shall be 
 found, to be proceeded against in due course of law ; 
 
 Second. In the examination and seizure of stores, pack- 
 ages, and boats, authorized by law 5 
 
 Third. In preventing the introduction of persons and 
 property into the Indian country contrary to law; which 
 persons and property shall be proceeded against according 
 to law ; 
 
 Fourth. And also in destroying and breaking up any 
 distillery for manufacturing ardent spirits set up or con- 
 tinued within the Indian country. 1 
 
 1 Under section 2150, Revised Statutes, a military commander may be authorized 
 and directed by the President to arrest by military force, and deliver to the proper 
 
THE MILITARY LAWS OF THE UNITED STATES. 565 
 
 1489. No person apprehended by military force under the )e ^ )e t ntion of 
 preceding section shall be detained longer than five days jjg^ by the 
 after arrest and before removal. All officers and soldiers |^-|^^ g 
 who may have any such person in custody shall treat him 
 
 with all the humanity which the circumstances will permit. 
 
 1490. The superintendents, agents, and sub-agents Lhall gc^JJS* Indians 
 endeavor to procure the arrest and trial of all Indians ac- s^ty J t c r ime - 
 
 June 30, 1834, c. 
 
 eased of committing any crime, offense, or misdemeanor, wi, s. 10, v. 4, p. 
 
 and of all other persons who may have committed crimes s'ec.2152, R. s. 
 
 or offenses within any State or Territory, and have lied 
 
 into the Indian country, either by demanding the same 
 
 of the chiefs of the proper tribe, or by such other means 
 
 as the President may authorize. The President may direct 
 
 the military force of the United States to be employed in 
 
 the apprehension of such Indians, and also in preventing 
 
 or terminating hostilities between any of the Indian tribes. 1 
 
 1491. In executing process in the Indian country, the Executing?- 
 marshal may employ a posse comitatus, not exceeding three June u, i858,c. 
 
 * Jj cix x- i 163, s.3, v. 11, p. 
 
 persons in any of the States respectively, to assist in exe- 363. 
 cuting process by arresting and bringing in prisoners from 
 the Indian country, and allow them three dollars for each 
 day in lieu of all expenses and services. 
 
 1492. Whenever, in the commission, by a white person, 
 
 any crime, offense, or misdemeanor, within the Indian conn- er ' ne30 1834 
 try, the property of any friendly Indian is taken, injured, 161 s - 16 > v - *, P. 
 or destroyed, and a conviction is had for such crime, offense, sec. 2154, R.S. 
 or misdemeanor, the person so convicted shall be sentenced 
 to pay to such friendly Indian to whom the property may 
 belong, or whose person may be injured, a sum equal to 
 twice the just value of the property so taken, injured, or 
 destroyed. 
 
 1493. If such offender shall be unable to pay a sum at Paymentwhere 
 
 ,..,., the offender is 
 
 least equal to the just value or amount, whatever such pay- unable to make 
 ment shall fail short of the same shall be paid out of the June 30, 1334, <?. 
 Treasury of the United States. If such offender cannot JSi 1 . 8 ' 16 ' v>4 ' p ' 
 be apprehended and brought to trial, the amount of such 8ec - 215r> B - s - 
 property shall be paid out of the Treasury. But no Indian 
 
 civil authorities for trial, any white persons or Indians who may be in the Indian 
 country engaged in furnishing liquor to Indians in violation of law, as also to pre- 
 vent, by military force, the entry into such country of persons designing to intro- 
 duce liquor therein contrary to law. Held that this authority to prevent was clearly 
 an authority to arrest, where arrests were found necessary to restrain persons 
 attempting to introduce liquor or other inhibited property. (Dig. J. A. Gen. ,450, 
 par. 3.) 
 
 } Held thai, under section 2152, Eevised Statutes, the military forces may, by the 
 authority of the President, be employed to assist in making the arrest of Indians 
 concerned in the killing of cattle and committing of depredations on the frontier, 
 provided their offenses were committed in the Indian country or by Indians under 
 the legal charge of an Indian agent. ( Dig. J. A. Gen., 449, par. 6.) 
 
 Held that, in the execution of process of arrest under the act of March 3, 1885 
 'rendering Indians amenable to the criminal laws of the Territories), the military 
 may, by direction of the President, legally be employed to aid the civil officials in 
 such arrests, such employment being expressly authorized by section 2152, Eevised 
 Statutes. (Ibid., 165, par. 10.) 
 
566 THE MILITARY LAWS OF THE UNITED STATES. 
 
 shall be entitled to any payment out of the Treasury of the 
 United States, for any such property, if he, or any of the 
 nation to which he belongs, have sought private revenge, 
 or have attempted to obtain satisfaction by any force or 
 violence. 
 
 injuries to 1494. If any Indian, belonging to any tribe in amity with 
 SiaSs rty y n the United States, shall, within the Indian country, take 
 
 JuneSO, 1834, c. 
 
 161, a. 17, v. 4, p. or destroy the property of any person lawfully within such 
 c 3 6k,s 6 8,v.ii,p'. country, or shall pass from Indian country into any State 
 4 s'ec.2i56,K.s. or Territory inhabited by citizens of the United States, and 
 there take, steal, or destroy, any horse, or other property 
 belonging to any citizen or inhabitant of the United States, 
 such citizen or inhabitant, his representative, attorney, or 
 agent, may make application to the proper superintendent, 
 agent, or sub- agent, who, upon being furnished with the 
 necessary documents and proofs, shall, under the direction 
 of the President, make application to the nation or tribe 
 to which such Indian shall belong, for satisfaction ; and if 
 such nation or tribe shall neglect or refuse to make satis- 
 faction, in a reasonable time not exceeding twelve months, 
 such superintendent, agent, or sub-agent shall make return 
 of his doings to the Commissioner of Indian Affairs, that 
 such further steps may be taken as shall be proper, in 
 the opinion of the President, to obtain satisfaction for the 
 injury. 
 Superintend. 1495. The superintendents, agents, and sub-agents within 
 
 ents, etc., author . ^ . & . ' 
 
 ized to take dep- their respective districts are authorized and empowered to 
 junesb, 1834, c. take depositions of witnesses touching any depredations, 
 732! s ' p ' within the purview of the three preceding sections, and to 
 
 *ec.2i57,R.s. oaths to the deponents. 
 
 1496< That immediately upon and after the date of the 
 jecu e oi t aw 8 esub 'P assa ^ e of tnis act a11 Indians, committing against the 
 i8?v.23^p a 385 3 ' P erson or property of another Indian or other person any 
 of the following crimes, namely, murder, manslaughter, 
 rape, assault with intent to kill, arson, burglary, and lar- 
 ceny within any Territory of the United States, and either 
 within or without an Indian reservation, shall be subject 
 therefor to the laws of such Territory relating to said 
 crimes, and shall be tried therefor in the same courts and 
 in the same manner and shall be subject to the same pen- 
 alties as are all other persons charged with the commission 
 of said crimes, respectively ; and the said courts are hereby 
 Courts given given jurisdiction in all such cases; and all such Indians 
 
 jurisdiction in all .... 
 
 such cases. committing any of the above crimes against the person or 
 property of another Indian or other person within the 
 boundaries of any State of the United States, and within 
 the limits of any Indian reservation, shall be subject to 
 
THE MILITARY LAWS OF THE UNITED STATES. 567 
 
 the same laws, tried in the same courts and in the same 
 manner, and subject to the same penalties as are all other 
 persons committing any of the above crimes within the 
 exclusive jurisdiction of the United States. Sec. 9, act of 
 March 3, 1885 (23 Stat. L., 385). 
 
 1497. That any Indian hereafter committing against the Assault, etc., 
 
 , ,. ,. . * , upon United 
 
 person of any Indian agent or policeman appointed understates officials; 
 the laws of the United States, or against any Indian p< june 9, isss, v. 
 United States deputy marshal, posse comitatus, or guard, 
 while lawfully engaged in the execution of any United 
 States process, or lawfully engaged in any other duty 
 imposed upon such agent, policeman, deputy marshal, 
 posse comitatus, or guard by the laws of the United 
 States, any of the following crimes, namely, murder, man- 
 slaughter, or assault with intent to murder, assault, or 
 assault and battery, or who shall in any manner obstruct 
 by threats or violence any person who is engaged in the 
 service of the United States in the discharge of any of his 
 duties as agent, policeman, or other officer aforesaid, within 
 the Indian Territory, or who shall hereafter commit either 
 of the crimes aforesaid, in said Indian Territory, against 
 any person who, at the time of the commission of said 
 crime^ or at any time previous thereto, belonged to either 
 of the classes of officials hereinbefore named, shall be sub- 
 ject to the laws of the United States relating to such 
 crimes, and shall be tried by the district court of the 
 United States exercising criminal jurisdiction where such Jurisdiction of 
 offense was committed, and shall be subject to the same 
 penalties as are all other persons charged with the com- 
 mission of said crimes, respectively; and the said courts 
 are hereby given jurisdiction in all such cases. Act of 
 June 9, 1888 (25 Stat. ., 178), 
 
 1498. That after the passage of this act any United States Marshals to ex- 
 
 . .-,, ecute process in. 
 
 marshal is hereby authorized and required, when necessary /uno 4, isss, v. 
 to execute any process connected with any criminal pro- 
 ceeding issued out of the circuit or district court of the 
 United States for the district of which he is marshal, or by 
 any commissioner of either of said courts, to enter the 
 Indian Territory, and to execute the same therein in the 
 same manner that he is now required by law to execute like 
 processes in his own district. Act of June 4, 1888 (25 Stat. 
 L., 167). 
 
 THE INDIAN POLICE. 
 
 1499. Pay of Indian police: For the services of not The Indian po- 
 lice . 
 exceeding four hundred and thirty privates at five dollars May 27, ms, v. 
 
 per mouth each, and not exceeding fifty officers at eight 
 dollars per month each, of Indian police, to be employed in 
 
568 THE MILITARY LAWS OF THE UNITED STATES. 
 
 maintaining order and prohibiting illegal traffic in liquor 
 on the several Indian reservations, thirty thousand dollars : 
 Provided, That Indians employed at agencies in any capacity 
 shall not be construed as part of agency employees named 
 in section five of the act making appropriations for the 
 Indian service for the fiscal year eighteen hundred and 
 seventy- six, approved March third, eighteen hundred and 
 seventy-five. 1 Act of May 27, 1878 (20 Stat, L., 86). 
 to 150 - That immediately upon and after the passage of 
 dis ^ s ac ^ an ^ Indians committing against the person of any 
 7 ' T ' * n di an policeman appointed under the laws of the United 
 States, or any Indian United States deputy marshal, while 
 lawfully engaged in the execution of any United States 
 process, or lawfully engaged in any other duty imposed 
 upon such policeman or marshal by the laws of the United 
 States, any of the following crimes, namely, murder, man- 
 slaughter, or assault with intent to kill, within the Indian 
 Territory, shall be subject to the laws of the United States 
 relating to such crimes, and shall be tried by the district 
 court of the United States exercising criminal jurisdiction 
 where said offense was committed, and shall be subject to 
 the same penalties as are all other persons charged with the 
 commission of said crimes, respectively; and the said courts 
 are hereby given jurisdiction in all such cases. Act of 
 March 2, 1887 (24 Stat. L., 464). 
 
 1 The establishment of Indian police has been authorized by the several acts of 
 appropriation since that of March 27, 1878 (20 Stat. L., 86). The detachments of this 
 force authorized by the Secretary of the Interior to be maintained at the several 
 Indian reservations are employed, under the direction of the respective Indian agents, 
 in the preservation of order and in the execution of the laws relating to the manage- 
 ment of Indians and the government of the Indian country. 
 
 ALASKA. 
 
 Alaska, though unorganized as a Territory, and included in the military depart- 
 ment of the Columbia, is no more under military government or jurisdiction than 
 is any other Territory or any State of the United States. (a) (Dig. J. A. Gen., 147, 
 par. 2.) 
 
 a " It is a mistake to suppose that the Territory of Alaska is under military rule 
 any more than any other part of the country, except as to the introduction of spirit- 
 uous liquors, and the making of arrests for violations of" the existing law regulat- 
 ing their introduction and disposition (see INDIAN COUNTRY, sec. 1, note), in cases of 
 which arrests "the military really act as civil officers and in subordination to the 
 civil law." (In re Carr, 3 Sawyer, 318.) 
 
CHAJPTETR 
 
 EMPLOYMENT OF MILITAEY FOBCE IN BESIST- 
 ING INVASION IN SUPPRESSING INSURREC- 
 TIONIN SUPPORT OF THE CIVIL AUTHORITY. 
 
 Par. 
 
 1501. Power to suppress insurrec- 
 
 tion. 
 
 1502. Insurrection against the 
 
 Par. 
 
 1536-1550. Civil rights. 
 
 1551, 1552. The elective franchise. 
 
 1553. The public health. 
 
 United States. 1554,1555. The public lands; re- 
 
 1503. Insurrection against a State. 
 
 moval of trespassers. 
 
 1504. Proclamation to insurgents j 1556 obstructing the mails. 
 
 to disperse. 
 1505. Orders of the President call- 
 
 1557. Contracts, etc., in restraint 
 of trade. 
 
 ing forth the militia in 1558 _ 1561 . The Pacific rai i ways . 
 case of invasion, etc. | 1562 Restrictions upon the use of 
 
 1506. Militia, how apportioned 
 
 1507. Subject to Articles of War. 
 1508-1513. Removal of persons 
 
 military force. 
 1563-1573. Neutrality. 
 1574-1576. Extradition. 
 
 from Indian reservations. 1577 _ 1585 . The guano islands. 
 1514-1535. Suspension of inter- | 1586 . 15 9 3> Treason, 
 course. 
 
 INSURRECTION AGAINST THE UNITED STATES. 
 
 1501. Whenever insurrection, domestic violence, unlawful Power to sup- 
 
 ... ,-,, , , press insurrec- 
 
 combinations, or conspiracies in any State so obstructs or tion. 
 
 hinders the execution of the laws thereof, and of the United 22, 8 p 3,v. i?, p. u. 
 
 States, as to deprive any portion or class of the people of 
 
 such State of any of the rights, privileges, or immunities, 
 
 or protection, named in the Constitution and secured by 
 
 the laws for the protection of such rights, privileges, or 
 
 immunities, and the constituted authorities of such State 
 
 are unable to protect, or, from any cause, fail in or refuse 
 
 protection of the people in such rights, such facts shall be 
 
 deemed a denial by such State of the equal protection of 
 
 the laws to which they are entitled under the Constitution 
 
 of the United States ; and in all such cases, or whenever 
 
 any such insurrection, violence, unlawful combination, or 
 
 conspiracy, opposes or obstructs the laws of the United 
 
 States, or the due execution thereof, or impedes or obstructs 
 
 569 
 
570 THE MILITARY LAWS OF THE UNITED STATES. 
 
 the due course of justice under the same, it shall be lawful 
 for the President, and it shall be his duty, to take such 
 measures, by the employment of the militia or the land and 
 naval forces of the United States, or of either, or by other 
 means, as he may deem necessary, for the suppression of 
 such insurrection, domestic violence, or combinations. 1 
 insurrection 1502. Whenever, by reason of unlawful obstructions, com- 
 
 against the Gov- 7 . 
 
 eminent of the binations, or assemblages of persons, or rebellion against 
 U jufy2 k 9,i86i',c. the authority of the Government of the United States, it 
 Hi. 8 ' lf v ' P shall become impracticable, in the judgment of the Presi- 
 sec.5298,n.s. ^ QI1 ^ . o en f orce? by the ordinary course of judicial proceed- 
 ings, the laws of the United States within any State or 
 Territory, it shall be lawful for the President to call forth 
 the militia of any or all the States, and to employ such parts 
 of the land and naval forces of the United States as he 
 may deem necessary to enforce the faithful execution of the 
 laws of the United States, or to suppress such rebellion, in 
 whatever State or Territory thereof the laws of the United 
 States may be forcibly opposed, or the execution thereof 
 forcibly obstructed. 2 
 
 INSURRECTION AGAINST A STATE. 
 
 a Snststate n 1503. In case of an insurrection in any State against the 
 Feb. 28, 1795, c. government thereof, it shall be lawful for the President, 
 
 36, s. 1, v. l,p. 424; 
 
 Mar. 3, 1807, c. 39, on application of the legislature of such State, or of the 
 v sec!' 6297, R. s. executive, when the legislature can not be convened, to call 
 forth such number of the militia of any other State or States, 
 which may be applied for, as he deems sufficient to sup- 
 press such insurrection; or, on like application, to employ, 
 for the same purposes, such part of the land or naval forces 
 of the United States as he deems necessary. 3 
 
 1 The power to enforce its laws and to execute its functions in all places does not 
 derogate from the power of the State to execute its laws at the same time and in the 
 same places. The one does not exclude the other except where both can not be exe- 
 cuted at the same time. In that case the words of the Constitution itself show which 
 is to yield; "this Constitution and the laws of the United States which shall be made 
 in pursuance thereof ; * * * shall be the supreme law of the land." 
 
 Although no State could establish and maintain a permanent military government, 
 yet it may use its military power to put down an armed insurrection too strong to bo 
 controlled by the civil authority. The State must determine for itself what degree 
 of force the crisis demands. (Luther v. Borden, 7 How., 1; see also 16 Opin. Att. 
 Gen., 162.) See also note to paragraph 1556, post. 
 
 2 The National Government has the right to use physical force in any part of the 
 United States to compel obedience to its laws, and to carry into execution the powers 
 conferred upon it by the Constitution . "We hold it to be an incon trovertible principle 
 that the Government of the United States may, by means of physical force, exercised 
 through its official agents, execute on every foot of American soil the powers and 
 functions that belong to it." (Ex parte Siebold, 100 U. S., 371, 395 ; U. S. v. Neagle, 135 
 U. S., 1, 60; Logan v. U. S., 144 U. S., 263, 294.) 
 
 As a necessary incident of the power to declare and prosecute war, the Federal 
 Government has a right to transport troops through and over the territory of any 
 State of the Union. (Crandall v. Nevada, 6 Wall., 35. See also 16 Opin. Att. Gen., 
 162; 17 ibid., 242, 333; 19 ibid., 293, and note to par. 1556, post.) 
 
 3 Under article 4, section 4, of the Constituti6n, the Army may be employed to pro- 
 tect a State from "invasion" or "domestic violence" only by order of the' President, 
 made ' ' on application of the legislature, or of the executive when the legislature can 
 not bo convened." A military commander, of whatever rank or command, can hnvo 
 no authority, except by the order thus made of the President, to furnish troops to a 
 
THE MILITARY LAWS OF THE UNITED STATES. 571 
 
 1504. Whenever, in the judgment of the President, it Proclamation 
 
 7 to insurgents to 
 
 becomes necessary to use the military forces under 1861 
 
 Title, the President shall forthwith, by proclamation, com- 25, s. 2, v. 12, ' P ! 
 rnand the insurgents to disperse and retire peaceably to " sec. 5300, R. s. 
 their respective abodes, within a limited time. 
 
 INVASION. 
 
 1505. Whenever the United States are invaded, or are in . 
 imminent danger of invasion from any foreign nation or 
 Indian tribe, or of rebellion against the authority of the et ; eb 2g 
 Government of the United States, it shall be lawful ^ OY3Q ^^ 1 ^- 
 the President to call forth such number of the militia of the 12 wh., 19 ; MC- 
 State or States, most convenient to the place of danger, Phiia., 259. 
 
 or scene of action, as he may deem necessary to repel such 
 invasion, or to suppress such rebellion, and to issue his 
 orders for that purpose to such officers of the militia as he 
 may think proper. 1 
 
 1506. When the militia of more than one State is 
 
 into the actual service of the United States by the Presi- / ul y 17 - 1862 . c. 
 
 201, s. 1, v. 12, p. 
 
 dent, he shall apportion them among such States according 597. 
 
 Sec. 1648, R. S. 
 
 to representative population. 
 
 governor or other functionary of a State, to aid him in making arrests or establish- 
 ing law and order. (Dig. Opin. J. A. Gen., 161, par. 1.) 
 
 The proviso of the Constitution, "when the legislature can not be convened," 
 may be said to mean when it is not in session, or can not, by the State law, be as- 
 sembled forthwith or in time to provide for the emergency. When it is in session, 
 or can legally and at once be called together, it will not be lawful for the President 
 to employ the army on the application merely of the governor. (Ibid., par. 2.) 
 
 A military force employed according to article 4, section 4, of the Constitution, is 
 to remain under the direction and orders of the President as Commander in Chiet 
 and his military subordinates; it can not be placed under the direct orders or exclu- 
 sive disposition of the governor of the State. (Ibid., par. 3.) 
 
 In all cases of civil disorders or domestic violence it is the duty of the Army to 
 preserve an attitude of indifference and inaction till ordered to act 'by the President, 
 by the authority of the Constitution or of section 2150, 5297, or 5298, Revised Statutes, 
 or other public statute. An officer or soldier may, indeed, interfere to arrest a person 
 in the act of committing a crime, or to prevent a breach of the peace in his presence, 
 but this he does as a citizen and not in his military capacity. Any combined eftbrfc 
 by the military, as such, to make arrests or otherwise prevent breaches of the peace 
 or violations of law in civil cases, except by the order of the President or the require- 
 ment of a United States official authorized to require their services on a posse corn- 
 itatus, must necessarily be illegal. In a case of civil disturbance in violation of the 
 laws of a State, a military commander can not volunteer to intervene with his com- 
 mand without incurring a personal responsibility for his acts. In the absence of the 
 requisite orders he may not even march or array his command for the purpose of ex- 
 erting a moral effect or any effect in terrorem; such a demonstration, indeed, could 
 only compromise the authority of the United States, while insulting the sovereignty 
 of the State. (Ibid., 164, par. 7.) 
 
 See also General Orders No. 26, Adjutant-General's Office, of 1894 (A. R., 487), for 
 instructions as to the use of the military force in support of the civil authority. 
 
 !The act of February 28, 1795 (1 Stat. L., 424), authorizing the President, under cer- 
 tain circumstances, to call out the militia, is constitutional, and the President is 
 the final judge of the emergency justifying such a call. (Martin v. Mott, 12 Wheat., 
 19.) By this act the power of deciding whether the exigency had arisen upon which 
 the Government of the United States is bound to interfere is given to the President. 
 He is to act upon the application of the legislature, or of the executive, and conse- 
 quently he must determine what body of men constitute the legislature, and who is 
 the governor, before he can act. The fact that both parties claim the right to the 
 government can not alter the case, for both can not be entitled to it. If there is an 
 armed conflict, like the one of which we are speaking, it is a case of domestic violence, 
 and one of the parties must be in insurrection against the lawful government. And 
 the President must, of necessity, decide which is the government, and which party is 
 unlawfully arrayed against it, 'before he can perform the duty imposed upon him by 
 the act of' Congress. (Luther v. Borden, 7 How., I, II.) 
 
 In the case of Houston v. Moore (5 Wheat., 1), it was decided that although a mili- 
 tiaman who refused to obey the orders of the President calling Mm into the public 
 service was not, in the sense of the act of February 28, 1795, "employed in the serv- 
 ice of the United States, " so as to be subject to the Rules and Articles of War, yet that 
 
572 THE MILITARY LAWS OF THE UNITED STATES. 
 
 1507. The niilitia, when called into the actual service of 
 
 . 
 
 Feb. 28, 1795, c. the United States for the suppression of rebellion against 
 424; July 29, 1861, and resistance to the laws of the United States, shall be 
 282.' s P subject to the same rules and articles of war as the regular 
 
 S * troops of the United States. 
 
 EMPLOYMENT OF TROOPS ON INDIAN RESERVATIONS. 
 
 Removal of 1508. The superintendent of Indian affairs, and the In- 
 
 persons from In- * > 
 
 dian rserva- <ji an agents and sub-agents, shall have authority to remove 
 
 june3M834, c. from the Indian country 1 all persons found therein contrary 
 
 730! ' to law; and the President is authorized to direct the inili- 
 
 Sec.2147,R.S. . 
 
 tary force to be employed in such removal. 
 
 Penalty for re- 1509. If any person who has been removed from the 
 1 Aug. is, isse, c. Indian country shall thereafter at anytime return or be 
 so. ' t P ' found within the Indian country, he shall be liable to a 
 
 Sec<2148 ' R ' s * penalty of one thousand dollars. 1 
 
 Removal from 1510. The Commissioner of Indian Affairs is authorized 
 
 June 12, isss, c. and required, with the approval of the Secretary of the 
 
 155, s. 2, v. 11, p. . M 
 
 332. Interior, to remove from any tribal reservation any person 
 
 Sec. 2149,B. S. . .'* ^ -*. e i i 
 
 being therein without authority of law, or whose presence 
 within the limits of the reservation may, in the judgment 
 of the Commissioner, be detrimental to the peace and wel- 
 fare of the Indians 5 and may employ for the purpose such 
 force as may be necessary to enable the agent to effect the 
 removal of such person. 
 Employ men t 1511. The military forces of the United States may be 
 
 of the military in J J 
 
 apprehending employed in such manner and under such regulations as 
 
 personsviolating ,, _ 
 
 the law. the President may direct 
 
 June30, 1834, c. _,. T ., , , 
 
 161, ss. 21, 23, v. 4, First. In the apprehension of every person who may be 
 p \sec! 2i5o,R. s. in the Indian country in violation of law; and in convey- 
 ing him immediately from the Indian country, by the near- 
 est convenient and safe route, to the civil authority of the 
 Territory or judicial district in which such person shall be 
 found, to be proceeded against in due course of law; 
 
 Second. In the examination and seizure of stores, pack- 
 ages, and boats, authorized by law ; 
 
 Third. In preventing the introduction of persons and prop- 
 erty into the Indian country contrary to law; which persons 
 and. property shall be proceeded against according to law; 
 
 Fourth. And also in destroying and breaking up any dis- 
 tillery for manufacturing ardent spirits set up or continued 
 within the Indian country. 
 
 he was liable to be tried for the offense under the fifth section of the same act, by 
 court-martial called under the authority of the United States. The great doubt in 
 that case was whether the delinquent was liable to be tried for the offense by a 
 court-martial organized under State authority. (Martin v. Mott, 12 Wheat., 19, 34.) 
 
 1 For a definition of the term "Indian country," see the chapter entitled THE 
 INDIANS, ETC. 
 
THE MILITARY LAWS OF THE UNITED STATES. 573 
 
 1512, No person apprehended by military force under the ^0** r f 
 preceding section shall be detained longer than five days /ed by the 
 
 after arrest and before removal. All officers and soldiers 
 
 , . , . L i -i -i-i j_ j. -i Sec. 2151,R. S. 
 
 who may have any such person 111 custody shall treat him 
 with all the humanity which the circumstances will permit. 
 
 1513. The superintendents, agents, and sub-agents shall 
 endeavor to procure the arrest and trial of all Indians ac- 
 
 cused of committing any crime, offense, or misdemeanor, }^ 8 - 19 > v - 4 > P- 
 
 and of all other persons who may have committed crimes see.2i52,B.s. 
 
 or offenses within any State or Territory, and have fled 
 
 into the Indian country, either by demanding the same 
 
 of the chiefs of the proper tribe, or by such other means 
 
 as the President may authorize. The President may direct 
 
 the military force of the United States to be employed in 
 
 the apprehension of such Indians, and also in preventing 
 
 or terminating hostilities between any of the Indian tribes. 1 
 
 SUSPENSION OF INTERCOURSE. 
 
 1514. Whenever the President, in pursuance of the pro- oJ^J 8 ,? 1 ,?-" 1 ! 
 visions of this Title, has called forth the militia to suppress te j c 1 2 ur i! > 1861 c 
 combinations against the laws of the United States, and to !U- A ^12^25?; 
 cause the laws to be duly executed, and the insurgents shall 32, v. 12, p. 234.' 
 
 , n -I 1 ! T 1 ,1 I J 1 -I J T -- ^ eC * 5801) K. O. 
 
 have failed to disperse by the time directed by the Presi- 
 dent, and when the insurgents claim to act under the 
 authority of any State or States, and such claim is not dis- 
 claimed or repudiated by the persons exercising the func- 
 tions of government in such State or States, or in the part 
 or parts thereof in which such combination exists, and such 
 insurrection is not suppressed by such State or States, or 
 whenever the inhabitants of any State or part thereof are 
 at any time found by the President to be in insurrection 
 against the United States, the President may, by procla- 
 mation, declare that the inhabitants of such State, or of 
 any section or part thereof where such insurrection exists, 
 are in a state of insurrection against the United States ; 
 and thereupon all commercial intercourse by and between 
 the same and the citizens thereof and the citizens of the 
 rest of the United States shall cease and be unlawful so 
 long as such condition of hostility shall continue; and all 
 goods and chattels, wares and merchandise, coming from 
 such State or section into the other parts of the United 
 States, or proceeding from other parts of the United States 
 to such State or section, by land or water, shall, together 
 with the vessel or vehicle conveying the same, or conveying 
 
 J See, also, for authority to use military force in connection with Indian reserva- 
 tions and for the protection of Indians, 'sections 2118, 2147, 2150, 2151, and 2152, lie- 
 vised Statutes, and the chapter entitled THE INDIANS, ETC. 
 
574 THE MILITARY LAWS OF THE UNITED STATES. 
 
 persons to or from such State or section, be forfeited to 
 the United States. 1 
 in loyal states. 1515. Whenever any part of a State not declared to be 
 
 July 2, 18G4, c. . . . . . 
 
 225,8.5, v. is, p. m insurrection is under the control of insurgents, or is in 
 sec. 5302, B.S. dangerous proximity to places under their control, all com- 
 mercial intercourse therein and therewith shall be subject 
 to the prohibitions and conditions of the preceding section 
 for such time and to such extent as shall become necessary 
 to protect the public interests, and be directed by the Sec- 
 retary of the Treasury, with the approval of the President. 
 TO whom pro- 1516. The provisions of this Title in relation to commer- 
 
 hibition shall ex- 
 
 te sec 4 ibid cial intercourse shall apply to all commercial intercourse 
 sec. 5303, R. s. by and between persons residing or being within districts 
 within the lines of national military occupation in the 
 States or parts of States declared in insurrection, whether 
 with each other or with persons residing or being within 
 districts declared in insurrection and not within those lines ; 
 and all persons within the United States, not native or 
 naturalized citizens thereof, shall be subject to the same 
 prohibitions, in all commercial intercourse with inhabitants 
 of States or parts of States declared in insurrection, as 
 citizens of States not declared to be in insurrection. 
 Commercial in- 1517. The President may. in his discretion, license and 
 
 tercourse, to 
 
 what extent per- permit commercial intercourse with any part of such State 
 
 mitted. 
 
 July is. 1861, c. or section, the inhabitants of which are so declared in a 
 
 3, s. 5, v. 12, p. 257; 
 
 Juiy2,i864,c.225, state of insurrection, so far as maybe necessary to author- 
 8 'sec'.5304, J B.'s.ize supplying the necessities of loyal persons residing in 
 insurrectionary States, within the lines of actual occupa- 
 tion by the military forces of 'the United States, as indi- 
 cated by published order of the commanding general of 
 the department or district so occupied j and, also, so far as 
 may be necessary to authorize persons residing within such 
 lines to bring or send to market in the loyal States any 
 products which they shall have produced with their own 
 labor or the labor of freedmen, or others employed and paid 
 by them, pursuant to rules relating thereto, which may be 
 established under proper authority. And no goods, wares, 
 or merchandise shall be taken into a State declared in 
 insurrection, or transported therein, except to and from 
 such places and to such monthly amounts as shall have 
 been previously agreed upon, in writing, by the command- 
 ing general of the department in which such places are 
 situated, and an officer designated by the Secretary of the 
 Treasury for that purpose. Such commercial intercourse 
 
 i The Reform, 2 Wall., 258; ibid., 3 Wall., 6J7; U. S. v. Weed, 5 Wall., 02; The 
 Iliimpton. 5 Wall., 372; The Ouachita Cotton, 6 Wall., 521; The Venice. 2 Wall., 258; 
 Cutnerv. TJ. S., 17 Wall., 517. 
 
THE MILITARY LAWS OF THE UNITED STATES. 575 
 
 shall be in such articles and for such time and by such 
 persons as the President, in his discretion, may think most 
 conducive to the public interest; and, so far as by him 
 licensed, shall be conducted and carried on only in pur- 
 suance of rules and regulations prescribed by the Secretary 
 of the Treasury. 1 
 
 1518. The Secretary of the Treasury may appoint such 
 officers at places where officers of the customs are not now 
 authorized by law as may be needed to carry into effect M^s, ^12,, p.^67 ; 
 such licenses, rules, and regulations. In all cases where 171, a. 28, v. is', p. 
 officers of the customs, or other salaried officers, are ap- sec. 5305, R. s. 
 pointed by him to carry into effect such licenses, rules, and 
 regulations, such officer shall be entitled to receive one 
 thousand dollars a year for his services, in addition to his 
 
 salary or compensation under any other law. But the ag- 
 gregate compensation of any such officer shall not exceed 
 the sum of five thousand dollars in any one year. 
 
 1519. Every officer of the United States, civil, military, %^^- 
 or naval, and every sutler, soldier, marine, or other person, 225 U s ly io 2 V 18 i3' ? 
 who takes, or causes to be taken into a State declared to 37 
 
 ec.OoOb, K. o. 
 
 be in insurrection, or to any other point to be thence taken 
 into such State, or who transports or sells, or otherwise 
 disposes of therein, any goods, wares, or merchandise 
 whatsoever, except in pursuance of license and authority 
 of the President, as provided in this Title, or who makes 
 any false statement or representation upon which license 
 and authority is granted for such transportation, sale, or 
 other disposition, or who, under any license or authority 
 obtained, willfully and knowingly transports, sells, or other- 
 wise disposes of any other goods, wares, or merchandise 
 than such as are in good faith so licensed arid authorized, 
 or who willfully and knowingly transports, sells, or dis- 
 poses of the same, or any portion thereof, in violation of 
 the terms of such license or authority, or of any rule or 
 regulation prescribed by the Secretary of the Treasury 
 concerning the same, or who is guilty of any act of embez- 
 zlement, of willful misappropriation of public or private 
 money or property, of keeping false accounts, or of willfully 
 making any false returns, shall be deemed guilty of a mis- 
 demeanor, and shall be fined not more than five thousand 
 dollars, and imprisoned in the penitentiary not more than 
 three years. Violations of this section shall be cognizable 
 before any court, civil or military, competent to try the 
 same. 
 
 J The Sea Lion, 5 Wall., 630; The Ouachita Cotton, G Wall., 521; Coppell v. Hall, 7 
 Wall., 542; McKee v. U. S., 8 Wall., 163; TJ. S. v. Lane, 8 Wall., 185. 
 
576 THE MILITARY LAWS OF THE UNITED STATES. 
 
 investigations 1520. It shall be the duty of the Secretary of the Treas- 
 
 to detect frauds. 
 
 ibid. ury, from time to time, to institute such investigations as 
 
 Sec. 5307, R.S. 7 ,/>-i-ii 
 
 may be necessary to detect and prevent frauds and abuses 
 in any trade or transactions which may be licensed between 
 inhabitants of loyal States and of States in insurrection. 
 And the agents making such investigations shall have 
 power to compel the attendance of witnesses, and to make 
 examinations on oath. 
 
 pr C ope 8 r C tyem f 1521 ' Wneiiever during any insurrection against the 
 ployed in 'aid oi Government of the United States, after the President shall 
 
 insurrection. 
 
 8 ^> - have declared by proclamation that the laws of the United 
 319. ' ' States are opposed, and the execution thereof obstructed, 
 
 ' by combinations too powerful to be suppressed by the ordi- 
 nary course of judicial proceedings, or by the power vested 
 in the marshals by law, any person, or his agent, attor- 
 ney, or employe, purchases or acquires, sells or gives, any 
 property of whatsoever kind or description, with intent to 
 use or employ the same, or suffers the same to be used or 
 employed in aiding, abetting, or promoting such insurrec- 
 tion or resistance to the laws, or any person engaged therein ; 
 or being the owner of any such property, knowingly uses 
 or employs, or consents to such use or employment of the 
 same, all such property shall be lawful subject of prize 
 and capture wherever found; and it shall be the duty of 
 the President to cause the same to be seized, confiscated, 
 and condemned. 1 
 
 W hereTad! ng8 ' 1522. Such prizes and capture shall be condemned in the 
 6o, A s Ug 2, 6 V 18 i 6 2,' p! district or circuit court of the United States having juris- 
 c^^^Vis'. diction of the amount, or in admiralty in any district in 
 sec.6309, K. s. wn i cn the same [may] be seized, or into which they may be 
 taken and proceedings first instituted. 
 
 15 23. No property seized or taken upon any of the inland 
 waters of the United States by the naval forces thereof 
 37 sec.53io, E. s. sua ^ ^ e regarded as maritime prize; but all property so 
 seized or taken shall be promptly delivered to the proper 
 officers of the courts. 
 
 m H sThaFi r be e in". 1524> The Attorney-General, O r the attorney of the United 
 
 stated. States for any judicial district in which such property may 
 
 68,s.3,v. i2, p.319.' at the time be, may institute the proceedings of coudemua- 
 
 ' tion, and in such case they shall be wholly for the benefit 
 
 of the United States; or any person may file an informa- 
 
 tion with such attorney, in which case the proceedings 
 
 shall be for the use of such informer and the United States 
 
 in equal parts. 2 
 
 i Mrs. Alexander's Cotton, 2 Wall., 404; Union Ins. Co. v. U. S., 6 Wall., 759; Arm- 
 strong's Foundry, 6 Wall., 7GG ; Morris's Cotton, 8 Wall. , 507 ; U. S. v. Shares of Capital 
 Stock, 5Blatch.,231. 
 
 "Francis v. U.S., 5 Wall., 338; Confiscation Cases, 7 Wall., 454; Miller v.TJ. S., 11 
 Wall., 268; Tyler v. Defrees, 11 Wall., 331. 
 
THE MILITARY LAWS OF THE UNITED STATES. 577 
 
 1525. The Secretary of the Treasury is authorized to pro- 
 hibit and prevent the transportation in any vessel, or upontion of goods to 
 
 J f aid insurrection. 
 
 any railroad, turnpike, or other road or means of transpor- May 20, 1862, c. 
 
 tation within the United States, of any property, whatever sec.'53i2, p B. s.' 
 
 may be the ostensible destination of the same, in all cases 
 
 where there are satisfactory reasons to believe that such 
 
 property is intended for any place in the possession or 
 
 under the control of insurgents against the United States, 
 
 or that there is imminent danger that such property will 
 
 fall into the possession or under the control of such insur- 
 
 gents ; and he is further authorized, in all cases where he 
 
 deems it expedient so to do, to require reasonable security 
 
 to be given that property shall not be transported to any 
 
 place under insurrectionary control, and shall not, in any 
 
 way, be used to give aid or comfort to such insurgents; 
 
 and he may establish all such general or special regulations 
 
 as may be necessary or proper to carry into effect the pur- 
 
 poses of this section; and if any property is transported in 
 
 violation of this act, or of any regulation of the Secretary 
 
 of the Treasury, established in pursuance thereof, or if any 
 
 attempt shall be made so to transport any, it shall be 
 
 forfeited. 1 
 
 1528. All persons in the military or naval service of the Prohibition 
 United States are prohibited from buying or selling, trading, 
 or in any way dealing in captured or abandoned property, 
 whereby they shall receive or expect any profit, benefit, or 277'. 8 ' 10) v ' 13> p ' 
 advantage to themselves, or any other person, directly or Sec - 813 B - s ' 
 indirectly connected with them; and it shall be the duty 
 of such person whenever such property comes into his pos- 
 session or custody, or within his control, to give notice 
 thereof to some agent, appointed by virtue of this Title, 
 and to turn the same over to such agent without delay. 
 Any officer of the United States, civil, military, or naval, 
 or any sutler, soldier, or marine, or other person who shall 
 violate any provision of this section, shall be deemed guilty 
 of a misdemeanor, and shall be fined not more than five 
 thousand dollars, and imprisoned in the penitentiary not 
 more than three years. Violations of this section shall be 
 cognizable before any court, civil or military, competent to 
 try the same. 
 
 1527. Whenever the President shall deem it impracti- change of port 
 
 ,,1 /. i r> , , . , . ,of entry in case 
 
 cable, by reason 01 unlawful combinations of persons in of insurrection. 
 opposition to the laws of the United States, to collect the 3, 1 
 duties on imports in the ordinary way, at any port of entry Se 
 in any collection-district, he may cause such duties to be 
 
 i Gay's Gold, 13 Wall., 358. 
 
 1919 37 
 
578 THE MILITARY LAWS OF THE UNITED STATES. 
 
 collected at any port of delivery in the district until such 
 obstruction ceases; in such case the surveyor at such port 
 of delivery shall have the powers and be subject to all the 
 obligations of a collector at a port of entry. The Secretary 
 of the Treasury, with the approval of the President, shall 
 also appoint such weighers, gangers, measurers, inspectors, 
 appraisers, and clerks as he may deem necessary, for the 
 faithful execution of the revenue laws at such port of 
 delivery, and shall establish the limits within which such 
 port of delivery is constituted a port of entry. And all the 
 provisions of law regulating the issue of marine papers, 
 the coasting- trade, the warehousing of imports, and the 
 collection of duties, shall apply to the ports of entry thus 
 constituted, in the same manner as they do to ports of 
 entry established by law. 
 
 tom e hous a e lofcu8 " 1528t Wnene ver, at any port of entry, the duties on irn- 
 ^sec. 2, did., p. ports cannot, in the judgment of the President, be collected 
 .Mar.s, 1875, c. in the ordinary way, or by the course provided in the pre- 
 469. ' ceding section, by reason of the cause mentioned therein, 
 'he may direct that the custom-house for the district be 
 established in any secure place within the district, either 
 on land or on board any vessel in the district, or at sea near 
 the coast; and in such case the collector shall reside at 
 such place, or on shipboard, as the case may be, and there 
 detain all vessels and cargoes arriving within or approach- 
 ing the district, until the duties imposed by law on such 
 vessels and their cargoes are paid in cash. But if the 
 owner or consignee of the cargo on board any vessel thus 
 detained, or the master of the vessel, desires to enter a port 
 of entry in any other district where no such obstructions 
 to the execution of the laws exist, the master may be per- 
 mitted so to change the destination of the vessel and cargo 
 in his manifest; whereupon the collector shall deliver him 
 a written permit to proceed to the port so designated. And 
 the Secretary of the Treasury, with the approval of the 
 President, shall make proper regulations for the enforce- 
 ment on shipboard of such provisions of the laws regu- 
 lating the assessment and collection of duties as in his 
 judgment may be necessary and practicable. 
 
 P receding me 8 n ec f 1529 ' It: slia11 ke unlawfu l to take any vessel or cargo 
 U Ju 8 i y 12 1861 c detained under the preceding section from the custody of 
 3 'Iec' s'siVk 2 ^' ^ e P r P er om%cer s of the customs, unless by process of some 
 court of the United States; and in case of any attempt 
 otherwise to take such vessel or cargo by any force, or com- 
 bination, or assemblage of persons, too great to be overcome 
 by the officers of the customs, the President, or such person 
 
THE MILITARY LAWS OP THE UNITED STATES. 579 
 
 as he shall have empowered for that purpose, may employ 
 such part of the Army or Navy or militia of the United 
 States, or such force of citizen volunteers as may be neces- 
 sary, to prevent the removal of such vessel or cargo, and 
 to protect the officers of the customs in retaining the cus- 
 tody thereof. 
 
 1530. Whenever, in any collection-district, the duties on -Entire district 
 
 . . ' closed to entry. 
 
 imports cannot, in the judgment of the President, be col- sec.<MWd. 
 lected in the ordinary way, nor in the manner provided by 
 the three preceding sections, by reason of the cause men- 
 tioned in section fifty-three hundred and fourteen [Eev. 
 Stat.], 1 the President may close the port of entry in that 
 district ; and shall in such case give notice thereof by proc- 
 lamation. And thereupon all right of importation, ware- 
 housing, and other privileges incident to ports of entry 
 shall cease and be discontinued at such port so closed until 
 it is opened by the order of the President on the cessation 
 of such obstructions. Every vessel from beyond the United 
 States, or having on board any merchandise liable to duty, 
 which attempts to enter any port which has been closed 
 under this section, shall, with her tackle, apparel, furni- 
 ture, and cargo, be forfeited. 
 
 1531. In the execution of laws providing for the col- vessels in ad- 
 lection of duties on imports and tonnage, the President, nu cutters migr 
 
 , ..... . , be employed. 
 
 in addition to the re venue- cutters in service, may employ see.7,wdk 
 
 ^!A* "" *i I R W 
 
 in aid thereof such other suitable vessels as may, in his 
 judgment, be required. 
 
 1532. From and after fifteen days after the issuing of the Forfeiture of 
 proclamation, as provided in section fifty-three hundred Tng to citieenTS 
 and one [Eev. Stat.], 2 any vessel belonging in whole or iiistet tioliary 
 part to any citizen or inhabitant of such State or part of sec?53i9,R.s. 
 a State whose inhabitants are so declared in a state of 
 insurrection, found at sea, or in any port of the rest of the 
 
 United States, shall be forfeited. 3 
 
 1533. The Secretary of the Treasury is authorized to Refusal of 
 
 . clearance to ves- 
 
 refuse a clearance to any vessel or other vehicle laden with seis laden with 
 
 , ,. -.i.-in P , suspected mer- 
 
 merchandise, destined for a foreign or domestic port, when- change. 
 ever he shall have satisfactory reason to believe that Bach * i, y if^. 12, 
 merchandise, or any part thereof, whatever may be its 4 s ec . 5320, B.S. 
 ostensible destination, is intended for ports in possession 
 or under control of insurgents against the United States; 
 and if any vessel for which a clearance or permit has been 
 refused by the Secretary of the Treasury, or by his order, 
 shall depart or attempt to depart for a foreign or domestic 
 
 1 Paragraph 1527, ante. 
 
 2 Paragraph 1514, ante. 
 
 8 The Schooner Keeling, Blatch. Pr. Cas., 92. 
 
580 THE MILITARY LAWS OF THE UNITED STATES. 
 
 port without being duly cleared or permitted, such vessel, 
 with her tackle, apparel, furniture, and cargo, shall be 
 forfeited. 
 
 ci?a^ce. up n 1534 - Whenever a permit or clearance is granted for 
 lec!532i d 'B.s. e ^her a foreign or domestic port, it shall be lawful for the 
 collector of the customs granting the same, if he deems it 
 necessary, under the circumstances of the case, to require 
 a bond to be executed by the master or the owner of the 
 vessel, in a penalty equal to the value of the cargo, and 
 with sureties to the satisfaction of such collector, that the 
 cargo shall be delivered at the destination for which it is 
 cleared or permitted, and that no part thereof shall be used 
 in affording aid or comfort to any person or parties in 
 insurrection against the authority of the United States. 
 d^n"d U ?es8 C eis! 1535. In all cases wherein any vessel, or other property, 
 M??iyBf c ' * 8 condemned in any proceeding by virtue of any laws 
 sec. 6322, R.s. relating to insurrection or rebellion, the court rendering 
 judgment of condemnation shall, notwithstanding such 
 condemnation, and before awarding such vessel, or other 
 property, or the proceeds thereof, to the United States, or 
 to any informer, first provide for the payment, out of the 
 proceeds of such vessel, or other property, of any bona- 
 fide claims which shall be filed by any loyal citizen of the 
 United States, or of any foreign state or power at peace 
 and amity with the United States, intervening in such pro- 
 ceeding, and which shall be duly established by evidence 
 as a valid claim against such vessel, or other property, 
 under the laws of the United States or any State thereof 
 not declared to be in insurrection. No such claim shall be 
 allowed in any case where the claimant has knowingly 
 participated in the illegal use of such ship, vessel, or other 
 property. This section shall extend to such claims only as 
 might have been enforced specifically against such vessel, 
 or other property, in any State not declared to be in insur. 
 rection, wherein such claim arose. 1 
 
 CIVIL RIGHTS. 
 
 umilr a thei r li ht8 1536< A11 Persons within the jurisdiction of the United 
 nf s^eV^ie'p' states sna11 ^ ave tn ^ same right in every State and Terri- 
 144'^Mai-^ M875. tory to make and enforce contracts, to sue, be parties, give 
 
 P sec 6 'i977 R s evidence > and to tae ful1 aud equal benefit of all laws and 
 proceedings for the security of persons and property as is 
 enjoyed by white citizens, and shall be* subject to like pun- 
 ishment, pains, penalties, taxes, licenses, and exactions of 
 every kind, and to no other. 
 
 1 The Hampton, 5 Wall., 372. 
 
THE MILITARY LAWS OF THE UNITED STATES. 581 
 
 1537. All citizens of the United States shall have the Bights of da- 
 
 zens inrespectto 
 
 same right, in every State and Territory, as is enjoyed by ai and personal 
 white citizens thereof to inherit, purchase, lease, sell, hold, Apr. g.'isee. c . 
 
 J 31,8.1,v.l4,p.27. 
 
 and convey real and personal property. sec.i978,R.s. 
 
 1538. Every peron who, under color of any statute, 
 ordinance, regulation, custom, or usage, of any State or^ ig7i c 
 Territory, subjects, or causes to be subjected, any citizen of 2 V - 1 -* 9 l7 '%'- 
 Die United States or other person within the jurisdiction 
 
 thereof to the deprivation of any rights, privileges, or im- 
 munities secured by the Constitution and laws, shall be 
 liable to the party injured in an action at law, suit in equity, 
 or other proper proceeding for redress. 
 
 1539. First. If two or more persons in any State or Ter- jjfyll^i c 
 ritory conspire to prevent, by force, intimidation, or threat, ^ r v - ^im^i' 
 any person from accepting or holding any office, trust, o r Mkr' Y' 1875' ^c' 
 place of confidence under the United States, or from dis- *< '* 2 '- v - is. P- 
 charging any duties thereof ; or to induce by like means sec.i980,R.s. 
 any officer of the United States to leave any State, district, 
 
 or place, where his duties as an officer are required to be 
 performed, or to injure him in his person or property on 
 account of his lawful discharge of the duties of his office, 
 or while engaged in the lawful discharge thereof, or to 
 injure his property so as to molest, interrupt, hinder, or 
 impede him in the discharge of his official duties ; 
 
 Second. If two or more persons in any State or Territory 
 conspire to deter, by force, intimidation, or threat, any 
 party or witness in any court of the United States from 
 attending such court, or from testifying to any matter 
 pending therein, freely, fully, and truthfully, or to injure 
 such party or witness in his person or property on account 
 of his having so attended or testified, or to influence the 
 verdict, presentment, or indictment of any grand or petit 
 juror in any such court, or to injure such juror in his per- 
 son or property on account of any verdict, presentment, or 
 indictment lawfully assented to by him, or of his being or 
 having been such juror; or if two or more persons conspire 
 for the purpose of impeding, hindering, obstructing, or 
 defeating, in any manner, the due course of justice in any 
 State or Territory, with intent to deny to any citizen the 
 equal protection of the laws, or to injure him or his prop- 
 erty for lawfully enforcing, or attempting to enforce, the 
 right of any person, or class of persons, to the equal pro- 
 tection of the laws; 
 
 Third. If two or more persons in any State or Territory 
 conspire, or go in disguise on the highway or on the prem- 
 ises of another, for the purpose of depriving, either directly 
 or indirectly, any person or kiss of persons of the equal 
 
582 THE MILITARY LAWS OF THE UNITED STATES. 
 
 protection of the laws, or of equal privileges and immunities 
 under the laws; or for the purpose of preventing or hinder- 
 ing the constituted authorities of any State or Territory 
 from giving or securing to all persons within such State or 
 Territory the equal protection of the laws ; or if two or more 
 persons conspire to prevent by force, intimidation, or threat, 
 any citizen who is lawfully entitled to vote, from giving 
 his support or advocacy in a legal manner, toward or in 
 favor of the election of any lawfully qualified person as an 
 elector for President or Yice-President, or as a member of 
 Congress of the United States ; or to injure any citizen in 
 person or property on account of such support or advocacy; 
 in any case of conspiracy set forth in this section, if one 
 or more persons engaged therein do, or cause to be done, 
 any act in furtherance of the object of such conspiracy, 
 whereby another is injured in his person or property, or 
 deprived of having and exercising any right or privilege 
 of a citizen of the United States, the party so injured or 
 deprived may have an action for the recovery of damages, 
 occasioned by such injury or deprivation, against any one 
 or more of the conspirators. 
 
 1540. Every person who, having knowledge that any of 
 the wrongs conspired to be done, and mentioned in the 
 22, s. 6,' v.i7, p. is. preceding section, are about to be committed, and having 
 
 Soc 1981 5 Ik. S 
 
 power to prevent or aid in preventing the commission of 
 the same, neglects or refuses so to do, if such wrongful act 
 be committed, shall be liable to the party injured, or his 
 legal representatives, for all damages caused by such 
 wrongful act, which such person by reasonable diligence 
 could have prevented; and such damages maybe recov- 
 ered in an action on the case; and any number of persons 
 guilty of such wrongful neglect or refusal may be joined 
 as defendants in the action ; and if the death of any party 
 be caused by any such wrongful act and neglect, the legal 
 representatives of the deceased shall have such action 
 therefor, and may recover not exceeding five thousand dol- 
 lars damages therein, for the benefit of the widow of the 
 deceased, if there be one, and if there be no widow, then 
 for the benefit of the next of kin of the deceased. But no 
 action under the provisions of this section shall be sus- 
 tained which is not commenced within one year after the 
 cause of action has accrued. 
 
 1541< The District attorneys, marshals, and deputy mar- 
 
 ecute. shals, the commissioners appointed by the circuit and ter- 
 
 Apr. 9, 1866, c. .. . , 
 
 si, s. 4, v. 14, p.ritonal courts, with power to arrest, imprison, or bail 
 o. iu, LV. ie| offenders, and every other officer who is especially em- 
 p 'seei i982,B.s.powered by the President, are authorized and required, at 
 
THE MILITARY LAWS OF THE UNITED STATES. 583 
 
 the expense of the United States, to institute prosecutions 
 against all persons violating any of the j^rovisions of 
 chapter seven of the Title " CRIMES," and to cause such 
 persons to be arrested, and imprisoned or bailed, for trial 
 before the court of the United States or the territorial 
 court having cognizance of the offense. 
 
 1542. The circuit courts of the United States and the er C mmi88ion - 
 district courts of the Territories, from time to time, shall 13 ^ 8 pr ^ 9 ^ 186 4 6 ' c - 
 increase the number of commissioners: so as to afford a 2s' ; May si, mo,' 
 
 , , . c. 114, s. 9, v. 16, 
 
 speedy and convenient means for the arrest and examma- P. 142. 
 tion of persons charged with the crimes referred to in the. 
 preceding section ; and such commissioners are authorized 
 and required to exercise all the powers and duties con- 
 ferred on them herein with regard to such offenses in like 
 manner as they are authorized by law to exercise with re- 
 gard to other offenses against the laws of the United States. 
 
 1543. The commissioners authorized to be appointed by The Y may P- 
 
 * point persona to 
 
 the preceding section are empowered, within their respec- execute war- 
 
 tive counties, to appoint, in writing, under their hands, 
 
 one or more suitable persons, from time to time, who shall 2s' ; May Hi, im, 
 
 execute all such warrants or other process as the commis-p.iif. 8 ' 10> v ' 16 ' 
 
 sioners may issue in the lawful performance of their duties, Sec ' 1984> B ' s " 
 
 and the persons so appointed shall have authority to sum- 
 
 mon and call to their aid the bystanders or posse comitatus 
 
 of the proper county, or such portion of the land or naval 
 
 forces of the United States, or of the militia, as may be 
 
 necessary to the performance of the duty with which they 
 
 are charged ; and such warrants shall run and be executed 
 
 anywhere in the State or Territory within which they are 
 
 issued. 
 
 1544. Every marshal and deputy marshal shall obey and 
 execute all warrants or other process, when directed to etc - 
 
 him, issued under the provisions hereof. sifiTi.!,' p. 
 
 28; May 31, 1870, c. 114, s. 10, v. 16, p. 142. Sec. 1985, B.S. 
 
 1545. The district attorneys, marshals, their deputies, at Sjf e y f etc triot 
 and the clerks of the courts of the United States and ter- 01 A P r - V 866 < - 
 
 31,s.7,v. 14, p. 29; 
 
 ritorial courts shall be paid for their services, in cases May 31, ISTI, c. 
 under the foregoing provisions, the same fees as are allowed 143'. 
 to them for like services in other cases ; and where the pro- 
 ceedings are before a commissioner he shall be entitled to 
 a fee of ten dollars for his services in each case, inclusive 
 of all services incident to the arrest and examination. 
 
 1546. Every per son appointed to execute process under po n ? t ^ rs t ( n9 e |P; 
 section nineteen hundred and eighty-four [Eev. Stat.] l 
 
 be entitled to a fee of five dollars for each party he 
 
 arrest and take before any commissioner, with such other ii4,s. 12, v. ie, p. 
 
 143. 
 
 Sec. 1987, B.8. 
 1 Paragraph 1543, ante. 
 
584 THE MILITARY LAWS OF THE UNITED STATES. 
 
 fees as may be deemed reasonable by the commissioner for 
 any additional services necessarily performed by him, such 
 as attending at the examination, keeping the prisoner in 
 custody, and providing him with food and lodging during 
 his detention, and until the final determination of the com- 
 missioner; such fees to be made up in conformity with the 
 fees usually charged by the officers of the courts of justice 
 within the proper district or county, as near as may be 
 practicable, and jtaid out of the Treasury of the United 
 States on the certificate of the judge of the district within 
 which the arrest is made, and to be recoverable from the 
 defendant as part of the judgment in case of conviction. 
 
 Speedy trial. ^ 1547. Whenever the President has reason to believe that 
 si, s p 8,V.'i4, p.V. offenses have been, or are likely to be committed against the 
 * provisions of chapter seven of the Title CRIMES, within 
 any judicial district, it shall be lawful for him, in his discre- 
 tion, to direct the judge, marshal, and district attorney of 
 such district to attend at such place within the district, 
 and for such time as he may designate, for the purpose of 
 the more speedy arrest and trial of persons so charged, 
 and it shall be the duty of every judge or other officer, 
 when any such requisition is received by him to attend at 
 the place and for the time therein designated. 
 
 Aid of themiii- 1548. It shall be lawful for the President of the United 
 
 tary and naval 
 
 forces. States, or such person as he may empower for that pur- 
 
 3i,s?9,V.i4,p.29ipose, to employ such part of the land or naval forces of 
 nJfs. is, v. i6, p! the United States, or of the militia, as may be necessary to 
 34 s'ec.i989,R.s. aid in the execution of judicial process issued under any of 
 the preceding provisions, or as shall be necessary to prevent 
 the violation and enforce the due execution of the provi- 
 sions of this Title. 
 
 Peonage aboi- 1549. The holding of any person to service or labor under 
 18 Mar. 2, 1867, c. the system known as peonage is abolished and forever pro- 
 Lei 8 ' p ' hibited in the Territory of New Mexico, or in any other 
 *ec.i990,B.s. Territory or State of the United States; and all acts, laws, 
 
 resolutions, orders, regulations, or usages of the Territory 
 of New Mexico, or of any other Territory or State, which 
 have heretofore established, maintained, or enforced, or by 
 virtue of which any attempt shall hereafter be made to 
 establish, maintain, or enforce, directly or indirectly, the 
 voluntary or involuntary service or labor of any persons as 
 peons, in liquidation of any debt or obligation, or other- 
 wise, are declared null and void. 
 
 Foregoing sec- 1550. Every per son in the military or civil service in the 
 forced. l " Territory of New Mexico shall aid in the enforcement of 
 iSe'. the preceding section. 
 
 bee. 1991, U.S. 
 
THE MILITARY LAWS OF THE UNITED STATES. 585 
 
 THE ELECTIVE FRANCHISE. 
 
 1551. No officer of the Army or Navy of the United 
 States shall prescribe or fix, or attempt to prescribe or fix, 
 
 by proclamation, order, or otherwise, the qualifications 25 1865 c 
 
 voters in any State, or in any manner interfere with the ^ a. i, v. 13, P . 
 freedom of any election in any State, or with the exercise sec. 2003, R.S. 
 of the free right of suffrage in any State. 
 
 1552. All citizens of the United States who are other- Race color or 
 
 previous couch 
 
 wise qualified by law to vote at any election by the people tion not to affect 
 
 * the right to vote. 
 
 in any State, Territory, district, county, city, parish, town- May si, ISTO, c. 
 ship, school district, municipality, or other territorial sub- HO.' 8< 
 division, shall be entitled and allowed to vote at all such 
 elections, without distinction of race, color, or previous con- 
 dition of servitude ; any constitution, law. custom, usage, or 
 regulation of any State or Territory, or by or under its 
 authority, to the contrary notwithstanding. 1 
 
 THE PUBLIC HEALTH. 
 
 1553. The quarantines and other restraints established Quarantine. 
 by the health-laws of any State, respecting any vessels laws to be ob- 
 
 u * 4. j- 4. ?+i * -U T, served by United 
 
 arriving in, or bound to, any port or district thereof, shall states officers, 
 be duly observed by the officers of the customs revenue of 6 Feb. 23,1799,0. 
 the United States, by the masters and crews of the several 
 revenue-cutters, and by the military officers commanding 
 in any fort or station upon the sea-coast ; and all such offi- 
 cers of the United States shall faithfuily aid in the exe- 
 cution of such quarantines and health-laws, according to 
 their respective powers and within their respective pre- 
 cincts, and as they shall be directed, from time to time, by 
 the Secretary of the Treasury. But nothing in this Title 
 shall enable any State to collect a duty of tonnage or 
 impost without the consent of Congress. 2 
 
 THE PUBLIC LANDS. 
 
 1554. The President is authorized to employ so much of The public 
 the land and naval forces of the United States as may be timber', unlawful 
 necessary effectually to prevent the felling, cutting down, in |ec!2460,R.s. 
 or other destruction of the timber of the United States in islTv.^sf p b 322.' 
 Florida, and to prevent the transportation or carrying 
 
 'Sections 2002 and 2005-2031, inclusive, of the lievised Statutes, were repealed by 
 the act of February 8, 1894 (28 Stat. L., 36). 2 Abb. U. S., 120; McKay v. Campbell, 
 1 Saw., 374; U. S. v. Keese et al., 92 U. S., 214; U. S. v. Cruikshank et at, 92 T7, S., 542. 
 
 2 Gibbona v, Ogden, 9 Wh., 1; Paaaenger Cases, 7 How,, 406. 
 
586 THE MILITARY LAWS OF THE UNITED STATES. 
 
 away any such timber as may be already felled or cut 
 down ; and to take such other and further measures as may 
 be deemed advisable for the preservation of the timber of 
 the United States in Florida. ( Sec. 2460, Rev. Stat. ) That 
 the President is hereby authorized to take such measures 
 as shall be necessary to remove and destroy any unlawful 
 inclosures of any of said lands, and to employ civil or mili- 
 tary force as may be necessary for that purpose. 1 Sec. 5, 
 act of February 25, 1885 (23 Stat. L., 322}. 
 Removal of 1555. That if any person or persons shall, after the pass- 
 
 2 M 445 3> * n ^ ^ n * s ac ^> ^ a ^ e P ssess i n f or m &ke a settlement on 
 any lands ceded or secured to the United States, by any 
 treaty made with a foreign nation, or by a cession from 
 any State to the United States, which lands shall not have 
 been previously sold, ceded, or leased by the United States, 
 or the claim to which lands, by such person or persons, 
 shall not have been previously recognized and confirmed 
 by the United States; or if any person or persons shall 
 cause such lands to be thus occupied, taken possession of, 
 or settled ; or shall survey, or attempt to survey, or cause 
 to be surveyed, any such lands ; or designate any bound- 
 aries thereon, by marking trees, or otherwise, until thereto 
 duly authorized bylaw; such offender or offenders, shall 
 forfeit all his or their right, title, and claim, if any he hath, 
 or they have, of whatsoever nature or kind the same shall 
 or may be, to the lands aforesaid, which he or they shall 
 have taken possession of, or settled, or cause to be occu- 
 pied, taken possession of, or settled, or which he or they 
 shall have surveyed, or attempt to survey, or cause to be 
 surveyed, or the boundaries thereof he or they shall have 
 designated, or cause to be designated, by marking trees or 
 otherwise. And it shall moreover be lawful for the Presi- 
 dent of the United States, to direct the marshal, or officer 
 acting as marshal, in the manner hereinafter directed, and 
 also to take such other measures, and to employ such mili- 
 tary force as he may judge necessary and proper, to remove 
 from lands ceded, or secured to the United States, by treaty, 
 or cession as aforesaid, any person or persons who shall 
 hereafter take possession of the same, or make, or attempt 
 to make a settlement thereon, until thereunto authorized 
 by law. * * * Sec. 1, act of March 3, 1807 (2 Stat. L., 
 445). 
 
 1 This statute appears as section 5 of the act of February 25, 1885 (23 Stat. L., 322), 
 entitled "An act to prevent unlawful occupancy of the public lands." 
 
THE MILITARY LAWS OF THE UNITED STATES. 587 
 
 OBSTRUCTING THE MAILS. 
 
 1556. Any person who shall knowingly and willfully ob- obstructing 
 
 _ , . . , , ., the mail; penal- 
 
 struct or retard the passage of the mail, or any carriage? ty. 
 
 , . . , , June 8, 1872, c. 
 
 horse, driver, or carrier carrying the same, shall, for every 335, s. 24i,v. 17, P . 
 such offense, be punishable by a fine of not more than one 31 |'ec. 3995, B.S. 
 hundred dollars. 1 
 
 CONTRACTS AND COMBINATIONS IN RESTRAINT OF TRADE. 
 
 1557. Every contract, combination in the form of trust Trusts, etc., in 
 
 the States, in re- 
 
 or otherwise, or conspiracy, in restraint of trade or com- straint of trade, 
 merce among the several States, or with foreign nations, is 6 Persons \ com- 
 
 hereby declared to be illegal. Every person who 
 
 make any such contract or engage in any such combination 26fp!209. 189 ' v ' 
 
 or conspiracy, shall be deemed guilty of a misdemeanor, 
 
 and, on conviction thereof, shall be punished by fine not Penalty. 
 
 exceeding five thousand dollars, or by imprisonment not 
 
 exceeding one year, or by both said punishments, in the 
 
 discretion of the court. 
 
 SEC. 2. Every person who shall monopolize, or attempt Persons at- 
 
 x tempting to mo- 
 
 to monopolize, or combine or conspire with any other person nopoiize, etc., 
 
 ,. _ , , guilty of misde- 
 
 or persons, to monopolize any part of the trade or com- meanor. 
 merce among the several States, or with foreign nations, 
 shall be deemed guilty of a misdemeanor, and, on convic- 
 tion thereof, shall be punished by fine not exceeding five Penalty. 
 thousand dollars, or by imprisonment not exceeding one 
 year, or by both said punishments, in the discretion of the 
 court. 
 
 SEC. 3. Every contract, combination in form of trust or Trusts, etc., in 
 
 7 . , Territories or 
 
 otherwise, or conspiracy, in restraint of trade or commerce District of GO- 
 
 in any Territory of the United States or of the District of lui 
 
 Columbia, or in restraint of trade or commerce between any 
 
 such Territory and another, or between any such Territory 
 
 or Territories and any State or States or the District of 
 
 Columbia, or with foreign nations, or between the District 
 
 of Columbia and any State or States or foreign nations, is 
 
 hereby declared illegal. Every person who shall make any persons en- 
 
 such contract or engage in any such combination or con-fufity of 
 
 spiracy, shall be deemed guilty of a misdemeanor, and, on meanor - 
 
 conviction thereof, shall be punished by fine not exceeding 
 
 five thousand dollars, or by imprisonment not exceeding Penalty. 
 
 1 The entire strength of the nation may be used to enforce, in any part of the land, 
 the full and free exercise of all national powers and the security of all rights in- 
 trusted by the Constitution to its care. The strong arm of the National Govern- 
 ment may be put forth to brush away all obstructions to the freedom of interstate 
 commerce or the transportation of the mails. If the emergency arise, the Army of 
 the nation and all its militia are at the service of the nation to compel obedience to 
 its laws. (In re Debs, 158 U. S., 564, 582; InreNeagle, 135 U, S.. 1 ; Ex parte Siebold, 
 100 TJ. S., 371, 395 ; U. S. v. Kirby, 7 Wall., 482. ) 
 
588 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Process. 
 
 one year, or by both said punishments, in the discretion of 
 the court, 
 jurisdiction of SEC. 4. The several circuit courts of the United States 
 
 United States , . , ._ 
 
 circuit courts, are hereby invested with jurisdiction to prevent and re- 
 officer8. ecl lg strain violations of this act; and it shall be the duty of the 
 several district attorneys of the United States, in their 
 respective districts, under the direction of the Attorney- 
 General, to institute proceedings in equity to prevent and 
 Procedure. restrain such violations. Such proceedings may be by way 
 of petition setting forth the case and praying that such 
 violation shall be enjoined or otherwise prohibited. When 
 the parties complained of shall have been duly notified of 
 such petition the court shall proceed, as soon as may be, to 
 Hearing, etc. the hearing and determination of the case; and pending 
 such petition and before final decree, the court may at any 
 Temporary re- time make such temporary restraining order or prohibition 
 
 straining order, , ,, , , _ . t . J . 
 
 etc. as shall be deemed just in the premises. 
 
 SEC. 5. Whenever it shall appear to the court before 
 which any proceeding under section four of this act may 
 be pending, that the ends of justice require that other 
 parties should be brought before the court, the court may 
 cause them to be summoned, whether they reside in the 
 district in which the court is held or not; and subposnas 
 to that end may be served in any district by the marshal 
 thereof. 
 
 SEC. 6. Any property owned under any contract or by 
 any combination, or pursuant to any conspiracy (and being 
 the subject thereof) mentioned in section one of this act, 
 and being in the course of transportation from one State 
 * another, or to a foreign country, shall be forfeited to the 
 United States, and may be seized and condemned by like 
 proceedings as those provided by law for the forfeiture, 
 seizure, and condemnation of property imported into the 
 United States contrary to law. 
 
 SEC. 7. Any person who shall be injured in his business 
 or property by any other person or corporation by reason 
 of anything forbidden or declared to be unlawful by this 
 act, may sue therefor in any circuit court of the United 
 States in the district in which the defendant resides or 
 is found, without respect to the amount in controversy, 
 and shall recover three fold the damages by him sus- 
 tained, and the costs of suit, including a reasonable 
 attorney's fee. 
 
 SEC. 8. That the word "person," or u persons," wherever 
 used in this act shall be deemed to include corporations 
 and associations existing under or authorized by the laws 
 
 Trust, etc., 
 property in tran- 
 sit. 
 
 Forfeiture, 
 seizure, and con- 
 demnation. 
 
 Damages. 
 
 Litigation. 
 
 Recovery. 
 
THE MILITARY LAWS OF THE UNITED STATES. 589 
 
 of either the United States, the laws of any of the Territo- 
 ries, the laws of any State, or the laws of any foreign coun- 
 try. Act of July 2, 1890 (26 Stat. L., 209). 
 
 NORTHERN PACIFIC RAILROAD. 
 
 1558. That said Northern Pacific Railroad, or any part Northern Pa- 
 
 ** cific Railroad. 
 
 thereof, shall be a post route and a military road, subject July 2, ISM, . 
 to the use of the United States, for postal, military, naval, 
 and all other government service, and also subject to such 
 regulations as Congress may impose restricting the charges 
 for such government transportation. Sec. 11, act of July 2, 
 1864 (13 Stat L,, 370). 
 
 THE UNION AND CENTRAL PACIFIC RAILROADS. 
 
 1559. That the grants aforesaid are made upon condition The union and 
 
 ,. ., ..... ... , , , Central Pacific 
 
 that said company shall pay said bonds at maturity, and railroads. 
 shall keep said railroad and telegraph line in repair and 1862, v. is, p. ire. 
 use, and shall at all times transmit dispatches over said 
 telegraph line, and transport mails, troops, and munitions 
 of war, supplies, and public stores upon said railroad for 
 the government, whenever required to do so by any depart- 
 ment thereof, and that the government shall at all times 
 have the preference in the use of the same for all the pur- 
 poses aforesaid. Sec, 6, act of July 11, 1862 (12 Stat. L., 493). 
 
 THE ATLANTIC AND PACIFIC RAILROAD. 
 
 1560. That said Atlantic and Pacific Railroad, or any The Atlantic 
 
 ?. and Pacific Rail- 
 part thereof, shall be a post route and military road, sub- road. 
 
 ject to the use of the United States for postal, military, isw.viu.p. 297.' 
 naval, and all other government service, and also subject 
 to such regulations as Congress may impose restricting the 
 charges for such government transportation. Sec. 11, act of 
 July 27, 1866 (14 Stat. L., 297). 
 
 1561. That the Southern Pacific Railroad, a company 
 incorporated under the laws of the State of California, is g v 
 hereby authorized to connect with the said Atlantic and 
 Pacific Railroad, formed under this act, at such point near 
 
 the boundary line of the State of California, as they shall 
 deem most suitable for a railroad line to San Francisco, 
 and shall have a uniform gauge and rate of freight or fare 
 with said road 5 and in consideration thereof, to aid in its 
 construction, shall have similar grants of land, subject to 
 all the conditions and limitations herein provided, and 
 shall be required to construct its road on the like regula- 
 tions, as to time and manner, with the Atlantic and Pacific 
 Railroad herein provided for. Sec. 18, act of July 27, 1866 
 (14 Stat. L., 299). 
 
590 THE MILITARY LAWS OF THE UNITED STATES. 
 
 RESTRICTION UPON THE USE OF MILITARY FORCE. 
 
 Army not tobe 1562. From and after the passage of this act it shall not 
 comitatus. be lawful to employ any part of the Army of the United 
 
 Sec.l5,Junel8, . *_ 
 
 1878, v. 20, p. 152. States, as a posse comitatus, or otherwise, for the purpose 
 of executing the laws, except in such cases and under such 
 circumstances as such employment of said force may be 
 expressly authorized by the Constitution or by act of Con- 
 gress; and no money appropriated by this act shall be 
 used to pay any of the expenses incurred in the employ- 
 ment of any troops in violation of this section. 1 Sec. 15, 
 act of June 18, 1878 (20 Stat. L., 152). 
 
 l lt is provided in section 15 of the act of June 18, 1878, chapter 263, that " From 
 and after the passage of this act it shall not be lawful to employ any part of the 
 Army of the United States, as a posse comitatus, or otherwise, for the purpose ot 
 executing the laws, except in such cases and under such circumstances as such 
 employment of said force may be expressly authorized by the Constitution or by act 
 of Congress." In view of this legislation, held as follows : 
 
 That inasmuch as it was not expressly authorized by any act of Congress that 
 United Stsites marshals should be empowered to summon the military to serve on a 
 posse comitatus (but this was authorized only indirectly and impliedly by the pro- 
 vision of the act of September 24, 1789, incorporated in section 787 of the Revised 
 Statutes), (a) the Army could not, under the existing law, legally act on the posse com- 
 itatus of a marshal or deputy marshal of the United States (b) (Dig. Opin. J. A. 
 Gen., 162, par. 6.) 
 
 That in the absence of such an ' ' unlawful combination 'as is contemplated by 
 section 5298, Revised Statutes, the President would not be authorized to employ a 
 military force to assist inspectors of customs in seizing smuggled property or arrest- 
 ing persons concerned in violations of the revenue laws, such an employment not 
 being expressly authorized by any statute. 
 
 That whenever a marshal or deputy marshal was prevented from making due serv- 
 ice of judicial process, for the arrest of persons or otherwise, by the forcible resist- 
 ance or oppositionof an unlawful combination or assemblage of persons, the President 
 was expressly authorized by section 5298, Revised Statutes, to employ such part of 
 the Army as he might deem necessary to secure the due service of such process and 
 execute the laws; first, however, in any such case (as in any case arising under sec- 
 tions 5297 and 5299), making proclamation as required by section 5300. 
 
 That, notwithstanding the legislation of June 18, 1878, the President was author- 
 ized to employ the military to arrest and prevent persons engaging in introducing 
 liquor into the Indian country contrary to law, as also to arrest persons being other- 
 wise in the Indian country i'n violation of law, (c) or to make the arrest therein of 
 Indians charged with the commission of crime, such employment being expressly 
 authorized by sections 2150 and 2152, Revised Statutes. 
 
 That the President was authorized by section 2150, Revised Statutes, to remove 
 by military force, after a reasonable notice to quit, certain persons commorant upon 
 an Indian reservation contrary to the terms of a treaty between the United States 
 and the tribe occupying the reservation, and who therefore were there "in violation 
 of law " in the sense of that section, (d) 
 
 That the provision of June 18, 1878, was not to be construed as interfering with 
 the authority and duty of the President to employ a necessary military force for the 
 removal of trespassers from a military reservation, such employment not being, 
 properly speaking, "for the purpose of executing the laws," but a mere protecting, 
 by the executive department, of public property in its military charge. (e) (Dig. 
 Opin. J. A. Gen., 162, par. 6.) 
 
 In the absence of any express provision contained in the acts authorizing the 
 President to make reservations of forest lands (acts of September 25 and October 1, 
 
 a 6 Opin. Att. Gen., 471; letter of Attorney-General Evarts to the United States 
 marshal for the northern district of Florida, Attorney-General's Office, August 20, 
 1868 ; general instructions to United States marshals from Attorney-General Taft, 
 published in General Orders 96, Headquarters of Army, 1876; also opinion cited in 
 next note. 
 
 b See, to a similar effect, opinion of the Attorney-General of October 10,1878 (16 
 Opin., 162) ; also 19 Opin., 293. 
 
 cBut note that, in view of the provisions of section 2151, Revised Statutes, an offi- 
 cer of the Army who detains a person arrested under section 2150 longer than five 
 days before "conveying him to the civil authority," or subjects him when in arrest 
 to unreasonably harsh treatment, renders himself liable to an action in damages for 
 false imprisonment. (In re Carr, 3 Sawyer, 316 ; Waters v . Campbell, 5 ibid., 17.) 
 
 dSee 14 Opin. Att. Gen., 451 ; 20 ibid., 245; and note the proclamation of the Presi- 
 dent published in General Orders 16, Headquarters of Army, 1880, relating to the 
 intrusion of unauthorized persons upon the "Indian Territory " and declaring that 
 the Army would be employed to effectuate their removal if necessary. 
 
 e "Due caution should be observed, however, that in executing this duty there be 
 no unnecessary or wanton harm done to persons or property. " (Opin. Att. Gen. , 476. ) 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 591 
 
 NEUTRALITY. 1 
 
 Par. 
 
 1563. Accepting a foreign commis- 
 
 sion. 
 
 1564. Enlisting in foreign serv- 
 
 ice. 
 
 1565. Arming vessels against peo- 
 
 ple at peace with the 
 United States. 
 
 1566. Arming vessels to cruise 
 
 against citizens of the 
 United States. 
 
 1567. Augmenting force of foreign 
 
 vessel of war. 
 
 Par. 
 
 1568. Military expeditions against 
 
 people at peace with the 
 United States. 
 
 1569. Enforcement of foregoing 
 
 provisions. 
 
 1570. Compelling foreign vessels to 
 
 depart. 
 
 1571. Armed vessels to give bond 
 
 on clearance. 
 
 1572. Detention by collectors of 
 
 customs. 
 
 1573. Construction of this title. 
 
 eign commission 
 
 1563. Every citizen of the United States who. within 
 
 ,, ., . . ,. , , . 
 
 the territory or jurisdiction thereof, accepts and exercises Apr. 20, i8is,c. 
 
 a commission to serve a foreign prince, state, colony, sec.6li8ifB. s.' 
 
 1890, and March 3, 1891, sec. 24), by which he is expressly empowered to use the 
 Army in execution of such statutes, held that the President would not be author- 
 ized to employ as a posse comitatus, or otherwise, the military forces to aid in en- 
 forcing thv regulations established by the Secretary of the Interior for the care and 
 management of such lands. Such employment, if permitted, would render the 
 troops trespassers and liable to civil suits and prosecutions. (Ibid., 165, par. 9.) 
 
 USE OF FORCE IN THE EXECUTION OF THE LAW. 
 
 The following paragraphs of the Army Eegulations of 1895 contain instructions 
 as to the manner in which troops shall be employed: 
 
 Officers of the Army will not permit troops under their command to be used to aid 
 the civil authorities as a posse comitatus, or in execution of the laws, except as 
 provided in the foregoing paragraphs (paragraphs 1265-1329, mclusive). (Par. 485, 
 A. It., 1895.) 
 
 If time will admit, applications for the use of troops for such purposes must be 
 forwarded, with statements of all material facts, for the consideration and action of 
 the President; but in case of sudden and unexpected invasion, insurrection, or riot, 
 endangering the public property of the United States, or in case of attempted or 
 threatened robbery or interruption of the United States mails, or other equivalent 
 emergency so imminent as to render it dangerous to await instructions requested 
 through the speediest means of communications, an officer of the Army may take 
 such action before the receipt of instructions as the circumstances of the case and 
 the law under which he is acting may justify, and will promptly report his action 
 and the circumstances requiring it to the Adjutant-General of the Army by tele- 
 graph, if possible, for the information of the President. (Par. 489, ibid.) 
 
 In the enforcement of the laws troops are employed as a part of the military power 
 of the United States, and act under the orders of the President as Commander in 
 Chief. They can not be directed to act under the orders of any civil officer. The 
 commanding officers of troops so employed are directly responsible to their military 
 superiors. Any unlawful or unauthorized act on their part would not be excusable 
 on the ground of an order or request received by them from a marshal or any other 
 civil officer. (Par. 490, ibid.) 
 
 Troops called into action against a mob forcibly resisting or obstructing the execu- 
 tion of the laws of the United States, or attempting to destroy property belonging 
 to or under the protection of the United States, are governed b'y the general regula- 
 tions of the Army and apply military tactics in respect to the manner in which they 
 shall act to accomplish the desired end. It is purely a tactical question in what 
 manner they shall use the weapons with which they are armed whether by fire of 
 musketry and artillery or by the use of the bayonet and saber, or by both, and at 
 what stage of the operations each or either mode of attack shall be employed. This 
 tactical question will be decided by the immediate commander of the troops, accord- 
 ing to his judgment of the situation. The fire of troops should be withheld until 
 timely warning has been given to the innocent who may be mingled with the mob. 
 Troops must never fire into a crowd unless ordered by their commanding officer, 
 except that single selected sharpshooters may shoot down individual rioters who 
 
 have fired upon or thrown missiles at the troops 
 
 alone should be used against mixed crowds in the first stages of a revolt. 
 
 As a general rule the bayonet 
 rst stages of a revolt. But as 
 
 soon as sufficient warning has been given to enable the innocent to separate them- 
 selves from the guilty, the action of the troops should be governed solely by the 
 tactical considerations involved in the duty they are ordered to perform. They 
 should make their blows so effective as to promptly suppress all resistance to lawful 
 authority, and should stqp the destruction of life the moment lawless resistance 
 has ceased. Punishment belongs not to the troops, but to the courts of justice. 
 (Par. 491, ibid.) 
 
 J The neutrality act has been uniformly treated by the Executive Departments 
 and by judges of the United States courts as embracing warlike enterprises set on 
 
592 THE MILITARY LAWS OF THE UNITED STATES. 
 
 district, or people, in war, by land or by sea, against any 
 prince, state, colony, district, or people, with whom the 
 United States are at peace, shall be deemed guilty of a high 
 misdemeanor, and shall be fined not more than two thou- 
 sand dollars, and imprisoned not more than three years. 1 
 fore? H 8er?ife in 1564. Every person who, within the territory or jurisdic- 
 sec. 2, ibid., p. tion of the United States, enlists or enters himself, or hires 
 s'ec.5282,R.s. or retains another person to enlist or enter himself, or to 
 go beyond the limits or jurisdiction of the United States 
 with intent to be enlisted or entered in the service of any 
 foreign prince, state, colony, district, or people, as a soldier, 
 or as a marine or seaman, on board of any vessel of war, 
 letter of marque, or privateer, shall be deemed guilty of 
 high misdemeanor, and shall be fined not more than one 
 thousand dollars, and imprisoned not more than three 
 years. 2 
 Armingvesseis 1565. Every person who, within the limits of the United 
 
 against people at 
 
 peace with the States, fits out and arms, or attempts to fit out and arm, 
 
 United States. 
 
 Sec.3,i6id. or procures to be fitted out and armed, or knowingly is 
 ' concerned in the furnishing, fitting out, or arming, of any 
 vessel, with intent that such vessel shall be employed in 
 the service of any foreign prince or state, or of any colony, 
 district, or people, to cruise or commit hostilities against 
 the subjects, citizens, or property of any foreign prince or 
 state, or of any colony, district, or people, with whom the 
 United States are at peace, or who issues or delivers a 
 commission within the territory or jurisdiction of the United 
 States, for any vessel, to the intent that she may be so em- 
 ployed, shall be deemed guilty of a high misdemeanor, and 
 shall be fined not more than ten thousand dollars, and im- 
 prisoned not more than three years. And every such ves- 
 sel, with her tackle, apparel, and furniture, together with 
 all materials, arms, ammunition, and stores, which may 
 have been procured for the building and equipment thereof, 
 
 foot in this country against a friendly power at peace with all the world. (U. S. v. 
 Sullivan, 9 N. Y Leg. Obs.. 257.) 
 
 The organization in one country or State of combinations to aid or abet rebellion 
 in another or in any other way to act on its political institutions, is a violation of 
 national amity and comity, and an act of semihostile interference with the affairs 
 of other peoples. * * * But there is no municipal law to forbid and punish such 
 combinations, either in the United States or Great Britain. (8 Opin. Att. Gen., 216.) 
 
 1 The policy of this country is, and ever has been, a perfect neutrality and non- 
 interference in the quarrels of other nations. (3 Opin. Att. Gen., 739.) 
 
 The act of April 30, 1818, like that of June 5, 1794, was intended to secure, beyond 
 all risk of violation, the neutrality and pacific policy which they consecrate as our 
 fundamental law. (Ibid., 741.) 
 
 2 The enlistment of seamen -or others for marine service on Mexican steamers in 
 New York, they not being Mexicans transiently within the United States, is a clear 
 violation of this section, and the persons enlisted, as well as the officers enlisting 
 them, are liable to the penalties thereby incurred. (4 Opin. Att. Gen., 336.) 
 
 This section applies to foreign consuls raising troops in the United States for the 
 military service of Great Britain. (7 ibid., 367.) It does not apply to those who go 
 abroad for foreign enlistment, or to those who transport such persons. (U. S. v. 
 Kazinski, 2 Sprague, 7.) The enlistment must be made within the territory of the 
 United States, and the section does not apply to one who goes abroad with intent 
 there to enlist. (Ibid.) The words "soldier'^and "enlist" as used in this section 
 are to be understood in their technical sense, (Ibid.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 593 
 
 shall be forfeited; one-half to the use of the informer, and 
 the other half to the use of the United States. 1 
 
 1566. Every citizen of the United States who, without . Arming vessel 
 
 to cruise against 
 
 the limits thereof, fits out and arms, or attempts to fit out citizens of the 
 
 United States. 
 
 and arm, or procures to be fitted out and armed, or know- sec.4,;&*d. 
 
 , . _ Sec. 5284, R.S, 
 
 ingly aids or is concerned in furnishing, fitting out, or 
 arming any private vessel of war, or privateer, with intent 
 that such vessel shall be employed to cruise, or commit 
 hostilities, upon the citizens of the United States, or their 
 property, or who takes the command of, or enters on board 
 of any such vessel, for such intent, or who purchases any 
 interest in any such vessel, with a view to share in the 
 profits thereof, shall be deemed guilty of a high misde- 
 meanor, and fined not more than ten thousand dollars, and 
 imprisoned not more than ten years. And the trial for 
 such offense, if committed without the limits of the United 
 States, shall be in the district in which the offender shall 
 be apprehended or first brought. 
 
 1567. Every person who, within the territory or jurisdic- Augmenting 
 
 _* 7 . " . force of foreign 
 
 tion of the United States, increases or augments, or pro- vessel of war. 
 cures to be increased or augmented, or knowingly is con- ! 
 
 i To constitute an offense under this section, the vessel must be fitted out and 
 armed with the specific intent. (U. S. v. Skinner, 1 Brun. Coll. Cases.) It is not nec- 
 essary that the vessel should be armed or manned, for the purpose of committing 
 hostilities, before she leaves the United States, if it is the intention that she shall be 
 so fitted subsequently (The City of Mexico, 28 F.R., 148), or if the separate parts 
 of the expedition are to be united on the hieh seas. (U. S. v. The Mary N. Hogan, 18 
 Fed. Eep., 529, and 20 ibid., 50.) 
 
 The status of the insurgent party will be regarded by the courts as it is regarded 
 by the political or executive departments of the United States at the time of the com- 
 mission of the alleged offense. (Gelston v. Hoyt, 3 Wheat., 246, 324; U. S. v. Palmer, 
 ibid., 610, 625; Kennett v. Chambers, 14 How., 38; Wharton, Int. Law Dig., 551, 552; 
 U. S. v. Trumbull, 48 F. R., 99, 104.) The word "people," as used in this section, "is 
 one of the denominations applied by the act of Congress to a foreign power." (U. S. 
 v. Quincy, 6 Pet., 445.) 
 
 I know of no law or regulation which forbids any person, or Government, whether 
 the political designation be real or assumed, from purchasing arms from the citizens of 
 the United States and shipping them at the risk of the purchaser. (10 Opin. Att. 
 Gen., 452.) The sending of munitions of war from a neutral country to a belligerent 
 port for sale, as articles of commerce, is unlawful only as subjecting such property to 
 capture. (The Santissima Trinidad, 7 Wheat., 283 ; The City of Mexico, 24 F. R., 924.) 
 It is the right of a belligerent to purchase goods and instruments of war in a neutral 
 nation, but it may be denied by a law passed for such purpose. (10 Opin. Att. Gen., 61.) 
 
 The provisions of this section do not apply to a vessel which receives arms and 
 munitions of war in this country, as cargo merely, with intent to carry them to a 
 party of insurgents in a foreign country, but not with the intent that they shall con- 
 stitute any part of the fittings or furnishings of the vessel herself. (U. S. v. The 
 Itata, 56 1\ R., 608 ; U. S. v. 2,000 Cases of Rifles, ibid.) A vessel is not liable to for- 
 feiture under this section, nor is she liable to condemnation as piratical on the 
 ground that she is in the employ of an insurgent party which has not been recog- 
 nized by the United States as having belligerent rights. (U. S. v. The Itata, 56 F. R., 
 608; U.'S. v. Weed, 5 Wall., 62; The Watchful, 6 Wall., 91.) 
 
 In the case of the Horsa, decided on appeal in the Supreme Court of the United 
 States on May 25, 1896, it was held "that any combination of men organized to go to 
 Cuba to make war upon its Government, provided with arms and ammunition, con- 
 stitutes a military expedition. It is not necessary that the men shall be drilled, put 
 in uniform, or prepared for efficient service, nor that they shall have been organized 
 as or according to the tactics or rules which relate to what is known as infantry, 
 cavalry, or artillery. It is sufficient that they shall have combined and organized 
 here to go there and make war on a foreign Government, and to have provided them- 
 selves with the means of doing so. Whether such provision, as by arming, etc., is 
 necessary need not be decided in this case. Nor is it important that they intended 
 to make war as an independent body or in connection with others. Where men go 
 without such combination and organization to enlist as individuals in a foreign 
 army, they do not constitute such military expedition, and the fact that the vessel 
 carrying them might carry arms as merchandise would not be important." See also 
 The Estrella, 4 Wh., 298 ; The Gran Para, 7 Wh., 471 ; The Santa Maria, 7 Wh., 490; 
 TheMonte Allegre, 7 Wh., 520 ; U. S. v. Reyburn, 6Pet., 352 ; U. S. v. Quincy, 6Pet., 445. 
 
 1919 38 
 
594 THE MILITARY LAWS OF THE UNITED STATES. 
 
 cerned in increasing or augmenting, the force of any ship 
 of war, cruiser, or other armed vessel, which, at the time of 
 her arrival within the United States, was a ship of war, 
 or cruiser, or armed vessel, in the service of any foreign 
 prince or state, or of any colony, district, or people, or 
 belonging to the subjects or citizens of any such prince 
 or state, colony, district, or people, the same being at war 
 with any foreign prince or state, or of any colony, district, 
 or people, with whom the United States are at peace, 
 by adding to the number of the guns of such vessel, or by 
 changing those on board of her for guns of a larger cali- 
 ber, or by adding thereto any equipment solely applicable 
 to war, shall be deemed guilty of a high misdemeanor, and 
 shall be fined not more than one thousand dollars and be 
 imprisoned not more than one year. 1 
 
 Military expe- 1568. Every person who, within the territory or juris- 
 peopie at tJeace diction of the United States, begins, or sets on foot, or 
 
 with the United f .... > 
 
 states. provides or prepares the means for, any military expedi- 
 
 449. ec ' p ' tion or enterprise, to be carried on from thence against the 
 
 sec. 6286, R.S. ^ err ^ or y or dominions of any foreign prince or state, or of 
 any colony, district, or people, with whom the United 
 States are at peace, shall be deemed guilty of a high mis- 
 demeanor, and shall be fined not exceeding three thousand 
 dollars, and imprisoned not more than three years. 2 
 Enforcement 1569. The district courts shall take cognizance of all 
 
 of foregoing pro- 
 visions, complaints, by whomsoever instituted, in cases of captures 
 
 Feb. is, 1875, c. made within the waters of the United States, or within a 
 
 80, v. 18, p. 320. 7 . 
 
 Sec. 5287, R.S. marine league of the coasts or shores thereof. In every 
 case in which a vessel is fitted out and armed, or attempted 
 to be fitted out and armed, or in which the force of any 
 vessel of war, cruiser, or other armed vessel is increased or 
 augmented, or in which any military expedition or enter- 
 prise is begun or set on foot, contrary to the provisions and 
 prohibitions of this Title; and in every case of the capture 
 of a vessel within the jurisdiction or protection of the 
 
 1 The repair of Mexican war steamers in the port of New York, together with 
 the augmenting their force by adding to the number of their guns, or by changing 
 those originally on board for those of larger caliber, or by the addition of any equip- 
 ment solely applicable to war, is a violation of this section. But the repair of their 
 bottoms or copper, etc., does not constitute any increase or augmentation of force 
 within the meaning of the act, and the steamers are not liable to seizure by any 
 judicial process under it. (4 Opin. Att. Gen., 336.) 
 
 The taking on of a crew of American citizens, or of aliens domiciled in the United 
 States, would constitute a violation of tins section. (The Alerta, 9 Cranch, 359.) 
 
 2 When a party of insurgents, already organized and carrying on war against the 
 government of a foreign country, send a vessel to procure arms and ammunition in 
 the United States, the act of purchasing such arms and ammunition and placing 
 them aboard the vessel is not within the scope of this section which prescribes a 
 penalty for every person who, within the limits of the United States, begins or sets 
 on foot, or prepares or provides the means for any military expedition or enterprise 
 "to be carried on from thence." Such expeditions and enterprises must originate 
 within the jurisdiction of the United States, and the terms of the statute do not 
 apply to an expedition originating within the territory of a foreign state. (U. S. v. 
 Trumbnll, 48 F. R., 99.) For liability of the officers of the ship, see U. S. v. Rand, 37 
 ibid, 142. * 
 
THE MILITARY LAWS OF THE UNITED STATES. 595 
 
 United States as before defined ; and in every case in 
 which any process issuing out of any court of the United 
 States is disobeyed or resisted by any person having the 
 custody ot any vessel of war, cruiser or other armed vessel 
 of any foreign prince or state, or of any colony, district, or 
 people, or of any subjects or citizens of any foreign prince 
 or state, or of any colony, district, or people, it shall be 
 lawful for the President, or such other person as he shall 
 have empowered for that purpose, to employ such part of 
 the land or naval forces of the United States, or of the 
 militia thereof, for the purpose of taking possession of and 
 detaining any such vessel, with her prizes, if any, in order 
 to the execution of the prohibitions and penalties of this 
 Title, and to the restoring of such prizes in the cases in 
 which restoration shall be adjudged; and also for the pur- 
 pose of preventing the carrying on of any such expedition 
 or enterprise from the territories or jurisdiction of the 
 United States against the territories or dominions of any 
 foreign prince or state, or of any colony, district, or people 
 with whom the United States are at peace. 
 
 1570. It shall be lawful for the President, or such person ^P^f^ 
 as he shall empower for that purpose, to employ such part de j ar r t- 20 1818 c 
 of the land or naval forces of the United States, or of the 88 ' 8 - 9 - V ' 
 militia thereof, as shall be necessary to compel any foreign 
 
 vessel to depart the United States in all cases in which, by 
 the laws of nations or the treaties of the United States, 
 she ought not to remain within the United States. 
 
 1571. The owners or consignees of every armed vessel 
 
 sailing out of the ports of the United States, belonging cl !ec a io e i&i<z. 
 wholly or in part to citizens thereof, shall, before clearing Sec< 6289 > K>s> 
 out the same, give bond to the United States, with sufficient 
 sureties, in double the amount of the value of the vessel 
 and cargo 011 board, including her armament, conditioned 
 that the vessel shall not be employed by such owners to 
 cruise or commit hostilities against the subjects, citizens, 
 or property of any foreign prince or state, or of any col- 
 ony, district, or people, with whom the United States are 
 at peace. 1 
 
 1572. The several collectors of the customs shall detain Detention by 
 
 collectors or cus- 
 
 any vessel manifestly built for warlike purposes, and about toms. 
 
 to depart the United States, the cargo of which principally ss.sfii.p. 450.'* 
 
 . , ... ' , *, Sec. 5290, R.S. 
 
 consists of arms and munitions of war, when the number of 
 men shipped on board, or other circumstances, render it 
 
 1 The law does not prohibit armed vessels belonging to citizens of the United 
 States from sailing out of our ports; it only requires the owners to give security 
 that such vessels shall not be employed by them to commit hostilities against foreign 
 powers at peace with the United States. (U. S. v. Quincy, 5 Pet., 445.) 
 
596 THE MILITARY LAWS OF THE UNITED STATES. 
 
 probable that such vessel is intended to be employed by 
 the owners to cruise or commit hostilities upon the sub- 
 jects, citizens, or property of any foreign prince or state, or 
 of any colony, district, or people with whom the United 
 States are at peace, until the decision of the President is 
 had thereon, or until the owner gives such bond and secur- 
 ity as is required of the owners of armed vessels by the 
 preceding section. 
 
 of C tM8 8 Se Ction 1573. The provisions of this Title shall not be construed 
 v. 3?pp 2 448,'?5o!" to extend to any subject or citizen of any foreign prince, 
 sec. 6291, R.S. s t a te, colony, district, or people who is transiently within 
 the United States, and enlists or enters himself on board 
 of any vessel of war, letter of marque, or privateer, which 
 at the time of its arrival within the United States was fitted 
 and equipped as such, or hires or retains another subject or 
 citizen of the same foreign prince, state, colony, district, 
 or people, who is transiently within the United States, to 
 enlist or enter himself to serve such foreign prince, state, 
 colony, district, or people, on board such vessel of war, 
 letter of marque, or privateer, if the United States shall 
 then be at peace with such foreign prince, state, colony, 
 district, or people. Nor shall they be construed to prevent 
 the prosecution or punishment of treason, or of any piracy 
 defined by the laws of the United States. 
 
 EXTRADITION. 
 
 protection of 1574. Whenever any person is delivered by any foreign 
 
 th Mar C "! e i869, c. government to an agent of the United States, for the pur- 
 
 i4i, s. is, P . ^ ge of being brought within the United States and tried 
 
 Sec * 6276 ' B ' s 'for any crime of which he is duly accused, the President 
 
 shall have power to take all necessary measures for the 
 
 transportation and safe-keeping of such accused person, 
 
 and for his security against lawless violence, until the final 
 
 conclusion of his trial for the crimes or offenses specified 
 
 in the warrant ot extradition, and until his final discharge 
 
 from custody or imprisonment for or on account of such 
 
 crimes or offenses, and for a reasonable time thereafter, 
 
 and may employ such portion of the land or naval forces 
 
 of the United States, or of the militia thereof, as may 
 
 be necessary for the safe-keeping and protection of the 
 
 accused. 
 
 nd* 1575. Any person duly appointed as agent to receive, in 
 V behalf of the United States, the delivery, by a foreign 
 
 a foreign Gov- _ ., .. 
 
 eminent. government, of any person accused of crime committed 
 
 sss ec P ' within the jurisdiction of the United States, and to con- 
 
 Sec.6276,R.s. place of his trial, shall have all the powers 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 597 
 
 of a marshal of the United States, in the several districts 
 through which it may be necessary for him to pass with 
 such prisoner, so far as such power is requisite for the 
 prisoner's safe-keeping. 
 
 1576. Every person who knowingly and willfully ob- Penalty for op- 
 posing agent, etc. 
 structs, resists, or opposes such agent in the execution of sec. ;j, ibid. 
 
 his duties, or who rescues or attempts to rescue such pris- 
 oner, whether in the custody of the agent or of any officer 
 or person to whom his custody has lawfully been com- 
 mitted, shall be punishable by a fine of not more than one 
 thousand dollars, and by imprisonment for not more than 
 one year. 
 
 (HJANO ISLANDS. 
 
 Par. 
 
 1577. Claim of United States to 
 
 islands. 
 
 1578. Notice of discovery and 
 
 proofs to be furnished. 
 
 1579. Completion of proof in case 
 
 of death of discoverer. 
 
 1580. Exclusive privileges of dis- 
 
 coverer. 
 
 Par. 
 
 1581. Restrictions upon exporta- 
 
 tion. 
 
 1582. Regulation of guano trade. 
 
 1583. Criminal jurisdiction. 
 
 1584. Employment of land and 
 
 naval forces. 
 
 1585. Right to abandon island. 
 
 1577. Whenever any citizen of the United States disco v- claim of united 
 
 J States to islands. 
 
 ers a deposit of guano on any island, rock, or key, not l6 ^"g- 1 8,i856,c. 
 within the lawful jurisdiction of any other government, and us'. s ' 
 
 _ _ Sec. 5570, R.S. 
 
 not occupied by the citizens of any other government, and 
 takes peaceable possession thereof, and occupies the same, 
 such island, rock, or key may, at the discretion of the Pres- 
 ident, be considered as appertaining to the United States. 
 
 1578. The discoverer shall, as soon as practicable, give Notice of dis- 
 notice, verified by affidavit, to the Department of State, of proofeto be*ftlr, 
 such discovery, occupation, and possession, describing the m lS' 
 island, rock, or key, and the latitude and longitude thereof, Sec ' 6571 ' R ' S> 
 as near as may be, and showing that such possession was 
 
 taken in the name of the United States; and shall furnish 
 satisfactory evidence to the State Department that such 
 island, rock, or key was not, at the time of the discovery 
 thereof, or of the taking possession and occupation thereof 
 by the claimants, in the possession or occupation of any 
 other government or of the citizens of any other govern 
 ment, before the same shall be considered as appertaining 
 to the United States. 
 
 1579. If the discoverer dies before perfecting' proof of completion of 
 
 proot m case of 
 
 discovery or fully complying with the provisions of the death of discov- 
 preceding section, his widow heir, executor, or adminis- Apr. 2, 1872, c. 
 trator, shall be entitled to the benefits of such discovery, see. '5572) it. s.' 
 
598 THE MILITARY LAWS OF THE UNITED STATES. 
 
 upon complying with the provisions of this Title; but 
 nothing herein shall be held to impair any rights of discovery 
 or any assignment by a discoverer heretofore recognized 
 by the United States. 
 
 Exclusive priv- 1580. The discoverer, or his assigns, being citizens of 
 erer. the United States, may be allowed, at the pleasure of Oon- 
 
 Aug. 18, 1856, c. 
 
 iG4, H. 2, v. 11, p. gress, the exclusive right ot occupying such island, rocks, 
 sec. 5573, R. s. or keys, for the purpose of obtaining guano, * * * arid 
 may be allowed to charge and receive for every ton thereof 
 delivered alongside a vessel, in proper tubs, within reach of 
 ship's tackle, a sum not exceeding eight dollars per ton for 
 the best quality, or four dollars for every ton taken while 
 in its native place of deposit. 
 
 1581> ^ g uano 8na11 be taken from any such island, 
 rock > or ke5r > exce Pt for tne use of tne citizens of the United 
 298 U s ly 3 2 V 8 i4 6 ' c ' States or of persons, resident therein. The discoverer, or 
 328'; Apr. 2, 1872, his widow, heir, executor, administrator, or assigns, shall 
 
 c. 81, s.l, v. 17, p. 
 
 48. enter into bond, in such penalty and with such sureties as 
 
 ' may be required by the President, to deliver the guano to 
 citizens of the United States, for the purpose of being used 
 therein,, and to none others, and at the price prescribed, 
 and to provide all necessary facilities for that purpose 
 within a time to be fixed in the bond ; * * * This sec- 
 tion shall, however, be suspended in relation to all persons 
 who have complied with the provisions of this Title, for five 
 years from and after the fourteenth day of July, eighteen 
 hundred and seventy-two. 1 
 Regulation of 1582. The introduction of guano from such islands, rocks. 
 
 guano trade. * 
 
 Aug. is, 1856, c. or keys, shall be regulated as in the coasting-trade between 
 120! 8 ' lP ' different parts of the United States, and the same laws 
 
 Sec. 5675. R.S. , ,, 
 
 snail govern the vessels concerned therein. 
 
 criminal juris- 1583. All acts done, and offenses or crimes committed, 
 
 SeoXttM. on any such island, rock, or key, by persons who may land 
 s ' thereon, or in the waters adjacent thereto, shall be deemed 
 committed on the high seas, on board a merchant-ship or 
 vessel belonging to the United States ; and shall be pun- 
 ished according to the laws of the United States relating 
 to such ships or vessels and offenses on the high seas, 
 which laws for the purpose aforesaid are extended over 
 such islands, rocks, and keys. 
 
 Empioymentof 1584. The President is authorized, at his discretion, to 
 forces. employ the land and naval forces of the United States to 
 
 seci 5577, R.S. protect the rights of the discoverer or of his widow, heir, 
 executor, administrator, or assigns. 
 
 1 This section was suspended for five years by the act of March 15, 1878 (20 Stat. L., 
 30), and for a further period of five years by the act of April 14, 1884 (23 Stat. L., 11). 
 
THE MILITARY LAWS OF THE UNITED STATES. 599 
 
 1585. Nothing iii this Title contained shall be construed , R1 ght * aban - 
 
 don inlands. 
 
 as obliging the United States to retain possession of the |ec. 5 ^- B g 
 islands, rocks, or keys, after the guano shall have been 
 removed from the same. 
 
 TREASON. 
 
 1586. Every person owing allegiance to the United States Jjff^' im c 
 who levies war against them, or adheres to their enemies, ^J 1 '^ 1 '^ 1 ^ 5 
 giving them aid and comfort within the United States or 145, v. is, pp. 479J 
 elsewhere, is guilty of treason. 1 sec. 5331, R.S. 
 
 1587. Every person guilty of treason shall suffer dath5 tr ^^ hmfe n tof 
 or, at the discretion of the court, shall be imprisoned at ig ul - v ^ ^^- 
 hard labor not less than five years, and fined not less than P-? 89 -. 332 R ' 
 ten thousand dollars, to be levied on and collected out of 
 
 any or all of his property, real and personal, of which he 
 was the owner at the time of committing such treason, any 
 sale or conveyance to the contrary notwithstanding; and 
 every person so convicted of treason shall, moreover, be 
 incapable of holding any office under the United States. 2 
 
 1588. Every person owing allegiance to the United States tr ^P ri8ion , of 
 and having knowledge of the commission of any treason g A pr. stuToo^c. 
 against them, who conceals, and does not, as soon as may u. 's'. .' wuti 
 
 berger, 5Wh.,97; 
 
 be, disclose and make known the same to the President or Confiscation 
 
 TT ., 10.^ cases, 1 Woods, 
 
 to some judge of the United States, or to the governor, 221; u.s.^.Tract 
 
 or to some judge or justice of a particular State, is guilty 475 Lan 
 
 of misprision of treason, and shall be imprisoned not more Sec * 5333 ' R>s - 
 
 than seven years, and fined not more than one thousand 
 
 dollars. 
 
 1589. Every person who incites, sets on foot, assists, or a ln ^ itin s 
 engages in any rebellion or insurrection against the author- iin or 
 
 ity of the United States, or the laws thereof, or gives aid uiy 17^1862, c. 
 or comfort thereto, shall be punished by imprisonment not 590. s ' 
 more than ten years, or by a fine of not more than ten 
 thousand dollars, or by both of such punishments; and 
 shall, moreover, be incapable of holding any office under 
 the United States. 
 
 1590. Every citizen of the United States, whether actually s ^^J c a J 5 
 resident or abiding within the same, or in any foreign conn- 1 g vern - 
 
 try, who, without the permission or authority of the Gov- Jan.' 30, 1799, c. 
 
 J ' 1, v.l, p. 613. 
 
 eminent, directly or indirectly, commences or carries on sec.533o,R.s. 
 any verbal or written correspondence or intercourse with 
 any foreign government, or any officer or agent thereof, 
 
 'Gearing v. TJ. S., 3 1ST. & H., 165. 
 
 <U. S. v The Insurgents. 2 Ball., 385; U. S. v. Mitchell, 2 Ball., 348; U. S. v. Vil- 
 lato, 2 Dall., 370 ; Ex parte Bolman and Swartwout, 4 Cr., 75 ; TJ. S. v. Pryor, 3 Wash., 
 234 TJ. S. v. Hanway, 2 Wall. Jr. C. C., 139 ; 1 Burr's Trial, 14-16 ; 2 Burr's Trial, 402, 
 405,417; TJ. S. v. Hoxie, 1 Paine, 265; TJ. S. v. Greathouse, 2 Abb. C. C., 364; Confis- 
 cation Cases, 20 Wall., 92; Wallack et al. v. Van Hiswick, 92 U. S., 202; Windsors. 
 McVeigh, 93 TJ, S,, 274. 
 
600 THE MILITARY LAWS OF THE UNITED STATES. 
 
 with an intent to influence the measures or conduct of any 
 foreign government or of any officer or agent thereof, in 
 relation to any disputes or controversies with the United 
 States, or to defeat 'the measures of the Government of the 
 United States ; and every person, being a citizen of, or 
 resident within, the United States, and not duly author- 
 ized, who counsels, advises, or assists in any such corre- 
 spondence, with such intent, shall be punished by a fine of 
 not more than five thousand dollars, and by imprisonment 
 during a term not less than six months, nor more than 
 three years 5 but nothing in this section shall be construed 
 to abridge the right of a citizen to apply, himself or his 
 agent, to any foreign government, or the agents thereof, 
 for redress of any injury which he may have sustained from 
 such government, or any of its agents or subjects. 
 S pSy OU8 c n ' 1591> If two or more persons in any. State or Territory 
 33 J v y i2!'p 86 284; cons P ire to overthrow, put down, or to destroy by force the 
 '2 2 v 'i^pSg' Government of the United States, or to levy war against 
 ' , or to oppose by force the authority thereof ; or by 
 
 163. ^^^ ' force to prevent, hinder, or delay the execution of any law of 
 
 ' the United States $ or by force to seize, take, or possess any 
 
 property of the United States contrary to the authority 
 
 thereof; each of them shall be punished by a fine of not 
 
 less than five hundred dollars and not more than five thou- 
 
 sand dollars; or by imprisonment, with or without hard 
 
 labor, for a period not less than six months, nor more than 
 
 six years, or by both such fine and imprisonment. 
 
 Recruiting soi- 1592. Every person who recruits soldiers or sailors within 
 
 diers or sailors * 
 
 to serve against the United States to engage in armed hostility against the 
 
 theTJnited J 
 
 states. same, or who opens within the United States a recruiting 
 
 56, 8 Ug i, V. 12,' p! station for the enlistment of such soldiers or sailors, to 
 
 317 
 
 s'ec. 5837, B.S. serve in any manner in armed hostility against the United 
 States, shall be fined not less than two hundred dollars, 
 nor more than one thousand dollars, and imprisoned not 
 less than one year, nor more than five years. 
 
 so against the 1593< Evei T soldier or sailor enlisted or engaged within 
 
 U sJ d 2 ^ e8 ' the United States, with intent to serve in armed hostility 
 
 8ec;5838,R.s. against the same, shall be punished by a fine of one hun- 
 
 dred dollars, and by imprisonment not less than one year, 
 
 nor more than three years. 
 
CHAPTER 
 
 PENSIONS. 
 
 Par. 
 1594-1612. The general pension 
 
 law. 
 1617-1629. Widows, children, and 
 
 dependent relations. 
 1630-1632. Pensions under special 
 
 acts. 
 
 1633, 1634. Mexican war pensions. 
 1635,1636. Pensions for Indian 
 
 wars prior to 1842. 
 1637-1640. The dependent pension 
 
 law. 
 1641-1642. Pensions to army 
 
 nurses, etc. 
 
 1643-1654. Commencement and ar- 
 rears of pension, etc. 
 
 Par. 
 
 1655-1663. Declarations and evi- 
 dence in pension cases. 
 
 1664-1666. Accrued and unclaimed 
 pensions. 
 
 1667-1673. Attorney's fees. 
 
 1674-1683. Payment of pensions. 
 
 1684. Duplicate checks. 
 
 1685-1692. Special examinations. 
 
 1693, 1694. Fees of examining sur- 
 geons. 
 
 1695,1696. Assignment of pen- 
 sions. 
 
 1697-1699. Investigations. 
 
 1700-1710. Miscellaneous provi- 
 sions. 
 
 THE GENERAL PENSION LAW. 
 
 1594. Every person specified in the several classes enu- who may have 
 
 pensions. 
 
 merated in the following section, who has been, since the Mar.8, ISTS, c. 
 fourth day of March, eighteen hundred and sixty-one, or 5ee,'w7. v ' ( 
 who is hereafter disabled under the conditions therein 
 stated, shall, upon making due proof of the fact, accord- 
 ing to such forms and regulations as are or may be pro- 
 vided in pursuance of law, be placed on the list of invalid 
 pensioners of the United States, and be entitled to receive, 
 for a total disability, or a permanent specific disability, 
 such pension as is hereinafter provided in such cases; and 
 for an inferior disability, except in cases of permanent 
 specific disability, for which the rate of pension is expressly 
 provided, an amount proportionate to that provided for 
 total disability ; and such pension shall commence as here- 
 inafter provided, and continue during the existence of the 
 disability. 1 
 
 'The act of March 3, 1883 (23 Stat. L., 362), contains the requirement that " all ap- 
 plicants for pension shall be presumed to have had no disability at the time of 
 enlistment, but such presumption may be rebutted." 
 
 601 
 
602 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 boat, e 
 
 o 
 tc. 
 
 mated 8e8enu ~ 1595t The P ersons entitled as beneficiaries under the 
 
 preceding section are as follows : 
 officers of First. Any officer of the Army, including regulars, vol- 
 
 Artuy and Navy, 
 
 and eniistedunteers, and militia, or any officer in the Navy or Marine 
 
 men, etc. 
 
 ibid. Corps, or any enlisted man, however employed, in the mili- 
 
 Sec 4693 R S 
 
 tary or naval service of the United States, or in its. Marine 
 Corps, whether regularly mustered or not, disabled by rea- 
 son of any wound or injury received, or disease contracted, 
 while in the service of the United States and in the line 
 of duty. 1 
 
 Second. Any master serving on a gun-boat, or any pilot, 
 engineer, sailor, or other person not regularly mustered, 
 serving upon any gun-boat or war-vessel of the United 
 States, disabled by any wound or injury received, or other- 
 wise incapacitated while in the line of duty, for procuring 
 his subsistence by manual labor. 
 
 Third. Any person not an enlisted soldier in the Army, 
 serving for the time being as a member of the militia of 
 any State, under orders of an officer of the United States, 
 or who volunteered for the time being to serve with any 
 regularly organized military or naval force of the United 
 States, or who otherwise volunteered and rendered service 
 in any engagement with rebels or Indians, disabled in con- 
 sequence of wounds or injury received in the line of duty 
 in such temporary service. But no claim of a State militia- 
 man, or nonenlisted person, on account of disability from 
 wounds, or injury received in battle with rebels or Indians, 
 while temporarily rendering service, shall be valid unless 
 prosecuted to a successful issue prior to the fourth day of 
 July, eighteen hundred and seventy-four. 
 
 ^ our ^ n ' Any acting assistant or contract surgeon disabled 
 by any wound or injury received or disease contracted in 
 the line of duty while actually performing the duties of 
 assistant surgeon or acting assistant surgeon with any 
 military force in the field, or in transitu, or in hospital. 
 
 Fifth- Any provost-marshal, deputy provost-marshal, or 
 enrolling-officer disabled, by reason of any wound or injury, 
 received in the discharge of his duty, to procure a subsist- 
 ence by manual labor. 
 
 1596< No person shall be entitled to a pension by reason 
 n of wounds or in j ur y received or disease contracted in the 
 ^ 7 etc - service of the United States subsequent to the twenty- 
 B. s. seventh day of July, eighteen hundred and sixty-eight, 
 unless the person who was wounded, or injured, or 
 
 1 For statutes regulating the remuster of officers, see the joint resolution of July 
 26, 1866 (14 Stat. L., 368), June 3, 1884 (23 Stat. L., 35), and February 3, 1887 (24 
 Stat. L., 377). 
 
 ant sueoi 
 
 wounds 8 receded 
 
 sec, 
 
THE MILITARY LAWS OP THE UNITED STATES. 603 
 
 contracted the disease was in the line of duty; and, if in the 
 military service, was at the time actually in the field, or on 
 the march, or at some post, fort, or garrison, or en route, 
 by direction of competent authority, to some post, fort, or 
 garrison; or, if in the naval service, was at the time borne 
 on the books of some ship or other vessel of the United 
 States, at sea or in harbor, actually in commission, or was 
 at some naval station, or on his way, by direction of com- 
 petent authority, to the United States, or to some other 
 vessel or naval station, or hospital. 
 
 1597. The pension for total disability shall be as folio ^s,^^^ PJJ 
 namely: For lieutenant-colonel and all officers of higher ^g^J 1 "* 3 ^ 
 rank in the military service and in the Marine Corps, and 56 ?- 
 for captain, and all officers of higher rank, commander, 
 surgeon, paymaster, and chief engineer, respectively rank- 
 ing with commander by law, lieutenant commanding and 
 master commanding, in the naval service, thirty dollars per 
 month; for major in the military service and in the Marine 
 Corps, and lieutenant, surgeon, paymaster, and chief engi- 
 neer, respectively ranking with lieutenant by law, and 
 passed assistant surgeon in the naval service, twenty-five 
 dollars per month ;- for captain in the military service and 
 in the Marine Corps, chaplain in the Army, and provost- 
 marshal, professor of mathematics, master, assistant sur 
 geon, assistant paymaster, and chaplain in the naval 
 service, twenty dollars per month; for first lieutenant in 
 the military service and in the Marine Corps, acting 
 assistant or contract surgeon, and deputy provost-marshal, 
 seventeen dollars per month; for second lieutenant in the 
 military service and in the Marine Corps, first assistant 
 engineer, ensign, and pilot in the naval service, and 
 enrolling-officer, fifteen dollars per month; for cadet-mid- 
 shipman, passed midshipman, midshipmen, clerks of admi- 
 rals and paymasters and of other officers commanding 
 vessels, second and third assistant engineer, master's mate, 
 and all warrant-officers in the naval service, ten dollars per 
 month; and for all other persons whose rank or office is 
 not mentioned in this section, eight dollars per month; and 
 the masters, pilots, engineers, sailors, and crews upon the 
 gun-boats and war- vessels shall be entitled to receive the 
 pension allowed herein to those of like rank in the naval 
 
 service. 
 
 1598. Every commissioned officer of the Army, Navy, or In ^ e " 8i r a n n k ccord " 
 Marine Corps shall receive such and only such pension as |ec?i696,B.s. 
 
 'By section 4692, Revised Statutes (paragraph 1594, supra) 
 shall be rated in proportion to that for total disability . 
 
 , an inferior disability 
 
604 THE MILITARY LAWS OF THE UNITED STATES. 
 
 is provided in the preceding section, for the rank he held 
 at the time he received the injury or contracted the disease 
 which resulted in the disability, on account of which he may 
 be entitled to a pension 5 and any commission or presiden- 
 tial appointment, regularly issued to such person, shall be 
 taken to determine his rank from and after the date, as 
 given in the body of the commission or appointment con- 
 ferring said rank : Provided, That a vacancy existed in the 
 rank thereby conferred ; that the person commissioned was 
 not disabled for military duty ; and that he did not willfully 
 neglect or refuse to be mustered. 
 
 e^Sanen 18 sY 1599. For the period commencing July fourth, eighteen 
 cffi an di8abiiity hundred and sixty-four, and ending June third, eighteen 
 1872^ B ' hundred and seventy-two, those persons entitled to a less 
 
 Sec. 3, ibid., p. , 
 
 568. pension than hereinafter mentioned, who shall have lost 
 
 73, v. 19, p. 264.' c ' both feet 1 in the military or naval service and in the line 
 
 sec. 4697, u.s. of dut ^ gliall ^ en titled to a pension of twenty dollars 
 
 per month ; for the same period those persons who, under 
 like circumstances, shall have lost both hands 1 or the sight 
 of both eyes, 1 shall be entitled to a pension of twenty-five 
 dollars per month ; and for the period commencing March 
 third, eighteen hundred and sixty-five, and ending June 
 third, eighteen hundred and seventy-two, those persons 
 who under like circumstances shall have lost one hand and 
 one foot, shall be entitled to a pension of twenty dollars 
 per month; and for the period commencing June sixth, 
 eighteen hundred and sixty-six, and ending June third, 
 eighteen hundred and seventy-two, those persons who 
 under like circumstances shall have lost one hand or one 
 foot, shall be entitled to a pension of fifteen dollars per 
 month ; and for the period commencing June sixth, eighteen 
 hundred and sixty-six, and ending June third, eighteen 
 hundred and seventy-two, those persons entitled to a less 
 pension than hereinafter mentioned, who by reason of injury 
 received or disease contracted in the military or naval serv- 
 ice of the United States and in the line of duty, shall have 
 been permanently and totally disabled in both hands, or 
 who shall have lost the sight of one eye, the other having 
 been previously lost, or who shall have been otherwise so 
 totally and permanently disabled as to render them utterly 
 helpless, or so nearly so as to require regular personal aid 
 and attendance of another person, shall be entitled to a 
 pension of twenty-five dollars per month; and for the same 
 period those who under like circumstances shall have been 
 totally and permanently disabled in both feet, or in one 
 
 By the act of June 18, 1874 (18 Stat. L., 78), this rate was fixed at $50 per month. 
 
THE MILITARY LAWS OF THE UNITED STATES. 605 
 
 hand and one foot, or otherwise so disabled as to be inca- 
 pacitated for the performance of any manual labor, but 
 not so much as to require regular personal aid and atten- 
 tion, shall be entitled to a pension of twenty dollars per 
 month j and for the same period all persons who under like 
 circumstances shall have been totally and permanently dis- 
 abled in one hand, or one foot, or otherwise so disabled as 
 to render their inability to perform manual labor equiva- 
 lent to the loss of a hand or foot, shall be entitled to- a 
 pension of fifteen dollars per month. 
 
 1600. That all persons who, while in the military or naval 
 service of the United States, and in the line of duty, 
 have lost one hand and one foot, or been totally and perma- 19 'P- 264 - 
 nently disabled in both, shall be entitled to a pension for 
 each of such disabilities, and at such a rate as is provided 
 for by the provisions of the existing laws for each disa- 
 bility : Provided, That this act shall not be so construed as 
 to reduce pensions in any case. Act of February 28, 1877 
 (19 Stat. L., 264). 
 
 1601 Whereas, it is apparent that the present pension Preamble, 
 paid to soldiers and sailors who have lost both their hands 
 or both their feet in the service of the country is greatly 
 inadequate to the support of such as have families: There- 
 fore, 
 
 Be it enacted by the Senate and House of Representatives of 
 the United States of America in Congress assembled, That on j O p 8 e g 8i f n b * 
 and after the passage of this act, all soldiers and sailors hands ' feet . or 
 
 eyes. 
 
 who have lost either both their hands or both their feet or Jnnei7,i878,v. 
 
 20, p. 144. 
 
 the sight of both eyes in the service of the United States, 
 shall receive, in lieu of all pensions now paid them by the 
 Government of the United States, and there shall be paid 
 to them, in the same manner as pensions are now paid to 
 such persons, the sum of seventy two dollars per month. 
 Act of June 17, 1878 (20 Stat. L, 144). 
 
 1602- That the act of June seventeenth, eighteen hun- Fortotaibimd- 
 dred and seventy eight, entitled "An act to increase the Mar. 3, 1379, v. 
 pensions of certain soldiers and sailors who have lost both 
 their hands or both their feet, or the sight of both eyes, in 
 the service of the country", be so construed as to include 
 all soldiers and sailors who have become totally blind from 
 causes occurring in the service of the United States. Act 
 of March 5, 1879 (20 Stat. L., 484). 
 
 1603. That all pensioners now on the pension-rolls, or, Rate for loss of 
 
 loff BI\) liip joint. 
 
 who may hereafter be placed thereon, for amputation of Mar. 3, 1879, v. 
 either leg at the hip joint, shall receive a pension at the 
 rate of thirty-seven dollars and fifty cents per month from 
 
606 THE MILITARY LAWS OF THE UNITED STATES. 
 
 the date of the approval of this act. Act of March 3, 1879 
 (20 Stat. L., 483). 
 increase of 1604, That from and after the passage of this act all per- 
 
 pension of sol- . A 
 
 diers and sailors sons on the peDSion-roll. and all persons hereafter granted a 
 
 who have lopt an . . 
 
 arm or leg in serv- pension, who, while in the military or naval service of the 
 United States, and in the line of duty, shall have lost one 
 hand or one foot, or been totally or permanently disabled 
 in the same, or otherwise so disabled as to render their 
 incapacity to perform manual labor equivalent to the loss 
 
 22 Ma 4i>3' 1883 ' v ' ^ a nan( ^ or a ft> shall receive a pension of twenty-four 
 dollars per month; that all persons now on the pension- 
 roll, and all persons hereafter granted a pension, who in 
 above 8 ei bow ar ^ like manner shall have lost either an arm at or above the 
 knee ab ve thee ^ow, or a leg at or above the knee, or shall have been 
 otherwise so disabled as to be incapacitated for performing 
 any manual labor, but not so much as to require regular 
 personal aid and attendance, shall receive a pension of 
 thirty dollars per month : Provided, That nothing contained 
 in this act shall be construed to repeal section forty-six 
 hundred and ninety-nine of the Revised Statutes of the 
 United States, or to change the rate of eighteen dollars per 
 month therein mentioned to be proportionately divided for 
 any degree of disability established for which section forty- 
 six hundred and ninety-five makes no provision. Act of 
 March 3, 1883 (22 Stat. L., 453.) 
 
 in 1605f Tnat from and after tlie P assa e of tnis act a11 P er ' 
 sons on the pension-rolls, and all persons hereafter granted 
 
 a pension, who, while in the military or naval service of 
 of hand the United States and in line of duty, shall have lost one 
 
 Aug. 4, 1886, v. hand or one foot, or been totally disabled in the same, shall 
 receive a pension of thirty dollars a month; that all per- 
 sons now on the pension-rolls, and all persons hereafter 
 
 LOSS of arm at granted a pension, who in like manner shall have lost 
 
 or above elbow ; 
 
 leg at or above either an arm at or above the elbow or a leg at or above 
 the knee, 1 or been totally disabled in the same, shall receive 
 a pension of thirty-six dollars per month; and that all per- 
 sons now on the pension-rolls, and all persons, hereafter 
 
 shouider f ; I at g ran ted a pension who in like manner shall have lost 
 
 M P- either an arm at the shoulder-joint or a leg at the hip-joint, 
 
 or so near the joint as to prevent the use of an artificial 
 
 limb, shall receive a pension at the rate of forty-five dol- 
 
 R^, Beeves, lars per month: Provided, That nothing contained in this 
 
 pealed.' act shall be construed to repeal section forty-six hundred 
 
 and ninety-nine of the Revised Statutes of the United 
 States, or to change the rate of eighteen dollars per month 
 
 1 The act of June 18, 1874 (18 Stat. L., 78), fixed this rate at $24 per month. 
 
THE MILITARY LAWS OP THE UNITED STATES. 607 
 
 therein mentioned to be proportionately divided for any 
 degree of disability established for which section forty- 
 six hundred and ninety-five makes no provision. Act of 
 August 4, 1886 (24 Stat. L., 220}. 
 
 1606. That all soldiers and sailors of the United States 
 
 who have had an arm taken off at the shoulder -joint, ion here 
 
 caused by injuries received in the service of their country 
 
 while in the line of duty, and who are now receiving pen- 
 
 sions. shall have their pensions increased to the same at hip joint. 
 
 Mar. 3, low, v. 
 
 amount that the law now gives to soldiers and sailors who 23, p. 437. 
 have lost a leg at the hip-joint; and this act shall apply to 
 all who shall be hereafter placed on the pension-roll. Act 
 of March 3, 1885 (23 Stat. L., 437). 
 
 1607. From and after June fourth, eighteen hundred and pe ^ane?t 8 ll 
 seventy-two, all persons entitled by law to a less 
 
 than hereinafter specified, who, while in the military 
 
 naval service of the United States, and in line of duty, f gps- 
 
 shall have lost the sight of both eyes, or shall have lost the June' is, 1874, c! 
 
 299 v 18 p. 78. 
 
 sight of one eye, the sight of the other having been pre- sec.4698,B.s 
 viously lost, or shall have lost both hands, or shall have 
 lost both feet, or been permanently and totally disabled in 
 the same, or otherwise so permanently and totally disabled 
 as to render them utterly helpless, or so nearly so as to re- 
 quire the regular personal aid and attendance of another 
 person, shall be entitled to a pension of thirty-one dollars 
 and twenty- five cents per month; and all persons who, 
 under like circumstances, shall have lost one hand and one 
 foot, or been totally and permanently disabled in the same, 
 or otherwise so disabled as to be incapacitated for perform- 
 ing any manual labor, but not so much as to require regular 
 personal aid and attendance, shall be entitled to a pension 
 of twenty-four dollars per month; and all persons who, 
 under like circumstances, shall have lost one hand, or one 
 foot, or been totally and permanently disabled in the same, 
 or otherwise so disabled as to render their incapacity to 
 perform manual labor equivalent to the loss of a hand or 
 foot, shall be entitled to a pension of eighteen dollars per 
 month : Provided, That all persons who, under like circum- 
 stances, have lost a leg above the knee, and in consequence 
 thereof are so disabled that they cannot use artificial limbs, 
 shall be rated in the second class and receive twenty-four 
 dollars per month from and after June fourth, eighteen hun. 
 dred and seventy- two; and all persons who, under like cir- 
 cumstances, shall have lost the hearing of both ears, shall 
 be entitled to a pension of thirteen dollars per month from 
 the same date: Provided, That the pension for a disability 
 
608 THE MILITARY LAWS OF THE UNITED STATES. 
 
 not permanent, equivalent in degree to any provided for in 
 this section, shall, during the continuance of the disability 
 in such degree, be at the same rate as that herein provided 
 for a permanent disability of like degree. 
 
 increase of 1608. That all soldiers and sailors who are now receiving 
 
 pe sokiierB ana a pension of fifty dollars per month, under the provisions 
 
 heiress U y f an ac t entitled "An act to increase the pension of sol- 
 
 v.2i, n p e 28i! 188 ' diers and sailors who have been totally disabled," approved 
 
 June eighteenth, eighteen hundred and seventy-four, shall 
 
 receive, in lieu of all pensions now paid them by the Gov- 
 
 ernment of the United States, and there shall be paid them 
 
 in the same manner as pensions are now paid to such per- 
 
 sons, the sum of seventy-two dollars L per month. Sec. 1, act 
 
 of June 16, 1880 (21 Stat. L., 281}. 
 
 e Jt be same 8ub 1609t A11 pensioners whose pensions shall be increased 
 sec. 2, June 16, by the provisions of this act from fifty dollars per month 
 to seventy two dollars per month shall be paid the differ- 
 ence between said sums monthly, from June seventeenth, 
 eighteen hundred and seventy eight, to the time of the 
 taking effect of this act. Sec. 2, act of June 16, 1880 (21 
 Stat. L., 281). 
 
 Pensions for 1610. That from and after the passage of this act all 
 
 hand's increased, persons who, in the military or naval service of the United 
 
 25*p .Vg 2 ' 1889 ' " ' States and in the line of duty, have lost both hands, shall 
 
 be entitled to a pension of one hundred dollars per month. 
 
 act of February 12, 1889 (25 Stat. L., 659). 
 
 increase to to- 1611. That all soldiers, sailors, and marines who have 
 since the sixteenth day of June, eighteen hundred and 
 
 26, P a i6. ' eighty, or who may hereafter become so totally and per- 
 v. 21, p. 281. manen tiy helpless from injuries received or disease con- 
 tracted in the service and line of duty as to require the 
 regular personal aid and attendance of another person, or 
 who, if otherwise entitled, were excluded from the provi- 
 sions of "An act to increase pensions of certain pensioned 
 soldiers and sailors who are utterly helpless from injuries 
 received or disease contracted while in the United States 
 service," approved June sixteenth, eighteen hundred and 
 eighty, shall be entitled to receive a pension at the rate of 
 seventy-two dollars per month from the date of the passage 
 of this act or of the certificate of the examining surgeon 
 or board of surgeons showing such degree of disability 
 made subsequent to the passage of this act. Act of March 
 4, 1890 (26 Stat. L., 16). 
 The same sub- 1612. That soldiers and sailors who are shown to be to- 
 
 ject, 
 
 J ^he act of June 18, 1874 (18 Stat. L., 78), fixed this rate of pension at $50 per month. 
 
THE MILITARY LAWS OP THE UNITED STATES. 609 
 
 tally incapacitated for performing manual labor by reason , K ate where to- 
 
 J tally mcapaci- 
 
 of injuries received or disease contracted in the service of }Jgu' en requirillg 
 the United States and in line of duty, and who are thereby ance. 
 
 * July 14, 1892, v. 
 
 disabled to such a degree as to require frequent and peri- 7, p. 149. 
 odical, though not regular and constant, personal aid and 
 attendance of another person, shall be entitled to receive 
 a pension of fifty dollars per month from and after the date 
 of the certificate of the examining surgeon or board of ex- 
 amining surgeons showing such degree of disability, and 
 made subsequent to the passage of this act. 1 Act of July 
 14,1892(27 Stat.L., 149). 
 
 1613. The rate of eighteen dollars per month may be pro- dl * JSf&y 8 not 
 portionately divided for any degree of disability estab- viSeTfor 6 pr 
 lished for which section forty-six hundred and n i ne ty- nve 2 3^ 8 a v 3l i7 873 569' 
 makes no provision. se 8 c.4699', p R.s.' 
 
 1614. Except in cases of permanent specific disabilities, si ^g reaseofpen ' 
 no increase of pension shall be allowed to commence prior Mar. 3, 1373, c . 
 to the date of the examining surgeon's certificate estab- 509'; 
 lishing the same made under the pending claim for increase ; 
 
 and in this, as well as all other cases, the certificate of an 
 examining surgeon, or of a board of examining surgeons, 
 shall be subject to the approval of the Commissioner of 
 Pensions. 
 
 1615. Officers absent on sick-leave, and enlisted men Absentees. 
 absent on sick- furlough, or on veteran-furlough with the lecl^oofB.s. 
 organization to which they belong, shall be regarded in 
 
 the administration of the pension laws in the same manner 
 as if they were in the field or hospital. 
 
 1616. The period of service of all persons entitled to the . Period of serv- 
 benefits of the pension-laws, or on account of whose death 
 
 any person may become entitled to a pension, shall be con- ec'.oi B.S. 
 strued to extend to the time of disbanding the organization 
 to which such persons belonged, or until their actual dis- 
 charge for other cause than the expiration of the service 
 of such organization. 
 
 WIDOWS AND CHILDREN. 
 
 1617. If any person embraced within the provisions of ,TJ2 dow8 and 
 
 , V. 
 
 sections forty-six hundred and ninety-two and forty-six 9 Au g- J. 1882 . 
 hundred and ninety- three has died since the fourth day of "sec.4708,B.s. 
 March, eighteen hundred and sixty-one, or hereafter dies, 
 by reason of any wound, injury, or disease which under the 
 conditions and limitations of such sections would have en- 
 titled him to an invalid pension had he been disabled, his 
 widow or if there be no widow, or in case of her death 
 without payment to her of any part of the pension herein- 
 
 >The act of August 27, 1888 (25 Stat. L., 449), fixes the rate of pension for total 
 deafness at $30 per month. 
 
 1919 39 
 
610 THE MILITARY LAWS OF THE UNITED STATES. 
 
 after mentioned, his child or children under sixteen years 
 of age, shall be entitled to receive the same pension as the 
 husband or father would have been entitled to had he been 
 totally disabled, to commence from the death of the hus- 
 band or father, to continue to the widow during her widow- 
 hood, and to his child or children until they severally attain 
 the age of sixteen years, and no longer; and if the widow 
 remarry, the child or children shall be entitled from the 
 date of remarriage, except when such widow has continued 
 to draw the pension -money after her remarriage, in contra- 
 vention of law, and such child or children have resided 
 with and been supported by her, their pension will com- 
 mence at the date to which the widow was last paid. 1 Act 
 of August 7, 1882 (22 Stat. ., 345). 
 
 sion c trwidow8; 1618< Tne Pensions of widows shall be increased from and 
 et sec 9 ibid p a ^ r tne twenty-fifth day of July, eighteen hundred and 
 57 s'ec 4703 R s s i x ty' six at the rate of two dollars per month for each child 
 under the age of sixteen years, of the husband on accoiiDt 
 of whose death the claim has been, or shall be, granted. 
 And in every case in which the deceased husband has left, 
 or shall leave, no widow, or where his widow has died or 
 married again, or where she has been deprived of her pen- 
 sion under the provisions of the pension-law, the pension 
 granted to such child or children shall be increased to the 
 same amount per month that would be allowed under the 
 foregoing provisions to the widow, if living and entitled to 
 a pension : Provided, That the additional pension herein 
 granted to the widow on account of the child or children of 
 the husband by a former wife shall be paid to her only for 
 such period of her widowhood as she has been, or shall be, 
 charged with the maintenance of such child or children ; 
 for any period during which she has not been, or she shall 
 not be, so charged, it shall be granted and paid to the 
 guardian of such child or children : Provided further, That 
 a widow or guardian to whom increase of pension has been, 
 or shall hereafter be, granted on account of minor children, 
 shall not be deprived thereof by reason of their being main- 
 tained in whole or in part at the expense of a State or the 
 public in any educational institution, or in any institution 
 organized for the care of soldiers' orphans. 
 
 deSJi ^eg^tT 1619 ' Iu tlie administration of the pension-laws, children 
 '"s^c 10 ibid k rn before the marriage of their parents, if acknowledged 
 se C ;4704,E.s.by the father before or after the marriage, shall be deemed 
 legitimate. 
 
 1 Amended by act of March 19, 18e6 (24 Stat. L., 5). See, also, acts of June 9, 1880 
 (21 Stat. L., 170), and June 7, 1888 (25 Stat, L., 173). 
 
THE MILITARY LAWS OF THE UNITED STATES. 611 
 
 1620. The widows of colored and Indian soldiers and widows of coi- 
 
 oral and Indian 
 
 sailors who have died, or shall hereafter die, by reason of soldiers, etc. 
 
 Sec. 11, ibid. 
 
 wounds or injuries received, or casualty received , or disease sec. 4705, B. s. 
 
 contracted, in the military or naval service of the United 
 
 States, and in the line of duty, shall be entitled to receive 
 
 the pension provided by law without other evidence of 
 
 marriage than satisfactory proof that the parties were 
 
 joined in marriage by some ceremony deemed by them 
 
 obligatory, or habitually recognized each other as man and 
 
 wife, and were so recognized by their neighbors, and lived 
 
 together as such up to the date of enlistment, when such 
 
 soldier or sailor died in the service, or, if otherwise, to 
 
 date of death ; and the children born of any marriage so 
 
 proved shall be deemed and held to be lawful children of 
 
 such soldier or sailor, but this section shall not be appli- 
 
 cable to any claims on account of persons who enlist after 
 
 the third day of March, one thousand eight hundred and 
 
 seventy-three. 
 
 1621. That marriages, except such as are mentioned in Marriages to 
 
 section forty- seven hundred and five of the Kevised Stat- mlage under 
 utes, shall be proven in pension cases to be legal marriages la se 8 c. e 2?'Au g . 7, 
 according to the law of the place where the parties resided 1882 ' Vl 22> p> 34 
 at the time of marriage or at the time when the right to 
 pension accrued ; and the open and notorious adulterous 
 cohabitation of a widow who is a pensioner shall operate 
 to terminate her pension from the commencement of such 
 cohabitation. Sec. 2, act of August 7, 1882 (22 Stat. L., 345). 
 
 1622. That from and after the passage of this act the increase of 
 
 . . i - 1-11 i-i -,, pensions to wid- 
 
 rate of pension for widows, minor children, and dependent ows and depe 
 
 ... . , .111 i -i en * relatives. 
 
 relatives now on the pension-roll, or hereafter to be placed Mar. 19, iss 
 on the pension-roll, and entitled to receive a less rate than >p ' 
 hereinafter provided, shall be twelve dollars per month ; 
 and nothing herein shall be construed to affect the existing 
 allowance of two dollars per month for each child under 
 the age of sixteen years: Provided, That this act shall 
 apply only to widows who were married to the deceased 
 soldier or sailor prior to its passage and to those who may 
 hereafter marry prior to or during the service of the soldier 
 or sailor. And all acts or parts of acts inconsistent with 
 the provisions of this act are hereby repealed. Sec. 1, act 
 of March 19, 1886 (24 Stat. L., 5). 
 
 1623. That no claim agent or attorney shall be recognized no t 1 t m be 
 in the adjudication of claims under this act, nor shall any ni gj' 2 ibid 
 such person be entitled to receive any compensation what- 
 
 ever for services or pretended services in making applica- 
 tions thereunder. Sec. 2, ibid. 
 
612 THE MILITARY LAWS OF THE UNITED STATES. 
 
 widows' pen- 1624. That all pensions which have been, or which may 
 
 s ion s to date 
 
 from death of hereafter be, granted under the general laws regulating 
 
 husband. 
 
 June 7, 1888, v. pensions to widows in consequence of death occurring from 
 a cause which originated in the service since the fourth 
 day of March, eighteen hundred and sixty-one, shall com- 
 mence from the date of death of the husband. Act of June 
 7, 1888 (25 Stat. L., 173). 
 
 Abandonment, 1625. If any person has died, or shall hereafter die, 
 
 etc., by widow. 
 
 sec. 4706,R.s. leaving a widow entitled to a pension by reason of his 
 death, and a child or children under sixteen years of age 
 by such widow, and it shall be duly certified under seal 
 by any court having probate jurisdiction, that satisfactory 
 evidence has been produced before such court, upon due 
 notice to the widow, that she has abandoned the care of 
 such child or children, or that she is an unsuitable person, 
 by reason of immoral conduct, to have the custody of the 
 same, on presentation of satisfactory evidence thereof to 
 the Commissioner of Pensions, no pension shall be allowed 
 to such widow until such child or children shall have 
 attained the age of sixteen years, any provisions of law to 
 the contrary notwithstanding; and the said child or chil- 
 dren shall be pensioned in the same manner, and from the 
 same date, as if no widow had survived such person, and 
 such pension shall be paid to the guardian of such child or 
 children; but if in any case payment of pension shall have 
 been made to the widow, the pension to the child or chil- 
 dren shall commence from the date to which her pension 
 has been paid. 
 
 Sec.4735,R.s. 1626. No pension shall be granted to a widow for the 
 same time that her husband received one. 
 
 DEPENDENT RELATIVES. 
 
 succession of 1627. If any person embraced within the provisions of 
 
 dependent rela * '* , -, j i in 
 
 tives. sections forty-six hundred and ninety-two and forty-six 
 
 i873,v.'i7,p a 57]. hundred and ninety-three has died since the fourth day of 
 >ec. 4707, R.S. jy[ arc j^ eighteen hundred and sixty-one, or shall hereafter 
 die, by reason of any wound, injury, casualty, or disease, 
 which, under the conditions and limitations of such -sec- 
 tions, would have entitled him to an invalid pension, and 
 has not left or shall not leave a widow or legitimate child, 
 but has left or shall leave other relative or relatives who 
 were dependent upon him for support, in whole or in part, 
 at the date of his death, such relative or relatives shall be 
 entitled, in the following order of precedence, to receive 
 the same pension as such person would have been entitled 
 to had he been totally disabled, to commence from the death 
 
THE MILITARY LAWS OF THE UNITED STATES. 613 
 
 of sucli person, namely: first, the mother; secondly, the 
 father ; thirdly, orphan brothers and sisters under sixteen 
 years of age, who shall be pensioned jointly: Provided, 
 That where orphan children of the same parent have differ- 
 ent guardians, or a portion of them only are under guard- 
 ianship, the share of the joint pension to which each ward 
 shall be entitled shall be paid to the guardian of such 
 ward : Provided, That if in any case said person shall have 
 left father and mother who were dependent upon him, then, 
 on the death of the mother, the father shall become entitled 
 to the pension, commencing from and after the death of 
 the mother; and upon the death of the mother and father, 
 or upon the death of the father and the remarriage of the 
 mother, the dependent brothers and sisters under sixteen 
 years of age shall jointly become entitled to such pension 
 until they attain the age of sixteen years respectively, 
 commencing from the death or remarriage of the party who 
 had the prior right to the pension : Provided, That a mother 
 shall be assumed to have been dependent upon her son 
 within the meaning of this section if, at the date of his 
 death, she had no other adequate means of support than 
 the ordinary proceeds of her own manual labor and the 
 contributions of said son or of any other persons not legally 
 bound to aid in her support; and if, by actual contributions, 
 or in any other way, the son had recognized his obligations 
 to aid in support of his mother, or was by law bound to 
 such support, and that a father or minor brother or sister 
 shall, in like manner and under like conditions, be assumed 
 to have been dependent, except that the income which was 
 derived or derivable from his actual or possible manual 
 labor shall be taken into account in estimating a father's 
 means of independent support: Provided further, That the 
 pension allowed to any person on account of his or her 
 dependence, as hereinbefore provided, shall not be paid for 
 any period during which it shall not be necessary as a means 
 of adequate subsistence. 
 
 1628. The remarriage of any widow, dependent mother, 
 or dependent sister, entitled to pension, shall not bar her 
 right to such pension to the date of her remarriage, whether 
 an application therefor was filed before or after such mar- 
 riage; but on the remarriage of any widow, dependent 
 mother, or dependent sister, having a pension, such pension 
 shall cease. 
 
 1629. That in considering the pension claims of depend- 
 ent parents, the fact of the soldier's death by reason of 
 
 any wound, injury, casualty, or disease, which, under the sailors, widows, 
 
 , . , . child ren, and de- 
 
 conditions and limitations of existing laws, would have pendent parents. 
 
614 THE MILITARY LAWS OF THE UNITED STATES. 
 
 enent arentf en ^i^ e ^ him to an invalid pension, and the fact that the 
 Evidence re- soldier left no widow or minor children having been shown 
 q June 27, 1890, as required by law, it shall be necessary only to show by 
 competent and sufficient evidence that such parent or par- 
 ents are without other present means of support than their 
 own manual labor or the contributions of others not legally 
 Co mm once -hoimcl for their support: Provided. That all pensions al- 
 
 ment and contnr 
 
 uance of pen lowed to dependent parents under this act shall commence 
 from the date of the filing of the application hereuuder, and 
 shall continue no longer than the existence of the depend- 
 ence. Sec. 1, act of June 27, 1890 (26 Stat. L., 182). 
 
 PENSIONS UNDER SPECIAL ACTS. 
 
 siSise* uiuzld" 1630. That all persons entitled to pensions under special 
 1 1874 ' v ' ac * s nx * n the rate of such pensions, and now receiving or 
 
 entitled to receive a less pension than that allowed by the 
 general pension-laws under like circumstances, are, in lieu 
 of their present rate of pension, hereby declared to be en- 
 titled to the benefits and subject to the limitations of the 
 general pension laws entitled "An act to revise, consoli- 
 date, and amend the laws relating to pensions," approved 
 March third, eighteen hundred and seventy- three; and that 
 Pensions grant- this act go into effect from and after its passage: Provided, 
 actnot 8 redu C ced. That this act shall not be construed to reduce any pension 
 granted by special act. Act of June 6, 1874 (18 Stat. L., 61). 
 Pensionsunder 1631. When the rate, commencement, and duration of a 
 
 special acts of 7 
 
 C Sec r 472o B s P ens ^ on allowed by special act are fixed by such act, they 
 
 * shall not be subject to be varied by the provisions and 
 
 limitations of the general pension-laws, but when not thus 
 
 fixed the rate and continuance of the pension shall be sub- 
 
 ject to variation in accordance with the general laws, and 
 
 its commencement shall date from the passage of the spe- 
 
 cial act, and the Commissioner of Pensions shall, upon 
 
 satisfactory evidence that fraud was perpetrated in obtain- 
 
 ing such special act, suspend payment thereupon until 
 
 the propriety of repealing the same can be considered by 
 
 Congress. See act of June 6, 1874 (18 Stat. L., 61). 
 
 de? e " si eciai 8 iaw *632. That no person who is now receiving or shall here- 
 
 nottoreceiveany after receive a pension under a special act shall be entitled 
 
 other rehet un- . A 
 
 less, etc. to receive in addition thereto a pension under the general 
 
 Sec. 5, July 25, 
 
 1882, v. 22, p. 176. law, unless the special act expressly states that the pension 
 granted thereby is in addition to the pension which said 
 person is entitled to receive under the general law. Sec. 5, 
 act ofJuiy 25, 1882 (22 Stat. L., 176). 
 
THE MILITARY LAWS OF THE UNITED STATES. 615 
 
 MEXICAN WAR PENSIONS. 
 
 1633. Any officer, non-commissioned officer, musician or ? n8i n to 
 
 soldiers of Mex- 
 
 private, whether of the Regular Army or volunteers dis- io 5J wl J!j- 
 
 abled by reason of injury received or disease contracted ie, a. f,v. 9, p. 10.' 
 
 while in the line of duty in actual service in the war with 
 
 Mexico, or in going to or returning from the same, who 
 
 received an honorable discharge, shall be entitled to a 
 
 pension proportionate to his disability, not exceeding for 
 
 total disability half the pay of his rank at the date at 
 
 which he received the wound or contracted the disease 
 
 which resulted in such disability. But no pension shall 
 
 exceed half the pay of a lieutenant-colonel. 
 
 1634. If any officer or other person referred to in the widows and 
 
 children of Mex- 
 
 preceding section has died or shall hereafter die by reason lean war pension- 
 of any injury received or disease contracted under the cir- Mar. 3, 1373, c. 
 
 ,, . , ., , . ., IT,! , .,, , 234, s. 18, v. 17, p. 
 
 cumstauces therein set iorth, his widow shall be entitled 572. 
 
 to receive the same pension as the husband would have !5ec * 4731 > R>s ' 
 
 been entitled to had he been totally disabled; and in case 
 
 of her death or remarriage, the child or children of such 
 
 officer or other person referred to in the preceding section, 
 
 while under the age of sixteen years, shall be entitled to 
 
 receive the pension. But the rate of pension prescribed 
 
 by this and the preceding section shall be varied after the 
 
 twenty-fifth day of July, eighteen hundred and sixty-six in 
 
 accordance with the provisions of section four thousand 
 
 seven hundred and twelve of this Title. 1 
 
 PENSIONS FOR INDIAN WARS. 
 
 1635. That the Secretary of the Interior be, and he is Indian wara 
 hereby, authorized and directed to place on the pension p nB?on8 2 'f or 
 roll the names of the surviving officers and enlisted men, ^JU^T! 1392, v. 
 including marines, militia, and volunteers of the military 27 ' 1 *' 281 
 
 and naval service of the United States, who served for 
 thirty days in the Black Hawk war, the Creek war, the 
 Cherokee disturbances, or the Florida war with the Senii- 
 nole Indians, embracing a period from eighteen hundred and 
 thirty two to eighteen hundred and forty- two, inclusive, 
 and were honorably discharged, and such other officers, 
 soldiers, and sailors as may have been personally named in 
 any resolution of Congress, for any specific service in said 
 Indian wars, although their term of service may have been 
 
 !For other statutes regulating the issue of pensions for services rendered during 
 the Mexican war, see the acts of January 29, 1887 (24 Stat. L., 371), March 3, 1891 (26 
 Stat. L., 1418), January 5, 1893 (27 Stat L.\ 413), and January 23, 1893 (27 Stat, L., 421), 
 and March 2, 1895 (28 Stat. L., 814). For statutes regulating the gran ting of pen- 
 sions for services in the war of 1812, see sections 473G-4740, Revised Statutes. 
 
616 THE MILITARY LAWS OF THE UNITED STATES. 
 
 widows. i ess than thirty days, and the surviving widows of such 
 
 Remarriage, officers and enlisted men: Provided, That such widows 
 
 citizens. " 8 not have not remarried: Provided further, That this act shall 
 
 not apply to any person not a citizen of the United States. 
 
 Rate - SEC. 2. That pensions under this act shall be at the rate 
 
 of eight dollars per month, and payable from and after the 
 passage of this act, for and during the natural lives of the 
 persons entitled thereto. 
 
 Proof. SEC. 3. That before the name of any person shall be placed 
 
 on the pension roll under this act, proof shall be made, 
 under such rules and regulations as the Secretary of the 
 Interior may prescribe, of the right of the applicant to a 
 
 fa^e^wearin^P 611 ^ 011 ' anc ^ an ^ P erson wno shall falsely and corruptly 
 
 etc. 'take any oath required under this act shall be deemed 
 
 guilty of perjury; and the Secretary of the Interior shall 
 
 cause to be stricken from the pension roll the name of any 
 
 person whenever it shall be made to appear by proof satis- 
 
 factory to him that such name was put upon such roll 
 
 through false and fraudulent representations, and that such 
 
 LOSS of dis- person is not entitled to a pension under this act. The loss 
 
 charge certificate x 
 
 not a bar. of the certificate of discharge shall not deprive any person 
 of the benefits of this act, but other evidence of service 
 performed and of an honorable discharge may be deemed 
 sufficient. 
 
 certain B ensJon ^ E ' ^' ^ aa ^ ^ n * S aC ^ SQa ^ n t a PPly *O any peiSOU who 
 
 er s is receiving a pension at the rate of eight dollars per month 
 
 or more, nor to any person receiving a pension of less than 
 eight dollars per month, except for the difference between 
 the pension now received (if less than eight dollars per 
 month) and eight dollars per month. 
 Pension laws SEC. 5. That the pension laws now in force, which are 
 
 applicable. 
 
 not inconsistent or in conflict with this act, are hereby made 
 a part of this act, so far as they may be applicable thereto. 1 
 , B. s. SEC> 6> Tuat sec ti 011 forty-seven hundred and sixteen of 
 the Revised Statutes is hereby repealed, so far as the same 
 relates to this act or to pensioners under this act. 2 Act of 
 July 27, 1892 (27 Stat. L., 281). 
 
 1 For proof of citizenship under this act see the act of February 3, 1893 (27 Stat. L., 
 429). 
 
 2 Indian wars prior to March 4, 1861. For statutes granting pensions for services 
 in Indian wars prior to March 4, 1861, see the acts of January 2, 1812 (2 Stat. L., 
 670), April 10, 1812 (2 Stat. L., 705), June 15, 1832 (4 Stat. L., 533), May 23, 1836 (5 
 Stat. L., 33), March 9, 1878 (20 Stat. L., 28), July 27, 1892 (27 Stat. L., 281), and sections 
 1656, 1657, 4712, 4725, 4726, 4727, and 4732, Revised Statutes. 
 
 Revolutionary pensions. For statutes granting pensions for services in the war of 
 the Revolution, see the acts of April 10, 1806 (2 Stat. L., 376), April 25, 1812 (2 Stat. 
 L., 719), March 18, 1818 (3 Stat. L., 410), May 15, 1820 (3 Stat. L., 597), February 4, 1822 
 (3 Stat. L., 650), March 1, 1823 (3 Stat. L., 787), May 15, 1828 (4 Stat.L., 269), May 31, 
 1830 (4 Stat. L., 426), June 7, 1832 (4 Stat. L., 529), July 14, 1832 (4 Stat. L., 529), Feb- 
 ruary 19, 1833 (4 Stat. L., 612), July 4, 1836 (5 Stat. L., 128), March 3, 1837 (5 Stat. L., 
 187), February 2, 1848 (9 Stat L., 210), July 29, 1848 (9 Stat. L., 266), February 3, 1853 
 
THE MILITARY LAWS OF THE UNITED STATES. 617 
 
 1636. The widows and children under sixteen years 
 
 age of the officers, non-commissioned officers, musicians f^ers of war of 
 
 * 1812, and Indian. 
 
 and privates of the regulars, militia, and volunteers of wars. 
 
 Feb. 14, 1871, c. 
 
 the Avar of one thousand eight hundred and twelve and the5o,v.i6, P .4ii. 
 
 . Sec.i732,K.S. 
 
 various Indian wars since one thousand seven hundred and 
 ninety who remained at the date of their death in the mili- 
 tary service of the United States, or who received an honor- 
 able discharge and have died or shall hereafter die of injury 
 received or disease contracted in the service and in the line 
 of duty shall be entitled to receive half the monthly pay to 
 which the deceased was entitled at the time he received the 
 injury or contracted the disease which resulted in his death. 
 But no half-pay pension shall exceed the half-pay of a lieu- 
 tenant-colonel and such half-pay pension shall be varied 
 after the twenty- fifth day of July one thousand eight hun- 
 dred and sixty-six in accordance with the provisions of 
 section four thousand seven hundred and twelve of this 
 Title. 
 
 THE DEPENDENT PENSION LAW. 
 
 1637. That all persons who served ninety days or more . lnv , al i* ^? n j 
 
 17 ' sions to disabled 
 
 in the military or naval service of the United States during 
 
 the late war of the rebellion and who have been honorably ninety days in 
 
 war of rebellion. 
 
 discharged therefrom, and who are now or who may here- sec.2,june 27, 
 
 after be suffering from a mental or physical disability of a 
 
 permanent character, not the result of their own vicious 
 
 habits, which incapacitates them from the performance of 
 
 manual labor in such a degree as to render them unable to 
 
 earn a support, shall, upon making due proof of the fact DUO proof, etc. 
 
 according to such rules and regulations as the Secretary 
 
 of the Interior may provide, be placed upon the list of 
 
 invalid pensioners of the United States, and be entitled to 
 
 receive a pension not exceeding twelve dollars per month, Maximum and 
 
 ' minimum pen- 
 
 and not less than six dollars per month, proportioned to 8i ?- 
 
 Proportion ate 
 
 the degree of inability to earn a support- and such pension inability. 
 shall commence from the date of the filing of the applic 
 tiou in the Pension Office, after the passage of this act upon 
 proof that the disability then existed, and shall continue 
 during the existence of the same: Provided, That persons 
 who are now receiving pensions under existing laws, or 
 whose claims are pending in the Pension Office, may, by 
 application to the Commissioner of Pensions, in such form 
 as he may prescribe, showing themselves entitled thereto, 
 
 (lOStat.L., 154), February 28. 1855 (10 Stat. L., 616), March 9, 1878 (20 Stat. L., 29), 
 March 19, 1886 (24 Stat. L., 5), and sections 4716 and 4743, Revised Statutes. 
 
 War of 1812. For statutes granting pensions for services in the war of 1812, see the 
 acts of January 11, 1812 (2 Stat. L., 673), February 6, 1812 (2 Stat. L., 677), August 2, 
 1813 (3 Stat. L., 74), AprillG, 1816 (3 Stat. L., 286), April 4, 1842 (5 Stat. L., 473), March 
 9, 1878 (20 Stat. L., 27), March 19, 1886 (24 Stat. L., 5), and sections 4712, 4713, 4732, 
 4737,4738, 4739, and 4740, Revised Statutes. 
 
618 THE MILITARY LAWS OF THE UNITED STATES. 
 
 receive the benefits of this act 5 and nothing herein con- 
 Pensioners en- tained shall be so construed as to prevent any pensioner 
 
 titled under this . . 
 
 or other acts not thereunder from prosecuting his claim and receiving his 
 
 barred from fur- . . , r> 7 7 
 
 ther benefits, pension under any other general or special act : Provided, 
 only ^? m P en - however, That no person shall receive more than one pen- 
 sion for the same period : And provided further, That rank 
 i n the service shall not be considered in applications filed 
 under this act. Sec. 2, act of June 27, 1890 (26 Stat. L., 182). 
 1638> Tn at if an y offlcer or enlisted man who served 
 ch secT'ibid ninety days or more in the Army or Navy of the United 
 States during the late war of the rebellion, and who was 
 honorably discharged has died, or shall hereafter die, leav- 
 widow. ing a widow without other means of support than her daily 
 Minor children, labor, or minor children under the age of sixteen years, 
 Proof of hus- such widow shall, upon due proof of her husband's death, 
 without proving his death to be the result of his army 
 service, be placed on the pension-roll from the date of the 
 Rate during application therefor under this act, at the rate of eight dol- 
 lars per month during her widowhood, and shall also be 
 Rate for each paid two dollars per month for each child of such officer or 
 enlisted man under sixteen years of age, and in case of the 
 Death or reraar- death or remarriage of the widow, leaving a child or chil- 
 dren of such officer or enlisted man under the age of six- 
 teen years, such pension shall be paid such child or children 
 Continuing until the age of sixteen: Provided, That in case a minor 
 
 pension to minor , , , - . . . . , , , . 
 
 child during per- child is insane, idiotic, or otherwise permanently helpless, 
 Sty" 6 ' the pension shall continue during the life of said child, or 
 
 to during the period of such disability, arid this proviso shall 
 
 apply to all pensions heretofore granted or hereafter to be 
 granted under this or any former statute, and such pen- 
 >- sions shall commence from the date of application therefor 
 after the passage of this act: And provided further, That 
 Limitastotime said widow shall have married said soldier prior to the 
 
 of marriage 
 
 passage of this act. Sec. 3, act of June 27, 1890 (2C> Stat. 
 L., 182). 
 
 1639, That no agent, attorney, or other person engaged 
 in preparing, presenting, or prosecuting any claim under 
 the provisions of this act shall, directly or indirectly, con- 
 tract for, demand, receive, or retain for such services in 
 preparing, presenting, or prosecuting such claim a sum 
 Maximum fee. greater than ten dollars, which sum shall be payable only 
 upon the order of the Commissioner of Pensions, by the 
 pension agent making payment of the pension allowed, 
 
 wronfui ti0 with r an ^ any P erson wno sna ll violate any of the provisions of 
 holding a misde- this section, or who shall wrongfully withhold from a pen- 
 
 demeanor. 
 
 sioner or claimant the whole or any part of a pension or 
 
THE MILITARY LAWS OF THE UNITED STATES. 619 
 
 claim allowed or due such pensioner or claimant under this 
 act, shall be deemed guilty of a misdemeanor, and upon 
 conviction thereof shall, for each and every such offence, be 
 fined not exceeding five hundred dollars, or be imprisoned Penalty. 
 at hard labor not exceeding two years, or both, in the dis- 
 cretion of the court. 1 Sec. 4, act of June 27, 1890 (26 Stat. 
 L., 183). 
 
 1640. That whenever a claim for pension under the Act . Pensions to 
 
 date of original 
 
 of June twenty-seventh, eighteen hundred and ninety, has application. 
 been, or shall hereafter be, rejected, suspended, or dis-29,p.45. ' 
 missed, and a new application shall have been, or shall 
 hereafter be, filed, and a pension has been, or shall here- 
 after be, allowed in such claim, such pension shall date 
 from the time of filing the first application, provided the 
 evidence in the case shall show a pensionable disability to 
 have existed, or to exist, at the time of filing such first 
 application, anything in any law or ruling of the Depart- 
 ment to the contrary notwithstanding. Act of March 6, 
 1896 (29 Stat. L., 45). 
 
 PENSIONS TO ARMY NURSES. 
 
 1641. That all women employed by the Surgeon General Army nurses 
 
 to receive pen- 
 
 of the Army as nurses, under contract or otherwise, during ^ ^^ ^ 
 the late war of the rebellion, or who were employed as 27, p. 348. 
 nurses during such period by authority which is recognized 
 by the War Department, and who rendered actual service 
 as nurses in attendance upon the sick or wounded in any 
 regimental, post, camp, or general hospital of the armies 
 of the United States for a period of six months or more, 
 and who were honorably relieved from such service, and 
 who are now or may hereafter be unable to earn a support, 
 shall, upon making due proof of the fact according to such 
 rules and regulations as the Secretary of the Interior may 
 provide, be placed upon the list of pensioners of the United 
 States and be entitled to receive a pension of twelve dollars Rate. 
 per month, and such pension shall commence from the date 
 of filing of the application in the Pension Office after the 
 passage of this act: Provided, That no person shall receive 
 
 more than one pension for the same period. Act of August 
 5, 1892 (27 Stat. L., 348). 
 
 1642. That no fee, compensation, or allowance shall be N { ee to 
 
 agent, etc. 
 
 paid to, received, or accepted by any agent, attorney, or sec. 2, Au ^ 9 5 > 
 other person instrumental in the prosecution of any claim 
 
 for pension under this act 5 and any person who may make ol 2J*J*y for 
 
 ^he provisions of this statute were extended to certain individuals who served in 
 the Missouri militia by joint resolution No. 13 of February 15, 1895 (28 Stat. L., 970). 
 
620 THE MILITARY LAWS OF THE UNITED STATES. 
 
 any claim upon any applicant for any fee, compensation, or 
 allowance shall be guilty of a misdemeanor, and upon con- 
 viction shall be fined not exceeding five hundred dollars, 
 or imprisoned at hard labor not exceeding one year, or both, 
 in the discretion of the court 5 and it shall be the duty of 
 the Interior and War Departments to render all proper aid 
 to applicants under this act. Sec. 2, act of August 5, 1892 
 (27 Stat. L. 7 349). 
 
 COMMENCEMENT OF TENSIONS ARREARS OF PENSIONS. 1 
 
 Commence 1643. That all pensions which have been granted under 
 
 sec. i, Jan. 25, the general laws regulating pensions, or may hereafter be 
 granted, in consequence of death from a cause which origi- 
 nated in the United States service during the continuance 
 of the late war of the rebellion, or in consequence of 
 wounds, injuries, or disease received or contracted in said 
 service during said war of the rebellion, shall commence 
 from the date of fche death or discharge from said service 
 of the person on whose account the claim has been or shall 
 hereafter be granted, or from the termination of the right 
 
 Rate. of the party having prior title to such pension : Provided, 
 
 The rate of pension for the intervening time for which 
 arrears of pension are hereby granted shall be the same per 
 month for which the pension was originally granted. 3 Sec. 
 1, act of January 25, 1879 (20 Stat. L., 265). 
 
 MarTi879 v 1644. That section one of the act of January twenty - 
 20, p. 470.' fifth, eighteen hundred and seventy-nine, granting arrears 
 
 of pensions shall be construed to extend to and include 
 pensions on account of soldiers who were enlisted or drafted 
 for the service in the war of the rebellion, but died or in- 
 curred disability from a cause originating after the cessation 
 of hostilities; and before being mustered out: Provided, 
 That in no case shall arrears of pensions be allowed and 
 paid from a time prior to the date of actual disability. Act 
 of March 3, 1879 (20 Stat. ., 470). 
 
 Kf a i879 r v 1645i Tnat tne rate at wnicn tne arrears of invalid pen- 
 20, p. 470. sions shall be allowed and computed in the cases which 
 
 have been or shall hereafter be allowed shall be graded 
 according to the degree of the pensioners disability from 
 time to time and the provisions of the pension laws in force 
 over the period for which the arrears shall be computed. 
 Act of March 3, 1879 (20 Stat ., 470). 
 
 lection 2 of the above stat'ute authorizes the Secretary of the Interior to "adopt 
 such rules and regulations for the payment of the arrears of pensions hereby 
 granted as will be necessary to cause to be paid to such pensioners, or if the pen- 
 sioners shall have died, to the person or persons entitled to the same, all such arrears 
 of pension as the pensioner may be, or would have been, entitled to under this act." 
 
 2 For statutory provisions respecting unclaimed pensions of decedents, see para- 
 graphs 1714 and 1715, post. 
 
THE MILITARY LAWS OF THE UNITED STATES. 621 
 
 1646. All pensions which have been, or which may here- Dato of com - 
 
 menceraent. 
 
 after be, granted in consequence of death occurring from Sec. 2, ibid. 
 a cause which originated in the service since the fourth 
 day of March, eighteen hundred and sixty-one, or in con- 
 sequence of wounds or injuries received or disease con- 
 tracted since that date shall commence from the death or 
 discharge of the person on whose account the claim has 
 been or is hereafter granted if the disability occurred prior 
 to discharge, and if such disability occurred after the dis- 
 charge then from the date of actual disability or from the 
 termination of the right of party having prior title^ to such 
 pension: Provided, The application for such pension has Limitation, 
 been or is hereafter filed with the Commissioner of Pensions 
 prior to the first day of July eighteen hundred and eighty, 
 otherwise the pension shall commence from the date of 
 filing the application; but the limitation herein prescribed 
 shall not apply to claims by or in behalf of insane persons 
 and children under sixteen years of age. 8ec. 2, ibid. 
 
 1647. That hereafter no agent or attorney shall demand, ^^^"pen 1 
 receive, or be allowed any compensation under existing law aity for taking n- 
 
 J legal fee. Pend- 
 
 exceeding two dollars in any claim for increase of pension s contracts. 
 on account of the increase of the disability for which the 26, p. ibsi 
 pension has been allowed, or for services rendered in 
 securing the passage of any special act of Congress grant- 
 ing a pension or an increase of pension in any case that 
 has been presented at the Pension Office or is allowable 
 under the general pension laws: And provided further, 
 That any agent, attorney, or other person instrumental in 
 prosecuting any claim for increase of pension on account of 
 the increase of disability for which pension was allowed, 
 or who has rendered services in procuring the passage of 
 any special act of Congress granting a pension or an 
 increase of pension in any case that has been presented at 
 the Pension Office or is allowable under the general pension 
 laws, who shall directly or indirectly contract for, demand, 
 receive, or retain any compensation for such services, except 
 as hereinbefore provided, shall be deemed guilty of a mis- 
 demeanor, and upon conviction thereof shall, for each and 
 every such offense, be fined not exceeding five hundred 
 dollars or imprisoned, not exceeding two years or both, in 
 the discretion of the court: Provided, however. That the 
 foregoing provisions in relation to fees of agents or attor- 
 neys shall not apply to any case now pending where there 
 is an existing lawful contract express or implied. Act of 
 March 3, 1895 (26 Stat. L., 1082}. 
 
 1648. It shall be the duty of the Commissioner of Pen- Arrears of pen- 
 
 sion. 
 sions, upon any application by letter or otherwise by or on sec. 4711, R.S. 
 
622 THE MILITARY LAWS OF THE UNITED STATES. 
 
 behalf of any pensioner entitled to arrears of pension un- 
 der section forty-seven hundred and nine, 1 or if any such 
 pensioner has died, upon a similar application by or on 
 behalf of any person entitled to receive the accrued pen- 
 sion due such pensioner at his death, to pay or cause to be 
 paid to such pensioner, or other person, all such arrears 
 of pension as the pensioner may be entitled to, or, if dead, 
 would have been entitled to under the provisions of that 
 section had he survived 5 and no claim-agent or other per- 
 son shall be entitled to receive any compensation for serv- 
 ices in making application for arrears of pension. 
 NO fees to claim 1649. No claim agent or other person shall be entitled to 
 
 ag !ec.\ Jan. 25, receive any compensation for services in making applica- 
 "' tion for arrears of pension. Sec. 4, act of January 25, 1879 
 
 (20 Stat. L., 265}. 
 Provisions of 1650. The provisions of this Title in respect to the rates 
 
 tended n et a c WS ' * " of pension to persons whose right accrued since the fourth 
 sec. 4712, B.s.^y o f M a , rc h ? eighteen hundred and sixty-one, are ex- 
 tended to pensioners whose right to pension accrued under 
 general acts passed since the war of the Eevolution and 
 prior to the fourth day of March, eighteen hundred and 
 sixty-one, to take effect from and after the twenty-fifth day 
 of July, eighteen hundred and sixty-six; and the widows 
 of revolutionary soldiers and sailors receiving a less sum 
 shall be paid at the rate of eight dollars per month from 
 and after the twenty- seventh day of July, eighteen hun- 
 dred and sixty- eight. 2 
 Certain re- 1651. That section three of an act entitled "An act in- 
 
 restored? * creasing the pensions of widows and orphans, and for other 
 
 2ifp, n i7o.' 188 ' v> purposes w , approved July twenty-fifth, eighteen hundred 
 and sixty-six, and section thirteen of an act entitled "An 
 act relatiag to pensions", approved July twenty-seventh, 
 eighteen hundred and sixty-eight, and section forty-seven 
 hundred and twelve of the Eevised Statutes, shall not 
 operate to reduce the rate of any pension which had ac- 
 tually been allowed to the commissioned, non-commissioned, 
 or petty officers of the Navy or their widows or minor chil- 
 dren, prior to the twenty-fifth day of July, eighteen hun- 
 dred and sixty-six; and the Secretary of the Interior is 
 hereby directed to restore all such pensions as have already 
 been so reduced to the rate originally granted and allowed, 
 to take effect from the date of such reduction. Act of 
 June 9, 1880 (21 Stat. L., 170). 
 commence- 1652. In all cases in which the cause of disability or 
 
 nicD t of pensions 
 
 for prior wars, death originated in the service prior to the fourth day of 
 
 Sec. 4713, B. S. ____^______ 
 
 1 The section above referred to is section 4709, Eevised Statutes, which was re- 
 pealed by the act of March 3, 1879 (20 Stat. L., 479). 
 
 2 Amended by act of June 9, 1880 (21 Stat. L., 170), which provides that this section 
 shall not operate to reduce pensions already granted. See paragraph 1651, post. 
 
THE MILITARY LAWS OF THE UNITED STATES. 623 
 
 March, eighteen hundred and sixty-one, and an applica- 
 tion for pension shall not have been filed within three 
 years from the discharge or death of the person on whose 
 account the claim is made, or within three years of the 
 termination of a pension previously granted on account of 
 the service and death of the same person, the pension shall 
 commence from the date of filing by the party prosecuting 
 the claim the last paper requisite to establish the same. 
 But no claim allowed prior to the sixth day of June, eight- 
 een hundred and sixty-six, shall be affected by anything 
 herein contained. 
 
 REMOVAL OF LIMITATION. 
 
 1653. That section forty-seven hundred and seventeen of Limitation to 
 
 prosecution or 
 
 the Revised Statutes of the United States, which provides P ension claims 
 
 removed. 
 
 that "no claim for pension not prosecuted to a successful s^ 3, Jan .25, 
 issue within five years from the date of filing the same 
 shall be admitted without record evidence from the War or 
 Navy Department of the injury or the disease which resulted 
 in the disability or death of the person on whose account 
 the claim is made: Provided, That in any case in which the 
 limitation prescribed by this section bars the further prose- 
 cution of the claim, the claimant may present, through the 
 Pension Office, to the Adjutant-General of the Army or the 
 Surgeon-General of the Navy, evidence that the disease or 
 injury which resulted in the disability or death of the 
 person on whose account the claim is made originated in 
 the service and in the line of duty, and if such evidence is 
 deemed satisfactory by the officer to whom it may be sub- 
 mitted, he shall cause a record of the fact so proved to be 
 made, and a copy of the same to be transmitted to the 
 Commissioner of Pensions, and the bar to the prosecution 
 of the claim shall thereby be removed," be, and the same is 
 hereby repealed. 1 Sec. 5, act of January 25, 1879 (20 Stat. 
 L., 265). 
 
 MEMBERS OF CONGRESS AND OFFICERS AND CLERKS OF 
 THE UNITED STATES NOT TO BE INTERESTED IN THE 
 PROSECUTION OF CLAIMS. 
 
 1654. No Senator, Representative, or Delegate, after his ^pn taking 
 
 . ,. n , . , . , compensation in 
 
 election and during his continuance in office, and no head matters to which 
 of a Department, or other officer or clerk in the employ of a party, 
 the Government, shall receive or agree to receive any com- ii9,i3?p!m' 
 pensation whatever, directly or indirectly, for any services 
 
 1 Section 4721, Eevised Statutes, prescribes a limitation upon the operation of sec- 
 tions 4709 and 4710, and 4717, the former of which were repealed by the act of March 3, 
 1879 (20 Stat. L., 469), and the latter by the act of January 20, 1879 (20 Stat. L., 65). 
 
624 THE MILITARY LAWS OF THE UNITED STATES. 
 
 rendered, or to be rendered, to any person, either by him- 
 self or another, in relation to any proceeding, contract, 
 claim, controversy, charge, accusation, arrest, or other 
 matter or thing in which the United States is a party, or 
 directly or indirectly interested, before any Department, 
 court-martial, Bureau, officer, or any civil, military, or 
 naval commission whatever. Every person offending 
 against this section shall be deemed guilty of a misde- 
 meanor, and shall be imprisoned not more than two years, 
 and fined not more than ten thousand dollars, and shall, 
 moreover, by conviction therefor, be rendered forever 
 thereafter incapable of holding any office of honor, trust, 
 or profit under the Government of the United States. 
 
 DECLARATIONS AND EVIDENCE IN PENSION CASES. 
 
 Penalty for 1655. Every person who knowingly or willfully in any- 
 false affidavit .. 
 
 and postdating wise procures the making or presentation of any false or 
 
 vouchers, etc. . , . _ 
 
 Sec. 4746, B.S. fraudulent affidavit concerning any claim for pension, 
 or payment thereof, or pertaining to any other matter 
 within the jurisdiction of the Commissioner of Pensions, 
 or who knowingly or willfully presents or causes to be 
 presented at any pension -agency any power of attorney or 
 other paper required as a voucher in drawing a pension, 
 which paper bears a date subsequent to that on which it 
 was actually signed or executed, shall be punished by a 
 fine not exceeding five hundred dollars, or by imprisonment 
 for a term not exceeding three years, or by both. 
 
 Declarations m 1656. That declarations of pension claimants shall be 
 pe seci! c july 26, made before a court of record, or before some officer thereof 
 l ' having custody of its seal, or before some officer who, under 
 the laws of his State, city, or county, has authority to ad- 
 minister oaths for general purposes; and said officers are 
 hereby fully authorized and empowered to administer and 
 certify any oath or affirmation relating to any pension or 
 application therefor : Provided, That where such declaration 
 or other papers are executed before an officer authorized 
 as above but not required by the laws of his State to 
 have and use a seal to authenticate his official acts, he 
 shall file in the Pension Bureau a certificate of his official 
 character, showing his official signature and term of office, 
 certified by a clerk of a court of record or other proper 
 officer of the State as to the genuineness thereof; and when 
 said certificate has been filed in the Bureau of Pensions his 
 own certificate will be recognized during his term of office. 1 
 Sec. 1, act of July 26, 1892 (27 Stat. L., 272). 
 
 1 See also section 1778, Revised Statutes. 
 
THE MILITARY LAWS OF THE UNITED STATES. 625 
 
 1657. That the Commissioner of Pensions may accept Declarations 
 
 made in foreign 
 
 declarations and other papers of claimants residing in for- C0 g c tr 2 e j ul 26 
 
 eign countries made before a United States minister or 1892, V. 27, p. 272! 
 
 consul or other consular officer, or before some officer of 
 
 the country duly authorized to administer oaths for general 
 
 purposes, and whose official character and signature shall 
 
 be duly authenticated by the certificate of a United States 
 
 minister or consul or other consular officer 5 and declara- Declarations of 
 
 tions in claims of Indians, may be made before a United 
 
 States Indian agent. Sec. 2, act of July 26, 892 (27 Stat. 
 
 L., 272). 
 
 1658. That the Commissioner of Pensions, on application -^SSSSfv^L 
 being made to him in person, or by letter, by any claimant ^ l ee ? Charge 0118 
 or applicant for pension, bounty-land, or other allowance 57 f 6 "*-' 8> 22> p " 
 required bylaw to be adjusted or paid by the Pension- sec.4748,R.s. 
 Office, shall furnish such person, free of all expense, all 
 
 such printed instructions and forms as maybe necessary in 
 establishing and obtaining said claim; and on the issuing 
 of a certificate of pension or of a bounty-land warrant, he 
 shall forthwith notify the claimant or applicant, and also 
 the agent or attorney in the case, if there be one, that such 
 certificate has been issued, or allowance made, and the date 
 and amount thereof. 
 
 1659. That the Commissioner of Pensions be, and he is Residencetobe 
 
 ' proof of citizen- 
 
 hereby, authorized and directed to accept as sufficient in certain 
 
 proof of the citizenship of an applicant for pension under 27 reb 4 - 2 g' 1893> v - 
 said act of July twenty -seventh, eighteen hundred and 
 ninety- two, the fact that such applicant at the date of the 
 application was an actual and bona fide resident of the 
 United States. Act of February 5, 1893 (27 Stat. L., 429). 
 
 1660. That in considering claims filed under the pension Proof of death. 
 laws, the death of an enlisted man or officer shall be con- 29, p?57. ' 
 sidered as sufficiently proved if satisfactory evidence, is 
 produced establishing the fact of the continued and unex- 
 
 plained absence of such enlisted man or officer from his 
 home and family for a period of seven years, during which 
 period no intelligence of his existence shall have been 
 received. And any pension granted under this Act shall 
 cease upon proof that such officer or enlisted man is still 
 living. Act of March 13, 1896 (29 Stat. L., 57). 
 
 1661. That all applicants for pensions shall be presumed Presumption 
 to have had no disability at the time of enlistment ; but enlistment! ltya 
 such presumption may be rebutted. Act of March 3, 1885 23!p?36i.' 1885> v * 
 (23 Stat. L., 361). 
 
 1919 - 40 
 
626 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Curing defect- 1662. That any and all declarations or affidavits now on 
 
 ive declarations, 
 
 etc. file in the Pension Bureau which are considered informal 
 
 i892,v. 27, piW by reason of not having been executed in conformity to the 
 laws heretofore in force covering such, and in which it is 
 shown or may be hereafter shown by proper evidence that 
 the same were executed by and before an officer who was 
 duly authorized to administer oaths for general purposes at 
 said date of execution, s^hall be accepted as formal as from 
 date of filing such declarations or affidavits. Sec. 3, act of 
 July 26, 1892 (27 Stat. L., 272). 
 
 indian^ciauns. 1663. The term of limitation prescribed by sections forty - 
 " seven hundred and nine and forty-seven hundred and seven- 
 teen shall, in pending claims of Indians, be extended to 
 two years from and after the third day of March, eighteen 
 hundred and seventy- three ; all proof which has heretofore 
 been taken before an Indian agent, or before an officer of 
 any tribe, competent according to the rules of said tribe to 
 administer oaths, shall be held and regarded by the Pen- 
 sion-Office, in the examining and determining of claims of 
 Indians now on file, as of the same validity as if taken 
 before an officer recognized by the law at the time as com- 
 petent to administer oaths ; all proof wanting in said claims 
 hereafter, as well as in those filed after the third day of 
 March, eighteen hundred and seventy-three, shall be taken 
 before the agent of the tribe to which the claimants respec- 
 tively belong ; in regard to dates, all applications of Indians 
 now on file shall be treated as though they were made before 
 a competent officer at their respective dates, and if found 
 to be in all other respects conclusive, they shall be allowed; 
 and Indians shall be exempted from the obligation to take 
 the oath to support the Constitution of the United States. 1 
 
 ACCRUED AND UNCLAIMED PENSIONS. 
 
 Accrued pen- 1664. If any pensioner has died or shall hereafter die; or 
 Sec. 25, Mar. 3, ^ any person entitled to a pension, having an application 
 18 SecTm8,'it!s'. therefor pending, has died or shall hereafter die, his widow, 
 or if there is no widow, the child or children of such person 
 under the age of sixteen years, shall be entitled to receive 
 the accrued pension to the date of the death of such per- 
 son. Such accrued pension shall not be considered as a 
 part of the assets of the estate of deceased, nor liable to be 
 applied to the payment of the debts of said estate in any 
 case whatever, but shall inure to the sole and exclusive 
 benefit of the widow or children ; and if no widow or child 
 
 1 Section 4717, Revised Statutes, was repealed by section 3 of the act of January 25, 
 1879 (20 Stat. L., 265) ; see paragraph 1653, ante. 
 
THE MILITARY LAWS OF THE UNITED STATES. 627 
 
 survive, no payment whatsoever of the accrued pension shall 
 be made or allowed, except so much as may be necessary 
 to re-imburse the person who bore the expenses of the last 
 sickness and burial of the decedent, in cases where he did 
 not leave sufficient assets to meet such expenses. 1 
 
 1665. That from and after the twenty-eighth day of Sep- or JJJS^ f n a 
 tember, eighteen hundred and ninety- two, the accrued pen- death of pension- 
 sion to the date of the death of any pensioner, or of any 
 
 person entitled to a pension having an application therefor 
 pending, and whether a certificate therefor shall issue prior 
 or subsequent to the death of such person, shall, in the case 
 of a person pensioned, or applying for pension, on account 
 of his disabilities or service, be paid, first, to his widow: Distribution. 
 
 ,...,, . ., ,f '.,, T-T-, -, Mar. 2, 1895, v. 
 
 second, it there is no widow, to his child or children under 28, p. 964. 
 
 the age of sixteen years at his death; third, in case of a 
 
 widow, to her minor children under the age of sixteen years 
 
 at her death. Such accrued pension shall not be consid- es ^* a88ets of 
 
 ered a part of the assets of the estate of such deceased 
 
 person, nor be liable for the payment of the debts of said 
 
 estate in any case whatsoever, but shall inure to the sole 
 
 and exclusive benefit of the widow or children. And if no Paymentof ex- 
 
 . . 1-11 -i 1 n penses of last 
 
 widow or child survive such pensioner, and in the case of sickness, etc. 
 his last surviving child who was such minor at his death, 
 and in case of a dependent mother, father, sister, or brother, 
 no payment whatsoever of their accrued pension shall be 
 made or allowed except so much as may be necessary to 
 reimburse the person who bore the expense of their last 
 sickness and burial, if they did not leave sufficient assets 
 to meet such expense. And the mailing of a pension check, 
 drawn by a pension agent in payment of a pension due, to 
 the address of a pensioner, shall constitute payment in the 
 event of the death of a pensioner subsequent to the execu- 
 tion of the voucher therefor. And all prior laws relating 
 to the payment of accrued pension are hereby repealed. 
 Act of March 2, 1895 (28 Stat. L., 964). 
 
 1666. The failure of any pensioner to claim his or her pen- unclaimed pen- 
 sion for three years after the same shall have become due sl sec.'26,junei8, 
 shall be deemed presumptive evidence that such pension 18 st'cT4Vi9;B. 4 s. 
 has legally terminated by reason of the pensioner's death, 
 remarriage, recovery from the disability, or otherwise, and 
 
 the pensioner's name shall be stricken from the list of pen- 
 sioners, subject to the right of restoration to the same on 
 
 J The act of June 3, 1884 (23 Stat. L., 35), contains the requirement "that the heirs 
 or legal representatives of any officer whose muster into the service has been or shall 
 be amended thereby shall be entitled to receive the arrears of pay due such officer, 
 and the pension, if any, authorized by law, for the grade into which such officer ia 
 mustered under its provisions." See 'also the act of March 1 , 3889 (25 Stat. L., 782). 
 
628 THE MILITARY LAWS OF THE UNITED STATES. 
 
 a new application by the pensioner, or, if the pensioner is 
 dead, by the widow or minor children entitled to receive 
 the accrued pension, accompanied by evidence satisfactorily 
 accounting for the failure to claim such pension, and by 
 medical evidence in cases of invalids who were not exempt 
 from biennial examinations as to the continuance of the 
 disability. 
 
 ATTORNEY'S FEES. 
 
 Fees of attor- 1667. No agent or attorney or other person shall demand 
 
 ney for prosecut- 
 ing claims. or receive any other compensation for his services in pros- 
 
 i884, C v.23, P u &>. 'ecuting a claim for pension or bounty land than such as 
 
 } ' ' the Commissioner of Pensions shall direct to be paid to 
 
 him, not exceeding twenty-five dollars; nor shall such 
 
 agent, attorney or other person demand or receive such 
 
 compensation, in whole or in part, until such pension or 
 
 Proviso. bounty-land claim shall be allowed : Provided, That in all 
 
 claims allowed since June twentieth eighteen hundred 
 
 and seventy-eight where it shall appear to the satisfaction 
 
 Fees not paid of the Commissioner of Pensions that the fee of ten dol- 
 
 in certain cases, ... , , , . , . ,-,-, 
 
 to be deducted lars, or any part thereof, has not been paid, he shall cause 
 on * the same to be deducted from the pension, and the pension 
 
 agent to pay the same to the recognized attorney. 
 an^unT? "ee f to 1668. The agent or attorney of record in the prosecution 
 be filed. of the case may cause to be filed with the Commissioner of 
 
 o. 4 July 4 
 
 1884, v. 23, p. '99. Pensions, duplicate articles of agreement, without addi- 
 
 ' tional cost to the claimant, setting forth the fee agreed 
 
 upon by the parties, which agreement shall be executed in 
 
 the presence of and certified by some officer competent to 
 
 administer oaths. In all cases where application is made 
 
 Fee in case of for pension or bounty land, and no agreement is filed with 
 
 agreement the Commissioner as herein provided, the fee shall be ten 
 
 dollars and no more. And such articles of agreement as 
 
 may hereafter be filed with the Commissioner of Pensions 
 
 Articles of are not authorized, nor will they be recognized except in 
 
 agreement, etc., -../. ... . , . n 
 
 recognized in cer- claims for original pensions, claims for increase of pension 
 
 tain claims only. -i i -i i / * 
 
 on account of a new disability, in claims for restoration 
 where a pensioner's name has been or mav hereafter be 
 dropped from the pension rolls on testimony taken by a 
 special examiner, showing that the disability or cause of 
 death, on account of which the pension was allowed, did 
 not originate in the line of duty, and in cases of dependent 
 relatives whose names have been or may hereafter be, 
 dropped from the rolls on like testimony, upon the ground 
 of non dependence, and in such other cases of difficulty 
 and trouble as the Commissioner of Pensions may see fit to 
 
THE MILITARY LAWS OF THE UNITED STATES. 629 
 
 recognize them: Provided, That no greater fee than ten Proviso. 
 dollars shall be demanded, received, or allowed in any claim la ^ e e ^ r bount y 
 for pension or bounty land granted by special act of Con- 
 gress, nor in any claim for increase of pension on account 
 of the increase of the disability for which the pension had 
 been allowed: And provided further ', That no fee shall be 
 demanded, received, or allowed in any claim for arrears of NO fee allowed 
 
 for arrears oipeu- 
 
 pension or arrears of increase of pension allowed by anysion,etc. 
 act of Congress passed subsequent to the date of the 
 allowance of the original claims in which such arrears of 
 pension, or of increase of pension, may be allowed. 
 
 The articles of agreement herein provided for shall be in 
 substance as follows, to wit : 
 
 ARTICLES OF AGREEMENT. 
 
 Whereas I, , late a in company , cl ^ orn j f of ' 
 
 of the regiment of volunteers, war of eighteen ment. 
 
 hundred and sixty-one (or, if the service be different, here 
 state the same), having made application for pension under 
 the laws of the United States : 
 
 Now, this agreement witnesseth, that for and in consid- 
 eration of services done and to be done in the premises, I 
 
 hereby agree to allow my attorney, of , 
 
 the fee of dollars, which shall include all amounts 
 
 to be paid 'for any service in furtherance of said claim ; and 
 said fee shall not be demanded by or payable to my said 
 attorney (or attorneys), in whole or in part, except in case 
 of the granting of my pension by the Commissioner of 
 Pensions; and then the same shall be paid to him (or them) 
 in accordance with the provisions of sections forty-seven 
 hundred and sixty-eight and forty-seven hundred and sixty- 
 nine of the Revised Statutes. 
 
 (Claimant's signature.) 
 (Two witnesses' signatures.) 
 STATE OF 
 
 on 
 
 County of 
 
 Be it known that on this, the day of , anno 
 
 Domini eighteen hundred and eighty , personally 
 
 appeared the above-named , who, after having 
 
 had read over to , in the hearing and presence of the 
 
 two attesting witnesses, the contents of the foregoing arti- 
 cles of agreement, voluntarily signed and acknowledged 
 the same to be free act and deed. 
 
 (Official signature.) 
 
630 THE MILITARY LAWS OP THE UNITED STATES. 
 
 And now, to wit, this - day of , anno Domini 
 eighteen hundred and eighty - , I (or we) accept the pro- 
 visions contained in the foregoing articles of agreement, 
 and will, to the best of my (or our) ability, endeavor faith- 
 fully to represent the interest of the claimant in the prem- 
 ises. 
 
 Witness my (or our) hand, the day and year first above 
 written. 
 
 (Signature of Attorney.) 
 STATE OF 
 County of 
 
 Personally came -- , whom I know to be the 
 person he represents himself to be, and who, having signed 
 above acceptance of agreement, acknowledged the same to 
 be - free act and deed. 
 
 (Official signature.) 
 
 Amount paid, ^ n( l if ^ the adjudication of any claim for pension in 
 d^cte<ifro b m fe d e e w ^ich such articles of agreement have been, or may here- 
 after be, filed, it shall appear that the claimant had, prior 
 to the execution thereof, paid to the attorney any sum for 
 his services in such claim, and the amount so paid is not 
 stipulated therein, then every such claim shall be adjudi- 
 cated in the same manner as though no articles of agree- 
 ment had been filed, deducting from the fee of ten dollars 
 allowed by law such sum as claimant shall show that he 
 has paid to his said attorney. 
 
 Penalty for Anv agent or attorney or other person instrumental in 
 JeSting 11 t f fees prosecuting any claim for pension or bounty land, who shall 
 or compensation, directly or indirectly contract for, demand or receive or 
 retain any greater compensation for his services or instru- 
 mentality in prosecuting a claim for pension or bounty land 
 than is herein provided, or for payment thereof at any other 
 time or in any other manner than is herein provided, or 
 who shall wrongfully withhold from a pensioner or claimant 
 the whole or any part of the pension or claim allowed and 
 due such pensioner or claimant, or the land warrant issued 
 to any such claimant, shall be deemed guilty of a misde- 
 meanor, and upon conviction thereof shall for every such 
 offense be fined not exceeding five hundred dollars, or 
 imprisoned at hard labor not exceeding two years, or both, 
 in the discretion of the court. Sec. 4, act of July 5, 1884 (23 
 Stat. L., 99). 
 
 secretary of 1669 - Tbat the Secretary of the Interior may prescribe 
 
 scrTbe 0r ru*e S p fo e r rules and regulations governing the recognition of agents, 
 
 faints m< etc n attorneys, or other persons representing claimants before 
 
 prosecution of his department, and may require of such persons, agents, 
 
 sect's, ibid, and attorneys, before being recognized as representatives 
 
THE MILITARY LAWS OF THE UNITED STATES. 031 
 
 of claimants, that they shall show that they are of good 
 moral character and in good repute, possessed of the nec- 
 essary qualifications to enable them to render such claim- 
 ants valuable service, and otherwise competent to advise 
 and assist such claimants in the presentation of their claims 
 and such Secretary may, after notice and opportunity for a 
 hearing, suspend or exclude from further practice before 
 his department any such person, agent or attorney shown 
 to be incompetent, disreputable, or who refuses to comply 
 with the said rules and regulations, or who shall with 
 intent to defraud in any manner deceive, mislead, or 
 threaten any claimant, or prospective claimant, by word, 
 circular, letter, or by advertisement. Sec. 5, ibid. 
 
 1670. The Commissioner shall have power, subject to re- commissioner 
 
 , . , ,-* . .of Pensions may 
 
 view by the Secretary, to reject or refuse to recognize any reject contracts 
 contract for fees, herein provided for, whenever it shall be sec?MW& 
 made to appear that any undue advantage has been taken 
 of the claimant in respect to such contract. Sec. 6, ibid. 
 
 1671. That the act entitled "An act relating to claim Attorneys' fees 
 
 j ,, . . .. , T in pension cases ; 
 
 agents and attorneys in pension cases," approved June act relating to. 
 twentieth, eighteen hundred and seventy -eight, is hereby repea 
 repealed: Provided however, That the rights of the parties . July 4, 1884, v. 
 shall not be abridged or aifected as to contracts in pending 
 cases, as provided for in said act ; but such contracts shall 
 be deemed to be and remain in full force and virtue, and 
 shall be recognized as contemplated by said act. Act of 
 July 4, 1884 (23 Stat. L., 99). 
 
 1672. That sections forty-seven hundred and sixty-eight, Sections 4768, 
 
 / i i i -i j i/ 47o9, (iiicl 4786, 
 
 forty- seven hundred and sixty-nine, and forty-seven hun- Revised statutes, 
 
 , , ,.,. . _ , . -TTO<^ made applicable 
 
 dred and eighty- six of the Ee vised Statutes are hereby m certain cases, 
 made applicable also to all cases hereafter filed with the is^Tv.lsfp^. 4 ' 
 Commissioner of Pensions, and to all cases so filed since 
 June twentieth, eighteen hundred and seventy-eight, and 
 which have not been heretofore allowed, except as herein- 
 after provided. Sec. 2, act of July 4, 1884 (23 Stat. ., 99). 
 
 1673. That hereafter no agent or attorney shall demand, Fee for in- 
 
 'crease, etc., 
 
 receive, or be allowed any compensation under existing claims. 
 
 & Mar. 3, 1891, v. 
 
 law exceeding two dollars in any claim for increase of pen- 26, p. 1032. 
 
 sion on account of the increase of the disability for which 
 
 the pension has been allowed, or for services rendered in 
 
 securing the passage of any special act of Congress granting 
 
 a pension or an increase of pension in any case that 
 
 has been presented at the Pension Office or is allowable 
 
 under the general pension laws: And provided further. Penalty for tak- 
 
 That any agent, attorney, or other person instrumental j n mg lUegal fee - 
 
 prosecuting any claim for increase of pension on account 
 
632 THE MILITARY LAWS OF THE UNITED STATES. 
 
 of the increase of disability for which pension was allowed, 
 or who has rendered services in procuring the passage of 
 any special act of Congress granting a pension or an 
 increase of pension in any case that has been presented at 
 the Pension Office or is allowable under the general pen- 
 sion laws, who shall directly or indirectly contract for, 
 demand, receive, or retain any compensation for such 
 services, except as hereinbefore provided, shall be deemed 
 guilty of a misdemeanor, and upon conviction thereof shall, 
 for each and every such offense, be fined not exceeding 
 five hundred dollars or imprisoned, not exceeding two 
 Pending con- year s or both, in the discretion of the court: Provided, 
 however, That the foregoing provisions in relation to fees 
 of agents or attorneys shall not apply to any case now 
 pending where there is an existing lawful contract express 
 or implied. Act of March 3, 1891 (26 Stat. ., 1082). 
 
 PAYMENT OF PENSIONS. 
 
 to^eSduaSi ts 1674. Within fifteen days immediately preceding the 
 
 voucher to each fourth day of March, June, September, and December in 
 
 July sTisV c. each year, the several agents for the payment of pensions 
 
 225, s. 1, v. 16, p. . -i / 
 
 193. shall prepare a quarterly voucher tor every person whose 
 
 ' pension is payable at his agency, and transmit the same by 
 
 mail, directed to the address of the pensioner named in 
 
 such voucher, who, on or after the fourth day of March, 
 
 June, September, and December next succeeding the date 
 
 of such voucher, may execute and return the same to the 
 
 agency at which it was prepared, and at which the pension 
 
 of such person is due and payable. 
 
 Fourth- class 1675. That hereafter, in addition to the officers now au- 
 
 postmasters may 
 
 administerthonzed to administer oaths in such cases, fourth-class 
 Aug. 23, 1894, postmasters of the United States are hereby required, 
 empowered, and authorized to administer any and all oaths 
 required to be made by pensioners and their witnesses in 
 the execution of their vouchers with like effect and force 
 as officers having a seal; and such postmaster shall affix 
 the stamp of his office to his signature to such vouchers, 
 Fees. anc i h e j s authorized to charge and receive for each voucher 
 
 not exceeding twenty-five cents, to be paid by the pen- 
 sioner. Act of August 23, 1894 (28 Stat. L., 499). 
 oaths to be ad- 1676. That hereafter all United States officers now au- 
 
 ministered by of- 
 ficers free. * thorized to administer oaths are hereby required and 
 
 June 7, 1888, v. 
 
 25, P . 174; Mar. 3, directed to administer any and all oaths required to be 
 
 1889, v. 25, p, 782. . ~? 
 
 made by pensioners and their witnesses, in the execution 
 of their vouchers for their pensions free of charge. Act of 
 
THE MILITARY LAWS OF THE UNITED STATES. 633 
 
 June 7, 1888 (25 Stat. L., 174), and March 3, 1889 (25 Stat. 
 L., 782). 
 
 1677. Upon the receipt of sucli voucher, properly exe- check to be 
 cuted, and the identity of the pensioner being; established each pensioner. 
 
 , .. . , Ibid., s.2, p.194. 
 
 and proved in the manner prescribed by the Secretary of sec. 4766, R.S. 
 the Interior, the agent for the payment of pensions shall 
 immediately draw his check on the proper assistant treas- 
 urer or designated depositary of the United States for the 
 amount due such pensioner, payable to his order, and 
 transmit the same by mail, directed to the address of the 
 pensioner entitled thereto; but any pensioner may be 
 required, if thought proper by the Commissioner of Pen- 
 sions, to appear personally and receive his pension. 1 
 
 1678. That a check or checks drawn by a pension agent Mailing check 
 
 . .. ., -iiii. ,, to be payment in 
 
 in payment of pension due, and mailed by him to the certain cases 
 address of the pensioner, shall constitute payment within 25, p. m 18 
 the meaning of section forty-seven hundred and sixty-five 
 Eevised Statutes, in the event of the death of a pensioner 
 subsequent to the mailing and before the receipt of said 
 check; and the amount which may have accrued on the .Accrued pen- 
 
 ' sion on death of 
 
 pension of any pensioner subsequent to the last quarterly pensioner. 
 payment on account thereof and prior to the death of such 
 pensioner shall in the case of a husband be paid to his 
 widow, or if there be no widow to his surviving minor 
 children or the guardian thereof, and in the case of a widow 
 to her minor children : Provided further. That hereafter 
 whenever a pension certificate shall have been issued and 
 the pensioner mentioned therein dies before payment shall i>eath of pen- 
 
 . _ sioner, leaving 
 
 have been made, leaving no widow and no surviving minor no widow or 
 
 , ... , ,, , -I - T .,.,. ,, minor child. 
 
 children, the accrued pension due on said certificate to the 
 date of the death of such pensioner may, in the discretion 
 of the Secretary of the Interior, be paid to the legal repre- 
 sentatives of said pensioner. Act of March 1, 1889 (25 
 Stat. ., 782). 
 
 1679. Hereafter no pension shall be paid to any person Pensioners nn- 
 
 xi xaii A..AI. Iv der legal disabili 
 
 other than the pensioner entitled thereto, nor otherwise ties. 
 
 -,. ,1 . /. ,, ,.,-, ^ Aug. 8, 1882, v. 
 
 than according to the provisions of this title; and no war- 22, P 374. 
 rant, power of attorney, or other paper executed or pur- 
 porting to be executed by any pensioner to any attorney, 
 claim agent, broker, or other person shall be recognized by 
 any agent for the payment of pensions, nor shall any pen- 
 sion be paid thereon ; but the payment to persons laboring 
 under legal disabilities may be made to the guardians of 
 
 'For payment of pensions to inmates of the Soldiers' Home, of the National 
 Home for Disabled Volunteer Soldiers, and the Government Hospital for the Insane, 
 see the chapters so entitled. 
 
634 THE MILITARY LAWS OF THE UNITED STATES. 
 
 such persons in the manner herein prescribed, and pen- 
 
 sions payable to persons in foreign countries may be made 
 
 Pensioners in according to the provisions of existing laws : Provided. 
 
 foreign c o u n - 
 
 tries. That in case of an insane invalid pensioner having no 
 
 Invalid pen- ,- ./ -I--IT -i 
 
 , insane, guardian, but having a wife or children dependent upon 
 
 him (the wife being a woman of good character), the Com- 
 missioner of pensions is hereby authorized, in his discre- 
 tion, to cause the pension to be paid to the wife, upon her 
 properly-executed voucher, or in case there is no wife, to 
 the guardian of the children, upon the properly-executed 
 voucher of such guardian, and in like manner to cause the 
 pension of invalid pensioners who are or may hereafter be 
 imprisoned as punishment for offenses against the laws to 
 be paid while so imprisoned to their wives or the guardians 
 Indian pen- o f their children. And pensions to Indian pensioners 
 
 sioners;pay- , . , . , 
 
 ments in stand residing in the Indian Territory may be paid in person by 
 the pension agent, upon a suitable voucher, at some con- 
 venient point in said Territory, which, together with the 
 form and manner of identification of the pensioners, may 
 
 Payments in be prescribed by the Secretary of the Interior: such pay- 
 cash, when made. 
 
 ments to be made in standard silver, at least once in each 
 
 current year. And payments in person shall be made to 
 the pensioner, in cash, by the pension agent whenever in 
 the discretion of the Commissioner of Pensions such per- 
 sonal payment shall be by him deemed necessary or proper 
 to secure to the pensioner his rights; and the necessary and 
 Expenses o f actual expenses of such pension agent in making such pay- 
 ments shall be paid by the Secretary of the Interior upon 
 properly- executed vouchers, out of the contingent fund 
 appropriated for the use of the Pension Office. * * * 
 Act of August 8, 1882 (22 Stat. L., 374). 
 
 Agencies to be 1680. That the Secretary of the Interior is hereby author- 
 arranged in three 
 groups. i ze (i anc i directed to arrange the various agencies for the 
 
 Sec. 2, Mar. 3, . 
 
 1891, v. 26, P . 1082. payment of pensions in three groups as he may think 
 
 Quarterly pay- * rf . 
 
 menta to groups, proper, and may from time to time change any agency 
 from one group to another as he may deem convenient for 
 the transaction of the public business. * * * The 
 Secretary of the Interior is hereby fully authorized to cause 
 payments of pensions to be made for the fractional parts 
 of quarters created by such change, so as to properly 
 adjust all payments as herein provided. Section forty- 
 seven hundred and sixty-four of the Revised Statutes is 
 hereby so amended as to conform to the changes in the 
 time of payments provided herein, and is made applicable 
 thereto. See. 2, act of March 5, 1891 (26 Stat. L., 1082). 
 
THE MILITARY LAWS OF THE UNITED STATES. 635 
 
 1081. The Secretary of the Interior shall cause suitable Blanks for 
 
 vouchers; no- 
 
 blank S for the vouchers mentioned in section forty-seven iic 
 
 ' 
 
 hundred and sixty-four to be printed and distributed to sec.4767,E.s. 
 the agents for the payment of pensions, upon which he 
 shall cause a note to be printed informing pensioners of the 
 fact that hereafter no pension will be paid, except upon 
 the vouchers issued as herein directed. 
 
 1682. The Commissioner of Pensions shall forward the Certificate of 
 
 , . _ , i A-, , pension and fee 
 
 certificate of pensions, granted in any case, to the agent of attorney. 
 
 for paying pensions where such certificate is made payable, 195.* 
 
 and at the same time forward therewith one of the articles Sec - 4768 B ' s 
 
 of agreement filed in the case and approved by the Com- 
 
 missioner, setting forth the fee agreed upon between the 
 
 claimant and the attorney or agent, and where no agree- 
 
 ment is on file, as hereinbefore provided, he shall direct 
 
 that a fee of ten dollars only be paid the agent or attorney. 
 
 [See Sec. 5485.] 
 
 1683. It shall be the duty of the agent paying such pen- to p ^jfjj!{ JgJJ* 
 sion to deduct from the amount due the pensioner the ney's fees. 
 
 ,. _ , . _, find., a. 10. 
 
 amount of fee so agreed upon or directed by the Coiamis- sec.4769, K. s. 
 sioner to be.paid where no agreement is filed and approved, 
 and to forward or cause to be forwarded to the agent or 
 attorney of record named in such agreement, or, in case 
 there is no agreement, to the agent prosecuting the case, 
 the amount of the proper fee, deducting therefrom the sum 
 of thirty cents, in payment of his services in forwarding 
 the same. 
 
 DUPLICATE CHECKS. 
 
 1684. Whenever any original check is lost, stolen, or Duplicate 
 destroyed, disbursing officers and agents of the United c FeW 1885, v. 
 States are authorized, after the expiration of six mouths, 23 sec. 3 3<H6,R.s. 
 and within three years from the date of such check, to 
 
 issue a duplicate check ; and the Treasurer, assistant treas- 
 urers, and designated depositaries of the United States 
 are directed to pay such duplicate checks, upon notice and 
 proof of the loss of the original checks, under such regu- 
 lations in regard to their issue and payment, and upon the 
 execution of such bonds, with sureties, to indemnify the 
 United States, as the Secretary of the Treasury shall 
 prescribe. This section shall not apply to any check exceed- 
 ing in amount the sum of twenty-five hundred dollars. 
 Act of February 16, 1885 (23 Stat. L., 306). 
 
 SPECIAL EXAMINATIONS. 
 
 1685. That the Commissioner of Pensions shall have the commisionerof 
 
 . Pensions may 
 
 same power as heretofore to order special examinations order special ex- 
 
 whenever, in his judgment, the same may be necessary, 
 
 and to increase or reduce the pension according to right 1879 ' Vi2l P' 80 
 
636 THE MILITARY LAWS OF THE UNITED STATES. 
 
 and justice; but in no case shall a pension be withdrawn 
 or reduced except upon notice to the pensioner and a hear- 
 ing upon sworn testimony, except as to the certificate of 
 the examining surgeon. 1 Sec. 3, act of June 21, 1879 (21 
 Stat. L., 30). 
 
 1686. The Commissioner of Pensions is authorized to 
 ' v 8 i7 c or g an i ze ? a * his discretion, boards of examining surgeons, 
 76 ic 4-74 B s no ^ ^ excee( ^ three members, and each member of a board 
 thus organized who is actually present and makes, in con- 
 nection with other members or member, an ordered or 
 periodical examination, shall be entitled to the fee of one 
 dollar, on the receipt of a proper certificate of such exami- 
 nation by the Commissioner of Pensions. 2 
 
 nat?o e ns al exami " 1687. Examining surgeons duly appointed by the Com- 
 8ec?4776 7 B. s. niissioner o f Pensions, and such other qualified surgeons 
 as may be employed in the Pension-Office, may be required 
 by him, from time to time, as he deems for the interest of 
 the Government, to make special examinations of pension- 
 ers or applicants for pension, and such examinations shall 
 have precedence over previous examinations, whether 
 special or biennial; but when injustice is alleged to have 
 been done by an examination so ordered, the Commissioner 
 of Pensions may, at his discretion, select a board of three 
 duly appointed examining surgeons, who shall meet at a 
 place to be designated by him, and shall review such cases 
 as may be ordered before them on appeal from any special 
 examination, and the decision of such board shall be final 
 on the question so submitted thereto, provided the Com- 
 missioner approve the same. The compensation of each of 
 such surgeons shall be three dollars, and shall be paid out 
 of any appropriations made for the payment of pensions, 
 in the same manner as the ordinary fees of appointed sur- 
 geons are or may be authorized to be paid. 2 
 
 a^ ed lx a amfnf n e g 1688. The Secretary of the Interior is authorized to ap- 
 8U JfS"s. 38, p. point a duly qualified surgeon as medical referee who, 
 57 Sec.4776 Rs un( l er the control and direction of the Commissioner of 
 Pensions, shall have charge of the examination and revi- 
 sion of the reports of examining surgeons, and such other 
 duties touching medical and surgical questions in the Pen- 
 sion Office, as the interests of the service may demand; 
 and his salary shall be two thousand five hundred dollars 
 per annum. And the Secretary of the Interior is further 
 authorized to appoint such qualified surgeons (not exceed- 
 ing four) as the exigencies of the service may require, who 
 may perform the duties of examining surgeons when so 
 
 Sections 4771, 4772, and 4773, Revised Statutes, were repealed by the act of June 
 21, 1879 (21 Stat. L., 30). 
 
 * But see paragraphs 1692 and 1693, post. 
 
THE MILITARY LAWS OF THE UNITED STATES. 637 
 
 required, and who shall be borne upon the rolls as clerks of 
 the fourth class ; but such appointments shall not increase 
 the clerical force of said Bureau. 
 
 1689. The Commissioner of Pensions is empowered to Appointment 
 
 .,.,.,. ,. . ., . ,, .of civil examin- 
 
 appoint, at his discretion, civil surgeons to make the pen -ing surgeons. 
 
 ,., ... n . -i-i -i Ibid., 8. 35, p. 
 
 odical examinations ot pensioners which are or may 06576 
 required by law, and to examine applicants for pension, 
 where he deems an examination by a surgeon appointed 
 by him necessary 5 and the fee for such examinations, and 
 the requisite certificates thereof in duplicate, including 
 postage on such as are transmitted to pension-agents, shall 
 be two dollars, which shall be paid by the agent for paying 
 pensions in the district within which the pensioner or 
 claimant resides, out of any money appropriated for the 
 payment of pensions, under such regulations as the Com- 
 missioner of Pensions may prescribe. 
 
 1690. The Commissioner may, when in his judgment the 
 degree of disability cannot be determined truthfully 
 satisfactorily excepting by expert examination, employ an v. 22, p. IT'G. 
 expert, not a regularly appointed surgeon, to make the 
 examination ; and the fee for such examination shall be five 
 dollars : Provided, That the fee for an expert examination Proviso. 
 shall not be paid to any regularly-appointed examining Fees. 
 surgeon. Act of July 25, 1892 (22 Stat. L., 176). 
 
 1691. The fee for the examination of claimants who re- N on resident 
 side out of the United States shall not exceed ten dollars, c juVk 1882, v. 
 which shall be paid, upon the presentation of satisfactory ' 
 vouchers, out of the appropriation for the payment of the 
 examining surgeons, and through the United States con- 
 sulate nearest to the claimant's place of residence. Act of 
 
 July 25, 1882 (22 Stat. L., 176). 
 
 1692. That the Commissioner of Pensions is hereby au- commissioner 
 
 J authorized to ap- 
 
 thorized to appoint surgeons who, under his control and point surgeons, 
 direction shall make such examination of pensioners and 
 claimants for pension or increased pension as he shall re- 
 quire; and he shall organize boards of surgeons, to consist e ^g rda of 8ur ' 
 of three members each, at such points in each State as he 
 shall deem necessary, and all examinations, so far as prac- 
 ticable, shall be made by the boards, and no examination 
 shall be made by one surgeon excepting under such cir- special board 
 cumstances as make it impracticable for a claimant to 
 present himself before a board : Provided, That the Com- 
 missioner may, when in his opinion the exigencies of the 
 service require it, organize a board of three surgeons who, 
 under his direction, shall review the work of any regularly- 
 appointed board or surgeon : Provided further, That all 
 
638 THE MILITARY LAWS OF THE UNITED STATES. 
 
 examinations shall be thorough and searching, and the 
 certificate contain a full description of the physical condi- 
 tion of the claimant at the time, which shall include all the 
 physical and rational signs and a statement of all struc- 
 tural changes. 
 Free for exami- The fee for each examination, and satisfactory certificate 
 
 nation, etc. 
 
 thereof, shall be two dollars to each member when made by 
 Proviso. a board, and two dollars when made by one surgeon : Pro- 
 vided^ That when a claimant is so disabled as not to be 
 able to present himself to a board of surgeons for examina- 
 tion, the Commissioner may order a surgeon to make the 
 examination at the claimant's residence; and the fee for 
 such examination shall be two dollars, in addition to the 
 payment of the actual traveling expenses of the surgeon : 
 Proviso. Provided further, That no fee shall be allowed or paid to 
 any member of such board of examining surgeons who 
 does not actually participate in such examination and sign 
 the certificate thereof. 1 Sec. -1, act of July 25, 1882 (22 
 Stat. L., 175). 
 
 FEES OF EXAMINING SURGKEONS. 
 
 Examinations. 1693. Each member of each examining board shall, as now 
 28, P .ii3.' ' authorized by law, receive the sum of two dollars for the 
 examination of each applicant whenever five or a less num- 
 ber shall be examined on any one day, and one dollar for 
 the examination of each additional applicant on such day: 
 Provided, That if twenty or more applicants appear on one 
 day, no fewer than twenty shall, if practicable, be examined 
 on said day, and that if fewer examinations be then made, 
 twenty or more having appeared, then there shall be paid 
 for the first examinations made on the next examination day 
 the fee of one dollar only until twenty examinations shall 
 
 NO fee unless have been made : Provided further, That no fees shall be 
 
 service rendered. . .. , 
 
 paid to any member of an examining board unless personally 
 present and assisting in the examination of applicant. 2 
 Act of July 18, 1894 (28 Stat. L., 113). 
 
 insiecTreport. ay 1694 - Th at the report of such examining surgeons when 
 28fp! 1 m 8 ' 1894 ' v filed iu the Pension Office shall be open to the examination 
 and inspection of the claimant or his attorney, under such 
 reasonable rules and regulations as the Secretary of the 
 Interior may provide. Act of July 18, 1894 (28 Stat. L., 
 113). 
 
 1 This section replaces, in part, section 4775, Revised Statutes, which authorized 
 the appointment of boards of examining surgeons and prescribed their fees. 
 
 2 A similar provision will be found in the acts of July 2, 1886 (24 Stat. L., 122) ; March 
 
 1, 1887 (24 Stat. L., 440) ; June 7, 1888 (25 Stat. L., 174) ; March 1, 1889 (25 Stat. L., 782) ; 
 June 30,1890 (26 Stat. L., 188); March 3, 1891 (26 Stat. L.,1082); July 13, 1892 (27 
 Stat. L., 119) ; March 1, 1893 (27 Stat. L., 524) ; July 18, 1894 (28 Stat. L., 113) ; March 
 
 2, 1895 (28 Stat. L., 403) ; and March 6, 1896 (29 Stat. L., 45). 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 639 
 
 penalties. 
 
 ASSIGNMENTS, ETC. 
 
 1695. Any pledge, mortgage, sale, assignment, or trans- Any pledge or 
 fer of any right, claim, or interest in any pension which has 8ion 8 vohi f pen 
 been, or may hereafter be, granted, shall be void and of no 
 effect, and any person who shall pledge, or receive as a 
 pledge, mortgage, sale, assignment or transfer of any right, 
 claim, or interest in any pension, or pension certificate, 
 which has been, or may hereafter be granted or issued, or 
 who shall hold the same as collateral security for any debt, 
 or promise, or upon any pretext of such security, or prom- 
 ise, shall be guilty of a misdemeanor, and upon conviction 
 thereof shall be fined in a sum not exceeding one hundred 
 dollars and the costs of the prosecution ; and any person 
 who shall retain the certificate of a pensioner and refuse to 
 surrender the same upon the demand of the Commissioner 
 of Pensions, or a United States pension agent, or any other 
 person, authorized by the Commissioner of Pensions, or the 
 pensioner, to receive the same shall be guilty of a misde- 
 meanor, and upon conviction thereof shall be fined in a sum 
 not exceeding one hundred dollars and the costs of the 
 prosecution. Sec. 2, act of February 23, 1883 (22 Stat. L.,432). 
 
 1698. No sum of money due, or to become due, to any 
 pensioner, shall be liable to attachment, levy, or seizure by 
 or under any legal or equitable process whatever, whether 
 the same remains with the Pension-Office, or any officer or 
 agent thereof, or is in course of transmission to the pen- 
 sioner entitled thereto, but shall inure wholly to the benefit 
 of such pensioner. 
 
 INVESTIGATIONS. 
 
 1697. The Commissioner of Pensions is authorized to . Special service 
 
 in investigating 
 
 detail, from time to time, clerks or persons employed in his suspected at 
 
 r J tempts at fraud. 
 
 office to make special examinations into the merits of such Mar. 3, ISTS, c. 
 pension or bounty land claims, whether pending or adjudi- P. 575. sec. 2,' 
 cated, as he may deem j>roper, and to aid in the prosecu- 22! p. 175. 
 
 .. ,* . i j.- i Sec. 4744, R. S. 
 
 tion of any party appearing on such examinations to be 
 guilty of fraud, either in the presentation or in procuring 
 the allowance of such claims; and any person so detailed 
 shall have power to administer oaths and take affidavits 
 and depositions in the course of such examinations, and to 
 orally examine witnesses, and may employ a stenographer, 
 when deemed necessary by the Commissioner of Pensions, 
 in important cases, such stenographer to be paid by such 
 clerk or person, and the amount so paid to be allowed in 
 his accounts. Sec. 2, act of July 25, 1882 (22 Stat. L., 175). 
 
 pension not u- 
 e c attach - 
 
 c 47 B. s. 
 
640 THE MILITARY LAWS OF THE UNITED STATES. 
 
 investigating 16S8. That the same power to administer oaths aiid take 
 minister oaths, affidavits, which by virtue of section forty-seven hundred 
 6 sec. 3, Mar. 3, and forty-four of the Eevised Statutes is conferred upon 
 clerks detailed by the Commissioner of Pensions from his 
 office to investigate suspected attempts at fraud on the 
 Government through and by virtue of the pension laws, 
 and to aid in prosecuting any person so offending, shall be, 
 and is hereby, extended to all special examiners or addi- 
 tional special examiners employed under authority of Con- 
 gress to aid in the same purpose. Sec. 3, act of March 3 S 
 1891 (26 Stat. L., 1083). 
 
 subpoenas to 1699. That in addition to the authority conferred by 
 Sec. a, July 25, section one hundred and eighty-four, title four of the Ee- 
 '' vised Statutes, any judge or clerk of any court of the United 
 States in any State, District, or Territory shall have power, 
 upon the application of the Commissioner of Pensions, to 
 issue a subposna for a witness, being within the jurisdiction 
 of such court, to appear, at a time and place in the sub- 
 poena stated, before any officer authorized to take depo- 
 sitions to be used in the courts of the United States, or 
 before any officer, clerk, or person from the Pension Bureau 
 designated or detailed to investigate or examine into the 
 merits of any pension claim and authorized by law to ad- 
 minister oaths and take affidavits in such investigation or 
 examination, there to give full and true answers to such 
 written interrogatories and cross interrogatories as may be 
 propounded, or to be orally examined and cross-examined 
 witnesses' upon the subject of such claim; and witnesses subpoanaed 
 pursuant to this and the preceding section shall be allowed 
 the same compensation as is allowed witnesses in the courts 
 of the United States, and paid in the same manner. 1 Sec. 
 3, act of July 25, 1882 (22 Stat. L., 175). 
 
 MISCELLANEOUS. 
 
 fl(Kciary p ag ent of 1700. Every guardian, conservator, curator, committee, 
 26 F p b 7'46 ' 1891lT ' tutor, or other person having charge and custody in a 
 fiduciary capacity of the pension of his ward, who shall 
 embezzle the same in violation of his trust, or fraudu- 
 B s.^tly convei> t the same to his own use, shall be punished 
 by fine not exceeding two thousand dollars or imprison- 
 ment at hard labor for a term not exceeding five years, or 
 both, at the discretion of the court. Act of February 10, 
 1891 (26 Stat. L., 746). 
 
 1 For power to issue compulsory process in certain cases see section 186, Revised 
 Statutes. 
 
THE MILITARY LAWS OF THE UNITED STATES. 641 
 
 1701. Nothing in this Title 1 shall be so construed as to . Onl y one pen- 
 
 sion at a time. 
 
 allow more than one pension at the same time to the same sec.2o,twd. 
 person, or to persons entitled jointly; but any pensioner 
 who shall so elect may surrender his certificate, and receive, 
 in lieu thereof, a certificate for any other pension to which 
 he would have been entitled had not the surrendered cer- 
 tificate been issued. But all payments previously made 
 for any period covered by the new certificate shall be 
 deducted from the amount allowed by such certificate. 2 
 
 1702. All pensioners whose names are now on the pen- Continuance 
 sion-roll or who are entitled to restoration to the roll under s 
 
 any act of Congress, shall be entitled to the continuance 
 of such pensions under the provisions and limitations of 
 this Title, and to such further increase of pension as is 
 herein provided. 
 
 1703. The provisions of law which allow the withholding Pensions not 
 of the compensation of any person who is in arrears shall ^M^MSS^'C. 
 not be construed to authorize the pension of any pensioner 77 sl c f km 1 ,' B.S. 
 of the United States to be withheld. 
 
 1704. That hereafter no pension shall be allowed or paid Pensions not 
 
 ,*{* -i AT. allowed to per- 
 
 to any officer, non-commissioned officer, or private in the sons m Army or 
 
 Army, Navy, or Marine Corps of the United States, either " 
 
 on the active or retired list. 3 Act of March 3, 1891 (26 Stat. 26> p ' 1082 * 
 
 ., 1082). 
 
 1705. No person in the Army, Navy, or Marine Corps Both pension 
 
 1 ,, -, i .1 T i -i ,1 n t ar) d pay not al- 
 
 shall draw both a pension as an invalid, and the pay of his lowed unless, etc. 
 rank or station in the service, unless the disability for 15^ v r ' 5' ^57 1 
 which the pension was granted be such as to occasion his ^2^*5,' p 8 44b?' 3 ' 
 employment in a lower grade, or in the civil branch of the SeCt * m B ' s - 
 service. 
 
 1706. That all persons who, under and by virtue of the soldiers in the 
 first section of the act entitled "An act supplementary to d piyS^?t O f 
 the several acts relating to pensions," approved March hew. lons Wlth " 
 third, eighteen hundred and sixty-five, were deprived of 20 Ma 2 J- 1879 >v. 
 their pensions during any portion of the time from the 
 
 third of March, eighteen hundred and sixty-five, to the 
 sixth of June, eighteen hundred and sixty-six, by reason 
 of their being in the civil service of the United States, 
 shall be paid their said pensions, withheld by virtue of 
 said section of the act aforesaid, for and during the said 
 
 > Title LVIL Revised Statutes. By the terms of section 4722 of the Revised 
 Statutes the provisions of this Title are made applicable to the officers and privates 
 of the Missouri State militia and the Missouri provisional militia in certain cases. 
 
 2 The act of March 1, 1893 (2>7 Stat. L., 524) contains the requirement that no 
 pension shall be paid to a non-resident who is not a citizen of the United States, 
 except for actual disabilities incurred in the service. This statute was repealed by 
 the act of March 2. 1895 (28 Stat. L., 703). 
 
 3 Section 2 of the act of August 29, 1890 (26 Stat L., 371), contained the requirement 
 that, "Hereafter no officer of the Army, Navy, or Marine Corps on the retired list 
 shall draw or receive any pension under any law." 
 
 1919 - 41 
 
642 THE MILITARY LAWS OF THE UNITED STATES. 
 
 period of time from the third of March, eighteen hundred 
 and sixty-five, to the sixth of June, eighteen hundred and 
 sixty-six. 1 Act of March 1, 1879 (20 Stat. L., 327). 
 Certain sol- 1707. No soldier or sailor shall be taken or held to be 
 
 diers and sailors / , / -n i 
 
 not to be deemed a deserter from the Army or Navy who faithfully served 
 
 e ju\y e i9, i867,c. according to his enlistment until the nineteenth day of 
 
 28 Sec*4749* 4 R. s. April, eighteen hundred and sixty-five, and who, without 
 
 proper authority or leave first obtained, quit his command 
 
 or refused to serve after tbat date; but nothing herein 
 
 contained shall operate as a remission of any forfeiture 
 
 incurred by any such soldier or sailor of his pension; but 
 
 this section shall be construed solely as a removal of any 
 
 disability such soldier or sailor may have incurred by the 
 
 loss of his citizenship in consequence of his desertion. 
 
 sir dollars a 1708. That from and after the passage of this Act. all 
 
 moiithmademin- , . .. 
 
 imumrate. pensioners now on the rolls, who are pensioned at less 
 
 Mar. 2, 1895, v. , ^. , ,, 
 
 28, p. 704. than six dollars per month, for any degree of pensionable 
 
 disability, shall have their pensions increased to six dollars 
 per month; and that hereafter, whenever any applicant 
 for pension would, under existing rates, be entitled to less 
 than six dollars for any single disability, or several com- 
 bined disabilities, such pensioner shall be rated at not less 
 
 o prior effect, than six dollars per month: Provided also, That the pro- 
 visions hereof shall not be held to cover any pensionable 
 period prior to the passage of this act, nor authorize a 
 re-rating of any claims for any part of such period, nor 
 prevent the allowance of lower rates than six dollars per 
 month, according to the existing practice in the Pension 
 Office in pending cases covering any pensionable period 
 prior to the passage of this Act. Act of March 2, 1895 (28 
 Stat. .. 704). 
 
 Disloyalty a 1709. No money on account of pension shall be paid to 
 
 bar to pension. 
 
 Sec. 4710, K.S. any person, or to the widow, children, or heirs of any 
 deceased person, who in any manner voluntarily engaged 
 in or aided or abetted the late rebellion against the author- 
 ity of the United States. 
 
 ing a JmSon8 bi to 1710 ' Tnat tn6 law 2 P ronioitin g tne payment of any 
 re e bemon ai modf monev on accoun ^ ^ pensions to any person, or to the 
 
 fi< Mar 3 187 v w ^ ow > children, or heirs of any deceased person, who, in 
 19, p. 403.' ' any manner, engaged in or aided or abetted the late rebel- 
 lion against the authority of the United States, shall not 
 be construed to apply to such persons as afterward volun- 
 tarily enlisted in the Army of the United States, and who, 
 
 1 The act of June 6, 1866 (14 Stat. L., 57), repealed the requirement of the act of 
 March 3, 1865, depriving certain persons employed in the civil service of the United 
 States of pensions to which they were otherwise entitled. 
 
 3 Section 4716, Revised Statutes, paragraph 1709, pott. 
 
THE MILITARY LAWS OF THE UNITED STATES. 643 
 
 while in such service, incurred disability from a wound or 
 injury received or disease contracted in the line of duty. 
 Act of March 3, 1877 (19 Mat. L., 403). 
 
 1711. That the law prohibiting the payment of any money Disloyalty, as 
 
 _ ., a bar, removed 
 
 on account of pension to any person, or to the widow, chil- in certain cases. 
 
 , . * , Mar. 3, 1877; 
 
 dren, or heirs or any deceased person, who in any manner Aug. i, 1392, v. 
 engaged in or aided or abetted the late rebellion against 27|P ' 340 ' 
 the authority of the United States, shall not be construed 
 to apply to such persons as afterwards voluntarily enlisted 
 in either the Navy or Army of the United States, and who, 
 while in such service, incurred disability from a wound or 
 injury received or disease contracted in the line of duty. 
 Acts of March 3, 1877, and August 1, 1892 (27 Stat. L., 340). 
 
 1712. If any guardian having the charge and custody of 
 
 the pension of his ward shall embezzle the same in viola- B g 
 
 tion of his trust, or fraudulently convert the same to his 
 
 own use, he shall be punished by fine not exceeding two 
 
 thousand dollars, or imprisonment at hard labor for a term 
 
 not exceeding five years, or both, at the discretion of the 
 
 court. 
 
 1713. That any pension heretofore or that may hereafter suspension of 
 
 J pension, notice, 
 
 be granted to any applicant therefor under any law of the etc., to pensioner. 
 
 United States authorizing the granting and payment ofi893,v.28 )P . c i8. ' 
 
 pensions, on application made and adjudicated upon, shall 
 
 be deemed and held by all officers of the United States to 
 
 be a vested right in the grantee to that extent that pay- , tensions to be 
 
 J deemed vested 
 
 ment thereof shall not be withheld or suspended until, rights. 
 after due notice to the grantee of not less than thirty days, 
 the Commissioner of Pensions, after hearing all the evi- 
 dence, shall decide to annul, vacate, modify, or set aside 
 the decision upon which such pension was granted. Such 
 notice to grantee must contain a full and true statement 
 of any charges or allegations upon which such decision 
 granting such pension shall be sought to be in any manner 
 disturbed or modified. 1 Act of December 21, 1893 (28 Stat. 
 
 'The act of May 21, 1872 (not incorporated in the Revised Statutes), contained a 
 provision imposing a penalty for the retention by an attorney, or claim agent, of the 
 discharge certificate or land' warrant of a discharged soldier,' sailor, or marine. 
 
CHAPTER XL. 
 
 THE SOLDIERS' HOME. 
 
 Par. Par. 
 
 1714. Board of Commissioners. 1729-1733. Funds for supportof the 
 
 1715,1716. Officers. Soldiers' Home. 
 
 1717, 1718. Duties of Commission- 1734-1736. Miscellaneous provi- 
 
 ers. sions. 
 
 1719. Inspection. 
 1720-1728. Admission and dis 
 
 charge of inmates. 
 
 BOARD OF COMMISSIONERS. 
 
 Board of com- 1714. That the Board of Commissioners of the Soldiers 7 
 
 missioners of the 
 
 solders 1 Home. Home shall hereafter consist of the General in Chief com- 
 25,s 2V.9,p.595,'manding the Army, the Surgeon General, the Commissary 
 s. 4. V.'u, p. 434'; General, the Adjutant General, the Quartermaster General, 
 1883, v. ?2, P ai 565'. the Judge Advocate General and the Governor of the Home, 
 *ec.48i5,R.s. and the Q.^^ in GMef shall be p res ident of the Board, 
 
 and any four of them shall constitute a quorum for the 
 transaction of business; whose duty it shall be to examine 
 and audit the accounts of the treasurer quarter-yearly, and 
 to visit and inspect the Soldiers 7 Home at least once in 
 every month. The majority shall also have power to estab- 
 lish, from time to time, regulations for the general and 
 internal direction of the institution, to be submitted to the 
 Secretary of War for approval; and may do any other acts 
 necessary for the government and interests of the same, as 
 authorized by this chapter. Sec. 10, act of March ?, 1883 
 (22 Stat. L., 565}. 
 
 OFFICERS. 
 
 officers. 1715. The officers of the Soldiers 7 Home shall consist ot 
 
 Mar. 3, 1851, c. 
 
 25, s. 3, v. 9, P . 595 a governor, a deputy governor, and a secretary, for each 
 ' separate site of the home, the latter to be also the treas- 
 urer ; and the officers shall be taken from the Army, and 
 appointed or removed, from time to time, as the interests of 
 the institution may require, by the Secretary of War, on 
 the recommendation of the board of commissioners. 
 Governor and 1716. That the Governor and all other officers of the 
 Home shall be selected by the President of the United 
 states States, and the Treasurer of the Home shall be required to 
 
 644 
 
 y 
 
 6 Uuited 
 
THE MILITARY LAWS OF THE UNITED STATES. 645 
 
 give a bond in the penal sum of twenty thousand dollars i ^ e b a 8 " < j er to 
 for the faithful performance of his duty. 1 Sec. 7, act #/ 18 fj c ; T^Mar^a, 
 March 5, 1883 (22 Mat. L., 564). 
 
 DUTIES OF COMMISSIONERS. 
 
 1717. The commissioners of the Soldiers' Home, by and. sites and buiid- 
 with the approval of the President, shall procure for imme- r sec. 8, ibid., P . 
 diate use, at a suitable place or places, a site or sites for s'ec.48i7,R.s. 
 the Soldiers' Home, and if the necessary buildings cannot 
 
 be procured with the sites, to have the same erected, hav- 
 ing due regard' to the health of the locations, facility of 
 access, and economy, and giving preference to such places 
 as, with the most convenience and least cost, will accom- 
 modate the persons entitled to the benefits of the Soldiers' 
 Home. 1 
 
 1718. That the board of commissioners of the Soldiers'p^;^ 1 ^* 
 Home shall every year report in writing to the Secretary ^1^ ton 0n jj' 
 of War, giving a full statement of all receipts and disburse- c -- etc - 
 
 Board of com- 
 
 ments of monev, of the manner in which the funds are mi88ioner s to 
 
 . make annual re- 
 
 in vested of any changes in the investments and the reasons port, etc. 
 
 , Mar. 3. 1883, v. 
 
 therefor, of all admissions and discharges, and generally of 22, P . 565. 
 
 all facts that may be necessary to a full understanding of 
 
 the condition and management of the Home. The Secre- 
 
 tary of War shall have power to call for and require any 
 
 omitted facts which in his judgment should be stated to be 
 
 added. This annual report shall be, by the Secretary of war C t transmit 
 
 War, together with the report of the inspecting officer report, etc., to 
 
 hereinafter provided for, transmitted to Congress at the 
 
 first session thereafter, and he shall also cause the same to 
 
 be published in orders to the Armj, a copy thereof to be 
 
 deposited in each garrison and post library. Act of March 
 
 3, 1883 (22 Stat. L., 565). 
 
 INSPECTION. 
 
 1719. That the Inspector General of the Army shall, 
 person, once in each year thoroughly inspect the Home, i 
 
 records, accounts, management, discipline, and sanitary Sec - 2, Mar. 3 
 condition, and shall report thereon in writing, together with 
 such suggestion s as he desires to make. Sec. 2, act of March 
 5, 1883 (22 Stat. L., 564). 
 
 l Held that a medical officer of the Army occupying quarters at the Soldiers' 
 Home was not thereby precluded from receiving commutation of quarters at New 
 York on being ordered to duty there as a member ot a medical examining board. 
 The quarters occupied by him at the Home are not "public quarters" in the sense 
 of paragraph 1480, Army Regulations; he does not occupy them at the expense of 
 the United States; and by allowing him the commutation the Government is not put 
 to a double expense for his quarters. (Dig. J. A. Gen., 706, par, 7.) 
 
646 THE MILITARY LAWS OF THE UNITED STATES. 
 
 ADMISSION AND DISCHARGE OF INMATES. 
 
 may be- 1720. All soldiers of the Army of the United States, and 
 th e sTS TJV s ' all soldiers who have been, or may hereafter be, of the 
 
 Mar! s, i85i, c. Army of the United States, and who have contributed, or 
 595 ; 8 Mar?3, IBS?, may hereafter contribute, according to section forty-eight 
 
 '' 88 ' T ' hundred and nineteen, to the support of the Soldiers' Home 
 
 Sec<48I4 ' B * 8 ' hereby created, and the invalid and disabled soldiers, 
 whether regulars or volunteers, of the war of eighteen hun- 
 dred and twelve, and of all subsequent wars, shall under 
 the restrictions and provisions which follow, be members 
 of the Soldiers' Home, with all the rights annexed thereto. 
 1721< The following persons, members of the Soldiers' 
 S 1 " Home, according to section forty-eight hundred and four- 
 25 Mar.3,^85i,c. teen, shall be entitled to the rights and benefits herein 
 596^ M*r.i IUBW, conferred, and no others : 
 
 434.' ' First. Every soldier of the Army of the United States 
 
 ' who has served, or may serve, honestly and faithfully 
 twenty years in the same. 
 
 Second. Every soldier and every discharged soldier, 
 whether regular or volunteer, who has suffered, or may 
 suffer, by reason of disease or wounds incurred in the 
 service and in the line of his duty, rendering him incapa- 
 ble of further military service, if such disability was not 
 occasioned by his own misconduct. 
 
 Third. The invalid and disabled soldiers, whether regu- 
 lars or volunteers, of the war of eighteen hundred and 
 twelve, and of all subsequent wars. 1 
 
 Rights of pen- 1722. The fact that one to whom a pension has been 
 render of pen- granted for wounds or disability received in the military 
 81 Mar. 3, i85i, c. service has not contributed to the funds of the Soldiers' 
 596 ^MarTs, 1859,' Home shall not preclude him from admission thereto. But 
 c^83, s. e, v. 11, p. a |j gucn pensioners shall surrender their pensions to the 
 8ws * * 820 ' R * s * Soldiers' Home during the time they remain therein and 
 
 voluntarily receive its benefits. 2 
 are ex " 1723f Tne benefits of tne Soldiers' Home shall not be 
 
 Mar. '3, i85i, c. extended to any soldier in the regular or volunteer service, 
 fiL 9 !.' convicted of felony or other disgraceful or infamous crimes 
 of a civil nature, after his admission into the service of the 
 United States; nor shall any one who has been a deserter, 
 mutineer, or habitual drunkard be received, without such 
 
 1 Held that under section 4821, Revised Statutes, invalid and disabled soldiers of the 
 war of the rebellion and of Indian wars were entitled to the benefits of the Soldiers' 
 Home, although the disability may not have grown out of their military service, 
 provided it be not the result of their own misconduct as indicated in section 4822, 
 Ravised Statutes. (Dig. J. A. Gen., 705, par. 1.) 
 
 2 Section 4820, Revised Statutes, admits of no other reasonable construction than 
 that only invalid pensioners who had not contributed to the funds of the Soldiers' 
 Home were bound to surrender to it their pensions while receiving its benefits. 
 (U. S. v. Bowen, 100 U. S., 508; but see paragraph 1720, post.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 647 
 
 evidence of subsequent service, good conduct, and reforma- 
 tion of character, as is satisfactory to the commissioners. 
 
 1724. Any soldier admitted into the Soldiers' Home for Discharge. 
 
 ,.,,., , ~ j. Sec. 5, ib%d. 
 
 disability who recovers his health, so as to become nt sec. 4823, B. s. 
 again for military service, if under fifty years of age, shall 
 be discharged. 1 
 
 1725. That the board of commissioners are authorized to et ^ id b *?P e u r t 8 ^ 
 aid persons who are entitled to admission to the Home, re ^- 6 Mar 3 
 by out-door relief, in such manner and to such an extent as i8 8 3, v. 22, p. 565.' 
 they may deem proper; but such relief shall not exceed 
 
 the average cost of maintaining an inmate of the Home. 
 Sec. 6, act of March 5, 1883 (22 Stat. L., 565}. 
 
 1726. That any inmate of the Home who is receiving a P n81 '" in - 
 
 _ mates ot Home 
 
 pension from the government, and who has a child, wife? can allot portion 
 
 of pension, etc. 
 
 or parent living, shall be entitled, by filing with the pension 
 
 agent from whom he receives his money a written direction 
 
 to that effect, to have his pension, or any part of it, paid 
 
 to such child, wife, or parent. The pensions of all *fci a JP iJJ* la ^f||*5^ 
 
 now are or shall hereafter become inmates of the Home, tr |g' c ur 4 er ^ Iar 3 
 
 except such as shall be assigned as aforesaid, shall be paid isss, v. 22, P . 564.' 
 
 to the treasurer of the Home. The money thus derived 
 
 shall not become a part of the funds of the Home, but 
 
 shall be held by the treasurer in trust for the pensioner to 
 
 whom it would otherwise have been paid, and such part of Pension paid 
 
 it as shall not sooner have been paid to him shall be paid charge oT pen- 
 
 to him on his discharge from the institution. The board 
 
 of commissioners may from time to time pay over to any 
 inmate such part of his pension-money as they think best 
 for his interest and consistent with the discipline and good 
 order of the Home, but such pensioner shall not be entitled 
 to demand or have the same so long as he remains an inmate 
 of the Home. In case of the death of any pensioner, any Death of pen- 
 
 , , . . . -iii/., sioner; money 
 
 pension money due him remaining in the hands of the due, etc.. paid to 
 treasurer shall be paid to his legal heirs, if demand is made e * 
 within three years; otherwise the same shall escheat to the 
 Home. Sec. 4, act of March 3, 1883 (22 Stat. L., 564). 
 
 1727. That a suitable uniform shall be furnished to every fn ^ i [^ ( *. b i e 
 inmate of the Home, without cost to him. Sec. 5, act o/^ 68 free of 
 March 3, 1883 (22 Stat. L., 565). e '' 
 
 'An inmate is not required to remain at the Home if he wishes to leave it. The 
 privileges of the institution may be renounced by any act showing an intention to 
 renounce them such as direct notice of such intention, or by an absenting with 
 the evident purpose of not returning. In February, 1864, a certain inmate was 
 transferred from the Home to the Government Insane Hospital, and was discharged 
 thence as sane in June, 1864. He did not return to the Home and was not again 
 heard of till March, 1886, when it was ascertained that he was at the State Insane 
 Hospital of Pennsylvania. As he was sane when he left the Government Hospital 
 and did not return to the Horn < within a reasonable time, but remained absent 
 nearly twenty-two years, held that he must be deemed, in the absence of contrary 
 evidence, to have intended to permanently separate himself from the institution, 
 and that he therefore was not now an inmate or member of the same. (Dig., J. A. Gen., 
 505, par. 4.) 
 
648 THE MILITARY LAWS OF THE UNITED STATES, 
 
 inmates sub- 1728. All persons admitted into the Soldiers' Home shall 
 
 ject to Articles of . 
 
 War ' 3 1859 o be sub J ect to tlie Kules and Articles of War in the same 
 83, s. a 7,V.ii, p.434'. manner as soldiers in the Army. 1 
 
 Sec. 4824, R.S. 
 
 FUNDS FOR SUPPORT OF THE SOLDIERS' HOME. 
 
 Funds for Soi- 1729. For the support of the Soldiers' Home the following 
 
 diers' Home. -.1*11 
 
 Mar. a, 1851, c. funds are set apart, and are hereby appropriated: All 
 July ' 1862, c! stoppages or fines adjudged against soldiers by sentence of 
 SOB. Rt >v ' P courts-martial, over and above any amount that maybe 
 sec. 4818, R.S. due for the re .j m k ursemeil t o f Government, or of individ- 
 uals j all forfeitures on account of desertion ; and all moneys 
 belonging to the estates of deceased soldiers, which are or 
 may be unclaimed for the period of three years subsequent 
 to the death of such soldiers, to be repaid by the commis- 
 sioners of the institution, upon the demand of the heirs or 
 legal representatives of the deceased. 2 
 
 Deduction from 1739. There shall be deducted from the pay of every non- 
 Mar. 3, i85i, c. commissioned officer, musician, artificer, and private of the 
 
 25, s.7, v. 9, p. 596; 
 
 Mar. 3, 1859, c. 83, 
 
 8. 7, v. 11, p. 434. i Section 4824, Revised Statutes, subjecting the inmates of the Soldiers' Home to 
 Sec. 4819, R.S. the Rules and Articles of War, is unconstitutional and a dead letter. These inmates 
 are no part of the Army, nor are they supported by the United States. They are 
 civilians occupying dwellings and sustained by funds held in trust for them. The 
 territory of the Home being within the District of Columbia, and not having been 
 exempted by Congress from the operation of the criminal laws of the District, the 
 inmates are subject to those laws like any other residents. [Compare opinion of 
 Attorney- General in 20 Opins., 514.] (Dig. J. A. Gen., p. 705, par 2.) 
 
 The inmates of the Soldiers' Home wear the uniform of soldiers of the Army. 
 They are therefore within the operation of section 1181 of the Revised Statutes 
 relating to the District of Columbia, which makes penal the selling of liquor to 
 persons wearing the uniform of soldiers. (Ibid., p. 705, par. 3.) 
 
 2 The funds for the support of the Soldiers' Home are not of the class of public 
 moneys annually appropriated for a specific object, as for the pay of the Army, but 
 a special trust fund committed to and administered by the Hoard of Commissioners 
 for the benefit of the institution. From an early period in the history of the Home 
 it has been the usage for the commissioners to permit the officers of the Home 
 (retired officers of the Army residing at the Home) gratuitously to receive and use 
 a reasonable portion of the ordinary supplies of fuel, light, forage, milk, ice, and 
 vegetables, either produced at the Home or obtained for its consumption. Held that 
 such allowance was not in contravention of law; that the articles thus issued are 
 not of the class of military pay and emoluments, and therefore unauthorized because 
 not allowed by law to retired officers, but are a reasonable share of the supplies for 
 the use and benefit of the Home, the disposition of which is properly within the dis- 
 cretion of the commissioners as trustees of the funds of the Home and as charged 
 by law with the "government and interests of the same." And similarly held in 
 regard to the amount of $1,000, allowed annually out of such funds to the treasurer 
 of the Home, as a compensation for his special services and in consideration of his 
 pecuniary responsibility as a bonded officer. [See concurring opinion of Attorney- 
 General, in 20 Opins., 350.] (Ibid., p. 706, par. 6.) 
 
 Section 4818, Revised Statutes, appropriates as one of the funds for the support of 
 the Soldiers' Home "all forfeitures on account of desertion." Held that this appro- 
 priation included the retained pay of soldiers, as forfeited by desertion under the 
 
 pay 
 
 provisions of sections 1281 and 1282, Revised Statutes, and of the act of June 16, 
 1890, chapter 426, section 1. The retained pay is merely a fraction of the monthly 
 pay of the soldier, earned with the rest of his monthly pay, as a part of the entire 
 consideration for service rendered, but of which the payment the right to receive 
 is deferred. The theory that it is not to be regarded as earned till the soldier's serv- 
 ice is concluded and he receives an honorable dis 
 
 discharge, is rebutted by the statu- 
 tory provisions above cited, and especially by the provision of the act of 1890, which 
 treats the retained pay as pay constantly accruing and as a continuing deposit for 
 the use of the soldier, drawing interest from the end of each year in which it accrues. 
 The ruling of the Supreme Court in United States v. Landers (92 U.S. ,77) is not 
 opposed to this view, but, as construed by the same court in United States v. Kings- 
 ley (138 U. S., 87), shows that the "forfeiture" referred to in sections 1281 and 1282, 
 Revised Statutes, was regarded by the court as meaning a loss of an acquired right. 
 And the act of 1890, passed since this ruling, has confirmed this interpretation. 
 Thus a soldier, in deserting, forfeits, with the main portion of his pay, the portion 
 which has been retained, his right to this lesser portion being as much acquired and 
 perfected as his right to the greater portion. Both forfeitures rest upon the same 
 basis, and the aggregate forfeiture of both is appropriated by the statute to the 
 support of the Soldiers' Home. (Ibid., 706, par. 8.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 649 
 
 Army of the United States the sum of twelve and a half 
 cents per month, which sum so deducted shall, by the Pay 
 Department of the Army, be passed to the credit of the 
 commissioners of the Soldiers' Home. The commissioners 
 are also authorized to receive all donations of money or 
 property made by any person for the benefit of the institu- 
 tion, and hold the same for its sole and exclusive use. But 
 the deduction of twelve and a half cents per month from 
 the pay of non-commissioned officers, musicians, artificers, 
 and privates of regiments of volunteers, or other corps or 
 regiments raised for a limited period, or for a temporary 
 purpose or purposes, shall only be made with their con- 
 sent. 
 
 1731. That all funds of the Home not needed for current +1 ru d8 ' etc -><>f 
 
 the Home to be 
 
 use, and which are not now invested in United States regis- deposited in the 
 
 Treasury United 
 
 tered bonds, shall, as soon as received, or as soon as present states as a per- 
 
 , manent fund. 
 
 investments can be converted into money without loss, be sec. s, Mar. s, 
 
 1883 v 22 T> ^6^ 
 
 deposited in the Treasury of the United States to the credit 
 
 of the Home, as a permanent fund, and shall draw interest interest. 
 
 at the rate of three per centum per annum, which shall be 
 
 paid quarterly to the treasurer of the Home; and the pro- 
 
 ceeds of such registered bonds, as they are paid, shall be 
 
 deposited in like manner. No part of the principal sum so Principal sum 
 
 deposited shall be withdrawn for use except upon a resolu by 
 
 tion of the board of commissioners stating the necessity board ' etc ' 
 and approved by the Secretary of War. Sec. 5, act of March 
 3, 1883 (22 Stat. L., 565}. 
 
 1732. That no officers of the Home shall borrow any Borrowing 
 
 ,, -,.. f, ,-, rr ,, money on credit 
 
 money on the credit of the Home for any purpose, nor of Home prohib- 
 
 shall any pledge of any of its property or securities for any lte sec. 9, Mar. 3, 
 purpose be valid. Sec. 9, act of March 5, 1883 (22 Stat. L., 1883 ' V - 22 'P- 565 - 
 565). 
 
 1733. That the Treasurer of the United States be, and he v*ite& states 
 
 Treasurer to be 
 
 is hereby, authorized and directed to receive and keep on custodian of 
 
 deposit, subject to the checks or drafts of the treasurer of u jan! i,iW,v, 
 
 the Soldier's Home in the District of Columbia, all funds 
 
 which may now be under the control of the said Treasurer 
 
 of the Soldier's Home, or may hereafter be furnished him 
 
 or in any manner come into his possession for use in defray- 
 
 ing the current expenses of maintaining the said Soldiers 7 
 
 Home, and, upon the request of said treasurer of the Sol- 
 
 diers' Home, there shall be transferred, from funds to his Transfer of 
 
 credit with the United States Treasurer, and placed to ant t 8 rea sur 
 
 his credit with the assistant treasurer of the United States N< 
 
 in New York City, New York, such sums as he may require 
 
 monthly or quarterly for payments on account of u out-door 
 
650 THE MILITARY LAWS OF THE UNITED STATES. 
 
 relief" to members of the said Soldiers' Home residing at a 
 distance therefrom. 1 Act of January 16, 1891 (26 Stat. L., 
 718). 
 
 MISCELLANEOUS PROVISIONS. 
 
 Expenditures 1734. That no new buildings shall be erected or new 
 
 iton' approval grounds purchased, nor shall any expenditure of more than 
 
 iea, how five thousand dollars be made, until the action of the board 
 pu s r ec a 3 86 Mar. 3, thereon shall be approved by the Secretary of War. All 
 1883, v. 22, P . 565. gu ppy e8 that can be purchased upon contract shall be so 
 purchased, after due notice by advertisement, of the low- 
 est responsible bidder. Such bidder shall give bond, with 
 proper security, for the performance of his contract. Sec. 
 3, act of March 3, 1883 (22 Stat. L., 56.5). 
 Liquor licenses 1735. That on and after the passage of this act no license 
 
 prohibited with- / j i- T i -.1 
 
 m i mile of Soi- for the sale of intoxicating liquor at any place within one 
 ' mile of the Soldiers' Home property in the District of Co- 
 > v ' lumbia shall be granted. Act of February 23, 1891 (26 Stat. 
 
 L., 797). 
 Appropriation 1736. That the sum of ten thousand dollars is hereby 
 
 for clerical labor 
 
 in adjusting ac- appropriated out of any money in the Treasury not other- 
 sec.i2,Mar. 3, wise appropriated to be expended by the Secretary of the 
 Treasury in the employment of additional clerical force to 
 be used in adjusting the accounts in the Treasury Depart- 
 ment of those funds which under the law belong to the 
 Soldiers' Home. 2 Sec. 12, act of March 3, 1883 (22 Stat. L., 
 566). 
 
 1 Contracts for the Home should be entered into, not by the "Soldiers' Home," 
 which is not an incorporated institution, but by the Board of Commissioners, who, 
 as trustees for the Home, may make contracts which will bind the United States. 
 (Dig. J. A. Gen., 706, par. 5.) 
 
 2 Section 11 of the act of March 3, 1883 (22 Stat. L., p. 565), contains the provision 
 " that all laws and parts of laws relating to the Soldiers' Home now in force and not 
 inconsistent with this act are continued in force, and such as are inconsistent here- 
 with are to that extent repealed." 
 
CHAPTER 
 
 THE NATIONAL HOME FOR DISABLED VOLUN- 
 TEER SOLDIERS. 
 
 Par. 
 
 1737-1742. Board of Managers. 
 
 1743-1745. Estimates and appro- 
 priations. 
 
 1746-1754. Expenditures and ac- 
 counts. 
 
 1755. Inspections. 
 
 1756-1760. Officers. 
 
 1761. Establishment of Branch 
 Homes. 
 
 Par. 
 
 1762. Admissions. 
 1763-1765. State and Territorial 
 
 homes. 
 
 1766, 1767. Pensions to inmates. 
 1768. Outdoor relief. 
 1769-1774. Miscellaneous provi- 
 sions. 
 
 BOARD OF MANAGERS. 
 
 1737. The President. Secretary of War. Chief Justice, organization 
 
 f 'of the National 
 
 and such other persons as have been or from time to time Home for Dis- 
 may be associated with them, shall constitute a board of soldiers. u 
 managers of an establishment for the care and relief of 21, s!T,'v.i4! 8 p 6 io| 
 the disabled volunteers of the United States Army, to be 
 known by the name and style of u The National Home for 
 Disabled Volunteer Soldiers," and have perpetual succes- 
 sion, with powers to take, hold, and convey real and j>er- 
 sonal property, establish a common seal, and to sue and 
 be sued in courts of law and equity; and to make by-laws, 
 rules, and regulations, not inconsistent with law, for carry- 
 ing on the business and government of the home, and to 
 affix penalties thereto. 
 
 1738. Eleven managers of the National Home for Dis- Election of cit- 
 abled Volunteers shall be elected from time to time, as 1Z Mar. SffSS'c. 
 
 sec. 4825, B.S. 
 
 vacancies occur, by joint resolution of Congress. 
 
 shall all be citizens of the United States, and all residents S. liV 
 
 of States which furnished organized bodies of soldiers to v sec. P i826,R.s. 
 
 aid in suppressing the rebellion commenced in eighteen 
 
 hundred and sixty one; and no two of them shall be resi- 
 
 dents of the same State, and no person who gave aid or 
 
 countenance to the rebellion shall ever be eligible. The 
 
 651 
 
652 THE MILITARY LAWS OP THE UNITED STATES. 
 
 term of office of these managers shall be for six years, and 
 until a successor is elected. 1 
 
 1739 Tbe twelve [fourteen | managers of the National 
 Home for Disabled Volunteer Soldiers shall elect from their 
 
 . -, o, . 
 
 ?'*i\i!* > 2 s 'OWH number a president, who shall be the chief executive 
 
 t) All. Jo 10/0,0. Dlj 
 
 s. i. v. rrj>. in. officer of the board, two vice-presidents, and a secretary. 
 
 "Seven of the board, of whom the president or one of the 
 
 vice-presidents shall be one, shall form a quorum for the 
 
 transaction of business at any meeting of the board. 1 
 
 Expenses of 174Q. That hereafter no member of the Board of Mana- 
 
 Board ot Mana- 
 gers, gers of the National Home for Disabled Volunteer Soldiers 
 
 Aug. 18, 1894, & 
 
 v. 28, p. 412. shall receive any compensation or pay for any services or 
 
 Sec. 4828, U. S. 
 
 duties connected with the Home; but the traveling and 
 other actual expenses of a member, incurred while upon 
 the business of the Home, may be reimbursable to such 
 member: Provided, That the president and secretary of 
 the Board of Managers may receive a reasonable compen- 
 sation for their services as such officers, not exceeding four 
 thousand dollars and two thousand dollars, respectively, 
 per annum. Act of August 18, 1894 (28 Stat. L., 412}. 
 o?Manaera 0ard 1^41. The board of managers shall make an annual re- 
 Mar 21,1866, c. port of the condition of the National Home for Disabled 
 
 21, s. 8,v. 14, p. 11 ; L 
 
 Jan. 23. 1873,0.51, Volunteer Soldiers to Congress on the first Monday of 
 
 sec. 4834, R. s. every January; and the board shall examine and audit 
 
 the accounts of the treasurer and visit the home quarterly. 
 
 sh^w'TaiaTies ^42. That hereafter the statement of expenses of the 
 
 et iu s 1892 v Board of Managers of the National Home for Disabled Vol- 
 
 27,p U 384.' v ' unteer Soldiers shall each year be submitted in the annual 
 
 book of estimates and shall be made to show the amount of 
 
 salary or compensation paid to each of the officers and 
 
 employees of said Board, and there shall also be submitted 
 
 therewith a statement showing the number of officers 
 
 appointed at each of the Branch Homes under Section 
 
 four thousand eight hundred and twenty-nine of the Revised 
 
 Statutes, the amount of salary or compensation paid to each, 
 
 and the amount of allowance to each, if any, for contingent 
 
 or other expenses. 2 Act of August 5, 1892 (27 Stat. L., 384). 
 
 ESTIMATES AND APPROPRIATIONS. 
 
 National Home 1743. That so much of the act entitled "An act to incor 
 unteers. " porate a National Military and Naval Asylum for the relief 
 of totally disabled officers and men of the volunteer forces 
 
 1865, c. 91, s. 5, of the United States," approved March third, eighteen hun- 
 peaiecHnpart dred and sixty-five, and of all acts amendatory thereof, as 
 18^359.' 18?5 ' v ' provides "that for the establishment and support of said 
 
 1 The number of managers to be elected by joint resolution of Congress was fixed 
 at ten by section 3 of the act of March 3, 1887, and at eleven by joint resolution No. 
 21 of MTarch 3, 1891 (24 Stat. L., 444; 26 Stat. L., 1117). 
 
 2 See, also, paragraph 1752, post. 
 
THE MILITARY LAWS OF THE UNITED STATES. 653 
 
 asylum there shall be appropriated all stoppages or fines 
 adjudged against officers and soldiers by sentence of court- 
 martial or military commission, over and above the amounts 
 necessary for the re-imbursement of the Government or of 
 individuals ; all forfeitures on account of desertion from 
 the service; and all moneys due deceased officers and sol- 
 diers which now are or may be unclaimed for three years 
 after the death of such officers and soldiers," be, and the 
 same is hereby, repealed, to take effect on and after the 
 first day of April, eighteen hundred and seventy-five. And 
 from and after April first, eighteen hundred and seventy- 
 five, no clerk shall be employed or paid in any Department 
 of the Government for services rendered under any provi- 
 sion of said act of March third, eighteen hundred and 
 sixty-five, or the acts amendatory thereof. And from and 
 after the first day of April, eighteen hundred and seventy- 
 five, no money shall be appropriated or drawn for the sup- 
 port and maintenance of what is now designated by law 
 as the u National Home for Disabled Volunteer Soldiers," 
 except by direct and specific annual appropriations by 
 law. 1 Act of March 5, 1875 (18 Stat. L., 359). 
 
 1744. And it shall be the duty of the managers of said H ^PP rt of 
 home, on or before the first day of August in each year, to 
 furnish, to the Secretary of War, estimates, in detail, for 
 the support of said home for the fiscal year commencing on 
 the first day of July thereafter; and the Secretary of War 
 shall annually include such estimates in his estimates for Estimates, 
 his Department. And no moneys shall, after the first day Money; how 
 of April, eighteen hundred and seventy-five, be drawn from r Mar.' 3, ISTS, 
 the Treasury for the use of said home, except in pursuance v ' 
 of quarterly estimates, and upon quarterly requisitions by 
 the managers thereof upon the Secretary of War, based 
 upon such quarterly estimates, for the support of said home 
 for not more than three months next succeeding such requi- 
 sition. And no money shall be drawn or paid upon any 
 such requisition while any balance heretofore drawn or 
 received by said home, or for its use, from the Treasury, 
 under the laws now or heretofore existing, and now held 
 under investment or otherwise, shall remain unexpended. 
 And the managers of said home shall, at the cominence- 
 
 J This statute repealed and replaced section 4831, which provided that "for the 
 establishment and support of the National Home for Disabled Volunteer Soldiera 
 there shall be appropriated all stoppages or fines adjudged against such officers and 
 soldiers by sentence of court-martial or military commission, over and above the 
 amounts necessary for the reimbursement of the Government or of individuals; all 
 forfeitures on account of desertion from such service; and all moneys due such 
 deceased officers and soldiers, which now are or may be unclaimed for three years 
 after the death of such officers and soldiers, to be repaid upon the demand of the 
 heirs or legal representatives of such deceased officers or soldiers. The Board of 
 Managers are also authorized to receive all donations of money or property made by 
 any person or persons for the benefit of the home, and to hold or dispose of the 
 aame for its sole and exclusive use." 
 
654 THE MILITARY LAWS OF THE UNITED STATES. 
 
 ment of each quarter of the year, render to the Secretary 
 of War an account of all their receipts and expenditures for 
 the quarter immediately preceding, with the vouchers 
 for such expenditures; and all such accounts and vouchers 
 
 Receipts and shall be authenticated by the officers of said home there- 
 expenditures to . 
 
 be audited, etc. unto duly appointed by said managers, and audited, and 
 
 allowed, as required by law for the general appropriations 
 
 and expenditures of the War Department. Act of March 
 
 3, 1875 (18 Stat. L., 359}. 
 
 incidental ex- 1745. And hereafter the estimates for the support of the 
 Aug.' 4, 1886, Home for Disabled Volunteer Soldiers shall be submitted 
 
 by items. 1 Act of August 4, 1886 (21 Stat. L., 251). 
 
 EXPENDITURES AND ACCOUNTS. 
 
 Ma? e 3 d i887 e v 1746t But a11 of the expenditures ofthe said Home, includ- 
 
 24, p. 539. ^g the expenses of the Board of Managers, shall be made 
 
 subject to the general laws governing the disbursement of 
 public moneys, so far as the same can be made applicable 
 thereto, and shall be audited by the proper accounting offi- 
 cers of the Treasury, under such rules and regulations as 
 may be prescribed by the Secretary of the Treasury. 2 Act 
 of March 3, 1887 (24 Stat. L., 539). 
 of ac - 1747. That the accounts relating to the expenditure of 
 
 26 Ma 984 1891) v ' sa ^ sums ? as a * so a ^ rece ipts by said Home from whatever 
 source, shall, in addition to the supervision now provided 
 for, be reported to and supervised by the Secretary of War. 3 
 Act of March 3, 1891 (26 Stat. L., 981). 
 
 1 See also the act of March 3, 1879 (20 Stat. L., 390). 
 
 2 The act of June 20, 1878 (20 Stat. L., 223), contained the requirement "that all 
 purchases of supplies exceeding the sum of one thousand dollars at any one time 
 wliall be made upon public tender after due advertisement." 
 
 Sections of the actof July 9, 1886 (24 Stat. L., 129), contained aprovision that "it 
 shall be the duty of the Secretary of the Treasury to require from the president 
 and cashier of all banks used as depositories by the treasurer of the Home a deposit 
 of bonds sufficient in amount to fully secure all moneys pertaining to said Home left 
 on deposit with any such bank." 
 
 3 The act of March 3, 1891, chapter 542, provides that "the accounts relating to the 
 expenditure of such sums " (appropriated for the support of the Volunteer Home), "as 
 also all receipts by said Home from whatever source, shall, in addition to the super- 
 vision now provided for, be reported to and supervised by the Secretary of A\ 7 ar." 
 Held (December, 1891) that this provision called for an examination of the accounts 
 by the Secretary with a view to the correction of errors or unauthorized uses of the 
 funds, and a formal approval in case none such were discovered; alspthat by the term 
 "receipts" were included receipts not only from outside but from interior sources 
 as from the sale of flowers and provisions 'so long as such continued to accrue. (Dig. 
 J. A. Gen. ,743, par. 1.) 
 
 By t he more recent act of March 3, 1893, (a) it is provided that ' ' the Secretary of War 
 shall hereafter exercise the same supervision over all receipts and disbursements on 
 account of the Volunteer Soldiers' Homes as he is required by law to apply to the 
 accounts of disbursing officers of the Army." J2eM(April, 1893) thatthe supervision 
 here i ndicated should be analogous to that prescribed by the act of .A pril 20, 1874, chap- 
 ter 117, entitled "An act to provide for the inspection ofthe disbursements of appro- 
 priations made by officers of the Army," and should be regulated by the provisions 
 of Titles LVIII and LXXII of the Army Regulations so far as applicable. (Ibid, 
 
 Held later (December, 1893) that certain projected legislation proposing to vest in 
 the Secretary of War a general supervision that is to say, superintendence, direc- 
 tion, and control of all the affair* of the National Volunteer Homes would be in 
 direct conflict with the existing provision of section 4825. Revised Statutes, fixing 
 and defining the corporate powers of "The National Home for Disabled Volunteer 
 Soldiers;" and that if such legislation be adopted it should properly provide for a 
 repeal of so much of this section as gives the corporation control of its affairs. It 
 may, indeed, well be questioned whether the recent provision of March 3, 1893, chap. 
 
 a Par. 584, ante. 
 
THE MILITARY LAWS OF THE UNITED STATES 655 
 
 1748. That all purchases of supplies exceeding the sum 8u Pu ^ a8e of 
 of one thousand dollars at anyone time shall be made Mar. 3, 1379, v. 
 upon public tender after due advertisement, and that the ni 1896, V. 29" p 6 
 expenditure for new buildings shall be expressly author- Newbuiidings. 
 ized in writing. Act of March 3, 1879 (20 Stat. L., 390). 168 ' etc ' 
 That hereafter, upon proper application therefor, the Med- 
 ical Department of the Army is authorized to sell medical 
 
 and hospital supplies, at its contract prices, to the National 
 Home for Disabled Volunteer Soldiers. Act of June 11, 
 1896 (29 Stat. L., 445). 
 
 1749. That all sums received from sales of subsistence Receipts from 
 stores or other property of the National Home for Disabled Aug. is, i894,v. 
 Volunteer Soldiers shall be taken up by the disbursing 
 
 officer under the proper current appropriation and be 
 available for disbursement on account of that appropria- 
 tion. Act of August 18, 1894 (28 Stat. L., 412). 
 
 1750. That all amounts disbursed from the appropriation Accounts. 
 of a Branch Home shall be disbursed and accounted for 28, P u fii. ' 
 monthly to the general treasurer by the treasurer of that 
 Branch, except such expenditures for services, stationery, 
 tableware, clothing and bedding" as may be required by the 
 Board of Managers to be legally made by the general treas- 
 urer, and all such stationery, tableware, clothing and bed- % 
 ding as may be required for each Branch Home shall be 
 shipped directly from the place of purchase or manufacture 
 
 to such Branch Home ; and all disbursements shall be made Disburse- 
 in conformity with Sections thirty-six hundred and seventy- 
 eight and thirty-six hundred and seventy-nine, Ee vised 
 Statutes: 1 Provided further, That the balance of the post- use of post- 
 humous fund, including the amount invested in bonds per- 
 taining to that fund, that may be in the hands of the 
 treasurer of any Branch of the Home on July first, eighteen 
 hundred and ninety-four, shall be transferred to the ap- 
 propriation for "current expenses, eighteen hundred and 
 ninety- five," of that Branch Home, and thereafter all re- Receipts from 
 ceipts on account of the effects of deceased members shall ber a to d be 'cmi- 
 be credited to the appropriation for "current expenses" of 1 
 
 the fiscal year during which such amounts were received, 
 and all repayments of such amounts shall be made from 
 and charged to the like appropriation for the fiscal year in 
 which such repayments shall be made. Act of August 18, 
 1894 (28 Stat. L., 411). 
 
 ter 210, giving the Secretary of War ' ' supervision over all receipts and disbursements 
 on account of the Volunteer Soldiers' Homes," does not vest him with an authority 
 greater than is consistent with the said corporate powers. (Ibid., par. 3.) 
 
 1 Under this provision the expenses of inspecting goods purchased for the Home 
 are properly chargeable as an incident of the cost of such goods, and payable out of 
 the appropriation lor their purchase, in the absence of a specific appropriation for 
 inspection. (2 Compt, Dec., 522.) 
 
656 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Balances of ap- 1751. And hereafter the provisions of section thirty-six 
 
 propriations, dis- 
 
 posal of. hundred and ninety and thirty-six hundred and ninety-one 
 
 25, p. 543. of the Eevised Statutes of the United States shall apply 
 
 to all appropriations made for the maintenance of the 
 
 National Home for Disabled Volunteer Soldiers. Act of 
 
 October 2, 1888 (25 Stat. L., 543): 
 
 Detailed state 1752. Hereafter the detailed statement of the expenses 
 mitted. of the Board of Managers of the National Home for Disa- 
 
 24, p?539.' v ' bled Volunteer Soldiers shall be reported direct to Congress 
 
 in the annual report of the Board of Managers. 1 Act of 
 March 3, 1887 (24 Stat. L., 539). 
 Estimates. 1753. That it shall be the duty of the managers of said 
 
 Of*t 2 1 ftftfi v 
 
 25, p. 543. Home, on or before the first day of October in each year, 
 
 to furnish to the Secretary of War estimates, in detail, for 
 the support of said Home for the fiscal year commencing 
 on the first day of July thereafter, and the Secretary of 
 War shall annually include such estimates in his estimates 
 for his Department. 2 Act of October 2, 1888 (25 Stat. L., 
 543). 
 Detailed esti- 1754. That the estimates hereafter submitted for the sup- 
 
 mates. 
 
 o Ma 39o' 18?9 ' v ' P or fc ^ ^ ne ^ a ti Da l Hoine shall be made in detail, specify- 
 ing the several items of expenditure, and separating the 
 cost of food and other supplies in the form usually adopted 
 for the Army, and that tbis specification be made for each 
 soldiers' home separately. Act of March 3, 1879 (20 Stat. 
 L., 390). 
 
 INSPECTIONS. 
 
 inspections. 1755. That hereafter, once ir each fiscal year, the Secre- 
 
 Aiiff 18 1894 
 
 v. 28, p. 412. ' tary of War shall cause a thorongh inspection to be made 
 of the National Home for Disabled Volunteer Soldiers, its 
 records, disbursements, management, discipline, and con- 
 dition, such inspection to be made by an officer of the 
 Inspector-General's Department, who shall report thereon 
 in writing, and said report shall be transmitted to Con- 
 gress at the first session thereafter. Act of August 18, 
 1894 (28 Stat. L., 412). 
 
 OFFICERS OF THE NATIONAL HOME. 
 
 officers. 1756 The omcers o f t he National Home shall consist of 
 
 a governor, a deputy governor, a secretary, a treasurer, 
 and such other officers as the managers may deem neces- 
 
 Quaiification. sary. They shall be appointed from honorably discharged 
 
 Apr. 11, 1892, v. ,j, ., . ,. . .. . 
 
 27, p. is. soldiers who served as mentioned in the following section: 
 
 Sec. 4829, R.S. ___ _ __ 
 
 1 See, also, paragraph 1742, ante. 
 
 2 The act of March 3,1885 (23 Stat. L., 510), had contained the requirement that 
 "hereafter there shall annually be submitted to the Secretary of War a detailed 
 statement of the expenses of the Board of ilanagers of the National Home lor Dis- 
 abled Volunteer Soldiers, who shall submit the same to Congress at the beginning 
 of each session thereof." 
 
THE MILITARY LAWS OP THE UNITED STATES. 657 
 
 and they may be appointed and removed, from time to time, 
 as the interests of the institution may require, by the 
 Board of Managers. Act of April 11, 1892 (27 Stat. L., 15). 
 
 1757. That the Board of Managers shall classify all the Ratesof payto 
 officers and employees of the National Home for Disabled Aug. is, 1394, v. 
 
 28 p 412 
 
 Volunteer Soldiers and establish a rate of pay and allow- 
 ance for each class, and the rate so established shall not 
 be increased by fees, perquisites, allowances, or advantages 
 under any pretense whatever ; and no employee shall be 
 borne on more than one pay roll or voucher. 1 Act of August 
 18, 1894 (28 Stat. L., 412). 
 
 1758. That no person shall be eligible to or hold 
 
 tion or employment in the government or management of with liquor 
 any home who is interested in or connected with, directly Mar. S.ISST.V. 
 or indirectly, any brewery, dram- shop, or distillery in the 24 ' 1 *' 540 ' 
 State where such home is located. Act of March 3, 1887 
 (24 Stat. L., 540). 
 
 1759. The general treasurer shall give good and sufficient Bond of gen- 
 
 , -i , ,1 TT -.L i 0.1 j_ i JT -i eral treasurer. 
 
 bond to the United States in a sum not less than one hun- Aug. is, 1394, v. 
 dred thousand dollars, as the Secretary of War may direct, ' p ' 41 ' 
 and to be approved by him, faithfully to account for all 
 public moneys and property which he may receive, and the 
 treasurers of the several Branch Homes shall give good 
 and sufficient bonds to the general treasurer in such sums 
 as he may require, and to be approved by him, faithfully to 
 account for all public moneys and property which they may 
 receive. Act of August 18, 1894 (28 Stat. L., 412). 
 
 1760. That when an officer of the National Home for Dis- e ^J}^g ce e r g" 
 abled Volunteer Soldiers, not a member of the Board jjf pe lug.i8?i8M!vi 
 Managers thereof, travels under orders on business for the 
 
 Home he shall be allowed seven cents in lieu of all other 
 expenses for each mile actually traveled, distance to be 
 computed by the most direct through route Act of August 
 18, 1894 (28 Stat. L., 412). 
 
 'The following rates of pay were established in the acts of August 18,1894 (28 
 Stat L., 409), and March 2, 1895 (28 Stat. L., 952) : For president of the Board of Man- 
 agers, four thousand dollars ; secretary of the Board of Managers, two thousand 
 dollars; one general treasurer, who shall not be a member of the Board of Managers, 
 three thousand dollars; one inspector general, two thousand five hundred dollars; 
 one assistant inspector-general, two thousand dollars ; clerical services for the offices 
 of the president and general treasurer, four thousand five hundred dollars; mea 
 senger service for president's office, one hundred and forty- four dollars; messenge- 
 service for secretary's office, fifty-two dollars; clerical services for managers, one 
 thousand five hundred dollars ; agents, two thousand four hundred dollars ; for travel- 
 ing expenses of the Board of Managers, their officers and employees, eleven thousand 
 five hundred dollars ; for outdoor relief, one thousand seven hundred and fifty dol- 
 lars; for rent, medical examinations, stationery, telegrams, and other incidental 
 expenses, two thousand five hundred dollars; in all, thirty-seven thousand eight 
 hundred and forty-six dollars. 
 
 Tinder authority conferred by separate statutes, Branch Homes have been estab- 
 lished at the following places: 
 
 The Central Branch, at Dayton, Ohio. 
 
 The Northwestern Branch', at Milwaukee, Wis. 
 
 The Eastern Branch, at Togus, Me. 
 
 The Southern Branch, at Hampton, Va. 
 
 The Western Branch, at Leaven worth, Kans. 
 
 The Pacific Branch, at Santa Monica, Cal. 
 
 The Marion Branch, at ALuriuu, Ind. 
 
 1919 - 42 
 
658 THE MILITARY LAWS OF THE UNITED STATES. 
 
 ESTABLISHMENT OF BRANCH HOMES. 
 
 1761 - Tbe Board of Managers shall have authority to 
 procure from time to time, at suitable places, sites for mili- 
 
 
 id i n 
 
 j c " h mes f r a ^ persons serving in the Army of the 
 
 10- Jan is Ye?!' ^ n ^ e( ^ States a ^ anv ^ me i n ^ ne war f the rebellion, not 
 c, 5i,8. i,v.' 17, p! otherwise provided for, who have been or may be disquali- 
 See.4830 3 R.s. fied for procuring their own support by reason of wounds 
 received or sickness contracted while in the line of their 
 duty during the rebellion; and to have the necessary 
 buildings erected, having due regard to the health of loca- 
 tion, facility of access, and capacity to accommodate the 
 persons entitled to the benefits thereof. 
 
 ADMISSIONS TO THE HOME. 
 
 1762, The following persons only shall be entitled to the 
 l * benefits of the National Home for Disabled Volunteer 
 2i^ a 7'v 1 i4 18 p 6 ii Soldiers, and may be admitted thereto, upon the recoin- 
 45 6b v 2 ^ 8 ' ||; mendation of three of the board of managers, namely : 
 sTv 3 !? 873 *!? 51 ' "^ h nora kly discharged soldiers and sailors who served 
 s. 5, July 5, in the war of the rebellion, and the volunteer soldiers and 
 
 1884, v. 23, p. 121. 
 
 k Sec. 4832, B. s. sailors of the war of eighteen hundred and twelve and of 
 the Mexican war, who are disabled by age, disease or 
 otherwise, and by reason of such disability are incapable 
 of earning a living, shall be admitted into the Home for 
 Disabled Volunteer Soldiers: Provided, such disability 
 was not incurred in service against the United States. 1 
 Sec, 5, act of July 5, 1884 (23 Stat. L., 121). 
 
 STATE AND TERRITORIAL HOMES. 
 
 diSs^n^saiiOTs" 1763. That all States or Territories which have estab- 
 Lom^s fo? State li sue dj or which shall hereafter establish, State homes for 
 2i Aug^27.i888,v. disabled soldiers and sailors of the United States who 
 served in the war of the rebellion, or in any previous war, 
 who are disabled by age, disease, or otherwise, and by 
 reason of such disability are incapable of earning a liv- 
 ing, provided such disability was not incurred in service 
 against the United States, shall be paid for every such 
 
 'Section 2 of the act of March 2, 1887 (24 Stat. L., 444), authorizing the estab- 
 lishment of a branch home west of the Rocky Mountains, contains a requirement 
 "that all honorably discharged soldiers and sailors who served in the regular and 
 volunteer forces of the United States, and who are disabled by disease, wounds, or 
 otherwise, and who have no adequate means of support, and by reason of such dis- 
 ability are incapable of earning their living, shall be entitled to be admitted to said 
 Home for Disabled Volunteer Soldiers, subject to like regulations as they are now 
 admitted to existing branches of the National Home for Disabled Volunteer Soldiers." 
 
 The act of March 2, 1889 (25 Stat. L., 955), authorizes reduced rates to be given, by 
 transportation companies, to inmates of the National Home, " including those about 
 to enter and those returning home after discharge, under arrangements made with 
 the Board of Managers of said homes." 
 
THE MILITARY LAWS OF THE UNITED STATES. 659 
 
 disabled soldier or sailor who may be admitted and cared 
 for in such home at the rate of one hundred dollars per 
 annum. The number of such persons for whose care any 
 State or Territory shall receive the said payment under 
 this act shall be ascertained by the Board of Managers of aJS^iJatiJnai 
 the -National Home for Disabled Volunteer Soldiers, under Jj e e make 
 such regulations as it may prescribe, but the said State sec. 4826, R. s. 
 or Territorial homes shall be exclusively under the control 
 of the respective State or Territorial authorities, and the 
 Board of Managers shall not have nor assume any man- 
 agement or control of said State or Territorial homes. 
 The Board of Managers of the National Home shall, how- 
 ever, have power to have the said State or Territorial 
 homes inspected at such times as it may consider necessary, inspection 
 and shall report the result of such inspections to Congress 
 in its annual report. Act of August 27, 1888 (25 Stat. L., 
 450). 
 
 1764. That the sum of two hundred and fifty thousand tP c pr 2 op ^ io 2 ^ 
 dollars, or so much thereof as may be necessary, is hereby 1888 > v - 25 - P- 45 - 
 appropriated, out of any money in the Treasury not other- 
 wise appropriated, to carry out the provisions of this act, 
 
 and payments to the States or Territories under it shall be 
 
 made quarterly by the said Board of Managers for the 
 
 National Home for Disabled Volunteers to the officers of 
 
 the respective States or Territories entitled, duly authorized 
 
 to receive such payments, and shall be accounted for as are Payments. 
 
 the appropriations for the support of the National Home 
 
 for Disabled Volunteer Soldiers. Sec. 2, act of August 27, 
 
 1888 (25 Stat. L., 450). 
 
 1765. That hereafter no State under this appropriation ha ^ ates to pft y 
 shall be paid a sum exceeding one-half the cost of main- Mar. 2, 1889, v. 
 tenance of each soldier or sailor by such State. 1 Act of 
 
 March 2, 1889 (25 Stat. L., 975). 
 
 PENSIONS TO INMATES. 
 
 1766. All pensions payable, or to be paid under this act, Pensioners,^-" 
 
 " mates of the Na- 
 
 to pensioners who are inmates of the National Home fortionai Home for 
 Disabled Volunteer Soldiers shall be paid to the treasurer tee S r soldiers, 
 
 ,..-,, . , how paid. 
 
 or treasurers ot said home, upon security given to the sat- sec. 2, Feb. 26, 
 isfaction of the managers, to be disbursed for the benefit 1881 ' V ' 21|P ' 31 
 of the pensioners without deduction for fines or penalties 
 under regulations to be established by the managers of 
 the home; said payment to be made by the pension agent 
 
 'Subsequent acts of appropriation contain the requirement " that one-half of any 
 sum or sums retained by State homes on account of pensions received from inmates 
 shall be deducted from the aid herein provided for. ' ' 
 
660 THE MILITARY LAWS OF THE UNITED STATES. 
 
 upon a certificate of the proper officer of the home that 
 the pensioner is an inmate thereof and is still living. Any 
 balance of the pension which may remain at the date of 
 the pensioner's discharge shall be paid over to him; and 
 in case of his death at the home, the same shall be paid to 
 the widow or children, or in default of either to his Jegal 
 representatives. 1 Sec. 2, act of February 26, 1881 (21 Stat. 
 L., 350). 
 
 PENSIONS TO INMATES. 
 
 Pensions, etc., 1767. That all pensions and arrears of pensions payable 
 
 due inmates of 
 
 National Home O r to be paid to pensioners who are or may become in mates 
 treasurS-^etc. of the National Home for Disabled Volunteer Soldiers shall 
 22^p! 322! ^ be paid to the treasurers of said home, to be applied by 
 such treasurers as provided by law, under the rules and 
 regulations of said home. Said payments shall be made 
 by the pension agent upon a certificate of the proper officer 
 of the home that the pensioner is an inmate thereof on the 
 day to which said pension is drawn. The treasurers of said 
 home, respectively, shall give security, to the satisfaction 
 of the managers of said home, for the payment and appli- 
 cation by them of all arrears of pension and pension-moneys 
 they may receive under the aforesaid provision. And sec- 
 tion two of the act entitled "An act making appropriations 
 for the payment of invalid and other pensions of the United 
 States for the fiscal year ending June thirtieth, eighteen 
 hundred and eighty-two, and for deficiencies, and for other 
 purposes," approved February twenty-sixth, eighteen hun- 
 dred and eighty-one, is hereby revived and continued in 
 force. Act of August 7, 1882 (22 Stat. L., 322). 
 
 OUTDOOR BELIEF. 
 
 Outdoor relief. 1768. The Managers of the National Home for Disabled 
 
 P . 937, 'amended.' Volunteer Soldiers are authorized to aid persons who are 
 
 28, p UJ 492.' v ' entitled to its benefits by outdoor relief, in such manner 
 
 and to such extent as they may deem proper, but such relief 
 
 shall not exceed the average cost of maintaining an inmate 
 
 trSer f fnm d ates of the Home : Provided, That in the event that buildings 
 
 m^ case of fire, a t an y Branch of the Home shall be destroyed by fire or 
 
 rendered unfit for habitation because of pestilence or by 
 
 the elements, then and in that event the Board of Managers 
 
 shall have authority to remove the members of said Branch 
 
 so afflicted or destroyed to any other Branch not so affected, 
 
 and to do this, they may use any funds appropriated for the 
 
 x JFor disposition of pension in case of an insane inmate see paragraph 1780 post. 
 
THE MILITARY LAWS OF THE UNITED STATES. 661 
 
 Home, notwithstanding they may have been specifically 
 appropriated for other purposes, to the extent that such 
 funds shall be necessary to effect such a transfer and the 
 maintenance and support thereafter of said members so 
 transferred, and shall report their doings therein to the 
 Congress and their expenditures as in other cases of ex- 
 penditures: Provided further, That the appropriations for ^4833 R s 
 any fiscal year shall not be exceeded. Act of August 23, 
 1894 (28 Stat. L., 492}. 
 
 MISCELLANEOUS PROVISIONS. 
 
 1769. All inmates of the National Home for Disabled je Jnj te IrtciL 
 Volunteer Soldiers shall be subject to the Rules and Arti- 
 
 cles of War, and in the same manner as if they were 
 the Army. 1 8 - * v - 17 - P- 417 - 
 
 1770. That the Secretary of War be directed to turn. Bunding for 
 
 insane. 
 
 over to the managers of the National Home for Disabled Mar. 3, issi.v. 
 Volunteer Soldiers all the old clothing now held for issue 
 to the National Home. Said managers are authorized to 
 estimate for building and maintenance at the Central 
 Branch of a building or buildings for the safe and proper 
 keepingof the insane. Act of March 5, 1881 (21 Stat. L., 447). 
 
 1771. That in addition to the persons now entitled to ad- insanepereous 
 
 from National 
 
 mission to said hospital, any inmate of the National Home Home for Dis- 
 abled Volunteer 
 
 for Disabled Volunteer Soldiers, who is now or may here- Soldier* to be d- 
 
 mitted, etc. 
 
 after become insane shall, upon an order of the president Aug. 7, 1882, v. 
 of the board of managers of the said National Home, be 
 admitted to said hospital and treated therein ; and if any 
 inmate so admitted from said National Home is or there- 
 after becomes a pensioner, and has neither wife, minor 
 child, nor parent dependent on him, in whole or part, for 
 support, his arrears of pension and his pension money 
 accruing during the period he shall remain in said hospital 
 shall be applied to his support in said hospital, and be 
 paid over to the proper officer of said institution for the 
 general uses thereof. Act of August 7, 1882 (22 Stat. L., 
 330). 
 
 1772. That the Secretary of War be, and hereby is, au- 
 thorized and directed, subject to such regulations as he 
 
 'Section 4835, Revised Statutes, providing that the inmates of the "National 
 Home for Disabled Volunteer Soldiers ' shall be "subject to the Kules and Articles 
 of Wax," held (1870) to be clearly an unconstitutional enactment, such inmates not 
 being, and having never been, any part of the armies of the United States, but 
 civilians. The fact that they had once been members of the volunteer forces could 
 not attach to them, after their final discharges, any amenability to the military juris- 
 diction. In but a single case that described in Court Martial, II, section 15, ante 
 has an inmate ever been made amenable to trial by court-martial, and, in that case, 
 upon the report of the Judge- Advocate-General, the proceedings were declared to be 
 void ab initio and wholly inoperative by the Secretary of War. (Dig. J. A. Gen., 
 p. 744, par. 4.) 
 
662 THE MILITARY LAWS OP THE UNITED STATES. 
 
 P rescrib e, to deliver to any of the "National Homes 
 
 Fb8 1889 v * r Disabled Volunteer Soldiers" already established or 
 25, p. 65?'. hereafter established and to any of the State Homes for 
 
 soldiers and sailors or either now or hereafter duly estab- 
 lished and maintained under State authority, such obsolete 
 serviceable cannon, bronze or iron, suitable for firing 
 salutes, as may be on hand undisposed of, not exceeding 
 two to any one Home. Act of February 8, 1889 (25 Stat. 
 L., 657). 
 
 be^ruShed. to 1773. That the Secretary of the Senate and the Clerk of 
 
 28 J p. 1 i59 6 ' 1894 ' v ' tne House of Eepresentatives shall cause to be sent to the 
 
 National Home for Disabled Volunteer Soldiers at Dayton, 
 
 Ohio, and to the branches at Togus in Maine, Milwaukee 
 
 in Wisconsin, Hampton in Virginia, Marion in Indiana, 
 
 Leavenworth in Kansas, Santa Monica in California, and 
 
 etc. tate home8 ' to the homes for the widows and orphans of soldiers and 
 
 sailors established and maintained by any State or Terri- 
 
 tory, and all soldiers and sailors' homes established by the 
 
 authority of any State or Territory receiving aid from the 
 
 United States under legislation of Congress, each, one 
 
 sage* W and m Rec- CO P V eacn ^ ^ ne following documents : The session laws of 
 
 sent nly to be Con g r ess; the annual messages of the President, with 
 
 sec. 4837, B.S. accompanying documents in the abridgment thereof j the 
 
 daily Congressional Kecord; and the Public Printer is 
 
 hereby authorized and directed to furnish to the Secretary 
 
 of the Senate and the Clerk of the House of Representa- 
 
 tives the documents referred to in this section. Act of 
 
 July 26 ', 1894' (28 Stat. L., 159). 
 
 be^ent ?re? er to 17 74. That the provisions of the fifth and sixth sections 
 
 lug.' p isf 1894, of tlie Act entitled "An Act establishing post-routes, and 
 
 v. 28, p. 412. f or other purposes, approved March third, eighteen hundred 
 
 and seventy-seven," for the transmission of official mail- 
 
 matter, be, and they are hereby, extended and made appli- 
 
 cable to all official mail-matter of the National Home for 
 
 Disabled Volunteer Soldiers. Act of August 18, 1894 (28 
 
 Stat. L., 412). 
 
CHAPTER XLII. 
 
 THE GOVEBNMENT HOSPITAL FOR THE INSANE. 
 
 Par. 
 
 1775. Establishment of the Gov- 
 
 ernment Hospital for the 
 Insane. 
 
 1776. The superintendent. 
 
 1777. Admission of insane persons 
 
 of the Army, Navy, Ma- 
 rine Corps, etc. 
 
 Par. 
 
 1778. Discharge of patients upon 
 
 bond. 
 
 1779. Disbursement of appropria- 
 
 tions for the insane. 
 
 1780. Payment of pensions to in- 
 
 mates. 
 
 1775. There shall be in the District of Columbia a Gov- 
 
 of 
 
 eminent Hospital for the Insane, and its objects shall be ment Hospital for 
 the most humane care and enlightened curative treatment Ma? 8 3i855. c. 
 of the insane of the Army and Navy of the United States JS: * *' v ' 10> p ' 
 and of the District of Columbia. Sec. 4838, R.S. 
 
 1776. The chief executive officer of the Hospital for the The superm- 
 Insane shall be a superintendent, who shall be appointed ^sSi 'ibid. 
 by the Secretary of the Interior, and shall be entitled to a 21 ^ a j- 14 3 ' 18 ^' v - 
 salary of four thousand dollars a year, and shall give bond sec.4s39,R.s. 
 for the faithful performance of his duties, in such sum 
 
 and with such securities as may be required by the Sec- 
 retary of the Interior. The superintendent shall be a 
 well-educated physician, possessing competent experience 
 in the care and treatment of the insane; he shall reside 
 on the premises, and devote his whole time to the welfare of 
 the institution; he shall, subject to the approval of the vis- 
 itors, engage and discharge all needful and usual employes 
 in the care of the insane, and all laborers on the farm, and 
 determine their wages and duties; he shall be the respon- 
 sible disbursing agent of the institution, and shall be ex- 
 officio secretary of the board of visitors. 
 
 1777. The superintendent, upon the order of the Secre- Admission of 
 tary of War, of the Secretary of the Navy, and of the SSSS?[ Navyf 
 Secretary of the Treasury, respectively, shall receive, and^ c arine Corp8 ' 
 keep in custody until they are cured, or removed by the same 
 authority which ordered their reception, insane persons 
 
 the following descriptions: PP- 9 3,94 ; Mar. 3, 1375, c. ise, 8 . 5, v. is, P . 486. Sec. 4843,s. si 
 First. Insane persons belonging to the Army, Navy, 
 
 Marine Corps, and revenue-cutter service. 
 
 Second. Civilians employed in the Quartermaster's and 
 
 Subsistence Departments of the Army who may be, or may 
 
 hereafter become, insane while in such employment. 
 
 663 
 
664 THE MILITARY LAWS OF THE UNITED STATE'S. 
 
 Third. Men who, while in the service of the United States, 
 in the Army, Navy, or Marine Corps, have been admitted 
 to the hospital, and have been thereafter discharged from 
 it on the supposition that they have recovered their reason, 
 and have, within three years after such discharge, become 
 again insane from causes existing at the time of such dis 
 charge, and have no adequate means of support. 
 
 Fourth. Indigent insane persons who have been in either 
 of the said services and been discharged therefrom on 
 account of disability arising from such insanity. 
 
 Fifth. Indigent insane persons who have become insane 
 within three years after their discharge from such service, 
 from causes which arose during and were produced by said 
 service. 1 
 
 p on 
 
 * 778. If anv P er son wil1 & ve bond witlx sufficient security, 
 sec 9 ibid to be approved by the supreme court of the District of 
 sec.4856,R.s. Columbia, or by any judge thereof in vacation, payable to 
 the United States, with condition to restrain and take care 
 of any independent or indigent insane person not charged 
 with a breach of the peace, whether in the hospital or not, 
 until the insane person is restored to sanity, such court or 
 judge thereof may deliver such insane person to the party 
 giving such bond. 
 
 1779. All appropriations of money by Congress for the 
 f Mar e 3?i855,' c. support of the Hospital for the Insane shall be drawn from 
 199, s. 7, v. 10, p. .j. ne Treasury on the requisition of the Secretary of the 
 Sec ** 868 ' B>s * Interior, and shall be disbursed and accounted for in all 
 respects according to the laws regulating ordinary dis- 
 bursements of public money. 2 
 
 pjKftiM* 178 - If any inmate of the Government Hospital for the 
 
 m ^g 7 1882 v Insane so admitted 3 from said National Home is or there- 
 
 22, p. 330. after becomes a pensioner, and has neither wife, minor 
 
 child, nor parent dependent on him, in whole or in part, 
 
 for support, his arrears of pension and his pension money 
 
 accruing during the period he shall remain in said hospital 
 
 shall be applied to his support in said hospital and be paid 
 
 over to the proper officer of said institution for the general 
 
 uses thereof. Act of August 7, 1882 (22 Stat. L., 330). 
 
 1 The right to admission to the Asylum has been extended by statute to include 
 the following classes of cases : 
 
 (1) To insane convicts serving sentences of confinement imposed by United 
 States courts. Act of June 23. 1874 (18 Stat. L., 251). 
 
 (2) To persons in custody charged with crime against the United States. Act of 
 August 7, 1882 (22 Stat. L.,' 202). 
 
 (3) To inmates of the several branches of the National Home for Disabled Vol- 
 unteer Soldiers who may become insane. Ant of August 7, 1882 (22 Stat. L., 302). 
 
 (4) To inmates of the Soldiers' Home who may become insane. Act of July 7, 
 1884 (23 Stat. L., 194). The expense of maintenance to be paid from the Soldiers' 
 Home Fund. 
 
 * The act of March 3,1881 (21 Stat. L., 458), vests the supervision of tho Asylum 
 and the control over its management in the Secretary of the Interior. 
 *In accordance with the act of August 7, 1882. See note 1, supra. 
 
CHAPTER XLIII. 
 
 NATIONAL PAEKS. 
 
 Par. 
 
 Par. 
 
 1825-1829. The Antietam battle- 
 iield. 
 
 1830-1855. The Yellowstone Na- 
 tional Park. 
 
 1856-1858. Forest reservations. 
 
 1781, 1782. General provisions. 
 
 1783-1799. The Chickamauga and 
 Chattanooga National 
 Military Park. 
 
 1790-1814. The Gettysburg Na- 
 tional Park. 
 
 1815-1824. The Shiloh National 
 Military Park. 
 
 NATIONAL MILITARY PARKS. 
 
 1781. Tbat in order to obtain practical benefits of great p>e of national 
 value to the country from the establishment of national for maneuvers. 
 
 , , . , , , May 15, 1896, v. 
 
 military parks, said parks and their approaches are hereby 29, p. 120. 
 declared to be national fields for military maneuvers for 
 the Begular Army of the United States and the National 
 Guard or Militia of the States : Provided, That the said 
 parks shall be opened for such purposes only in the discre- 
 tion of the Secretary of War, and under such regulations 
 as he may prescribe. Act of May 15, 1896 (29 Stat. L., 120). 
 
 1782. That the Secretary of War is hereby authorized, w *JS*3jJ 
 within the limits of appropriations which may from time to Butted be in 
 time be available for such purpose, to assemble, at his dis- Sec.2,i&id. 
 cretion, in camp at such season of the year and for such 
 
 period as he may designate, at such field of military ma- 
 neuvers, such portions of the military forces of the United 
 States as he may think best, to receive military instruction 
 there. The Secretary of War is further authorized to make 
 and publish regulations governing the assembling of the 
 National Guard or Militia of the several States upon the 
 maneuvering grounds, and he may detail instructors from 
 the Eegular Army for such forces during their exercises. 
 Sec. 2, ibid. 
 
 665 
 
666 THE MILITARY LAWS OF THE UNITED STATES. 
 
 THE CHICKAMAUGA AND CHATTANOOGA NATIONAL 
 MILITARY PARK. 
 
 Chickamauga 1783. That for the purpose of preserving and suitably 
 
 and Chattanooga J 
 
 National Mill -marking for historical and professional military study the 
 
 luifed ar k fields of some of the most remarkable maneuvers and most 
 
 conditions, brilliant fighting in the war of the rebellion, and upon the 
 
 jurisdiction. ceding> of jurisdiction to the United States by the States 
 
 of Tennessee and Georgia, respectively, and the report of 
 
 the Attorney-General of the United States that the title 
 
 to the lands thus ceded is perfect, the following described 
 
 Highways de- highways in those States are hereby declared to be ap- 
 
 clared ap- 
 proaches to^and proaches to and parts of the Chickamauga and Chatta- 
 nooga National Military Park as established by the second 
 section of this act, to wit : First. The Missionary Eidge 
 26 Au 333 9 ' 1890>v ' Crest road from Sherman Heights at the north end -of 
 Missionary Eidge, in Tennessee, where the said road enters 
 upon the ground occupied by the Army of the Tennessee 
 under Major-General William T. Sherman, in the military 
 operations of November twenty-fourth and twenty-fifth, 
 eighteen hundred and sixty- three; thence along said road 
 through the positions occupied by the army of General 
 Braxton Bragg on November twenty- fifth, eighteen hun- 
 dred and sixty-three, and which were assaulted by the 
 Army of the Cumberland under Major- General George H. 
 Thomas on that date, to where the said road crosses the 
 southern boundary of the State of Tennessee, near Eoss- 
 ville Gap, Georgia, upon the ground occupied by the 
 troops of Major-General Joseph Hooker, from the Army of 
 the Potomac, and thence in the State of Georgia to the 
 junction of said road with the Chattanooga and Lafayette 
 or State road at Eossville Gap ; second, the Lafayette or 
 State road from Eossville, Georgia, to Lee and Gordon's 
 Mills, Georgia; third, the road from Lee and Gordon's 
 Mills, Georgia, to Crawfish Springs, Georgia; fourth, the 
 road from Crawfish Springs, Georgia, t6 the crossing of the 
 Chickamauga at Glass' Mills, Georgia; fifth, the Dry Valley 
 road from Eossville, Georgia, to the southern limits of Mc- 
 Farland's Gap in Missionary Eidge ; sixth, the Dry Valley 
 and Crawfish Springs road from McFarland's Gap to the 
 intersection of the road from Crawfish Springs to Lee and 
 Gordon's Mills; seventh, the road from Eingold, Georgia, 
 to Eeed's Bridge on the Chickamauga Eiver; eighth, the 
 roads from the crossing of Lookout Creek across the north- 
 ern slope of Lookout Mountain and thence to the old Surn- 
 mertown Eoad and to the valley on the east slope of the 
 
THE MILITARY LAWS OF THE UNITED STATES. 667 
 
 said mountain, and thence by the route of General Joseph 
 
 Hooker's troops to Rossville, Georgia, and each and all of 
 
 these herein described roads shall, after the passage of 
 
 this act, remain open as free public highways, and all 
 
 rights of way now existing through the grounds of the said Rights of way. 
 
 park and its approaches shall be continued. Sec. 1, act of 
 
 August 19, 1890 (26 Stat. L., 333}. 
 
 1784. That upon the ceding of jurisdiction by the legis- condemnation 
 
 of lands and 
 
 lature of the State of Georgia, and the report of the Attor- roads. 
 ney-General of the United States that a perfect title has 
 been secured under the provisions of the act approved 
 August first, eighteen hundred and eighty-eight, entitled 
 "An act to authorize condemnation of land for sites of 
 public buildings, and for other purposes,' 7 the lands and 
 roads embraced in the area bounded as herein described, 
 together with the roads described in section one of this 
 act, are hereby declared to be a national park, to be known 
 as the Chickamauga and Chattanooga National Park; that Name, etc. 
 is to say, the area inclosed by a line beginning on the Lafay- 
 ette or State road, in Georgia, at a point where the bottom 
 of the ravine next north of the house known on the field 
 of Chickamauga as the Cloud House, and being about six 
 hundred yards north of said house, due east to the Chicka- 
 mauga River and due west to the intersection of the Dry 
 Valley road at McFarland's Gap ; thence along the west side 
 o;f the Dry Valley and Crawfish Springs roads to the south 
 side of the road from Crawfish Springs to Lee and Gor- 
 don's Mills 5 thence along the south side of the last-named 
 road to Lee and Gordon's Mills ; thence along the channel 
 of the Chickamauga River to the line forming the north- 
 ern boundary of the park, as hereinbefore described, con- 
 taining seven thousand six hundred acres, more or less. 
 Sec. 2, ibid. 
 
 1785. That the said Chickamauga and Chattanooga Na- Park and *P- 
 
 proaches to be 
 
 tional Park, and the approaches thereto, shall be under under control of 
 the control of the Secretary of War, and it shall be his duty, war. 
 immediately after the passage of this act, to notify the condemnation in 
 Attorney- General of the purpose of the United States to sec.3,wd. 
 acquire title to the roads and lands described in the pre- 
 vious sections of this act under the provisions of the act of 
 August first, eighteen hundred and eighty-eight; and the 
 said Secretary, upon receiving notice from the Attorney- 
 General of the United States that perfect titles have been 
 secured to the said lands and roads, shall at once proceed 
 to establish and substantially mark the boundaries of the 
 said park. Sec. 3, ibid. 
 
668 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Agreements 1786. That the Secretary of War is hereby authorized to 
 
 with present 
 
 land owners to enter into agreements, upon such nominal terms as he may 
 
 remain, etc. 
 
 Sec. 4, ibid. prescribe, with such present owners of the land as may 
 desire to remain upon it, to occupy and cultivate their 
 
 Conditions of present holdings, upon condition that they will preserve 
 the present buildings and roads, and the present outlines 
 of field and forest, and that they will only cut trees or 
 underbrush under such regulations as the Secretary may 
 prescribe, and that they will assist in caring for and pro- 
 tecting all tablets, monuments, or such other artificial 
 works as may from time to time be erected by proper 
 authority. Sec. 4, ibid. 
 stonero conimi8 " 1787, That the affairs of the Chickamauga and Chatta- 
 
 sec.5,tMd. n ooga National Park shall, subject to the supervision and 
 direction of the Secretary of War, be in charge of three 
 commissioners, each of whom shall have actively partici- 
 pated in the battle of Chickamauga or one of the battles 
 about Chattanooga, two to be appointed from civil life by 
 the Secretary of War, and a third, who shall be detailed 
 by the Secretary of War from among those officers of the 
 Army best acquainted with the details of the battles of 
 
 Secretary of Chickamauga and Chattanooga, who shall act as Secretary 
 of the Commission. The said commissioners and Secre- 
 tary shall have an office in the War Department building, 
 and while on actual duty shall be paid such compensation, 
 out of the appropriation provided in this act, as the Secre- 
 tary of War shall deem reasonable and just. Sec. 5, ibid. 
 
 1788> Tnat ifc slia11 be tbe dut y of tne commissioners 
 sec. e, ibid. named in the preceding section, under the direction of the 
 Secretary of War, to superintend the opening of such roads 
 as may be necessary to the purposes of the park, and the 
 repair of the roads of the same, and to ascertain and defi- 
 nitely mark the lines of battle of all troops engaged in the 
 battles of Chickamauga and Chattanooga, so far as the 
 same shall fall within the lines of the park as defined in 
 the previous sections of this act, and, for the purpose of 
 assisting them in their duties and in ascertaining these 
 ne Secretary of War shall have authority to employ, 
 a t sucn compensation as he may deem reasonable and just, 
 to be paid out of the appropriation made by this act, some 
 person recognized as well informed in regard to the details 
 of the battles of Chickamauga and Chattanooga, and who 
 shall have actively participated in one of those battles, and 
 it shall be the duty of the Secretary of War from and after 
 the passage of this act, through the commissioners, and 
 
THE. MILITARY LAWS OF THE UNITED STATES. 669 
 
 their assistant iii historical work, and under the act ap- 
 
 proved August first, eighteen hundred and eighty-eight, v. 25, p. 357. 
 
 regulating the condemnation of land for public uses, to 
 
 proceed with the preliminary work of establishing the park 
 
 and its approaches as the same are defined in this act, and 
 
 the expenses thus incurred shall be paid out of the appro- 
 
 priation provided by this act. 1 Sec. 6, ibid. 
 
 1789. That it shall be the duty of the commissioners, 
 acting under the direction of the Secretary of War, to 
 ascertain and substantially mark the locations of the regu- 
 lar troops, both infantry and artillery, within the bounda- 
 ries of the park, and to erect monuments upon those 
 positions as Congress may provide the necessary appro- 
 priations; and the Secretary of War in the same way may 
 ascertain and mark all lines of battle within the bounda- Lines of battle. 
 ries of the park and erect plain and substantial historical 
 
 tablets at such points in the vicinity of the Park and its 
 approaches as he may deem fitting and necessary to clearly 
 designate positions and movements, which, although with- 
 out the limits of the Park, were directly connected with 
 the battles of Chickarnauga and Chattanooga. Sec. 7, ibid. 
 
 1790. That it shall be lawful for the authorities of any certain states, 
 
 J etc., may ascer- 
 
 State having troops engaged either at Chattanooga or taiu an <i ark 
 
 Hues of battle, 
 
 Chickamauga, and for the officers and directors of the etc. 
 
 /-u - i TLT -i ' - 
 
 Chickamauga Memorial Association, a corporation char- 
 
 tered under the laws of Georgia, to enter upon the lauds 
 
 and approaches of the Chickamauga and Chattanooga 
 
 National Park for the purpose of acertaining and marking 
 
 the lines of battle of troops engaged therein : Provided^ 
 
 That before any such lines are permanently designated 
 
 the position of the lines and the proposed methods of 
 
 marking them by monuments, tablets, or otherwise shall 
 
 be submitted to the Secretary of War, and shall first w C to e flw7a?' 
 
 receive the written approval of the Secretary, which ap- prove Iin68> etc> 
 
 proval shall be based upon formal written reports, which 
 
 must be made to him in each case by the commissioners of 
 
 the park. Sec. 6', ibid. 
 
 1791. That the Secretary of War, subject to the ap- et are of P ark 
 proval of the President of the United States, shall have sec- , *. 
 the power to make, and shall make, all needed regulations Regulations, 
 for the care of the park and for the establishment and etc< 
 marking of the lines of battle and other historical features 
 of the park. Sec. 9, ibid. 
 
 'All vouchers in support of disbursements under tbe act of August 19, 1890 (26 
 Stat. L., 333), providing for the Chickamauga and Chattanooga National Park, and 
 acts supplementary thereto, require the approval of the Secretary of War. (3 
 Compt. Dec., 381.) 
 
670 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 fo* ta-ur hm etc t 1^92. That if any person shall willfully destroy, mutilate, 
 to monument s, 'deface, injure, or remove any monument, column, statues, 
 Sec. 10, ibid, memorial structure, or work of art that shall be erected or 
 placed upon the grounds of the park by lawful authority, 
 or shall willfully destroy or remove any fence, railing, in- 
 closure, or other work for the protection or ornament of 
 said park, or any portion thereof, or shall willfully destroy, 
 cut, hack, bark, break down, or otherwise injure any tree, 
 bush, or shrubbery that may be growing upon said park, 
 or shall cut down or fell or remove any timber, battle relic, 
 tree or trees growing or being upon such park, except by 
 permission of the Secretary of War, or shall willfully re- 
 move or destroy any breast-works, earth-works, walls, or 
 other defenses or shelter, on any part thereof, constructed 
 by the armies formerly engaged in the battles on the lands 
 or approaches to the park, any person so offending and 
 found guilty thereof, before any justice of the peace of the 
 county in which the offense may be committed, shall for 
 each and every such offense forfeit and pay a fine, in the 
 discretion of the justice, according to the aggravation of 
 the offense, of not less than five nor more than fifty dol- 
 lars, one half to the use of the park and the other half to 
 the informer, to be enforced and recovered, before such 
 justice, in like manner as debts of like nature are now by 
 law recoverable in the several counties where the offense 
 may be committed. Sec. 10, ibid. 
 
 1793 ' That to enable the Secretary of War to begin to 
 carr y ou ^ * De purposes of this act, including the condemna- 
 tion and purchase of the necessary land, marking the 
 boundaries of the park, opening or repairing necessary 
 roads, maps and surveys, and the pay and expenses of the 
 commissioners and their assistant, the sum of one hundred 
 and twenty- five thousand dollars, or such portion thereof 
 as may be necessary, is hereby appropriated, out of any 
 moneys in the Treasury not otherwise appropriated, and 
 disbursements under this act shall require the approval of 
 the Secretary of War, and he shall make annual report 
 of the same to Congress. Sec. 11, act of August 1, 1890 (26 
 Stat. L., 333). 
 
 Mal U 3 e( i89i e v. 1794> Tnat tlie Secretary of War, upon the recommenda- 
 26, P . 978. tion of the Chickamauga Park Commissioners, may confine 
 
 the limits of the park to such reduced area, within the 
 bounds fixed by the said act, as may be sufficient for the 
 purposes of the said act, and the acquisition of title for 
 the United States to such reduced area shall be held to be 
 a compliance with the terms of said act, and such title 
 
 8i s' u ibid 
 
THE MILITARY LAWS OF THE UNITED STATES. 671 
 
 shall be procured by the Secretary of War and under his 
 direction in accordance with the methods prescribed in 
 sections four, five, and six of the act approved February 
 twenty-second, eighteen hundred and sixty seven, entitled 
 "An act to establish and protect national cemeteries," 
 which procurement of title shall be held to be a compliance 
 with the act establishing the said Park, and the Secretary 
 of War shall proceed with the establishment of the park 
 as rapidly as jurisdiction over the roads of the park and its 
 approaches and title to the separate parcels of land which 
 compose it may be obtained from the United States. Act 
 of March 3, 1891 (26 Stat. L., 978). 
 
 1795. To enable the Secretary of War to complete the Lease of lands, 
 establishment of the Ohickamauga and Chattanooga Na- 
 tional Military Park according to the terms of existing Aug. 5, 1392, v. 
 laws, including surveys, maps, models in relief, the pur- 
 chase of Orchard Knob and Sherman's Earthworks, and 
 
 for observation towers and the purchase of sites for two of 
 them, one hundred and fifty thousand dollars: Provided, 
 That the Secretary of War may lease the lands of the park 
 at his discretion, either to former owners or other persons, 
 for agricultural purposes, the proceeds to be applied by the 
 Secretary of War to the repairs of roads and the care of 
 the park ; and from this appropriation the Secretary of War 
 is authorized to pay the disbursing officer of the War De- 
 partment the sum of five hundred dollars for disbursing 
 this and former appropriations for said Park. 
 
 That the Secretary of War and the Secretary of the Navy Donation of 
 
 i ,, - i J. -, i -, r* ' condemned can- 
 
 are hereby authorized to deliver to the Commissioners of non, etc. 
 
 the Chickarnauga and Chattanooga National Military Park, 27,p?598.' 
 at the park, such number of condemned cannon and can- 
 non balls as their judgment may approve, for the purpose 
 of their work of indication and marking location on the 
 battlefields of Chickainauga, Missionary Eidge and Look- 
 out Mountain. Act of August 5, 1892 (27 Stat. L., 376}. 
 
 1796. To enable the Secretary of War to complete the Donations of 
 establishment of the Chickarnauga and Chattanooga Na- 
 tional Military Park, according to the terms of existing Mar. 3, 1893, v. 
 laws, including the construction of roads, surveys, maps, 
 
 iron gun carriages, administration building, the purchase of 
 land within the legal area of the park and the north point 
 of Lookout Mountain, and for widening roads, for bronze 
 historical tablets, repairs to bridges, one observation tower 
 on Orchard Knob ; * * * in all, one hundred thousand 
 dollars. And the Secretary of War is hereby authorized 
 to accept on behalf of the United States donations of land 
 for road purposes. Act of March 3, 1893 (27 Stat. L., 376). 
 
672 THE MILITARY LAWS OF THE UNITED STATES. 
 
 ^Continuation of 1797. TO * * * complete the establishment of the 
 ^ Alibis, 1894, v. park, * * * including road construction, * * * 
 
 foundations for State monuments, the purchase of the 
 
 Purchase of north end of Missionary Itidge, and monument sites in 
 
 the vicinity of Glass's Mill, * * * in all, seventy-five 
 
 thousand dollars. Act of A ugust 18, 1894 (28 Stat. L., 403). 
 
 The same. 1798. To * * * complete the establishment of the 
 
 28, p. 945.' * * * park, * * * including road work, memorial 
 
 gateway and designs therefor, * * * laud the purchase 
 of which has heretofore been authorized by law, sites for 
 monuments in Lookout Valley, not to exceed three hundred 
 dollars in all; in all, seventy-five thousand dollars. Act of 
 March 2* 1895 (28 Stat. L., 945). That the said Board of 
 Commissioners heretofore appointed pursuant to the stat- 
 ute creating said park, is hereby empowered to authorize 
 the boards or representatives of the several States building 
 monuments upon said battlefield, to take and use, under 
 such rules and regulations, and upon such terms as said 
 use of material National Commission may direct, such stone and other 
 
 for State monu- . , . , , . , * , 
 
 ments author- material, including sand and gravel, as may be necessary 
 
 J.-'K. s, Oct. 2, to construct the foundation for any such monuments, and 
 
 1893, v. 28, P . 12. wuic k mav j^ f ou ,,d w ithin the territory of said National 
 
 Park, and the roads and highways leading thereto. Joint 
 resolution No. 8, October 2, 1893 (28 Stat. L., 12). 
 Restriction on 1799. That no monuments or memorials shall be erected 
 
 erection ot mon- 
 uments, upon any lands of the park, or remain upon any lauds 
 
 29, p. 21. ' which may be purchased for the park, except upon ground 
 
 actually occupied in the course of the battle by troops of 
 the State which the proposed monuments are intended 
 to commemorate, except upon those sections of the park 
 set apart for memorials to troops which were engaged in 
 the campaigns, but operated outside of the legal limits of 
 the park; and the regulations of the commissioners of the 
 park, as approved by the Secretary of War, promulgated 
 December fourteenth, eighteen hundred and ninety-five, 
 are hereby affirmed. Act of February 26, 1896 (29 Stat. L., 
 21). 
 
 THE GETTYSBURG NATIONAL PARK AT GETTYSBURG, PA. 
 
 tiSfai?k rgNa ' 1800 ' That the Secretary of War is hereby authorized to 
 Acceptance of rece i ve from the Gettysburg Battlefield Memorial Associa- 
 
 lauu irom Battle- * 
 
 A88?cia?ioir orial ^ on ' a cor P ora ti ou chartered by the State of Pennsylvania, 
 Feb. 11, 1895, v. a deed of conveyance to the United States of all the lands 
 
 tic p. 651. 
 
 belonging to said association, embracing about eight hun- 
 dred acres, more or less, and being a considerable part 
 of the battlefield of Gettysburg, together with all rights 
 
THE MILITARY LAWS OF THE UNITED STATES. 673 
 
 of way over avenues through said lands acquired by said 
 association, and all improvements made by it in and upon 
 the same. Upon the due execution and delivery to the 
 Secretary of War of such deed of conveyance, the Secre- 
 tary of War is authorized to pay to the said Battlefield 
 Memorial Association the sum of two thousand dollars, or 
 so much thereof as may be necessary to discharge the 
 debts of said association, the amount of such debts to be 
 verified by the officers thereof, and the sum of two thousand 
 dollars is hereby appropriated out of any money in the 
 Treasury not otherwise appropriated to meet and defray 
 such charges. Act of February 11, 1895 (28 Stat. ., 651). 
 
 1801. That as soon as the lands aforesaid shall be con- Designation, 
 veyed to the United States the Secretary of War shall 
 
 take possession of the same, and such other lauds on the 
 battlefield as the United States have acquired, or shall 
 hereafter acquire, by purchase or condemnation proceed- 
 ings; and the lands aforesaid, shall be designated and 
 known as the a Gettysburg National Park." Sec. 2, ibid. 
 
 1802. That the Gettysburg national park shall, subject Commissioners, 
 to the supervision and direction of the Secretary of War, 
 
 be in charge of the commissioners heretofore appointed by 
 the Secretary of War for the location and acquisition of 
 lands at Gettysburg, and their successors ; the said com- 
 missioners shall have their office at Gettysburg, and while 
 on duty shall be paid such compensation out of the appro- compensation. 
 priation provided in this act as the Secretary of War shall 
 deem reasonable and just. And it shall be the duty of the Duty- 
 said commissioners, under the direction of the Secretary of 
 War, to superintend the opening of such additional roads 
 as may be necessary for the purposes of the park and for 
 the improvement of the avenues heretofore laid out therein, 
 and to properly mark the boundaries of the said park, and 
 to ascertain and definitely mark the lines of battle of all 
 troops engaged in the battle of Gettysburg, so far as the 
 same shall fall within the limits of the park. 1 Sec. 3, ibid. 
 
 1803. That the Secretary of War is hereby authorized Acquiring ad- 
 
 ditionalland.etc. 
 
 and directed to acquire, at such tunes and in such manner sec.4,<&id. 
 as he may deem best calculated to serve the public interest, 
 such lands in the vicinity of Gettysburg, Pennsylvania, 
 not exceeding in area the parcels shown on the map pre- 
 
 1 Where certain land, part of the battlefield of Gettysburg, was in danger of being 
 so cut up and altered by the construction of an electric railroad as to cause the oblit- 
 eration of important tactical positions occupied by the different commands engaged 
 in the battle, a dvised that tho Attorney-General bo requested to have initiated the 
 proper proceedings for tho condemnation of the land so that the United States may 
 acquire the fee, and for an injunction restraining the railroad company from con- 
 structing or operating its road upon the laud pending the condemnation proceed- 
 ings. (Dig. Opin. J. A. Gen,, 466, par. 3.) 
 
 1911' 43 
 
674 THE MILITARY LAWS OF THE UNITED STATES. 
 
 pared by Major-General Daniel E, Sickles, United States 
 Army, and now on file in the office of the Secretary of War, 
 which were occupied by the infantry, cavalry, and artillery 
 on the first, .second and third days of July, eighteen hun- 
 dred and sixty-three, and such other adjacent lands as he 
 may deem necessary to preserve the important topograph- 
 ical features of the battlefield : Provided, That nothing con- 
 tained in this Act shall be deemed and held to prejudice 
 the rights acquired by any State or by any military organ- 
 ization to the ground on which its monuments or markers 
 are placed, nor the right of way to the same. Sec. 4, 
 ibid. 
 
 1804. That for the purpose of acquiring the lands desig- 
 nated and described in the foregoing section not already 
 acquired and owned by the United States, and such other 
 adjacent laud as may be deemed necessary by the Secre- 
 tary of War for the preservation and marking of the lines 
 of battle of the Union and Confederate armies at Gettys- 
 burg, the Secretary of War is authorized to employ the 
 services of the commissioners heretofore appointed by him 
 for the location, who shall proceed, in conformity with his 
 instructions and subject in all things to his approval, to 
 acquire such lauds by purchase, or by condemnation pro- 
 ceedings, to be taken by the Attorney -General in behalf of 
 the United States, in any case in which it shall be ascer- 
 tained that the same can not be purchased at prices deemed 
 reasonable and just by the said commissioners and approved 
 P rScee ( Iugs tl()I1 by the Secretary of War. And such condemnation pro- 
 v. 25, p. 357. C eediugs may be taken pursuant to the Act of Congress 
 approved August first, eighteen hundred and eighty- eight, 
 regulating the condemnation of land for public uses, or the 
 Joint Resolution authorizing the purchase or condemnation 
 of land in the vicinity of Gettysburg, Pennsylvania, ap- 
 proved June fifth, eighteen hundred and ninety-four. 8ec. 
 5, ibid. 
 
 et Reglation 8 , 18Q5 That it glial j be the duty ()f the g eoretary o f War 
 
 sec. G, iMd. t o establish and enforce proper regulations for the custody, 
 preservation, and care of the monuments now erected or 
 which may be hereafter erected" within the limits of the 
 said national military park; and such rules shall provide 
 for convenient access by visitors to all such monuments 
 within the park, and the ground included therein, on such 
 days and within such hours as may be designated and 
 authorized by the Secretary of War. Sec. 6', ibid. 
 
 8t P r e oyiiig r cl,T. 1806 ' Tuat if an y P erson slia]1 destroy, mutilate, deface, 
 injure, or remove, except by permission of the Secretary of 
 War, any column, statue, memorial structure, or work of 
 
THE MILITARY LAWS OF THE UNITED STATES. 675 
 
 art that shall be erected or placed upon the grounds of the 
 park by lawful authority, or shall destroy or remove any 
 fence, railing, inclosure, or other work for the protection or 
 ornament of said park or any portion thereof, or shall de- 
 stroy, cut, hack, bark, break down, or otherwise injure any 
 tree, bush, or shrubbery that may be growing upon said 
 park, or shall cut down or fell or remove any timber, battle 
 relic, tree or trees, growing or being upon said park, or 
 hunt within the limits of the park, or shall remove or 
 destroy any breastworks, earthworks, walls, or other de- 
 fenses or shelter or any part thereof constructed by the 
 armies formerly engaged in the battles on the land or 
 approaches to the park, or shall violate any regulation 
 made and published by the Secretary of War for the gov- 
 ernment of visitors within the limits of said park, any 
 person so offending and found guilty thereof, before any 
 justice of the peace of the county in which the offense may 
 be committed, shall, for each and every such offense, forfeit 
 and pay a tine, in the discretion of the justice, according 
 to the aggravation of the offense, of not less than five nor 
 more than iive hundred dollars, one-half for the use of the 
 park and the other half to the informer, to be enforced and 
 recovered before such justice in like manner as debts of 
 like nature are now by law recoverable in the county where 
 the offense may be committed. Sec. 7, ibid. 
 
 1807, That the Secretary of War is hereby authorized Bronze tablet 
 and directed to cause to be made a suitable bronze tablet, coin's "address, 
 containing on it the address delivered by Abraham Lin- et s'ec.8,i&<d. 
 coin, President of the United States, at Gettysburg on the 
 nineteenth day of November, eighteen hundred and sixty- 
 three, on the occasion of the dedication of the national 
 cemetery at that place, and such tablet, having on it 
 besides the address a medallion likeness of President Lin- Medallion, 
 coin, shall be erected on the most suitable site within the 
 limits of said park, which said address was in the following 
 words, to wit: 
 
 "Four score and seven years ago our fathers brought inscription, 
 forth on this continent a new nation, conceived in liberty 
 and dedicated to the proposition that all men are created 
 equal. 
 
 "Now we are engaged in a great civil war, testing 
 whether that nation, or any nation so conceived and so 
 dedicated, can long endure. We are met on a great battle- 
 field of that war. We have come to dedicate a portion of 
 that field as a final resting place for those who here gave 
 their lives that that nation might live. It is altogether fit- 
 ting and proper that we should do this. 
 
676 THE MILITARY LAWS OF THE UNITED STATES. 
 
 " But, in a larger sense, we can not dedicate, we can not 
 consecrate, we can not hallow this ground. The brave 
 men, living and dead, who struggled here, have consecrated 
 it far above our poor power to add or detract. The world 
 will little note, nor long remember, what we say here; 
 but it can never forget what they did here. It is for us, 
 the living, rather to be dedicated here to the unfinished 
 work which they who fought here have thus far so nobly 
 advanced. It is rather for us to be here dedicated to the 
 great task remaining before us; that from these honored 
 dead we take increased devotion to that cause for which 
 they gave the last full measure of devotion; that we here 
 highly resolve that these dead shall not have died in vain; 
 that this nation, under God, shall have a new birth of free- 
 dom, and that government of the people, by the people, for 
 the people, shall not perish from the earth." 
 
 And the sum of five thousand dollars, or so much thereof 
 as may be necessary, is hereby appropriated, out of any 
 money in the Treasury not otherwise appropriated, to pay 
 the cost of said tablet and medal lion and pedestal. Sec. 
 8, ibid. 
 Appropriation 1808. That, to enable the Secretary of War to carry out 
 
 for expenses, etc. . ... * -i ,, 
 
 Sec.9,tWd. the purposes of this Act, including the purchase or con- 
 demnation of the land described in sections four and five 
 of this Act, opening, improving, and repairing necessary 
 roads and avenues, providing surveys and maps, * * * 
 seventy-five thousand dollars, or so much thereof as may 
 be necessary, is hereby appropriated, out of any money 
 in the Treasury not otherwise appropriated; and all dis- 
 bursements made under this Act shall require the approval 
 of the Secretary of War, who shall make annual report of 
 the same to Congress. 1 Sec. 9, ibid. 
 
 Monuments, 1809. For the erection of monuments or memorial tablets 
 et Mar. e 3/l887, r f'. for the proper marking of the position of each of the com- 
 mands of the Regular Army engaged at Gettysburg, fifteen 
 thousand dollars, to be expended under the direction of 
 the Secretary of War. Act of March 3, 1887 (24 Mat. L., 
 535). 
 
 The same. 1810. That the appropriation of fifteen thousand dol- 
 
 25^538. 1888 ' v ' lars, made by the act approved March third, eighteen 
 hundred and eighty-seven, for the erection of monu- 
 ments or memorial tablets for the proper marking of the 
 position of each of the commands of the regular Army 
 
 1 Joint Resolution No. 30, June 5, 1894 (28 Stat. L., 584), authorizes the acquisition 
 of lands at Gettysburg by condemnation, under the act of August 1, 1888 (25 Stat. 
 L., 357.) 
 
THE MILITARY LAWS OF THE UNITED STATES. 677 
 
 engaged at Gettysburg, be, and the same is hereby, made 
 available for the purchase of land upon which to erect 
 the monuments and tablets. Act of October 2, 1888 (25 
 Stat. L., 538). 
 
 1811. For the purpose of preserving the lines of battle Monuments 
 
 , . and tablets at 
 
 at Gettysburg, Pennsylvania, and for properly mar king Gettysburg, Pa. 
 
 with tablets the positions occupied by the various com 
 
 mauds of the armies of the Potomac and of Northern Vir 
 
 ginia on that field, and for opening and improving avenues ^ n j e 1 s g 9 e 3 tc ^ r 
 
 along the positions occupied by troops upon those lines, 27^.599. 
 
 and lor fencing the same, and for determining the leading 
 
 tactical positions of batteries, regiments, brigades, divi- 
 
 sions, corps, and other organizations with reference to the 
 
 study and correct understanding of the battle, and to mark 
 
 the same with suitable tablets, each bearing a brief histor 
 
 ical legend, compiled without praise and without censure, 
 
 the sum of twenty-five thousand dollars, to be expended 
 
 under the direction of the Secretary of War. 1 Act of March 
 
 3, 1893 (27 Stat. L., 599). 
 
 1812. That the Secretary of War is hereby authorized specimens of 
 and directed to deliver to the Gettysburg Battlefield Memo- in battle' to bo 
 
 rial Association, at Gettysburg, Pennsylvania, specimens y?, 1392, \. 
 of the arms, equipments, projectiles, uniforms, and other 27 ' p ' 2 
 material of war used by the armies in that battle (so far as 
 may be practicable), for the purpose of exhibiting and pre- 
 serving them for historical purposes in the museum at the 
 house used by Major-General Meade for headquarters, now 
 owned by the said association, or at such other place as the 
 directors of the association may deem proper. And that 
 the transportation to Gettysburg be furnished by the Quar- 
 termaster's Department of the United States from the ap- 
 propriation for the transportation of army supplies. Act 
 of July 27, 1892 (27 Stat. L., 276). 
 
 1813. That the Secretary of War is hereby authorized iu Roads, etc. 
 his discretion to improve and maintain the public roads 29, p. n 384.' 18 ' v> 
 within the limits of the national park at Gettysburg, Penn- 
 sylvania, over which jurisdiction has been or may hereafter 
 be ceded to the United States: Provided, That nothing- 
 contained in this Act shall be deemed and held to prejudice 
 the rights acquired by any State or by any military organ- 
 ization to the ground on which its monuments or markers 
 are placed nor the right of way to the same. Act of June 
 10, 1896 (29 Stat. L., 384). 
 
 'This statute was held to bo constitutional and within the power of Congress by 
 the decision of the Supreme Court of the United States in the case of the United 
 States v. The Gettysburg Electric Railway Company (160 U. S., 668). 
 
678 THE MILITARY LAWS OF THE UNITED STATES. 
 
 surveys i et? ing 1814. For continuing the work of surveying, locating, and 
 Aug. is, i894,v. preserving the lines of battle at Gettysburg, Pennsylvania, 
 and for purchasing, opening, constructing, and improving 
 avenues along the portions occupied by the various com- 
 mands of the armies of the Potomac and Northern Virginia 
 on that field, and for fencing the same; and for the pur- 
 chase, at private sale or by condemnation, of such parcels 
 of land as the Secretary of War may deem necessary for 
 the sites of tablets, and for the construction of the said 
 avenues; for determining the leading tactical positions and 
 properly marking the same with tablets of batteries, regi- 
 ments, brigades, divisions, corps, and other organizations 
 with reference to the study and correct understanding of 
 the battle, each tablet bearing a brief historical legend, 
 compiled without praise and without censure; fifty thou- 
 sand dollars, to be expended under the direction of the 
 Secretary of War. ' Act of August 18, 1894 (28 Stat. L., 405}. 
 
 shiioh National 1815. That iu . order that the armies of the southwest 
 tabiished.** s which served in the civil war, like their comrades of the 
 28 D p 0( 59 2 7 7 ' 1894 ' v ' eastern armies at Gettysburg and those of the central west 
 at Chickamauga, may have the history of one of their 
 memorable battles preserved on the ground where they 
 fought, the battlefield of Shiioh, in the State of Tennessee, 
 is hereby declared to be a national military park, whenever 
 title to the same shall have been acquired by the United 
 States and the usual jurisdiction over the lands and roads 
 of the same shall have been granted to the United States 
 by the State of Tennessee; that is to say, the area inclosed 
 by the following lines, or so much thereof as the commis- 
 sioners of the park may deem necessary, to wit : Beginning 
 at low-water mark on the north bank of Snake Creek 
 where it empties into the Tennessee River; thence west- 
 wardly in a straight line to the point where the river road 
 
 1 The appropriations for the Gettysburg National Park, made in the acts of August 
 18, 1894, and February 11, 1895, to the extent that they provide for objects common 
 to both, are cumulative, while eacli is available for certain objects not provided for 
 in the other. (2 Compt. Dec., 59.) 
 
 The act of June 9, 1880 (21 Stat. L., 170), contained the following provision: "That 
 the sum of tifty thousand dollars, or so much thereof as may be necessary, is hereby 
 appropriated, out of any money in the Treasury not otherwise appropriated, to com- 
 plete the survey of the Gettysburg battle-field ; also, to provide for the compilation 
 of all available data used in locating troops on the engineer maps of that battle; also, 
 to provide diagrams showing the changing movements and positions during the en- 
 gagement; the whole to be done by or under the direction of Mr. John B. Bachelder, 
 author of the position plates of the Government maps of that battle, under the direc- 
 tion of the Secretary of War: Provided, That no part of said sum shall be disbursed 
 by the Secretary of War except for work actually performed or for materials fur- 
 nished for the objects heretofore named; and that" all the maps, data, and materials 
 prepared for, or used for, the work contemplated by this act shall be the property of 
 the Government, to be deposited in the Department of War: And provided further, 
 That the sum hereby appropriated shall be in full satisfaction for all work done and 
 all material collected by the said John Ji. Bachelder." 
 
THE MILITARY LAWS OF THE UNITED STATES. 679 
 
 to Crumps Landing, Tennessee, crosses Snake Creek ; thence 
 along the channel of Snake Creek to Owl Creek; thence 
 along the channel of Owl Creek to the crossing of the road 
 to Purdy, Tennessee; thence southwardly in a straight line 
 to the intersection of an east and west line drawn from 
 the point where the road to Hamburg, Tennessee, crosses 
 Lick Creek, near the mouth of the latter; thence eastward 
 along the said east and west line to the point where the 
 Hamburg Eoad crosses Lick Creek; thence along the chan- 
 nel of Lick Creek to the Tennessee River ; thence along low- 
 water mark of the Tennessee River to the point of begin- 
 ning, containing three thousand acres, more or less, and the 
 area thus inclosed shall be known as the Shiloh National 
 Military Park : Provided, That the boundaries of the land 
 authorized to be acquired may be changed by the said com- 
 missioners. Sec. 1, act of December 27, 1894 (28 Stat. L., 597). 
 
 1816. That the establishment of the Shiloh National Mili- w a 5?V5ii!f 
 tary Park shall be carried forward under the control and lai S oc?viMd. 
 direction of the Secretary of War, who, upon the passage 
 
 of this Act, shall proceed to acquire title to the same either 
 under the Act approved August first, eighteen hundred 
 and eighty-eight, entitled "An Act to authorize the condem- 
 nation of land for sites of public buildings, and for other 
 purposes," or under the Act approved February twenty- 
 seventh, eighteen hundred and sixty-seven, entitled "An 
 Act to establish and protect national cemeteries/ 7 as he 
 may select, and as title is procured to any portion of the 
 lands and roads within the legal boundaries of the park he 
 may proceed with the establishment of the park upon such 
 portions as may thus be acquired. Sec. 2, ibid. 
 
 1817. That the Secretary of War is hereby authorized to t] ^ r e f z s e X' etc " au ' 
 enter into agreements whereby he may lease, upon such Sec - 3 i&ld - 
 terms as he may prescribe, with such present owners or 
 
 tenants of the lands as may desire to remain upon it, to 
 occupy and cultivate their present holdings upon condition 
 that they will preserve the present buildings and roads and 
 the present outlines of field and forest, and that they only 
 will cut trees or underbrush under such regulations as the 
 Secretary may prescribe, and that they will assist in caring 
 for and protecting all tablets, monuments, or such other 
 artificial works as may from time to time be erected by 
 proper authority. Sec. 3, ibid. 
 
 1818. That the affairs of the Shiloh National Military 
 Park shall, subject to the supervision and direction of the 
 Secretary of War, be in charge of three commissioners, to 
 be appointed by the Secretary of War, each of whom shall 
 
680 THE MILITARY LAWS OF THE UNITED STATES. 
 
 have served at the time of the battle in one of the armies 
 engaged therein, one of whom shall have served in the 
 Army of the Tennessee, commanded by General U. S. 
 Grant, who shall be chairman of the commission ; one in 
 the Army of the Ohio, commanded by General D. 0. Buell; 
 and one in the Army of the Mississippi, commanded by 
 General A. S. Johnston. The said commissioners shall 
 have an office in the War Department building, and while 
 ^Compensation, on actual duty shall be paid such compensation out of the 
 appropriations provided by this Act as the Secretary of 
 War shall deem reasonable and just; and for the purpose 
 of assisting them in their duties and in ascertaining the 
 lines of battle of all troops engaged and the history of 
 their movements in the battle, the Secretary of War shall 
 have authority to employ, at such compensation as he may 
 deem reasonable, to be paid out of the appropriations made 
 by this Act, some person recognized as well informed con- 
 cerning the history of the several armies engaged at Shiloh, 
 and who shall also act as secretary of the commission. Sec. 
 4, ibid. 
 
 Duty of com- igio. That it shall be the duty of the commission named 
 
 mission. 
 
 sec. 5, ibid. i n the preceding section, under the direction of the Sec- 
 retary of War. to open or repair such roads as may be nec- 
 essary to the purposes of the park, and to ascertain and 
 mark with historical tablets or otherwise, as the Secretary 
 of War may determine, all lines of battle of the troops 
 engaged in the battle of Shiloh and other historical points 
 of interest pertaining to the battle within the park or its 
 vicinity, and the said commission in establishing this mili- 
 tary park shall also have authority, under the direction of 
 the Secretary of War, to employ such labor and services 
 and to obtain such supplies and material as may be nec- 
 essary to the establishment of the said park under such 
 regulations as he may consider best for the interest of the 
 Government, and the Secretary of War shall make and 
 enforce all needed regulations for the care of the park. 
 Sec. 5, ibid. 
 
 1820. That it shall be lawful for any State that had troops 
 engaged in the battle of Shiloh to enter upon the lauds of 
 the Shiloh National Military Park for the purpose of ascer- 
 taining and marking the lines of battle of its troops 
 engaged therein: Provided, That before any such lines are 
 permanently designated the position of the lines and the 
 proposed methods of marking them by monuments, tablets, 
 or otherwise shall be submitted to and approved by the Sec- 
 retary of War, and all such lines, designs and inscriptions 
 
THE MILITARY LAWS OF THE UNITED STATES. 681 
 
 for the same shall first receive the written approval of the 
 Secretary, which approval shall be based upon formal 
 written reports, which must be made to him in each case 
 by the commissioners of the park : Provided. That no D i scrim ina- 
 
 ,7 . . ,. , . . ,. lions forbidden. 
 
 discrimination shall be made against any State as to the 
 manner of designating lines, but any grant made to any 
 State by the Secretary of War may be used by any other 
 State. Sec. 6, ibid. 
 
 1821. That if any person shall, except by permission 
 the Secretary of War, destroy, mutilate, deface, injure, or 
 remove any monument, column, statues, memorial struc- 
 tures, or work of art that shall be erected or placed upon 
 the grounds of the park by lawful authority, or shall 
 destroy or remove any fence, railing, inclosure, or other 
 work for the protection or ornament of said park, or any 
 portion thereof, or shall destroy, cut, hack, bark, break 
 down, or otherwise injure any tree, bush, or shrubbery that 
 may be growing upon said park, or shall cut down or fell or 
 remove any timber, battle relic, tree or trees growing or 
 being upon said park, or hunt within the limits of the park, 
 or shall remove or destroy any breastworks, earthworks, 
 walls, or other defenses or shelter on any part thereof con- 
 structed by the armies formerly engaged in the battles on 
 the hinds or approaches to the park, any person so oft'end- 
 ing and found guilty thereof, before any justice of the 
 peace of the county in which the offense may be committed 
 or any court of competent jurisdiction shall for each and 
 every such offense forfeit and pay a fine, in the discretion 
 of the justice, according to the aggravation of the offense, 
 of not less than five nor more than fifty dollars, one-half 
 for the use of the park and the other half to the informer, 
 to be enforced and recovered before such justice in like 
 manner as debts of like nature are now by law recoverable 
 in the several counties where the offense may be committed. 
 Sec. 7, ibid. 
 
 1822. That to enable the Secretary of War to begin to 
 
 carry out the purpose of this Act, including the condernna- sec. s, <w* 
 tiou or purchase of the necessary land, marking the bound- 
 aries of the park, opening or repairing necessary roads, 
 restoring the field to its condition at the time of the battle, 
 maps and surveys, and the pay and expenses of the com- 
 missioners and their assistant, the sum of seventy-five 
 thousand dollars, or such portion thereof as may be neces- 
 sary, is hereby appropriated, out of any moneys in the 
 Treasury not otherwise appropriated, and disbursements 8 b u r 8 e ' 
 under this Act shall require the approval of the Secretary 
 
682 THE MILITARY LAWS OF THE UNITED STATES. 
 
 of War, and he shall make annual report of the same to 
 Congress. Sec. 8, ibid. 
 Location of 1823. The commissioners appointed under the Act of 
 
 oflico; limitation 
 
 on purchases ofQongress approved December twenty-seventh, eighteen 
 Mar. 2, 1895, hundred and ninety -four, to have charge, under the Secre- 
 tary of War, of the affairs of the Shiloh National Military 
 Park, shall have their office at Pittsburg Landing. Tennes- 
 see, or at such other point convenient to the battlefield of 
 Shiloh, Tennessee, as the Secretary of War may direct; 
 and the limit of cost of all the lands to be embraced in the 
 said park is hereby fixed at not to exceed twenty thousand 
 dollars. Act of March 2, 1895 (28 Stat. L., 945}. 
 
 caSnon d an?baut 1824< And tne Secretar y of War and the Secretary of the 
 
 to j b unl ur i n i l8l i896 -^ avv are hereby authorized to deliver to the Commissioners 
 
 v. 29, p. 442. ' of the Shiloh National Military Park, at the park, upon 
 
 the requisition of said Commissioners, such condemned 
 
 cannon, cannon balls, and shells as may be needed for the 
 
 purposes of the park. Act of June 11, 1896 (29 Stat. L., 442). 
 
 THE ANTIETAM BATTLEFIELD. 
 
 et^'ifnes'oVbaf' 1825. For the purpose of surveying, locating, and pre- 
 tie, etc. serving the lines of battle of the Army of the Potomac and 
 
 Aug. 30, 1890, v. 
 
 26, p. 401. of the Army of Northern Virginia at Antietam, and for 
 
 marking the same, and for locating and marking the posi- 
 tion of each of the forty-three different commands of the 
 Regular Army engaged in the battle of Antietam, and for 
 the purchase of sites for tablets for the marking of such 
 positions, fifteen thousand dollars. And all lands acquired 
 by the United States for this purpose, whether by pur- 
 chase, gift, or otherwise, shall be under the care and super- 
 vision of the Secretary of War. Act of August 30, 1890 
 (26 Stat. L., 401). 
 
 u5i892' v 1826. For the purpose of surveying, locating, and pre- 
 27, p. 377.' serving the lines of battle of the Army of the Potomac and 
 of the Army of Northern Virginia at Antietam, and for 
 marking the same, and for locating and marking the posi- 
 tions of each of the forty-three different commands of the 
 regular Army engaged in the battle of Antietam, and for 
 the purchase of sites for tablets for the marking of such 
 position, as follows : 
 
 For cost of one hundred and fourteen tablets, transport- 
 ing and setting up of same, purchase of one hundred and 
 fourteen sites for tablets, salaries of board, including office 
 rent, hire of vehicles, mileage, and for condemnation of 
 land and acquiring title for same, in all, sixteen thousand 
 three hundred and ten dollars : Provided, That in acquiring 
 
THE MILITARY LAWS OF THE UNITED STATES. 683 
 
 land for the sites for tablets on the battlefield, the Secre- 
 tary of War is authorized to proceed in accordance with 
 act approved March third, eighteen hundred and ninety- 
 one, making appropriations for Sundry Civil expenses 
 under title " Chickamauga and Chattanooga National ' 
 Park." Act of August 5, 1890 (27 Stat. L., 401). 
 
 1327. For continuing the work of surveying, locating, ^Marking lines, 
 and preserving lines of battle of the Army of the Potomac ^"J^- 189: *- v - 
 and of the Army of Northern Virginia, at Antietam, and 
 for locating and marking the positions of the forty -three 
 different commands of the regular Army engaged in the 
 battle of Antietam, and for purchase of sites for tablets 
 for marking the same, and for the purchase of roadway to 
 tablets as follows: For the purchase of fifty additional 
 tablets, and transporting and setting up same; purchase 
 of fifty additional sites for tablets j salaries of board, in- 
 cluding office rent, hire of vehicles, and mileage, and for 
 the condemnation of the land and acquiring title of the 
 same, and for the purchase of land for roadway from a Roadway. 
 point on the Sharpsburg and Hagerstown turnpike to a 
 point on the Sharpsburg and Boonsboro turnpike (said 
 land is known as the Bloody Lane or Sunken Eoad), and 
 for repairing and fencing in said road way; fifteen thousand 
 dollars : Provided, That the Secretary of War is authorized 
 to supply at Autietam such number of cannon and cannon cannon, etc., 
 
 , -. . . , , for marking po- 
 
 balls as his judgment may approve, and which can besitious. 
 spared, for the purpose of marking the positions of the 
 different commands engaged in the battle of Antietam. 
 Act of March 5, 1893 (27 Stat. L., 599). 
 
 1828. For completing the work of locating, preserving, continuing 
 and marking the lines of battle at Autietam, and for prop- w Sar. 2, 1395, v. 
 erly marking with tablets, each bearing a brief historical 28 ' 1 '' 951 
 legend compiled without praise and without censure, the 
 position occupied by the several commands of the Armies 
 of the Potomac and of Northern Virginia on that field, 
 and for opening and improving avenues along the positions 
 occupied by troops upon those lines, and for fencing the 
 same, nine thousand four hundred and twenty-one dollars, 
 to be immediately available, and to be expended under the 
 direction of the Secretary of War : Provided, That the Sec- 
 retary of War be, and he is hereby, authorized to supply 
 fifty unserviceable wooden field-gun carriages, of the type Gun carriages. 
 used during the civil war, for the purpose of marking the 
 positions occupied by batteries of artillery on the said field. 
 Act of March 2, 1895 (28 Stat. L., 950). 
 
684 THE MILITARY LAWS OF THE UNITED STATES. 
 
 South Moun- 1829. For completing the work of locating, preserving, 
 Ferry, Cramp- and marking the positions of troops and lines of battle of 
 shepherds'town. the Union and Confederate armies at Antietam, and the 
 29,p. n 443.' 'closely related battles of Harpers Ferry, South Mountain, 
 Cramptons Gap, and Shepherdstown, the said lines and 
 positions to be marked with cast-iron tablets, each bearing 
 a brief historical legend compiled without praise and with- 
 out censure ; for improvement of roads owned by the United 
 States at Antietam ; for monuments of cannon balls and 
 bases therefor to mark the localities where six general 
 officers were killed ; for completing the observatory towers ; 
 for guideposts; for preparing and publishing maps indicat- 
 ing the movements and positions of troops engaged in the 
 battles and in the Antietam campaign; and for services 
 and materials incidental to the foregoing, seventeen thou- 
 sand dollars, to be expended under the direction of the 
 Secretary of War. Act of June 11, 1896 (29 Stat. L., 443). 
 
 THE YELLOWSTONE NATIONAL PARK. 
 
 LIMITS OF THE PARK. 
 
 Public park 1830. The tract of land in the Territories of Montana and 
 the head wai era Wyoming. Ivinff near the head-waters of the Yellowstone 
 
 of the Yellow- _/ ., , 
 
 stone River. River, and described as follows, to wit, commencing at the 
 84, 8.Tv. IT, p. 82.' junction of Gardiner's Eiver with the Yellowstone River, 
 jjec.2474, 8. a ^ running east to the meridian passing ten miles to the 
 eastward of the most eastern point of Yellowstone Lake; 
 thence south along said meridian to the parallel of latitude 
 passing ten miles south of the most southern point of Yel- 
 lowstone Lake; thence west along said parallel to the 
 meridian passing fifteen miles west of the most western 
 point of Madison Lake; thence north along said meridian 
 to the latitude of the junction of the Yellowstone and Gar- 
 diner's Rivers; thence east to the place of beginning, is 
 reserved and withdrawn from settlement, occupancy, or 
 sale under the laws of the United States, and dedicated 
 and set apart as a public park or pleasuring-ground for the 
 benefit and enjoyment of the people; and all persons who 
 locate, or settle upon, or occupy any part of the land thus 
 set apart as a public park, except as provided in the fol- 
 lowing section, shall be considered trespassers and removed 
 therefrom. 1 
 secretary of 1831. Such public park shall be under the exclusive con- 
 
 the Interior to 
 
 have exclusive trol of the Secretary of the Interior, whose duty it shall be, 
 
 control ot the 
 
 park ; removal of 
 
 trespassers. iBy Executive proclamations No. 6, of March 30, 1891 (26 Stat. L., 23), and No. 6, 
 
 Sec. 2, ibid. of September 10, 1891 (27 Stat. L., 11), two tracts of land adjoining the Yellowstone 
 Sec. 2475) B S. Park in Wyoming were added to the reservation authorized by this section. 
 
THE MILITARY LAWS OF THE UNITED STATES. 685 
 
 as soon as practicable, to make and publish such regu- 
 lations as lie may deem necessary or proper for the care 
 and management of the same. Such regulations shall pro- 
 vide for the preservation, from injury or spoliation, of all 
 timber, mineral deposits, natural curiosities, or wonders, 
 within the park, and their retention in their natural con- 
 dition. The Secretary may, in his discretion, grant leases 
 for building purposes for terms not exceeding ten years, of 
 small parcels of ground, at such places in the park as may 
 require the erection of buildings for the accommodation of 
 visitors 5 all of the proceeds of such leases, and all other 
 revenues that may be derived from any source connected 
 with the park, to be expended under his direction in the 
 management of the same, and the construction of roads 
 and bridle-paths therein. He shall provide against the 
 wanton destruction of the fish and game found within the 
 park, and against their capture or destruction for the pur- 
 pose of merchandise or profit. He shall also cause all persons 
 trespassing upon the same to be removed therefrom, and 
 generally is authorized to take all such measures as may 
 be necessary or proper to fully carry out the objects and 
 purposes of this section. 
 
 JURISDICTION. 
 
 1832. That the State of Wyoming is hereby declared to Wyoming ad- 
 
 mitted as a new 
 
 be a State of the United States of America, and is hereby state, 
 declared admitted into the Union on an equal footing withi890,v,26,p.222.' 
 the original States in all respects whatever; and that the 
 constitution which the people of Wyoming have formed for constitution 
 
 ratified, etc. 
 
 themselves be, and the same is hereby, accepted, ratified, 
 and confirmed. Sec. 1, act of July 10, 1890 (26 Stat. L., 222). 
 
 1833. That the said State shall consist of all the terri- . state bound * 
 
 rlcS. 
 
 tory included within the following boundaries, to wit: 
 Commencing at the intersection of the twenty-seventh 
 meridian of longitude west from Washington with the 
 forty-fifth degree of north latitude and running thence 
 west to the thirty-fourth meridian of west longitude; 
 thence south to the forty-first degree of north latitude; 
 thence east to the twenty- seventh meridian of west longi- 
 tude, and thence north to the .place of beginning : Provided, 
 That nothing in this act contained shall repeal or affect to 
 any act of Congress relating to the Yellowstone National ^ tional Park> 
 Park, or the reservation of the park as now defined, or as 
 may be hereafter defined or extended, or the power of the 
 United States over it; and nothing contained in this act 
 shall interfere with the right and ownership of the 
 
686 THE MILITARY LAWS OF THE UNITED STATES. 
 
 / 
 
 States in said park and reservation as it now is or may 
 
 hereafter be denned or extended by law; but exclusive 
 
 Legislation, legislation, in all cases whatsoever, shall be exercised by 
 
 jurisdiction. tlie United States, which shall have exclusive control and 
 
 Lawful state jurisdiction over the same: but nothing in this proviso 
 
 process may be 1 ' ' 
 
 served. contained shall be construed to prevent the service within 
 
 said park of civil and criminal process lawfully issued by 
 
 NO indemnity the authority of said State ; and the said State shall not 
 
 those in'park. or be entitled to select indemnity school lands for the six- 
 
 teenth and thirty-sixth sections that may be in said park 
 
 reservation as the same is now denned or may be hereafter 
 
 denned. Sec. 2, ibid. 
 
 I 
 
 PROTECTION OF BIRDS AND ANIMALS. 
 
 sole juristic- 1834. That the Yellowstone National Park, as its bounda- 
 
 tion of United 
 
 states. ^ ries now are defined, or as they may be hereafter defined 
 
 28, p. 73. ' or extended, shall be under the sole and exclusive juris- 
 
 diction of the United States; and that all the laws appli- 
 
 cable to places under the sole and exclusive jurisdiction 
 
 of the United States shall have force and effect in said 
 
 park : Provided, however, That nothing in this Act shall be 
 
 construed to forbid the service in the park of any civil or 
 
 state process, criminal process of any court having jurisdiction in the 
 
 States of Idaho, Montana, and Wyoming. All fugitives 
 
 from justice taking refuge in said park shall be subject to 
 
 the same laws as refugees from justice found in the State 
 
 of Wyoming. Sec. 1, act of May 7, 1894 (28 Stat. L., 73). 
 
 w^oS^judf 1835> That said P ark > for a11 the Purposes of this Act, 
 
 Ci sec i 2 t <wd sua ll constitute a part of the United States judicial dis- 
 
 trict of Wyoming, and the district and circuit courts of 
 
 the United States in and for said district shall have juris- 
 
 diction of all offenses committed within said park. Sec. 2, 
 
 ibid. 
 
 1836> That if an y offen se shall be committed in said 
 Ye ll wstone National Park, which offense is not prohibited 
 or the punishment is not specially provided for by any 
 law of the United States or by any regulation of the Secre- 
 tary of the Interior, the offender shall be subject to the 
 same punishment as the laws of the State of Wyoming in 
 force at the time of the commission of the offense may pro- 
 vide for a like offense in the said State; and no subsequent 
 repeal of any such law of the State of Wyoming shall 
 affect any prosecution for said offense committed within 
 said park. Sec. 3, ibid. 
 
 hiSSn ibi fisSn f * 83 ^ That all hunting, or the killing, wounding, or cap- 
 
 et sec 4 \bid "' Curing at any time of any bird or wild animal, except 
 
 dangerous animals, when it is necessary to prevent them 
 
THE MILITARY LAWS OF THE UNITED STATES. 687 
 
 from destroying human life or inflicting an injury, is pro- 
 
 hibited within the limits of said park; nor shall any fish 
 
 be taken out of the waters of the park by means of seines, 
 
 nets, traps, or by the use of drugs or any explosive sub- 
 
 stances or compounds, or in any other way than by hook 
 
 and line, and then, only at such seasons and in such times 
 
 and manner as may be directed by the Secretary of the 
 
 Interior. That the Secretary of the Interior shall make 
 
 and publish such rules and regulations as he may deem Regulations. 
 
 necessary and proper for the management and care of 
 
 the park and for the protection of the property therein, 
 
 especially for the preservation from injury or spoliation of 
 
 all timber, mineral deposits, natural curiosities, or wonder- 
 
 ful objects within said park; and for the protection of the 
 
 animals and birds in the park, from capture or destruction, 
 
 or to prevent their being frightened or driven from the 
 
 park; and he shall make rules and regulations governing 
 
 the taking of fish from the streams or lakes in the park. 
 
 Possession within the said park of the dead bodies, or any ^atfon 166 f 
 
 part thereof, of any wild bird or animal shall be prima 
 
 facie evidence that the person or persons having the same 
 
 are guilty of violating this Act. Any person or persons, or Penalty 
 
 lawful transpor- 
 
 stage or express company or railway company, receiving tation, etc. 
 for transportation any of the said animals, birds, or fish so 
 killed, taken, or caught shall be deemed guilty of a mis 
 demeanor, and shall be fined for every such offense not 
 exceeding three hundred dollars. Any person found guilty 
 of violating any of the provisions of this Act or any rule or 
 regulation that may be promulgated by the Secretary of 
 the Interior with reference to the management and care 
 of the park, or for the protection of the property therein, 
 for the preservation from injury or spoliation of timber, 
 mineral deposits, natural curiosities or wonderful objects 
 within said park, or for the protection of the animals, 
 birds and fish in the said park, shall be deemed guilty of a 
 misdemeanor, and shall be subjected to a fine of not more 
 than one thousand dollars or imprisonment not exceeding 
 two years, or both, and be adjudged to pay all costs of the 
 proceedings. 
 
 1838. That all guns, traps, teams, horses, or means of Forfeiture of 
 
 , . , guns, trapa, etc. 
 
 transportation of every nature or description used by any 
 person or persons within said park limits when engaged in 
 killing, trapping, ensnaring, or capturing such wild beasts, 
 birds, or wild animals shall be forfeited to the United 
 States, and may be seized by the officers in said park and 
 held pending the prosecution of any person or persons 
 arrested under charge of violating the provisions of this 
 
688 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Act, and upon conviction under this Act of such person or 
 persons using said guns, traps, teams, horses, or other 
 means of transportation such forfeiture shall be adjudi- 
 cated as a penalty in addition to the other punishment 
 provided in this Act. Such forfeited property shall be dis- 
 posed of and accounted for by and under the authority of 
 the Secretary of the Interior. Sec. 4, ibid. 
 commissioner. 1339. ^hat the United States circuit court in said dis- 
 
 Sec. 5, ^b^d. 
 
 trict shall appoint a commissioner, who shall reside in the 
 park, who shall have jurisdiction to hear and act upon all 
 complaints made, of any and all violations of the law, or 
 of the rules and regulations made by the Secretary of the 
 Interior for the government of the park, and for the pro- 
 tection of the animals, birds, and fish and objects of interest 
 therein, and for other purposes authorized by this Act. 
 
 Dutiea. Such commissioner shall have power, upon sworn informa- 
 
 tion, to issue process in the name of the United States for 
 the arrest of any person charged with the commission of 
 any misdemeanor, or charged with the violation of the 
 rules and regulations, or with the violation of any provi- 
 sion of this Act prescribed for the government of said 
 park, and for the protection of the animals, birds, and fish 
 in the said park, and to try the person so charged, and, if 
 found guilty, to impose the punishment and adjudge the 
 
 Appeals. forfeiture prescribed. In all cases of conviction an appeal 
 shall lie from the judgment of said commissioner to the 
 United States district court for the district of Wyoming, 
 said appeal to be governed by the laws of the State of 
 Wyoming providing for appeals in cases of misdemeanor 
 from justices of the peace to the district court of said 
 State; but the United States circuit court in said district 
 may prescribe rules of procedure and practice for said com- 
 missioner in the trial of cases and for appeal to said United 
 in fel - States district court. Said commissioner shall also have 
 power to issue process as hereinbefore provided for the 
 arrest of any person charged with the commission of any 
 felony within the park, and to summarily hear the evidence 
 introduced, and, if he shall determine that probable cause 
 is shown for holding the person so charged for trial, shall 
 cause such person to be safely conveyed to a secure place 
 for confinement, within the jurisdiction of the United 
 States district court in said State of Wyoming, and shall 
 certify a transcript of the record of his proceedings and 
 the testimony in the case to the said court, which court 
 shall have jurisdiction of the case: Provided, That the said 
 
 Ban, etc. commissioner shall grant bail in all cases bailable under 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 689 
 
 the laws of the United States or of said State. All process 
 issued by the commissioner shall be directed to the mar- 
 shal of the United States for the district of Wyoming; but 
 nothing herein contained shall be construed as preventing 
 the arrest by any officer of the Government or employee 
 of the United States in the park without process of any 
 person taken in the act of violating the law or any regula- 
 tion of the Secretary of the Interior: Provided, That the 
 said commissioner shall only exercise such authority and 
 powers as are conferred by this Act. Sec. 5, ibid. 
 
 1840. That the marshal of the United States for the dis- 
 trict of Wyoming may appoint one or more deputy marshals 
 for said park, who shall reside in said park, and the said 
 United States district and circuit courts shall hold one 
 session of said courts annually at the town of Sheridan in 
 the State of Wyoming, and may also hold other sessions at 
 any other place in said State of Wyoming or in said National 
 Park at such dates as the said courts may order. Sec. 6, 
 ibid. 
 
 1841. That the commissioner provided for in this Act 
 shall, in addition to the fees allowed by law to commission- 
 ers of the circuit courts of the United States, be paid an 
 annual salary of one thousand dollars, payable quarterly, 
 and the marshal of the United States and his deputies, and 
 the attorney of the United States and his assistants in said 
 district, shall be paid the same compensation and fees as 
 are now provided by law for like services in said district. 
 Sec. 7, ibid. 
 
 1842. That all costs and expenses arising in cases under 
 this Act, and properly chargeable to the United States, 
 shall be certified, approved, and paid as like costs and 
 expenses in the courts of the United States are certified, 
 approved, and paid under the laws of the United States. 
 Sec. 5, ibid. 
 
 1843. That the Secretary of the Interior shall cause to 
 be erected in the park a suitable building to be used as a 
 jail, and also having in said building an office for the use 
 of the commissioner, the cost of such building not to 
 exceed five thousand dollars, to be paid out of any moneys 
 in the Treasury not otherwise appropriated upon the cer- 
 tificate of the Secretary as a voucher therefor. Sec. 9, ibid. 
 
 1844. That this Act shall not be construed to repeal 
 existing laws conferring upon the Secretary of the Interior 
 and the Secretary of War certain powers with reference 
 to the protection, improvement, and control of the said 
 Yellowstone National Park. Sec. 10, ibid. 
 
 1919 44 
 
 Summary ar- 
 rests. 
 
 Limit of au- 
 thority. 
 
 Deputy mar- 
 shals. 
 Sec. 6, ibid. 
 
 Terms of court. 
 
 Fees: etc. 
 Sec. 7, ibid. 
 
 Costs, etc. 
 Sec. 8, ibid. 
 
 Jail. 
 
 Existing la-ws. 
 
690 THE MILITARY LAWS OF THE UNITED STATES. 
 
 EMPLOYEES. 
 
 Employees. 1845. For every purpose and object necessary for the 
 
 22,p a 62oi July 7,' protection, preservation, and improvement of the Yellow- 
 
 884, v. 23, P . 499. ^ Q ^ Q National Park, including compensation of superin- 
 
 tendent and employees, forty thousand dollars, two thou- 
 sand dollars of said amount to be paid annually to a 
 superintendent of said park and not exceeding nine hun- 
 dred dollars annually to each of ten assistants, all of whom 
 shall be appointed by the Secretary of the Interior, and 
 reside continuously in the park and whose duty it shall be 
 to protect the game, timber, and objects of interest therein; 
 the balance of the sum appropriated to be expended in 
 the construction and improvement of suitable roads and 
 bridges within said park, under the supervision and direc- 
 tion of an engineer officer detailed by the Secretary of War 
 for that purpose. 1 Act of March 3, 1883 (22 Stat. !>., 626). 
 
 LEASES^ 
 
 Lease of 1846. That the Secretary of the Interior is hereby author- 
 grounds ; condi- 
 tions. j ze d and empowered to lease to any person, corporation, or 
 
 Mar. 3, 1883, v. . _ 
 
 22, p. 626; Aug. 3, company, for a period not exceeding ten years, at such 
 annual rental as the Secretary of the Interior may deter- 
 mine, parcels of land in the Yellowstone National Park, of 
 not more than ten acres in extent for each tract and not in 
 excess of twenty acres in all to any one person, corpora- 
 tion, or company on which may be erected hotels and nec- 
 Naturai curi essarv outbuildings : Provided, That such lease or leases 
 
 osities excluded. _, J . 
 
 shall not include any of the geysers or other objects of 
 curiosity or interest in said park, or exclude the public 
 from free and convenient approach thereto or include any 
 ground within one-eighth of a mile of any of the geysers 
 or the Yellowstone Falls, the Grand Canyon, or the Yellow- 
 stone River, Mammoth Hot Springs, or any object of curi- 
 osity in the park. Act of August 5, 1894 (28 Stat. L., 222}. 
 ^The same sub- 1847. That such leases shall not convey, either expres- 
 Aug. 3, 1894, v. gively or by implication, any exclusive privilege within the 
 park except upon the premises held thereunder and for the 
 time therein granted. Every lease hereafter made for any 
 property in said park shall require the lessee to observe 
 
 i The act of June 16, 1880 (21 Stat. L., 273), contained an appropriation of $15,000 
 for the care and preservation of the park. The act of March 3, 1881 (chap. 132, 21 
 Stat. L., 421), contained an appropriation of $89.76, and chapter 134 of the same act 
 (21. Stat. L., 421) contained an appropriation of $15,000 for a similar purpose. The 
 act of August5, 1882(21 Stat. L., 276), contained an appropriation of $155 for de- 
 ficiencies. The act of August?, 1882 (22 Stat. L., 329), contained an appropriation 
 of $18,380.41 for care and preservation and provided for the office of superintendent. 
 The provisions of this statute were repeated in the act of March 3, 1885 (23 Stat. 
 L., 499). 
 
THE MILITARY LAWS OF THE UNITED STATES. 691 
 
 and obey each and every provision in any Act of Congress, 
 and every rule, order, or regulation made, or which may 
 hereafter be made and published by the Secretary of the 
 Interior concerning the use, care, management, or govern- 
 ment of the park, or any object or property therein, under 
 penalty of forfeiture of such lease, and every such lease 
 shall be subject to the right of revocation and forfeiture, 
 which shall therein be reserved by the Secretary of the 
 Interior: And provided further. That persons or corpora- 
 tions now holding leases of ground in the park may, upon 
 the surrender thereof, be granted new leases hereuuder, 
 and upon the terms and stipulations contained in their 
 present leases, with such modifications, restrictions, and 
 reservations as the Secretary of the Interior may prescribe. 
 This act, however, is not to be construed as mandatory 
 upon the Secretary of the Interior, but the authority herein 
 given is to be exercised in his sound discretion. Ibid. 
 
 1848. The Secretary of War, upon the request of the tr ^ 8 * Vto., for 
 Secretary of the Interior, is hereby authorized and directed v*^ e c * ion of 
 to make the necessary details of troops to prevent tres- 22 Ma 62|' 1883) v ' 
 passers or intruders from entering the park for the purpose 
 
 of destroying the game or objects of curiosity therein, or 
 for any other purpose prohibited by law, and to remove 
 such persons from the park if found therein. Act of March 
 3, 1883 (22 Mat. L., 626). 
 
 1849. For the construction and improvement of suitable Construction 
 
 of roads and 
 
 roads and bridges within the park, under the supervision bridges. 
 and direction of an engineer officer detailed by the Secre- 24, p"fio.' 
 tary of War for that purpose, twenty thousand dollars. 1 
 Act of August 4, 1886 (24 Stat. L., 240). 
 
 1850. For the improvement of the Yellowstone National 
 
 Park, seventy-five thousand dollars, the same, together Mar. 3, i89i, v. 
 
 with the unexpended balance of appropriations already 
 
 made, to be expended by and under the direction of the 
 
 Secretary of War. For the repair, maintenance, reloca- 
 
 tion, and completion of roads, bridges, and paths already 
 
 in use and necessary to reach objects of natural interest in 
 
 the Park; * * * any unexpended balance to be applied 
 
 to the construction of additional roads, bridges, footways, 
 
 and bridle paths, as the public service may require, in the 
 
 discretion of the Secretary of War. Act of March 3, 1891 
 
 (26 Stat. L., 977). 
 
 JThe provisions of this statute were repeated in the acts of August 6, 1886 (24 
 Stat. L M 240) ; October 9,1888, which appropriated the sum of $25,000 for road and 
 bridge construction and supervision; March 2,1889 (25 Stat. L., 962), which appro- 
 priated the sum of $50,000 for road and bridge construction and for the improvement 
 of roads within the park. 
 
692 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Completing, 1851. For completing the road from Upper Geyser Basin 
 
 etc., roads, etc. 
 
 AUR. so, isoo.v. to and around Shoshone Lake; thence across the Conti- 
 nental Divide to Yellowstone Lake and River, and down 
 the latter to the Grand Canyon; thence to Yancey's, to 
 intersect the road from Cook City to Mammoth Hot Springs ; 
 in completing; the Gibbon and Madison Canyon roads; in 
 improving and maintaining the old road from Lower Basin 
 and Firehole to the Falls of the Yellowstone; in maintain- 
 ing roads and bridges generally throughout the park, and 
 in making some small extensions to existing roads, sev- 
 enty-five thousand dollars: Provided, That not less than 
 fifty thousand dollars of this appropriation shall be ex- 
 pended for work to be let in sections, after advertisement, 
 to the lowest responsible bidder or bidders therefor, to be 
 executed under the supervision and inspection of an engi- 
 neer officer of the Army under the direction of the Secretary 
 of War. Act of August 30, 1890 (26 Stat. L., 398). 
 
 ro5fs p etc ir ' et M 1852. For the improvement of the Yellowstone National 
 
 Mai^s, i89i,v. Park, seventy-five thousand dollars, the same, together 
 
 with the unexpended balance of appropriations already 
 
 made, to be expended by and under the direction of. the 
 
 Secretary of War. 
 
 For the repair, maintenance, relocation, and completion 
 of roads, bridges, and paths already in use and necessary 
 to reach objects of natural interest in the Park; 
 
 For the construction of a road from Grand Canon to 
 Yellowstone Lake outlet, thence to the thumb of the Yel- 
 lowstone Lake, thence by the shortest practicable route to 
 Fountain Geyser ; any unexpended balance to be applied 
 to the construction of additional roads, bridges, footways, 
 and bridle paths, as the public service may require, in the 
 discretion of the Secretary of War. Act of March 3, 1891 
 (26 Stat. L., 977). 
 
 ^improvement, 1953 p or the improvement of the Yellowstone National 
 Park, forty-five thousand dollars ; the same to be expended 
 by, and under the direction of the Secretary of War: Pro- 
 vided, That fifteen thousand dollars of this amount, or so 
 much thereof as may be necessary may be expended, in 
 the discretion of the Secretary of War, for the construction 
 of a road from the Upper Geyser Basin to a point on Snake 
 River where it crosses the southern boundary of the park. 1 
 Act of August 5, 1892 (27 Stat. L., 376). 
 1854. For the improvement of the Yellowstone National 
 
 28, p. 403. Park, to be expended under the direction of the Secretary 
 
 of War, thirty thousand dollars. 
 
 1 The act of March 3, 1893 (27 Stat. I,., 598), appropriated the sum of $30,000 for the 
 improvement of the park, to be expended under the direction of the Secretary of 
 
THE MILITARY LAWS OF THE UNITED STATES. 693 
 
 For salary of commissioner provided for in the Act to 
 protect the birds and animals in Yellowstone National 
 Park and to punish crimes in said park, approved May 
 seventh, eighteen hundred and ninety-four, one thousand 
 dollars. Act of August 1$, 1894 (28 Stat. L., 403). 
 
 1855. For the improvement and protection of the Yellow- improvements, 
 stone National Park, to be expended by and under the 6 Mar. 2, ISQS, v. 
 direction of the Secretary of War, thirty thousand dollars. 
 
 For salary of commissioner provided for in the Act to 
 protect the birds and animals in Yellowstone National 
 Park and to punish crimes in said park, approved May 
 seventh, eighteen hundred and ninety-four, one thousand 
 dollars. Act of March 2, 1895 (28 Stat. L., 945). 
 
 FOREST RESERVATIONS. 
 
 1856. Whereas, the rapid destruction of timber and oriia- Preamble, 
 mental trees in various parts of the United States, some Big trees, 
 of which trees are the wonders of the world on account of 
 
 their size and the limited number growing, makes it a mat- 
 ter of importance that at least some of said forests should 
 be preserved : Therefore 
 
 Be it enacted by the Senate and House of Representatives 
 of the United States of America in Congress assembled , Tliat 
 the tract of land in the State of California known and 
 
 o6pt. J5, 1890, V. 
 
 described as township numbered eighteen south, of range 26, p. 478. 
 numbered thirty east, also township eighteen south range 
 thirty-one east; and sections thirty-one, thirty-two, thirty- 
 three, and thirty-four, township seventeen, south range 
 thirty east, all east of Mount Diablo meridian, is hereby 
 reserved and withdrawn from settlement, occupancy, or 
 sale under the laws of the United States, and dedicated 
 and set apart as a public park, or pleasure ground, for the 
 benefit and enjoyment of the people; and all persons who 
 shall locate or settle upon, or occupy the same or any part Trespassers. 
 thereof, except as hereinafter provided, shall be considered 
 trespassers and removed therefrom. Act of September 25, 
 1890 (26 Stat. L., 478). 
 
 1857. That said public park shall be under the exclusive Secretary of in- 
 
 terior to control. 
 
 control of the Secretary of the Interior, whose duty it shall 
 
 be, as soon as practicable, to make and publish such rules 
 
 and regulations as he may deem necessary or proper for j^^SS 8 ' 
 
 the care and management of the same. Such regulations 
 
 shall provide for the preservation from injury of all timber, 
 
 mineral deposits, natural curiosities or wonders within said 
 
 park, and their retention in their natural condition. The 
 
 Secretary may, in his discretion, grant leases for building buddings. 8 
 
 purposes for terms not exceeding ten years of small parcels 
 
694 THE MILITARY LAWS OF THE UNITED STATES. 
 
 of ground not exceeding five acres, at such places in said 
 
 park as shall require the erection of buildings for the ac- 
 
 Expendituro of commo dation of visitors: all of the proceeds of said leases 
 
 revenues. , _ , 
 
 and other revenues that may be derived from any source 
 connected with said park to be expended under his direc- 
 tion in the management of the same and the construction 
 of roads and paths therein. He shall provide against the 
 Destruction of wa nton destruction of the fish and game found within said 
 
 fish and game. 
 
 park, and against their capture or destruction, for the pur- 
 Re in ova i of p OSes o f merchandise or profit. He shall also cause all 
 
 trespassers, etc. - 1 - 
 
 persons trespassing upon the same after the passage of 
 this act to be removed therefrom, and, generally, shall be 
 authorized to take all such measures as shall be necessary 
 or proper to fully carry out the objects and purposes of this 
 act. 1 Sec. 2, ibid. 
 
 /Forest reserva- 1858. That the President of the United States may, from 
 1)1 sic. 24, Mar. 3, time to time, set apart and reserve, in any State or Terri- 
 
 891> Vf 26) p ' 1103 ' tory having public land bearing forests, in any part of the 
 public lands wholly or in part covered with timber or under- 
 growth, whether of commercial value or not, as public res- 
 ervations, and the President shall, by public proclamation, 
 declare the establishment of such reservations and the 
 limits thereof. 2 Sec. 24, act of March 5, 1891 (26 Stat. L., 
 1103). 
 
 1 The act of October 1, 1890 (26 Stat. L., 650), set apart certain tracts of land in 
 California as forest reservations and provided that all persona who should locate or 
 settle upon, or occupy the same or any part thereof, "shall be considered as tres- 
 passers and removed therefrom." This statute conferred exclusive control over the 
 reserved tracts upon the Secretary of the Interior. By section 8 of the act of June 
 5, 1880 (21 Stat. L., 204), a tract of land in Colorado, designated in the statute as the 
 Uncompahgre Park, was set apart for the benefit and enjoyment of the people. 
 
 2 Under the authority conferred by this statute the following forest reservations 
 have been declared by the President: A tract adjoining the Yellowstone Park in 
 Wyoming, Executive Proclamations No. 6, March 30, 1891 (26 Stat. L., 23), and No. 6, 
 September 10, 1891 (27 Stat. L., 11) ; the Bull Run Reservation in Oregon, Executive 
 Proclamation No. 28, 1892 (27 ibid., 49) ; the Pecos River Reservation in New Mexico, 
 Executive Proclamation No. 12, January 11. 1892 (ibid., p. 20) ; the Pikes Peak Res- 
 ervation in Colorado, Executive Proclamations No. 15, February 11, 1892 (ibid., p. 28), 
 and No. 21, March 18, 1892 (ibid., p. 36) ; the Plum Creek Reservation in Colorado, 
 Executive Proclamation No. 29, June 23, 1892 (ibid., p. 51) ; the White River Plateau 
 in Colorado Executive Proclamation No. 8. October 16, 1891 (ibid., p. 15). 
 
 The act of March 3, 1875 (18 Stat. L., 517), creating the national park on the island 
 of Mackinac, Michigan, was repealed by the act of March 2, 1895 (28 Stat. L , 946), 
 and the lauds composing the same were granted to the State of Michigan for use as 
 a State park, subject to the condition "that whenever the State ceases to use the 
 land for the purpose aforesaid it shall revert to the United States." 
 
XLIV. 
 
 NATIONAL CEMETERIES. 
 
 Par. 
 
 1868, 1869. Interments. 
 
 1870, 1871. Jurisdiction, criminal 
 offenses. 
 
 1872, 1873. The United States cem- 
 etery near the City of 
 Mexico. 
 
 1874. Encroachments by railroads. 
 
 Par. 
 
 1859. Maintenance of national 
 
 cemeteries. 
 
 1860. Acquisition of lands. 
 
 1861. Appraisement. 
 
 1862. Payment. 
 1863-1865. Superintendents. 
 1866. 1867. Inclosures, headstones, 
 
 and registers. 
 
 1859. The Secretary of War shall provide for the care and Maintenance 
 
 * J or national cem- 
 
 mairitenance of the National Military Cemeteries and forgeries. 
 
 It. b. 4o7b, p. 
 
 this purpose shall submit an estimate with his annual esti-tti 
 mates to Congress and Section four thousand eight hundred 19, p. 99. ' 
 and seventy six of the Revised Statutes is hereby repealed. 
 Act of July 21, 1876 (19 Stat. L., 99). 
 
 1860. The Secretary of War shall purchase from the^^^^Woaef 
 owners thereof, at such price as maybe mutually agreed Feb. 22,18*7,0. 
 upon between the Secretary and such owners, such real 400 ; juiy24,i876,' 
 
 . , . . , ., ,, , ,. c. 226, v. 19, p. 99; 
 
 estate as in his judgment is suitable and necessary for the Mar. 2, 1377, c. 
 
 . . * jm . . .. , 83, v. 19, p. 269. 
 
 purpose of carrying into effect the provisions for national sec. 4870, B.S. 
 cemeteries, and obtain from such owners the title in fee 
 simple for the salne. And in case the Secretary of War is 
 not able to agree with any owner upon the price to be paid 
 for any real estate needed for such purpose, or to obtain 
 from such owner title in fee simple for the same, the Secre- 
 tary is hereby authorized to enter upon and appropriate 
 any real estate which, in his judgment, is suitable and 
 necessary for such purposes. 
 
 1861. The Secretary of War or the owners of any real ^f^ 8 ^"^ 
 estate thus entered upon and appropriated, are authorized 01, 5, v. u.'p. 
 to make application for an appraisement of real estate thus sec. 4S7i,R.s. 
 entered upon and appropriated, to any circuit or district 
 
 court within any State or district where such real estate is 
 situated; and such courts shall, upon such application, and 
 in such mode and under such rules and regulations as it 
 may adopt, make a just and equitable appraisement of the 
 
696 THE MILITARY LAWS OF THE UNITED STATES. 
 
 cash value of the several interests of eacli and every owner 
 of such real estate and improvements thereon. 
 Payment. 1862. When appraisement of the real estate thus entered 
 
 Sec. 6, ibid. r 
 
 Mar. 2, 1877, c. upon and appropriated has been made under the order 
 
 fi*3 v 1 Q n 2fiQ 
 
 Sec. 4872, R.S. and direction of the court, the fee simple thereof shall, upon 
 payment to the owner of the appraised value, or in case 
 such owner refuses or neglects for thirty days after the 
 appraisement of the cash value of the real estate or im- 
 provements as aforesaid, to demand the same from the 
 Secretary of War, upon depositing the appraised value in 
 the court making such appraisement, to the credit of such 
 owner, be vested in the United States, and its jurisdiction 
 over such real estate shall be exclusive and the same as its 
 jurisdiction over real estate purchased, ceded, or appropri- 
 ated for the purposes of navy yards, forts, and arsenals. 
 The Secretary of War is authorized and required to pay to 
 the several owner or owners, respectively, the appraised 
 value of the several pieces or parcels of real estate, as speci- 
 fied in the appraisement of any of such courts, or to pay 
 into any of such courts by deposit, as hereinbefore pro- 
 vided, the appraised value ; and the sum necessary for such 
 purpose may be taken from any moneys appropriated for 
 the purposes of national cemeteries. 
 
 SUPERINTENDED TS. 
 
 enfs^f'c'emete^ 1863f The Secretary of War shall cause to be erected at 
 ie reb 22 1867 c ^ e principal entrance of each national cemetery a suit- 
 
 4o6 8 Jni \L$it a ^ e buying to be occupied as a porter's lodge; and shall 
 
 c. 22c, v. 19, p. 99! appoint a meritorious and trustworthy superintendent to 
 
 ' reside therein, for the purpose of guarding and protecting 
 
 the cemetery and giving information to parties visiting the 
 
 same. 
 
 selected wsuper* 1864< The su P erillten(ients of tne national cemeteries 
 
 in Ma de i8 t8 i872 c sna ^ ^ e selected from meritorious and trustworthy soldiers, 
 
 173, s. i, v. 17,' p. either commissioned officers or enlisted men of the volunteer 
 
 s'ec. 4874, R. s. or Eegular Army, Avho have been honorably mustered out or 
 
 discharged from the service of the United States, and who 
 
 may have been disabled for active field service in the line 
 
 of duty. 
 
 Salary of super- 1865. The superintendents of the national cemeteries 
 
 intendents. , ,- _ , , . . . . J , ... 
 
 Sec. 4876, R.S. shall receive for their compensation from sixty dollars to 
 seventy-five dollars a month, each, according to the extent 
 and importance of the cemeteries to which they may be 
 respectively assigned, to be determined by the Secretary of 
 War; and they shall also be furnished with quarters and 
 fuel at the several cemeteries. 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 697 
 
 INCLOSURES, HEADSTONES, AND REGISTERS. 
 
 1866. In the arrangement of the 
 
 established for the burial of deceased soldiers and sailors, registers. 
 
 ' 
 
 national cemeteries, inciosures, 
 
 headstones, and 
 
 
 &* 48*^7, B.S. 
 
 the Secretary of War is hereby directed to have the same June's, 18-72, c 
 
 inclosed with a good and substantial stone or iron fence 5 Mark's, iSfs, c 
 
 and to cause each grave to be marked with a small head- 
 
 stone or block, which shall be of durable stone, and of such 
 
 design and weight as shall keep it in place when set, and 
 
 shall bear the name of the soldier and the name of his 
 
 State inscribed thereon, when the same are known, and also 
 
 with the number of the grave inscribed thereon, corre- 
 
 sponding with the number opposite to the name of the 
 
 party in a register of burials to be kept at each cemetery 
 
 and at the office of the Quartermaster- General, which shall 
 
 set forth the name, rank, company, regiment, and date of 
 
 death of the officer or soldier; or if these are unknown, it 
 
 shall be so recorded. 
 
 1867. That the Secretary of War is hereby authorized to 
 erect headstones over the graves of soldiers who served in 
 the Eegular or Volunteer Army of the United States dur- 2 
 ing the war for the Union, and who have been buried in 
 private village or city cemeteries, in the same manner as 
 provided by the law of March third, eighteen hundred and 
 seventy- three, for those interred in national military ceme- 
 teries; and for this purpose, and for the expenses incident 
 to such work, so much of the appropriation of one million 
 dollars, made in the act above mentioned, as has not been 
 expended, and as may be necessary, is hereby made 
 available. 
 
 The Secretary of War shall cause to be preserved in the 
 records of his Department the names and places of burial 
 of all soldiers for whom such headstones shall have been 
 erected by authority of this or any former acts. 1 Act of 
 February 5, 1879 (20 Stat L., 281). 
 
 INTERMENTS. 
 
 
 1879> v ' 
 
 Records. 
 
 1868. All soldiers, sailors, or marines, dying in the service 
 of the United States, or dying in a destitute condition tionai 
 
 " tories. 
 
 after having been honorably discharged from the service, j u i y 17, 1862, c. 
 or who served during the late war, either in the. regular or 5% ; juSeVi^ 
 volunteer forces, may be buried in any national cemetery Mar 7 'V 7 m3?c. ? 
 
 __ : _ 276, v. 17, p. 605/ 
 
 'Provision for carrying this statute intoeffect has been made in the acts of appropri- Sec '*87 8, R. S. 
 ation of August 4, 1886 (24 Stat. L., 249), March 3, 1887(24 Stat. L., 534), October2, 1888 
 (25 Stat. L., 539), March 2, 1889 (25 Stat. L., 969), August 30, 1890 (26 Stat. L., 400), 
 March 3, 1891 (26 Stat. L., 973), August 5, 1892 (27 Stat. L., 377), March 3, 1893 (27 
 Stat. L., 599), August 18, 1894 (28 Stat. L., 405), March 2, 1895 (28 Stat. L., 949), and June 
 11, 1896 (29 Stat. L., 443). 
 
698 THE MILITARY LAWS OF THE UNITED STATES. 
 
 free of cost. The production oi the honorable discharge 
 of a deceased man shall be sufficient authority for the 
 superintendent of any cemetery to permit the interment. 
 Bnriai of imii- 1869. For expenses of burying in the Arlington National 
 Cemetery or in the cemeteries of the District of Columbia, 
 indigent ex- Union soldiers, sailors, and marines of the late 
 civil war who die in the District of Columbia, to be dis- 
 Limitation. bursed by the Secretary of War, at a cost not exceeding 
 fifty dollars for such burial expenses in each case, exclusive 
 of cost of grave, one thousand dollars; and the appropria- 
 tion made by the sundry civil appropriation acts approved 
 v. 25, p. 538. October second, eighteen hundred and eighty-eight, and 
 v. 25, p. 969. March second, eighteen hundred and eighty-nine, for the 
 Former appro- expenses of burying indigent ex- Union soldiers, is hereby 
 m le made available alike for all survivors of the Union Army, 
 
 26^> u fbi' 189 ' v> ^vy, and Marine Corps of eighteen hundred and sixty-one 
 to eighteen hundred and sixty-five, dying in the District 
 of Columbia in indigent circumstances. 1 Act of August 30, 
 1890 (26 Stat. L., 401}. 
 
 JURISDICTION, CRIMINAL OFFENSES. 
 
 jurisdiction of 1870. From the time any State legislature shall have 
 
 United States . 
 
 over national given, or shall hereafter give, the consent of such State to 
 
 Juiyi, 1870, c. the purchase by the United States of any national cerne- 
 
 188*. s ' P ' tery, the jurisdiction and power of legislation of the United 
 
 see. 4882, B.S. g^ a ^ es oyer suc ^ cemetery shall in all courts and places be 
 
 held to be the same as is granted by section eight, article 
 
 one, of the Constitution of the United States; and all pro- 
 
 visions relating to national cemeteries shall be applicable 
 
 to the same. 
 
 facing al ^aSonai 1871> Evei T person who willfully destroys, mutilates, 
 
 C6 Fei?22 e i8e7 c Defaces, injures, or removes any monument, gravestone, or 
 
 So 8 ' 3> v ' 14) ' p ' ^ er structure, or who willfully destroys, cuts, breaks, 
 
 s'ec.488i,R.s. injures, or removes any tree, shrub, or plant within the 
 
 limits of any national cemetery, shall be deemed guilty 
 
 of a misdemeanor, punishable by a fine of not less than 
 
 twenty-five dollars, and not more than one hundred, or by 
 
 imprisonment for not less than fifteen days and not more than 
 
 sixty. The superintendent in charge of any national cem- 
 
 etery is authorized to arrest forthwith any person engaged 
 
 in committing any misdemeanor herein prohibited, and to 
 
 bring such person before any United States commissioner 
 
 or judge of any district or circuit court of the United States 
 
 within any State or district where any of the cemeteries are 
 
 1 A similar provision occurs in tlie annual acts of appropriation since that of March 
 2,1889 (25Stat. L.,409). 
 
THE MILITARY LAWS OF THE UNITED STATES. 699 
 
 situated, for the purpose of holding such person to answer 
 for such misdemeanor, and then and there shall make com- 
 plaint in due form. 
 
 UNITED STATES CEMETERY NEAR THE CITY OF MEXICO. 
 
 ' 
 
 1872. The President is authorized to provide, out of the thciy 
 ordinary annual appropriations, for establishing and main- ic ^ ar 3 1873 c 
 taining United States military cemeteries, for the proper 26 ^.n^eo2^ 
 care and preservation arid maintenance of the cemetery or 
 
 burial ground near the City of Mexico, in which are 
 interred the remains of officers and soldiers of the United 
 States, and of citizens of the United States, who fell in 
 battle, or died in and around said city. 
 
 1873. The cemetery in Mexico shall be subject to theto T wh a e t reg'K- 
 rules and regulations affecting United States national mili- tl g5;'488o%.s. 
 tary cemeteries within the limits of the United States, so 
 
 far as they may, in the opinion of the President, be appli- 
 cable thereto. 
 
 ENCROACHMENT BY RAILROADS, ETC. 
 
 1874. That no railroad shall be permitted upon the^gSSSfSi 
 right of way which may have been acquired by the United b ijJJJ*^ i 891) v . 
 States to a national cemetery, or to encroach upon any 28 '?- 949 - 
 roads or walks constructed thereon and maintained by the 
 
 United States. Act of March 2, 1895 (28 Stat. L., 949.) 1 
 
 l ~By separate statutes provision has been made for the construction of roads and 
 other approaches as follows: Act of January 20, 1878 (20 Stat. L.,242), and March 3, 
 
 1881 (21 Stat. L., 447), at Vicksburg, Miss. ; March 3, 1881 (21 Stat, L., 445), August 7, 
 
 1882 (22 Stat. L., 319), March 3, 1883 (22 Stat. L., 617), and Jxily 7, 1884 (23 Stat. L., 219), 
 at Chattanooga, Tenn.; March 3, 1881 (21 Stat. L., 447), August 7, 1882 (22 Stat. L., 
 150), and July 7, 1884 (22 Stat. L.,319), at Fort Scott, Kans.; July 3, 1882 (22 Stat.L., 
 150), and March 3, 1891 (26 Stat. L., 978), at Mound City, 111. ; March 3, 1883 (22 Stat. 
 L., 617), July 2, 1886, chapter 610 (24 Stat. L., 121), at Chalmette, La. ; March 3, 1885 
 (23 Stat L., 507), October 2, 1888 (25 Stat. L., 539), and August 30, 1890 (26 Stat. L., 401), 
 at Marietta, Ga. ; March 3, 1885 (23 Stat. L., 507), at Baton Rouge, La. ; August 4, 1880 
 (24 Stat. L., 249), and October 2, 1888 (25 Stat. L., 539), at Springfield, Mo.; July 2, 
 1886(24 Stat.L. ,121), at Natchez, Miss.; July 28, 1886 (24Stat. L, 159), at Knoxville, 
 Tenn February 23, 1887 (24 Stat. L., 416), and March 2, 1889 (25 Stat. L.. 969), at Dan- 
 ville Va. ; February 28, 1887 (24 Stat. L., 431), at Richmond, Va. ; October 2, 1888 (25 
 Stat, L., 539), March 2, 1889, chapter 416 (25 Stat. L., 915), August 30, 1890 (26 Stat. L., 
 401) at Antietani, Md.; August 30, 1890 (26 Stat. L., 401), at Hampton. Va. ; March 
 2, 1889 (25 Stat. L., 969), at Beverly, N. J.; January 8, 1889 (25 Stat. L., 641), at Flor- 
 ence S C.- August 30, 1890 (26 Stat. L.,401), roads at Culpeper and Fredcricksburg-, 
 Va., and a levee at Brownsville, Tex.; May 14, 1890 (26 Stat. L., 108), at Port Hud- 
 son La April 9, 1890 (26 Stat.L., 46), at Staunton, Va.; March 3, 1891 (26 Stat.L., 
 978) Anust5, 1892 (27 Stat. L., 377), March 3, 1893 (27 Stat. L., 599). August 18,1894, 
 (28 Stat. L., 405), March 2, 1895 (28 Stat. L., 909), at the Presidio of San Francisco, 
 Cal. ; December 11, 1890 (26 Stat. L., 687), at Alexandria, Va. The title and possession 
 of the United States to and of land situate at El Paso, Tex., duly purchased for cem- 
 etery purposes, would properly be protected against a continuous trespass on the 
 part of the municipality in cutting a street through the laud, by an injunction sued 
 out in the proper court, the remedy by suit for damages being inadequate, (a) (Dig. 
 J. A. Gen. ,631, par. 17.) 
 
 ol Pomeroy, Eq. Jur., sec. 138; 3 ibid., sees. 1347, 1356. 
 
CHAPTER 
 
 FLAG AND SEAL OF THE UNITED STATES. 
 
 Par. 
 
 1875. The flag to be 13 stripes and 
 
 37 stars. 
 
 1876. A star to be added for every 
 
 new State. 
 
 Par. 
 
 1877. Seal of the United States. 
 
 1878. Secretary of State to keep 
 
 and use the seal. 
 
 The flag to be 
 13 stripes and 37 
 stars. 
 
 Jan. 13, 1794, c. 
 l,v.l.p.841;Apr. 
 4, 1818, c. 34, s. 1, 
 
 A star to be 
 added for every 
 new State. 
 
 Apr. 4, 1818, c. 
 34, s. 2, v. 3, p. 415. 
 
 Sec. 1792, U.S. 
 
 Seal of the 
 United States. 
 
 Sept, 15, 1789, c. 
 14, s. 3, v.l. p. 68. 
 
 Sec. 1793, R.S. 
 
 1875. The flag of the United States shall be thirteen 
 horizontal stripes, alternate red and white; and the union 
 of the flag shall be [forty-five] stars, white in a blue field. 
 
 v. 3, p. 415. Sec. 1791, R.S. 
 
 1876. On the admission of a new State into the Union 
 one star shall be added to the union of the flag; and such 
 addition shall take effect on the fourth day of July then 
 next succeding such admission. 1 
 
 1877. The seal heretofore used by the United States in 
 Congress assembled is declared to be the seal of the United 
 States. 
 
 1 The Union of the flag now contains forty-five stars, arranged in accordance with 
 the following order : 
 
 WAR DEPARTMENT, Washington, March 17, 1896. 
 
 The field or union of the national flag in use in the Army will on and after July 
 4, 1896, consist of forty-five stars, in six rows, the first, third, and fifth rows 1o have 
 eight stars, and the second, fourth, and sixth rows seven stars each, in a blue field, 
 arranged as follows: 
 
 ******** 
 ******* 
 
 ******** 
 ******* 
 
 ******** 
 ******* 
 
 DANIEL S. LAMONT, 
 
 Secretary of War. 
 
 700 
 
 Held that there w.as no law precluding an alien residing in the United States, the 
 subject of a foreign government with which we are at peace, from displaying the 
 flag of his country on his dwelling. (Dig. J. A. Gen., 148 par. 4.) 
 
THE MILITARY LAWS OP THE UNITED STATES. 701 
 
 1878. The Secretary of State shall keep such seal, and 
 shall make out and record, and shall affix the same to. all 
 
 Sept. 15, 1789, c. 
 
 civil commissions for officers of the United States, to ke^s-^j.i, p.68 ; 
 appointed by the President, by and with the advice and 57, v. is, p/23J 
 consent of the Senate, or by the President alone. But the 131, s. 14, v. is, p! 
 seal shall not be affixed to any commission before the same Marbury v. 
 has been signed by the President of the United States, nor^8. dison> 1 Or " 
 to any other instrument, without the special warrant of the 8ec * 1794 B - s - 
 President therefor. 
 
THE ARTICLES OF WAK.' 
 
 Section. 
 
 1342. Articles of war. 
 
 Article. 
 
 1. Officers shall subscribe these 
 
 articles. 
 
 2. Articles to be read to recruits. 
 
 Article. 
 
 3. Officers making unlawful en- 
 
 listments. 
 
 4. Discharges. 
 
 5. Mustering persons not soldiers. 
 
 6. Taking money on mustering. 
 
 'HISTORICAL NOTE. 
 
 In the early periods of English history military law existed only in time of actual 
 war. When war broke out troops were raised as occasion required, and ordinances 
 for their government, or, as they were afterwards called, Articles of War, were issued 
 by the Crown, with the advice of the constable or of the peers or other experienced 
 persons, or were enacted by the commander in chief in pursuance of an authority 
 for that purpose given in his commission from thr> Crown, (a) 
 
 These ordinances or articles, however, remained in force only during the service 
 of the troops for whose government they wore issued, and ceased to operate on the 
 conclusion of peace. Military law, in time of peace, did not come into existence 
 until the passing of the first mutiny act in 1689. 
 
 The system of governing troops in active service by articles of war, issued under 
 the prerogative power of the Crown, whether issued by the King himself, or by the 
 commanders in chief, or by other officers holding commissions from the Crov. u, con- 
 tinued from the time of the Conquest till long after 1 ho passing of the annual mutiny 
 acts, (b) and did not actually cease till the prerogative power of issuing such articles 
 was superseded in 1803 by a corresponding statutory power, (c) 
 
 The earlier articles were of excessive severity, inflicting death or loss of limb for 
 almost every crime. Gradually, however, they assumed something of the shape 
 which they bear in modern times, and the Ordinances or Articles of War issued by 
 Charles I in 1672 formed the ground work of the Articles of War of 1878, which were 
 consolidated with the mutiny act in the army discipline and regulation act of 1879 ; 
 which was replaced by the ai my act of 1881 . The army act of 1881, which now con 
 stitutes the military code of the British army, has of itself no force, but requires to 
 be brought into operation annually by another act of Parliament, thus securing the 
 constitutional principle of the control of the Parliament over the discipline requisite 
 for the government of the army, (d) 
 
 The Rules and Articles of War were derived originally from the English mutiny 
 act and articles of war under the following circumstances: In May. 1775, the Conti- 
 nental Congress met in Philadelphia and at once proceeded to levy and organize an 
 army. A system of rules for its government was, of course, indispensable.. The 
 members of this Congress were naturally familiar with the English military code. 
 The local troops serving with the English forces sent to this country in 1754 had 
 been brought under the mutiny act, while the armies of Gage and Efurgoyue were 
 governed by the English code at the time tho first ' ' Continental troops ' ' were raised. 
 It was but natural, therefore, that this body should turn to the mutiny act as a 
 model, and on June 30, 1775, the Congress promulgated articles, sixty nine in number, 
 for the government of the Continental troops. These articles were adopted from the 
 English, in the same form as our present articles, modified, however, to meet the 
 milder views wnich were entertained by a people who entertained an objection to a 
 :ere made 'in November of this year but were repealed 
 776, and new articles adopted. These articles, one hun- 
 
 standing army. Additions were made in November of this year but were repealed 
 by tho act of September 30, 1776, and new articles adopted. These articles, one hun- 
 dred and two in number, were modeled upon tho British form and were arranged in 
 eighteen sections. With some modifications they remained in force until 180G. 
 
 In September, 1789, they were formally recognized and adapted to tho new Consti- 
 tution b.v tho First Congress of the United States. In 1806 the articles, one hundred 
 and one in number, were rearranged and promulgated by Congress; (e) the divisions 
 into sections were dropped and the old model substituted. These, with live or six 
 modifications, remained in force for nearly seventy years, and were the governing 
 code of the Army until the passage of the act of Jiiiie 22, ]874(/) (18 Stat. L., 113). 
 These articles are embodied in the Revised Statutes as sections 1342 and 1343 of that 
 work. 
 
 a Grose, Military Antiquities, vol. 2, p. 58. 
 b Barwis v. Keppel, ^ Wilson's Hep., 314. 
 c43 Geo. Ill, chapter 20. 
 
 d Manual of Military Law, War Office, Pall Mall, 1884, pp. 9-18. 
 e Act of April 10, 1806 (2 Stat. L., p. 359). 
 /Ives, Mil. Law, p. 17. 
 702 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 703 
 
 Article, 
 
 7. Returns of regiments, etc. 
 
 8. False returns. 
 
 9. Captured stores secured for 
 
 public service. 
 
 10. Accountability for arms, etc. 
 
 11. Furloughs. 
 
 12. Musters. 
 
 13. False certificates. 
 
 14. False muster. 
 
 15. Allowing military stores to bo 
 
 damaged. 
 
 16. Wasting ammunition. 
 
 17. Losing or spoiling horses, 
 
 accoutermonts, etc. 
 
 18. Commanders not to bo inter- 
 
 ested in sale of victuals, etc. 
 
 19. Disrespectful words against 
 
 the President, etc. 
 
 20. Disrespect toward command- 
 
 ing officer. 
 
 21. Striking a superior officer. 
 
 22. Mutiny. 
 
 23. Failing to resist mutiny. 
 
 24. Quarrels and frays. 
 
 25. Reproachful or p r o v o k i n g 
 
 speeches. 
 
 26. Challenges to fight duels. 
 
 27. Allowing persons to go out 
 
 and fight; seconds and pro- 
 moters. 
 
 28. Upbraiding another for refus- 
 
 ing challenge. 
 
 29. Wrongs to officers, redress of. 
 
 30. Wrongs to soldiers, redress of. 
 
 31. Lying out of quarters. 
 
 32. Soldiers absent without leave. 
 
 33. Absence from parade without 
 
 leave. 
 
 34. One mile from camp without 
 
 leave. 
 
 35. Failing to retire at retreat. 
 
 36. Hiring duty. 
 
 37. Conniving at hiring duty. 
 
 38. Drunk on duty. 
 
 39. Sentinel sleeping on post. 
 
 40. Quitting guard, etc., without 
 
 leave. 
 
 41. False alarms. 
 
 42. Misbehavior before the enemy, 
 
 cowardice, etc. 
 
 43. Compelling a surrender. 
 
 44. Disclosing watchword. 
 
 45. Relieving the enemy. 
 
 46. Corresponding with the 
 
 enemy. 
 
 Article. 
 
 47. Desertion. 
 
 48. Deserter shall serve full term. 
 '19. Desertion by resignation. 
 
 50. Enlisting in other regiment 
 
 without discharge. 
 
 51. Advising to desert. 
 
 52. Misconduct at divine service. 
 
 53. Profane oaths. 
 
 54. Officers to keep good order in 
 
 their commands. 
 
 55. Waste or spoil and destruction 
 
 of property without orders. 
 
 56. Violence to persons bringing 
 
 provisions. 
 
 57. Forcing a safeguard. 
 
 58. Certain crimes during rebel- 
 
 lion. 
 
 59. Offenders to be delivered up to 
 
 civil magistrates. 
 
 60. Certain crimes of fraud against 
 
 the United States. 
 
 61. Conduct unbecoming an officer 
 
 and gentleman. 
 
 62. Crimes and disorders to preju- 
 
 dice of militaiy discipline. 
 
 63. Retainers of camp. 
 
 64. All troops subject to Articles 
 
 of War. 
 
 65. Arrest of officers accused of 
 
 crimes. 
 
 66. Soldiers accused of crimes. 
 
 67. Receiving prisoners. 
 
 68. Report of prisoners. 
 
 69. Releasing prisoner without 
 
 authority; escapes. 
 70 Duration of confinement. 
 
 71. Copy of charges and time of 
 
 trial. 
 
 72. Who may appoint general 
 
 courts-martial. 
 
 73. Commanders of divisions and 
 
 separate brigades may ap- 
 point in time of war. 
 
 74. Judge-advocate. 
 
 75. Members of general courts- 
 
 martial. 
 
 76. When requisite number not 
 
 at a post. 
 
 77. Regular officers, on what 
 
 courts may sit. 
 
 78. Marine and Regular Army offi- 
 
 cers associated on courts. 
 
 79. Officers triable by general 
 
 courts-martial. 
 
 80. Field officers' courts. 
 
704 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Article. 
 
 81. Regimental courts. 
 
 82. Garrison courts. 
 
 83. Jurisdiction of field officers', 
 
 regimental, and garrison 
 courts. 
 
 84. Oath of members of courts- 
 
 martial. 
 
 85. Oath of judge-advocate. 
 
 86. Contempts of court. 
 
 87. Behavior of members. 
 
 88. Challenges by prisoner. 
 
 89. Prisoner standing mute. 
 
 90. Judge-advocate, prosecutor 
 
 and counsel for prisoner. 
 
 91. Depositions. 
 
 92. Oath of witness. 
 
 93. Continuances. 
 
 94. Hours of sitting. 
 
 95. Order of voting. 
 
 96. Sentence of death. 
 
 97. Pententiaries. 
 
 98. Flogging. 
 
 99. Discharge and dismissal of 
 
 officers. 
 
 100. Publication of officers cash- 
 
 iered for cowardice or 
 fraud. 
 
 101. Suspension of officers' pay. 
 
 102. No person tried twice for 
 
 same, etc. 
 
 103. Limitation of time of prose- 
 
 cution. 
 
 104. Approval of sentence by offi- 
 
 cer ordering court. 
 
 105. Confirmation of death sen- 
 
 tence. 
 
 106. Confirmation of dismissals in 
 
 time of peace. 
 
 107. Dismissal by division or 
 
 brigade courts. 
 
 108. General officers, sentences 
 
 respecting. 
 
 Article. 
 
 109. Confirmation by officer order- 
 
 ing court. 
 
 110. Confirmation of field officers' 
 
 sentences. 
 
 111. Suspension of sentence of 
 
 death or dismissal. 
 
 112. Pardon and mitigation of 
 
 sentences. 
 
 113. Proceedings forwarded to 
 
 Judge- Advocate-General. 
 
 114. Party entitled to a copy. 
 
 115. Courts of inquiry, how or- 
 
 dered . 
 
 116. Members of court of inquiry. 
 
 117. Oaths of members and re- 
 
 corder of court of inquiry. 
 
 118. Witnesses before courts of 
 
 inquiry. 
 
 119. Opinion; when given by. 
 
 120. Authentication of proceed- 
 
 ings of court of inquiry. 
 
 121. Proceedings of court of in- 
 
 quiry used as evidence. 
 
 122. Command when different 
 
 corps happen to join. 
 
 123. Regular and volunteer officers 
 
 on same footing as to rank, 
 etc. 
 
 124. Rank of militia officers on 
 
 duty with officer of regular 
 or volunteer forces. 
 
 125. Deceased officers' effects. 
 
 126. Deceased soldiers' effects. 
 
 127. Effects of deceased officers 
 
 and soldiers to be accounted 
 for. 
 
 128. Articles of War to be pub- 
 
 lished once in six months to 
 every regiment, etc. 
 
 Section. 
 
 1343. Spies. 
 
 SECTION 1342. The armies of the United States shall be 
 pu s n ec Sh i342 t B s g overne( l bv the following rules and articles. The word 
 2o1 p i 10 359 OG '2'S officer ' as used tnerein ? sna11 be understood to designate 
 Sept., isw, v'. 26, commissioned officers; the word soldier shall be understood 
 to include n on commissioned officers, musicians, artificers, 
 and privates, and other enlisted men, and the convictions 
 mentioned therein shall be understood to be convictions by 
 court-martial. Sec. 1342, R. 8. 
 
 That whenever by any of the Articles of War for the 
 government of the Army the punishment on conviction of 
 

 THE MILITARY LAWS OF THE UNITED STATES. 705 
 
 any military offense is left to the discretion of the court- 
 martial, the punishment therefor shall not, in time of peace, 
 be in excess of a limit which the President may prescribe. 1 
 Act of September 27, 1890 (26 Stat. ., 491). 
 
 ARTICLE 1. Every officer now in the Army of the United ^Sbo 8 these 
 States shall within six months from the passing of this act, "fjfjf.' War . 
 and every officer hereafter appointed shall before he enters 
 upon the duties of his office, subscribe these rules and 
 articles. 
 
 ART. 2. These rules and articles shall be read to every 
 enlisted man at the time of, or within six days after, his 
 enlistment, and he shall thereupon take an oath or affirma- 16 ^ 8 - sy. 2, 
 tion, in the following* form : " I, A. B., do solemnly swear (or c. 42, s. 11, V. 12,' 
 affirm) that I will bear true faith and allegiance to the P ' 3 Art. war. 
 United States of America 5 that I will serve them honestly 
 and faithfully against all their enemies whomsoever: and 
 that I will obey the orders of the President of the United 
 States, a*ud the orders of the officers appointed over me, 
 according to the rules and articles of war." This oath may 
 be taken before any commissioned officer of the Army. 2 
 
 ART. 3. Every officer who knowingly enlists or musters . officers mak- 
 
 ing unlawful en- 
 
 into the military service any minor over the age of sixteen Hstments. 
 years without the written consent of his parents or guard- Mar. 5, isss.c. 
 
 . . 68,s.6,v.4,p.647; 
 
 ians, or any minor under the age 01 sixteen years, or any Mar. 3,1863,0.75, 
 insane or intoxicated persons, or any deserter from thej'uiy V '4, 1864, c! 
 military or naval service of the United States, or any p^'slo^Mar/a, 
 person who has been convicted of any infamous criminal y 8 il, p. 4 7 9 9 6 ; s kiy 
 offense, shall, upon conviction, be dismissed from the serv- 2%7%?ii7?' 8 ' 
 ice, or suffer such other punishment as a court-martial 
 may direct. 3 
 
 1 Under the authority conferred by this statute two executive orders have been 
 issued prescribing limits of punishment for offenses to which specific penalties are not 
 attached in the Articles of War. See G. O. No. 21, A. G. O., of 1891, as modified by the 
 executive order of March 20, 1895 (MANUAL FOR COURTS-MARTIAL, pp. 59-63). 
 
 2 The taking of the oath prescribed by this article is not an essential to the valid- 
 ity of an enlistment. It is, however, an almost invariable part of a regular formal 
 enlistment, and, in the absence of any provision in our law defining in what an en- 
 listment shall consist, it is important that it should not be omitted, for the reason 
 that the oath as taken and subscribed by the party constitutes the regular, and, in 
 some cases, the only, legal written evidence that the personal act of enlisting has 
 been completed by him. (Dig. J. A. Gen., 19, par. 1.) But see Grimley's case (137 
 U. S., 147), in which it was held that the oath ot allegiance was the pivotal fact which 
 changed the status from that of civilian to soldier. Section 11 of the act of August 
 3, 18(51 (12 Stat. L., 289), conferred authority to administer the oath of allegiance upon 
 any commissioned officer of the Army. 
 
 The statement in regard to age, incorporated in the printed blank which contains 
 the form of oath prescribed by this article, is no part whatever of the legal oath. 
 (Ibid., par. 2.) 
 
 Neither this article, nor the directory provision in pari materia of sections 1117- 
 1118, Eevised Statutes, renders void enlistments of the classes of persons whose en- 
 listment or muster- in ia made punishable and interdicted. Except, of course, in the 
 case of an enlistment of a person clearly non compos mentis, and whose contract is a 
 nullity in law independently of any statute, these enlistments are voidable only ; the 
 United States may hold the party to service, or may discharge him forthwith 'in the 
 manner authorized by the fourth article. (Ibid., 20, par. 1.) 
 
 It is not essential to a conviction under this article that the officer shall be shown 
 to have had positive and absolute knowledge that the person enlisted by him be- 
 longed to one of the classes of persons whose enlistment is made an offense. If he 
 
 . 1919 - 45 
 
706 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Discharges. ART. 4. No enlisted man, duly sworn, shall be discharged 
 from the service without a discharge in writing, signed by 
 a field-officer of the regiment to which he belongs, or by the 
 commanding officer, when no field-officer is present; and no 
 discharge shall be given to an enlisted man before his term 
 of service has expired, except by order of the President, 
 the Secretary of War, the commanding officer of a depart- 
 ment, or by sentence of a general court-martial. 1 
 
 had such knowledge or information as to place the fact beyond a reasonable doubt 
 he may properly be deemed to have acted "knowingly." (Ibid., par. 2.) 
 
 The enlistment of a party who was evidently so much under the influence of liquor 
 as to make it doubtful whether he comprehended the legal effect of his acts, held an 
 enlistment of an "intoxicated person" and an offense under this article. (Ibid., 
 par. 3.) 
 
 1 While no soldier can assume to discharge himself from the military service, he 
 is yet, at the expiration of his contract of enlistment, entitled in general to be at 
 once formally discharged by the proper authority, (a) In view, however, of the 
 terms of the first clause of this article, held that a discharge of a soldier actually 
 takes effect, like a deed, only upon the delivery, actual or constructive, of the writ- 
 ten certificate of discharge. Thus, where a soldier's discharge was not received by 
 him at his station a hospital in the field till at the end of three months after its 
 date, held that it did not take effect till its receipt, and that the soldier was entitled 
 to pay up to that time. (Dig. Opin. J. A. Gen., 20, par. 1.) 
 
 Where an honorable discharge has onco duly taken effect by tbe delivery of the 
 formal certificate (see article 4, section 1) it is final and can not be revoked unless 
 obtained by fraud, (b) But in such a case the revocation should be made within a 
 reasonable time, otherwise the Government will be deemed to have waived the 
 defect. A mere order for a discharge may of course be recalled or suspended at any 
 time before it is executed by the delivery of the discharge ordered. Where an officer 
 of volunteers had been duly mustered out of service a form of honorable discharge 
 and was thus a civilian, held that a revocation in orders of his muster out, and a 
 substitution therefor of a dishonorable discharge, would in the absence of any 
 fraud in the case be wholly unauthorized and illegal. (Ibid., 355, par. 1.) 
 
 Where a soldier, by making an alteration in his "descriptive list," so as to cause 
 it to appear that his term of enlistment, which was in tact five years, was three 
 years only, induced the regimental commander to give him an honorable discharge 
 at the end of three years service, held, upon the fraud being presently discovered, 
 that the discharge might legally be revoked and the soldier be brought to trial by 
 court-martial under the ninety-ninth (now sixty-second) article of war. But where, 
 by competent authority, according to the present fourth article, an honorable dis- 
 charge was given to a soldier who was at the time in arrest under charges, held that 
 such discharge no fraud being imputable to the soldier was final, and could not 
 legally be revoked. (Ibid., par. 2.) 
 
 The fact that a soldier Has been a deserter does not affix an irreparable taint upon 
 his status or service when returned from desertion, or preclude his receiving an 
 honorable discharge, if either he be restored to duty without trial, or having been 
 tried and sentenced, ho yet, by reason of his imprisonment being fully executed or 
 being remitted before the end of his term, is returned to duty and is in the perform- 
 ance of faithful service when his term is completed. A discharge in the usual form 
 then given to him is an authoritative declaration by it that he leaves tbe mili- 
 tary service in a status of honor. Thus honorably discharged he can not, by reason 
 of his having formerly deserted, be deprived of any rights to pay, allowances, or 
 bounty usually incident upon honorable discharge, (c) ( Ibid., 356, par. 4.) 
 
 A formal discharge, given to a soldier in accordance with this article, is legal evi- 
 dence of the fact of discharge, as well as of the circumstances when the same are 
 stated under which the soldier was separated from the service, (d) (Ibid., 21, par. 2.) 
 
 This article, in its second clause, specifies two kinds of discharge as authorized to be 
 given to soldiers before their terms of enlistment have expired and which are quite 
 distinct in their nature. The one is given by Executive order and the other by sen- 
 tence; the one is a rescinding of the contract of the soldier, authorized to be resorted 
 to whenever deemed desirable, at the discretion of the Secretary of War, etc., and is, 
 in law, an honorable discharge or a discharge without honor, as the case may be ; the 
 other is a punishment, and therefore a dishonorable discharge. One of the officials 
 named can, of ftis own authority, no more order a soldier to be, in terms technically, 
 dishonorably discharged than can a court-martial adjudge a soldier to be honorably 
 discharged. A discharge can not legally be given a soldier before the expiration of 
 his term of service except as authorized "in this article; and no officer, other than the 
 three designated, can exercise the authority, expressly devolved upon them, of dis- 
 charging by order, (e) (Ibid., par. 3.) 
 
 a See Justice Story's charge to the jury in United States v. Travers, 2 Wheeler Cr. 
 C., 509; also Prendergast, 42. 
 
 fcSee opinion of the Attorney-General, in 16 Opins., 352, in which it was held that 
 an honorable discharge obtained by gross falsehood and fraud was revocable by the 
 Secretary of War. 
 
 cSee United States v. Kelly, 15 Wallace, 36. 
 
 dSee Board of Commissioners v. Mertz, 27 Ind., 10:5; Hanson v. S. Scituate, 115 
 Mass., 336; U. S. v. Wright, 5 Philad., 296. 
 
 e30pin,Att.Gen.,353. 
 
iTHE MILITARY LAWS OF THE UNITED STATES. 707 
 
 ART. 5. Any officer who knowingly musters as a soldier a Musteline per- 
 
 J to J sons not soldiers. 
 
 person who is not a soldier shall be deemed guilty of know- 5 Ar t- war. 
 ingly making a false muster, and punished accordingly. 
 
 ART. 6. Any officer who takes money, or other thing, by 
 way of gratification, on mustering any regiment, troop, Artt 
 battery or company, or on signing muster-rolls, shall be 
 dismissed from the service, and shall thereby be disabled 
 to hold any office or employment in the service of the United 
 States. 
 
 ART. 7. Every officer commanding a regiment, an inde- re5,aents?eto. f 
 pendent troop, battery, or company, or a garrison, shall, in 7 Art * Wan 
 the beginning of every month, transmit through the proper 
 channels, to the Department of War, an exact return of 
 the same, specifying the names of the officers then absent 
 from their posts, with the reasons for and the time of their 
 absence. And any officer who, through neglect or design, 
 omits to send such returns, shall, on conviction thereof, be 
 punished as a court-martial may direct. 
 
 ART. 8. Every officer who knowingly makes a false return f Art. Wan ns ' 
 to the Department of War, or to any of his superior officers, 
 authorized to call for such returns, of the state of the regi- 
 ment, troop or company, or garrison under his command ; 
 or of the arms, ammunition, clothing or other stores there- 
 unto belonging, shall, on conviction thereof before a court- 
 martial, be cashiered. 1 
 
 ART. 9. All public stores taken from the enemy shall be captured stores 
 
 n j_i /. j.i FT -^_ i n^ secured for pub- 
 
 secured for the service of the United States; and for neg- lie service, 
 lect thereof the commanding officer shall be answerable. 2 
 
 1 This article refers only to returns made by certain commanders as such. It is 
 only as commander of a regiment, company, or garrison that an officer can be made 
 amenable to a charge under the article. An officer not exercising one of these com- 
 mands is not within its terms, (a) (Dig. Opin. J. A. Gen., 22, par. 1.) 
 
 An officer "knowingly makes a false return" under this article who makes a return 
 which ho knows to be untrue in any material particular. (Ibid , par. 2.) 
 
 The "returns" indicated in the article can scarcely be said to include returns of 
 funds, what is contemplated being mainly returns of the personnel or materiel of the 
 command. A false return of a company fund would more properly be charged under 
 another article, as the sixty -first or sixty-second. (Ibid., par. 3.) 
 
 2 The title to property captured from an enemy in war vests, at the instant of cap- 
 ture, in the captor's Government, which may make such disposition of it as it mav 
 deem expedient. The policy and practice of the United States, as to property cap- 
 tured on land, has been to retain it for governmental uses or to sell it and convert 
 the proceeds to its own use. See the " Captured and abandoned property act" (act 
 of March 12, 1863), in the chapter entitled EMPLOYMENT OF MILITARY FORCE, ETC. 
 
 This provision is in accordance with the principle of the law of nations and ot war, 
 that enemy's property duly captured in war becomes the property of the Government 
 or power by whose forces it is taken, and not that of the individuals who take it.(&) 
 
 public property, as well as to make rules concerning captures on laud and water, can 
 
 a See G. C. M. 0. 12, 19, War Department, 1872. 
 
 &U. S. v. Klein, 13 Wallace, 136; Decatur v. U. S., Devereux, 110; Whiter. Red 
 Chief, 1 Woods, 40; Branner v. Felkuer, 1 Heisk., 232; Worthy v. Kiuamou 44 Ga., 
 299; Huff v. Odom, 49 ibid., 395; 13 Opiu. Att. Gen.. 105; Hough (Practice), 329,330; 
 G. O. 54, Headquarters of Army, Mexico, 1848 ; G. 0. 21, War Department, 1848 ; G. O. 
 64, 107, ibid., 1862. And see also Lamar v. Browne, 2 Otto, 195, in regard to the same 
 principle as illustrated by the captured and abandoned property act of March 12, 1863. 
 
 c Worthy v. Kinamon, supra. 
 
 (I Article I, section. 8, paragraph 11; Article IV, section 3, paragraph 2. 
 
708 THE MILITARY LAWS OF THE UNITED STATES. 
 
 0- Every officer commanding a troop, battery, or 
 
 10 Art war. company, is charged with the arms, accouterments, ammu- 
 
 nition, clothing, or other military stores belonging to his 
 command, and is accountable to his colonel in case of their 
 being lost, spoiled, or damaged otherwise than by unavoid- 
 able accident, or on actual service. 
 
 Mar 10 3 g i863 c ART. 11. Every officer commanding a regiment or an iiide- 
 736 8 ' ^ 2>v< 12> p P en dent troop, battery, or company, not in the field, may, 
 
 11 Art. war. when actually quartered with -such command, grant fur- 
 
 loughs to the enlisted men, in such numbers and for such 
 time as he shall deem consistent with the good of the serv- 
 ice. Every officer commanding a regiment, or an independ- 
 ent troop, battery, or company, in the field, may grant 
 furloughs not exceeding thirty days at one time, to five per 
 centum of the enlisted men, for good conduct in the line of 
 duty, but subject to the approval of the commander of the 
 forces of which said ennlisted men form a part. Every 
 company officer of a regiment, commanding any troop, 
 battery, or company not in the field, or commanding in any 
 garrison, fort, post, or barrack, may, in the absence of his 
 field-officer, grant furloughs to the enlisted men, fora time 
 not exceeding twenty days in six months, and not to more 
 than two persons to be absent at the same time. 
 
 i u lrt r war ART. 12. At every muster of a regiment, troop, battery, 
 or company, the commanding officer thereof shall give to 
 the mustering officer certificates, signed by himself, stating 
 how long absent officers have been absent and the reasons 
 of their absence. And the commanding officer of every 
 troop, battery, or company shall give like certificates, stat- 
 ing how long absent non-commissioned officers and private 
 soldiers have been absent and the reasons of their absence. 
 Such reasons and time of absence shall be inserted in the 
 muster-rolls opposite the names of the respective absent 
 officers and soldiers, and the certificates, together with the 
 muster-rolls, shall be transmitted by the mustering officer 
 to the Department of War. as speedily as the distance of 
 the place and muster will admit. 
 cate a s l8e certifi ' ART. 13. Every officer who signs a false certificate, relat- 
 
 13 Art. war. | n g t o the absence or pay of an officer or soldier, shall be 
 dismissed from the service. 1 
 
 alone authorize the sale or transfer of the same. An officer or soldier of the Army 
 who assumes of his own authority to appropriate such articles renders himself 
 chargeable with a military offense. (a) (D*ig. J. A. Gen., p. 22, par. 1.) 
 
 1 It will not be a sufficient defense to a charge under this article that the accused 
 believed the certificate signed by him to bo true if it was false in fact. (&) But held 
 that the mere signing, by an officer, of a voucher for his pay, before the last day of 
 the month for which it was due, did not constitute an offense of the class intended 
 to be made punishable by this article, (c) (Dig. Opiii. J. A. Gen., 23.) 
 
 a See, in this connection, section 5313, Revised Statutes. 
 
 I Samuel, 298. And see O'Brien, 302. 
 
 c!See G. C. M. O. 28, War Department, 1872. 
 
THE MILITARY LAWS OF THE UNITED STATES. 709 
 
 ART. 14. Any officer who knowingly makes a false mus- ^^"war 1 "' 
 ter of man or horse, or who signs, or directs, or allows the 
 signing of any muster-roll, knowing the same to contain a 
 false muster, shall, upon proof thereof by two witnesses, 
 before a court-martial, be dismissed from the service, and 
 shall thereby be disabled to hold any office or employment 
 in the service of the United States. 
 
 ART. 15. Any officer who, willfully or through neglect, Allowing mm- 
 
 J ? tary stores to be 
 
 suffers to be lost, spoiled, or damaged, any military stores dam aged, 
 belonging to the United States, shall make good the loss 67, s. i. v. 12,' p'. 
 or damage, and be dismissed from the service. 15 Art. war. 
 
 ART. 16. Any enlisted man who sells, or willfully or wasting am- 
 
 J munition. 
 
 through neglect wastes the ammunition delivered out to i Art. War. 
 him, shall be punished as a court-martial may direct. 
 
 ART. 17. Any soldier who sells or through neglect loses Selling horse, 
 or spoils his horse, arms, clothing, or accoutrements shall faSed by e conr 
 be punished as a court-martial may adjudge, subject to! 1 '27, 1392, 
 such limitations as maybe prescribed by the President by v ' I }' Jrt! 7 war. 
 virtue of the power vested in him. 1 
 
 ART. 18. Any officer commanding in any garrison, fort, Commanders 
 
 ' not to be inter- 
 
 or barracks of the United States who, for his private ad-csted in sale of 
 
 victuals, etc. 
 
 vantage, lays any duty or imposition upon, or is interested is Art. war. 
 
 This article is quite independent of the regulations contained in article 60, Army 
 Regulations, relating to boards of survey. The latter pass upon questions of pecun- 
 iary responsibility for the loss, etc., of public property. Tho court-martial, under 
 this article, simply imposes punishment, (a; (Ibid., 23, par. 1.) 
 
 The description, "his clothing," refers to articles which are regularly issued to the 
 soldier for his use in the service and with the safe-keeping of which he is charged. 
 His property in them is qualified by the trust that lie can not dispose of them while 
 he is in the military service, and can only use them for military purposes. (Ibid., 
 par. 2.) 
 
 Improper dispositions of property in the charge and use of soldiers, other than 
 those indicated in the article, Avill in general properly be charged under article 62. 
 (Ibid. ,24, par. 3.) 
 
 Only three offenses are made punishable by this article soiling, through neglect 
 losing, through neglect spoiling. Any other form of wrongful disposition should be 
 made the subject of a charge under article CO or article G2. The selling, losing, etc., 
 of objects other than those mentioned in this article should bo charged under article 
 62. Held that a selling or losing of the following articles was not punishable under 
 article 17, viz., sheets, pillows, pillowcases, mattress covers, shelter tent, barrack 
 bag, greatcoat strap, tin cup, spoon, knife, fork, meat-ration can, cartridges. (Ibid., 
 par. 4.) 
 
 'Unlawfully disposing of" (or "otherwise unlawfully disposing of") clothing, 
 arms, etc., is not a proper form for the charge under this article. A charge under 
 this article should not be expressed in the alternative as that the accused " i 
 
 or "through neglect lost." The selling, through neglect losing, and through neg- 
 lect spoiling, are distinct offenses and are to be so charged. (Ibid., par. 5.) 
 
 Clothing issued and charged to a soldier is not now (as it was formerly) regarded 
 as remaining the property of the United States. It is now considered as becoming, 
 upon issue, the property of the soldier, although his use of it is, for purposes of dis- 
 cipline, qualified and restricted. Thus, he commits a military offense by disposing of 
 it as specified in this article, though the United States may suffer no loss. (Ibid., 
 par. 6.) 
 
 The present seventeenth article (as amended by the act of July 27, 1892) does not 
 authorize a stoppage or forfeiture of pay to reimburse the United States. The stop- 
 page which was enjoined by the old form of the article is dropped entirely from the 
 present statute. This provides for punishment only does not provide any means 
 of reimbursing the appropriation out of which the lost, tc., property was paid for, 
 or of repairing the loss or damage as such. So, held (April, 1893) tb.at a sentence, 
 upon a conviction under this article, which adjudged a stoppage of pay "to reim- 
 burse the United States for the value of the clothing alienated " was unauthorized 
 and inoperative. (Ibid., %, par. 7.) 
 
 a Where a trial is had, the proceedings of a board of survey, already ordered in the 
 same case, will not be competent evidence to prove the fact of the Jos's, etc., charged. 
 G. C. M. 0. 45, Department of the Missouri, 1877 ; G. C. M. 0. 15, Department of Texas, 
 
710 THE MILITARY LAWS OF THE UNITED STATES. , 
 
 in, the sale of any victuals, liquors, or other necessaries of 
 
 life, brought into such garrison, fort, or barracks, for the 
 
 use of the soldiers, shall be dismissed from the service. 
 
 w?rd r r P Saht ART. 19. Any officer who uses contemptuous or disre- 
 
 etc Prosident ' spectful words against the President, the Vice-President, 
 
 19 Art. war. j ie Congress of the United States, or the chief magistrate 
 
 or legislature of any of the United States in which he is 
 
 quartered, shall be dismissed from the service, or other- 
 
 wise punished, as a court-martial may direct. Any soldier 
 
 who so offends shall be punished as a court-martial may 
 
 direct. 1 
 
 Disrespect to- ART. 20. Any officer or soldier who behaves himself 
 
 ward command- 
 
 in foArt er war w *^ Disrespect toward his commanding officer shall be 
 
 punished as a court-martial may direct. 2 
 
 e^ior^mce? su ART. 21. Any officer or soldier who, on any pretense 
 21 Art. war. whatsoever, strikes his superior officer, or draws or lifts 
 up any weapon, or offers any violence against hiin, being 
 in the execution of his office, or disobeys any lawful com- 
 mand of his superior officer, shall suffer death, or such 
 other punishment as a court-martial may direct. 3 
 
 1 When a trial of an officer or soldier has been resorted to under this article, it has 
 usually been on account of the use of "contemptuous or disrespectful words against 
 the President," or the Government mainly as represented bv the President. The 
 deliberate employment of denunciatory or' contumelious language in regard to the 
 President, whether spoken in public, or published, or conveyed in a communication 
 designed to be made public, has, in repeated cases, been made the subject of charges 
 and trial under this article ; (a) and, where taking the form of a hostile arraignment, 
 by an officer, of the President or his Administration, for the measures adopted in 
 carrying on the late war a juncture when a peculiar obedience and deference were 
 due, on the part of the subordinate, to the President as Executive and Commander 
 in Chief was in general punished by a sentence of dismissal. On the other hand, it 
 was held that adverse criticisms of the acts of the President, occurring in political 
 discussions, and which, though characterized by intemperate language, were not 
 apparently intended to be disrespectful to the President personally or to his office, 
 or to excite animosity against him, were not in general to be regarded as properly 
 exposing officers or soldiers to trial under this article. To seek, indeed, for ground 
 of offense in such discussions would ordinarily be inquisitorial and beneath the dig- 
 nity of the Government. (Ibid., 25.) 
 
 2 The disrespect here indicated may consist in acts or words ; (b) and the particu- 
 lar acts or words relied upon as constituting the offense should properly be set forth 
 in substance in the specification, (c) It must be shown in evidence under the charge 
 that the officer offended against was the "commanding officer" of the accused, (d) 
 The commanding officer of an officer or soldier in the sense of this article is properly 
 the superior who is authorized to require obedience to his orders from such officer or 
 soldier, at least for the time being. Thus where a battalion was temporarily detached 
 from a regiment and placed under the orders of the commander of a portion of the 
 Army distinct from that in which the main part of the regiment was included, held 
 that it was the commander of this portion who was the commanding officer of the 
 detachment, and that the use by an officer of such detachment of disrespectful lan- 
 guage in reference to the regimental commander (who had remained with and in com- 
 mand of the main body of the regiment) was properly chargeable not under this arti- 
 cle, but rather under the sixty-second. (Dig. Opin. 'j. A. Gen., 26, par. 1.) 
 
 Held that disrespectful language used in regard to his captain by a soldier when 
 detached from his company and serving at a hospital, to the surgeon in charge of 
 which he had been ordered to report for duty, was an offense cognizable by court- 
 martial not under this article, but under article G2. (Ibid., par. 2.) 
 
 3 To justify a conviction of the capital offense of offering violence against a superior 
 officer, it should be made to appear in evidence that the accused knew or believed 
 
 a See cases in G. C. M. O. 43, War Department, 1863; G. O. 171, Armv of the Po- 
 tomac, 1862; G. 0. 23, ibid., 1863; G. 0. 52, Middle Department, 1863; G. 0.^119, Depart- 
 ment of the Ohio, 1863 ; G. 0. 33, Department of the Gulf, 1863 ; G. 0. 68, Department 
 of Washington, 1864 ; G. 0. 86, Northern Department, 1864 ; G. 0. 1, ibid., 1865 ; G. 0. 29. 
 Department of North Carolina, 1865. 
 
 6 G. O. 44, Department of Dakota. 1872. And see G. C. M. 0. 28, War Department, 
 1875; G. 0. 47, Department of the Platte, 1870. 
 
 c Gr. C. M. 0. 35, Department of the Missouri, 1872. 
 
 dG. 0. 53, Department of Dakota, 1871. 
 
THE MILITARY LAWS OF THE UNITED STATES. 711 
 
 ART. 22. Any officer or soldier who begins, excites, 
 causes, or joins in any mutiny or sedition, in any troop, 
 
 that the person assaulted was in fact an officer in the Army and was his "superior" 
 in rank, (a) (Ibid., 27, par. 1.) 
 
 Under a charge of a A r iolation of this article in offering violence to a superior officer, 
 it should be alleged and proved that the officer assaulted was at the time "in the exe- 
 cution of his office." (Ibid., par. 2.) 
 
 Jleld that in charging a striking or doing of violence to a superior officer under this 
 article, in a case where the. assault was fatal, it was allowable to add in the specifica- 
 tion, "thereby causing his death," as indicating the measure of violence employed. 
 (Ibid., par. 3.) 
 
 The "superior officer" in the sense of this article need not necessarily have been 
 the commanding officer of the accused at the time of the offense. The article is thus 
 broader than article 20, which relates only to an offense against a "commanding 
 officer." (Ibid., par 4.) 
 
 Where an inferior officer was charged with having disobeyed an order given him 
 on the spot by a superior officer, held that it should be made to appear in proof that 
 the latter, if not personally known to the accused to be his superior officer, was rec- 
 ognizable as such by his uniform or otherwise. (Ibid., par. 5.) 
 
 A noncomplianco by a soldier with an order emanating from a noncommissioned 
 officer is not an offense under this article, but one to be charged, in general, under 
 the sixty-second, (b) (Ibid, par. 6.) 
 
 Under a charge of a disobedience of the order of a superior officer in violation of 
 this article, it should be alleged, and should appear from the evidence introduced, 
 that the order or "command" was "lawful." An officer or soldier is not punish- 
 able under this article for disobeying an unlawful order. But the order of a proper 
 superior is to be presumed to be lawful, and should be obeyed, where it is not 
 clearly and obviously in contravention of law. Unless the illegality is unquestion- 
 able, he should obey first and seek redress, if entitled to any, afterwards. A mili- 
 tary inferior in refusing or failing to comply with the order of a superior on the 
 ground that the same is, in his opinion, unlawful, does so, of course, on his own 
 personal responsibility and at his own risk. (Ibid., par. 7.) 
 
 To justify, from a military point of view, a military .inferior in disobeying the 
 order of a superior, the order must be one requiring something to be done which is 
 palpably a breach of law and a crime or an injury to a third person, or is of a serious 
 character (not involving unimportant consequences only) and if done would not be 
 susceptible of being righted. An order requiring the performance of a military 
 d uty or act can not be disobeyed with impunity unless it hds one of these characters. 
 If riot triable under the twenty-first article, such disobedience may be tried under 
 the sixty-second. In the Cedarquist case it was held by the Judge- Advocate-General 
 that "there could be no more dangerous principle iii the government of the Army 
 than that each soldier should determine for himself whether an order requiring a 
 military duty to be performed is necessary or in accordance with orders, regulations, 
 decision circulars, or custom, and may disobey the order if, in his judgment (taking, 
 of course, all risks in case his judgment should be erroneous), it should not be neces- 
 sary or should bo at variance with orders, regulations, decision circulars, or custom. 
 It is his duty to obey such order first, and if he should be aggrieved thereby, he can 
 seek redress afterwards." 
 
 The civil responsibility is another matter. Civil courts have sometimes made 
 allowance for the requirements of military discipline, but, if they should not, the 
 military obligation would remain unimpaired. The soldier, in entering the service, 
 has voluntarily submitted himself to this double and possibly conflicting liability. 
 The evil of an undisciplined soldiery would bo far greater than the injustice (appar- 
 ent, rather than actual) of this principle. (Opin. J. A. Gen.) 
 
 "The first duty of a soldier is obedience, and without this there can be neither 
 discipline nor efficiency in an army." (McCall v. McDowell, 15 Fed. Gas., 1235.) 
 
 "To insure efficiency an army must be, to a certain extent, a despotism. Each 
 officer * * * is invested with an arbitrary power over those beneath him, and 
 the soldier who enlists in the army waives, in some particulars, his rights as a civil- 
 ian, surrenders his personal liberty during the term of his enlistment, and consents 
 to come and go at the will of his superior officers. He agrees to become amenable to 
 the military courts, to be disciplined for offenses unknown to the civil law, to relin- 
 quish his right of trial by jury, and to receive punishments which, to the civilian, 
 seem out of all proportion to the magnitude of the offense." (U. S. v. Clarke, 3 Fed. 
 Rep., 713 Brown, J.) 
 
 "An army is not a deliberative body. It is the executive arm. Its law is that of 
 obedience. No question can be left open as to the right to command in the officer, or 
 the duty of obedience in the soldier. Vigor and efficiency on the part of the officer 
 and confidence among the soldiers in one another are impaired if any question be 
 left open as to their attitude to each other." (In re Grimley, 137 U. S.,'l53.) 
 
 The offense of disobedience of orders contemplated by this article consists in a 
 refusal or neglect to comply with a specific order to do or not to do a particular 
 thing. A mere failure to perform a routine duty is properly charged under article 
 62. (c) Where an officer neglected fully to perform his duty under general instruc- 
 tions given him in regard to the conduct of an expedition against Indians, held that 
 his offense was properly chargeable not under the twenty-first but under the sixty- 
 second article. (Dig. Opin. J. A. Gen., 28, par. 9.) 
 
 An officer or soldier on leave of absence can not in general be made liable to a 
 
 a See G. 0. 34, Department of Virginia, 1863. 
 
 6 See the provision, introductory to the Articles of War, of section 1342, Revised 
 Statutes, in which it is specified that "the word officer, as used therein, shall be 
 understood to designate commissioned officers." 
 
 c See G. C. M. O. 28, War Department, 1872; G. C. M. O.7, Department of Texas, 
 1875; G. 0. 24, 35, Fifth Military District, 1868. 
 
712 THE MILITARY LAWS OF THE UNITED STATES. 
 
 battery, company, party, post, detachment, or guard, shall 
 suffer death, or such other punishment as a court-martial 
 may direct. 1 
 Failing to re- ART. 23. Any officer or soldier who, being present at any 
 
 sist mutiny. * ' 
 
 23 Art. War. mutiny or sedition, does not use his utmost endeavor to 
 
 charge of disobedience of orders, except, indeed, where required by a positive order, 
 issued on account of a public emergency, to return before his leave has expired, and 
 failing to comply with such requirement. (Ibid., 29, par. 10.) 
 
 An illiterate soldier, unable to sign his name, was furnished with a written exhibit 
 of it, and ordered by his commanding officer to continue to copy the same till he 
 could properly sign his name to papers. He refused. Held that such order, while 
 not in fact a legal one, was not one palpably illegal, and that the soldier should have 
 obeyed it and complained afterwards. Disobedience of an order, however, where its 
 illegality is merely doubtful, should be charged under the sixty-second rather than 
 under this article. (Ibid., par. 12.) 
 
 Where an officer respectfully declined to comply with the direction of his superior 
 to sign the certificate to a report of target-firing, on the ground that the facts set 
 forth in such certificate were not within his knowledge, he having been stationed at 
 the butt, where he was not in a position to be informed as to such facts, held that he 
 was not amenable to a charge of disobedience of orders under this article. (Ibid., 
 30, par. 16.) 
 
 The term officer ("superior officer''), in this as in other articles of war, means com- 
 missioned officer. (Section 1342, Kevised Statutes.) So held that the disobedience 
 by a cadet private of the Military Academy of an order of a cadet lieutenant of his 
 company was not chargeable under this article, but was an offense under article 62. 
 (Ibid., par. 17.) 
 
 1 Mutiny at military law may be defined to be an unlawful opposing or resisting of 
 lawful military authority, with intent to subvert the same, or to nullify or neutral- 
 ize it for the time, (a) It is this intent which distinguishes mutiny from other 
 offenses, and especially from those with which, to the embarrassment of the student, 
 jt has frequently been coni'used, viz, those punishable by the twenty-first article, as 
 also those which, under the name of "mutinous conduct," are merely forms of viola- 
 tion of article 62. The offenses made punishable by this article are not necessarily 
 "aggregate" or joint offenses; (b) among them is the beginning or causing of a 
 mutiny, which may be committed by a single person. In general, however, the 
 offense here charged will be a concerted proceeding, the concert itself going far to 
 establish the intent necessary to the legal crime. (Dig. Opin. J. A. Gen., p. 30, par. 1.) 
 
 To charge as a capital offense under this article a mere act of insubordination or 
 disorderly conduct on the part of an individual soldier or officer, unaccompanied by 
 the intent above indicated, is irregular and improper, (c) Such an act should in 
 general be charged under article 20, 21, or 62. (Ibid., 31, par. 1.) 
 
 Soldiers can not properly be charged with the offense of joining in a mutiny under 
 this article where their act consists in refusing, in combination, to comply with an 
 unlawful order. Thus, whore a detachment of volunteer soldiers who, under and 
 by virtue of acts of Congress specially authorizing the enlistment of volunteers for 
 the purpose of the siippression of the rebellion, and with the full understanding on 
 their part and that of the officers by whom they were mustered into the service that 
 they were to be employed solely for this purpose, entered into enlistments expressed 
 In terms to be for the war, and after doing faithful service during the war, and just 
 before the legal end of the war, but when it was practically terminated, and when the 
 volunteer organizations were being mustered out as no longer required for the prose- 
 cution of the war, were ordered to march to the Plains, and to a region far distant 
 from the theater of the late war, and engage infighting Indians, wholly unconnected 
 as allies or otherwise with the recent enemy, and thereupon refused together to com- 
 ply with such orders, held that they were not chargeable witli mutiny. While by 
 the strict letter of their contracts they were subject to bo employed upon any mili- 
 tary service up to the last day of their terms of enlistment, the public acts aud 
 history of the time made it perfectly clear that this enlistment was entered into 
 for the particular purpose and in contemplation of the particular service above indi- 
 cated, and to treat the parties as bound to another and distinct service, and liable to 
 capital punishment if they refused to perform it, was technical, unjust, and in sub- 
 stance illegal. (Ibid, par. 3.) 
 
 In a case where a brief mutiny among certain soldiers of a colored regiment was 
 clearly provoked by inexcusable violence on the part of their officer, the outbreak 
 not having been premeditated, and the men having been prior thereto subordinate 
 and well conducted, advised that a sentence of death imposed by a court-martial upon 
 one of -the alleged mutineers should be mitigated and the officer himself brought to 
 trial. Similarly advised in the cases of sentences of long terms of imprisonment 
 imposed upon sundry colored soldiers who, without previous purpose of revolt, had 
 been provoked into momentary mutinous conduct by the recklessness of their 
 officer in firing upon them and wounding several, in order to suppress certain insub- 
 ordination which might apparently have been quelled by oriinary inetnods. (d) 
 (Ibid., 32, par. 4.) 
 
 a Compare the definition and description of mutiny or revolt at maritime law in 
 U. S. v. Smith, 1 Mason, 147; U. S. v. Haines, 5 ibid., 276; TJ. S. v. Kelly, 4 Wash., 528; 
 U. S. v. Thompson, 1 Sumner, 171 ; U. S. v. Borden, 1 Sprague, 376. 
 
 b Samuel, 254, 257; G. O. 77, War Department, 1837; G. 0. 10, Department of the 
 Missouri, 1863. 
 
 c See G. 0. 7, War Department, 1848 ; G. 0. 115, Department of Washington. 1865 ; 
 G.C.M. O. 73, Department of the Missouri, 1873. And compare D. S. v. Smith, 1 
 Mason, 147; U. S.fl. Kelly, 4 Wash., 528; U. S. v. Thompson, 1 Sumner, 171. 
 
 d Compare cases in G. 0. 12, War Department, 1855; G. O. 104, ibid., 1863 ; G. C-M. 
 0. 50, Headquarters of Army, 1867. 
 
THE MILITARY LAWS OF THE UNITED STATES. 713 
 
 suppress the same, or having knowledge of any intended 
 mutiny or sedition, does not, without delay, give informa- 
 tion thereof to his commanding officer, shall suffer death, 
 or such other punishment as a court-martial may direct. 
 
 ART. 24. All officers, of what condition soever, have f Q u s arrel8 and 
 power to part and quell all quarrels, frays, and disorders, 24 Art - War 
 whether among persons belonging to his own or to another 
 corps, regiment, troop, battery, or company, and to order 
 officers into arrest, and non-commissioned officers and 
 soldiers into confinement, who take part in the same, until 
 their proper superior officer is acquainted therewith. And 
 whosoever, being so ordered, refuses to obey such officer 
 or non-commissioned officer, or draws a weapon upon him, 
 shall be punished as a court-martial may direct. 1 
 
 ART. 25. No officer or soldier shall use any reproach ful or * e r p r v ?J^^ 
 or provoking speeches or gestures to another. Any officer 8p f c Jrt- War 
 who so offends shall be put in arrest. Any soldier who so 
 offends shall be confined, and required to ask pardon of 
 the party offended, in the presence of his commanding 
 officer. 2 
 
 ART. 26. No officer or soldier shall send a challenge to ft challenges to 
 
 fight duels. 
 
 another officer or soldier to fight a duel, or accept a chal- Feb. 27, 1377, v. 
 
 19, p. 244. 
 
 lenge so sent. Any officer who so offends shall be dis- 26 Art. war. 
 missed from the service. Any soldier who so offends shall 
 suffer such punishment as a court-martial may direct. 3 
 
 ] It is a principle of the common law that any bystander may and should arrest 
 an affrayer. (1 Hawkins, P. C., c. 63, s. 11 ; Timothy v. Simpson, 1 C. M. & 11., 762, 765; 
 Phillips v. Tnill, 11 Johns , 487.) And that an officer or soldier, by entering the mil- 
 itary service, does not cease to be a citizen and as a citizen is authorized and bound 
 to put a stop to a breach of the peace committed in his presence, has been specific- 
 ally held by the authorities. (Burdett v. Abbott, 4 Taunt ,449; Bowyer, Com. on 
 Const. L. of Eng., 499; Simmons, sees. 1096-1100.) This article is thus an application 
 of an established common-law doctrine to the relations of the military service. (See 
 its application illustrated in the following general orders: G. 0. 4, War Department, 
 1843; G. 0. 63, Department of the Tennessee, 1863; G. 0. 104, Department of the Mis- 
 souri, 1863 ; G. O. 52, Department of the South, 1871 ; G. 0. 92, ibid., 1872.) (Dig. J. A. 
 Gen., 32.) 
 
 5 This article confers no jurisdiction or power to punish on courts-martial, but 
 merely authorizes the taking of certain measures of prevention and restraint by 
 commanding officers ; i. e., measures preventive of serious disorders such as are indi- 
 cated in the two following articles relating to duels, (a) (Ibid., 33.) 
 
 'To establish that a challenge was sent, there must appear to have been communi- 
 cated by one party to the other a deliberate invitation in terms or in substance to 
 engage in a personal combat with deadly weapons, with a view of obtaining satis- 
 faction for wounded honor, (b) The expression merely of a willingness to fight, or 
 the use simply of language of hostility or defiance, will not amount to a challenge. 
 On the other hand, though the language employed be couched in ambiguous terms, 
 with a view to the evasion of the legal consequences, yet if the intention to invite to 
 a duel is reasonably to be implied and ordinarily, notwithstanding the stilted and 
 obscure verbiage employed, this intent is quite transparent a challenge will be 
 deemed to have been given. And the intention of the message, where doubtful 
 xipon its face, may be illustrated in evidence by proof of the circumstances under 
 which it Avas sent, and especially of the previous relations of the parties, the con- 
 tents of other communications between them on the same subject, etc. (c) And 
 technical words in an alleged challenge may be explained by a reference to the so- 
 called duelling code. (d). (Dig. J. A. Gen., 33.) 
 
 It may be noted that our Articles of War, unlike the British, fail to make pun 
 ishable, as a specific military offense, the engaging in a duel. Such an act, therefore 
 would, as such, be in general chargeable only under article 62. (Ibid., 34.) 
 
 o Compare Samuel, 372. 
 
 fc Compare the definition in 2 Wharton, Cr. L., sees. 2624-2679. 
 
 c See note 1 to article 27, par. 2. 
 
 d States. Gibbons, 1 South, 51. 
 
714 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Allowing per- ART. 27. Any officer or non-commissioned officer, corn- 
 sons to go out 
 and fight; sec niauding a guard, who, knowingly and willingly, suffers 
 
 any person to go forth to figlit a duel, shall be punished as 
 
 moters. 
 
 in f8 C Art! e wlr'. 
 
 29 Art. war. 
 
 30 Art. war. 
 
 a challenger; and all seconds or promoters of duels, and 
 carriers of challenges to fight duels, shall be deemed prin- 
 cipals, and punished accordingly. It shall be the duty of 
 any officer commanding an army, regiment, troop, battery, 
 company, post or detachment, who knows or has reason to 
 believe that a challenge has been given or accepted by any 
 officer or enlisted man under his command, immediately to 
 arrest the offender and bring him to trial. 1 
 
 ART. 28. Any officer or soldier who upbraids another 
 officer or soldier for refusing a challenge shall himself be 
 punished as a challenger; and all officers and soldiers are 
 hereby discharged from any disgrace or opinion of disad- 
 vantage which might arise from their having refused to 
 accept challenges, as they will only have acted in obedience 
 to the law, and have done their duty as good soldiers, who 
 subject themselves to discipline. 
 
 ART. 29. Any officer who thinks himself wronged by the 
 commanding officer of his regiment, and, upon due appli- 
 cation to such commander, is refused redress, may complain 
 to the general commanding in the State or Territory where 
 such regiment is stationed. The general shall examine into 
 said complaint and take proper measures for redressing 
 the wrong complained of; and he shall, as soon as possible, 
 transmit to the Department of War a true statement of 
 such complaint, with the proceedings had thereon. 
 
 ART. 30. Any soldier who thinks himself wronged by 
 any officer may complain to the commanding officer of his 
 regiment, who shall summon a regimental court-martial for 
 the doing of justice to the complainant. Either party may 
 appeal from such regimental court-martial to a general 
 court-martial; but if, upon such second hearing, the appeal 
 appears to be groundless and vexatious, the party appeal- 
 ing shall be punished at the discretion of said general 
 court-martial. 2 
 
 'On the general subject of challenges, and the question what constitutes a chal- 
 lenge, see the principal cases of the sending of challenges in our service-, as pub- 
 lished in G. O. 64, A. G. O., 1827 ; G. O. 39, 41, ibid., 1835 ; G. O. 2. War Department, 
 1858; G. O.,330, ibid., 1863; G. 0. 11, Army of the Potomac, 1861 ; G. O. 46, Depart- 
 ment of the Gulf, 1863; G. O. 223, Department of the Missouri, 1864; G. O. 130, 
 ibid. ,1872; G. 0. 33, Department and Army of the Tennessee, 1864. And compare 
 Commonwealth v. Levy, 2 Wheeler, Cr. C.', 245 ; Commonwealth v. Tibbs, 1 Dana, 52-1 ; 
 Commonwealth v. Hart. 6 J. J. March, 119; State v. Taylor, 1 So. Ca., 108; State v. 
 Strickland, 2 Nott & McCord, 181 ; Ivey v. State, 12 Ala.. 277; Aulger v. People, 34 
 III., 486 ; 2 Bishop, Cr. L., sec. 314 ; Samuel, 384-387 ; State v. Gibbons, I South, 51. 
 
 2 See the title "Regimental Courts-Martial" in the chapter entitled MILITARY 
 TRIBUNALS. 
 
 This article is not inconsistent with article 83, which prohibits regimental courts 
 from trying commissioned officers. It does not contemplate or provide for a trial of 
 an officer as an accused, but simply an investigation and adjustment of some matter 
 in dispute as, for example, a question of accountability for public property, of right 
 to pay or to an allowance, of relief from a stoppage, etc. The regimental court does 
 
THE MILITARY LAWS OF THE UNITED STATES. 715 
 
 ART. 31. Any officer or soldier who lies out of his quar- Jj 8 out of 
 
 ters, garrison, or camp, without leave from his superior si Art. war. 
 officer, shall be punished as a court martial may direct. 
 
 ART. 32. Any soldier who absents himself from his troop, Soldier absent 
 
 . ' without leave. 
 
 battery, company, or detachment, without leave from his 32 Art. war. 
 commanding officer, shall be punished as a court-martial 
 may direct. 1 
 
 ART. 33. Any officer or soldier who fails, except when pa f,!de n without 
 prevented by sickness or other necessity, to repair, at the le I^Xrt. Wan 
 fixed time, to the place of parade, exercise, or other ren- 
 dezvous appointed by his commanding officer, or goes from 
 the same, without leave from his commanding officer > before 
 he is dismissed or relieved, shall be punished as a court- 
 martial may direct. 
 
 ART. 34. Any soldier who is found one mile from camp, cs ^ 
 
 not really act as a court, but as a board, and the " appeal " authorized is practically 
 from one board to another. But though the regimental court has no power to find 
 " guilty" or "not guilty," or to sentence, it should come to some definite opinion or 
 conclusion one sufficiently specific to allow of its being intelligently reviewed by 
 
 leave. 
 34 Art. War. 
 
 the general court, if desired. (Dig. J. A. Gen., 35, par. 1.) 
 
 The "regimental court-martial" under the thirtieth article of war can not be used 
 as a substitute for a general court-martial or court of inquiry, for it can not try an 
 officer, nor make an investigation for the purpose of determining whether lie shall 
 bo brought to trial. When, if the soldier's complaint should be sustained, the only 
 redress would be a reprimand to the officer, the matter would not be within the juris- 
 diction of this court. It can only investigate such matters as are susceptible of re- 
 dress by the doing of justice to the complainant; that is, when in some way ho can 
 be set right by putting a stop to the wrongful condition which the officer has caused 
 to exist. Erroneous stoppages of pay, irregularity of detail, the apparent require- 
 ment of more labor than from other soldiers, and the like, might in this way be in- 
 vestigated and the wrongful condition put an end to. The court will in such cases 
 record the evidence and its conclusions of fact, and recommend the action to be taken. 
 The members of the court (and the judge-advocate) will be sworn faithfully to per- 
 form their duties as members (and judge-advocate) of the court, and the proceedings 
 will be recorded, as nearly as practicable, in the same manner as the proceedings of 
 ordinary courts-martial. (Manual for Courts-Martial, 89.) 
 
 1 An unauthorized absence from quarters only, unaccompanied with absence from 
 the post or company, is not a technical absence without leave in violation of this 
 article, but an offense under article 62. (Dig. Opin. J. A. Gen., 36.) 
 
 Absence without leave may consist in an act of omission as well as in one of com- 
 mission. Where an officer, detailed to command an escort of prisoners and to deliver 
 them at a certain place, neglected, upon this service being performed, to return with 
 reasonable diligence to his proper station, held that he was chargeable with absence 
 without leave, it being the duty of an officer to return promptly from such a service 
 without further orders, (a) (Ibid., 140, par. 1.) 
 
 Where an officer or soldier, on returning to bis station after an unauthorized ab- 
 sence, is placed upon or allowed to perform full duty by his proper commander, such 
 action, by the custom of the service, operates in general as a waiver of the charge of 
 absence without leave, and may ordinarily be pleaded as a good defense in the event 
 of a trial. (Ibid., par. 2.) 
 
 An enlisted man who has absented himself from his post or company without au- 
 thority is subjected to the forfeiture of pay and allowances prescribed by paragraph 
 
 rial for his absence as an 
 
 offense. The forfeiture is a stoppage by operation of law irrespective of any punish 
 mcnt that may be imposed, and whether any be imposed or not. Thus a soldiei 
 acquitted under a charge of desertion is acquitted of the absence without leave 
 
 involved in the charge, and can not be punished therefor; but if he has been absent 
 without leave in fact, he incurs the forfeiture specified in the regulation . And a sol- 
 dier brought to trial for, arid convicted of, an absence without leave is subject to the 
 forfeiture, though none be adjudged in the sentence. Otherwise, however, if the find- 
 ings be disapproved as not sustained by the testimony. [But the stoppage incurred 
 Tinder paragraph 126, Army Regulations of 1895, is enforced only upon a conviction 
 by court-martial.] (Ibid., par. 3.) 
 
 The forfeiture specified in paragraph 133, Army Regulations of 1895, should not be 
 enforced for absences of less than one day, but the soldier should be left to be pun- 
 ished by sentence of summary court. Thus where the unauthorized absence was for 
 but seven and a half hours, a forfeiture of a day's pay would deprive the soldier of 
 pay for sixteen and a half hours which he had actually earned. Held, therefore, that 
 a stoppage of one day's pay in such a case was not warranted. (Ibid., 141, par. 4.) 
 
 a See, as to the general rule on this subject, G. O. 82, Headquarters of Army, 1866; 
 also paragraph 54, Army Regulations of 1889. 
 
716 THE MILITARY LAWS OF THE UNITED STATES. 
 
 without leave in writing from liis commanding officer, shall 
 be punished as a court-martial may direct. 
 
 ART. 35. Any soldier who fails to retire to his quarters 
 Art. War. or tent at the beating of retreat, shall be punished accord- 
 ing to the nature of his offense. 
 
 i?ar' ART. tSC. No soldier belonging to any regiment, troop, 
 battery, or company shall hire another to do his duty for 
 him, or be excused from duty, except in cases of sickness, 
 disability, or leave of absence. Every such soldier found 
 guilty of hiring his duty, and the person so hired to do 
 another's duty, shall be punished as a court-martial may 
 direct. 
 
 conniving at ART. 37. Every non-commissioned officer who connives at 
 l s? Art" vf&r. such hiring of duty shall be reduced. Every officer who 
 knows and allows such practices shall be punished as a 
 court-martial may direct. 
 
 Dru^kondnty. ART. 38. Any officer who is found drunk on his guard, 
 Feb. is', i875!c. party, or other duty, shall be dismissed from the service. 
 Feb V 27,' 1877, el Any soldier who so offends shall suffer such punishment as 
 69, v. 19, p. 244. a colir t;-inartial may direct. No court-martial shall sen- 
 tence any soldier to be branded, marked, or tattooed. 1 
 Sentinel sleep ART. 39. Any sentinel who is found sleeping upon his 
 
 ing on post. ' 
 
 l Held that a soldier found drnnk when on duty was properly convicted under this 
 article, though his drunkenuess actually commenced before he went on the duty, his 
 condition not bein<; perceived till some time after he had entered upon the same. 
 While it is initself an often so knowingly to allow a soldier to go on duty when under 
 the influence of intoxicating liquor, yet if a soldier is placed on duty while partially 
 under this influence, but without the fact being detected, and his drunkenness con- 
 tinues and is discoA r ered while he remains upon the duty, he is strictly amenable 
 under this article, which prescribes not that the party shall become drunk, but that 
 he shall be "found drunk" on duty, (a) (Dig. Opin. j. A. Gen., 36, par. 1.) 
 
 A charge of drunkenness on duty (drill) held not sustained where the party was 
 found drunk, not at or during the drill, but at the hour appointed for the drill, which, 
 however, by reason of his drunkenness, he did not enter upon or attend. The charge 
 should properly have been laid under article 62. (Ibid., 37, par. 2.) 
 
 An officer reporting in person drunk, upon his arrival at a post, to the commander 
 of which he had been ordered to report, held chargeable under this article. And so 
 held of an officer reporting, when drunk, to the post commander for orders as officer 
 of the day, after having been duly detailed as such. (Ibid., par. 3.) 
 
 But where an officer, after being specially ordered to remain with his company, 
 absented himself from it and from his duty, and while thus absent became and wiis 
 found drunk, held that he was not strictly chargeable with drunkenness on duty 
 under this article, but was properly chargeable with disobedience of orders and 
 unauthorized absence, aggravated by drunkenness. (Ibid., par. 4.) 
 
 A post commander, while present and exercising command as such, is deemed to 
 bo at all times on duty in the sense of this article, and thus liable to a charge under 
 the same if he become drunk at the post, (b) (Ibid., par. 5.) 
 
 A medical officer of a post, where there areconstantly sick persons under his charge 
 who may at any moment require his attendance, may, generally speaking, be deemed 
 to be "on duty," in the sense of the article, during the whole day, and not merely 
 during the hours regularly occupied by sick call, visiting the sick, or attending 
 hospital. If found drunk at any other hour he may, in general, be charged with au 
 offense under this article. (Ibid., par. 6.) 
 
 The drunkenness need not be such as totally to incapacitate the party for the duty ; 
 it is sufficient if it be such as to materially impair the full and free use of his mental 
 or physical abilities, (c) It is not a sufficient defense to a charge of drunkenness on 
 
 a Note' the emphatic order of the President in regard to violations of this article, 
 published in G. O. 104, Headquarters of Army, 1877. See cases in G. . 11, Depart- 
 ment of Louisiana, 1869 ; G. C. M. 0. 113, Department of the Missouri, 3873. 
 
 6 That the article is not limited in its application to mere duties of detail, but 
 embraces all descriptions and occasions of duty, see the interpretation of the same 
 as declared in G. O. 7, War Department, 1856, and affirmed in G. O. 5, ibid., 1857. The 
 case in the latter order, indeed, was a case of drunkenness while on duty as a post 
 commander. See another case of the same character in G. C. M. O. 21, Department of 
 the Missouri, 1870, and the remarks of Major- General Schofield thereon, and compare 
 G. C. M. 0. 9, War Department, 1875. 
 
 c See G. C. M. O. 33, War Department, 1875; also G. C. M. O. 21, Department of the 
 Missouri, 1870; G. 0. 53, 98, Army of the Potomac, 1862; G. O. 48, Department of Vir- 
 ginia and North Carolina, 1864 ; G. O. 33, Department of the Platte, 1871. 
 
THE MILITARY LAWS OF THE UNITED STATES. 717 
 
 post, or who leaves it before lie is regularly relieved, shall 
 suffer death, or such other punishment as a court-martial 
 may direct. l 
 
 ART. 40. Any officer or soldier who quits his guard, pla- Quitting guard, 
 
 ,. ?. 2> etc., without 
 
 toon, or division, without leave irom his superior officer, leave. 
 
 ' .. 40 Art. War. 
 
 except in a case of urgent necessity, shall be punished as a 
 court-martial may direct. 
 
 ART. 41. Any officer who, by any means whatsoever, Faiseaiarms. 
 occasions false alarms in carnp, garrison, or quarters, shall 
 suffer death, or such other punishment as a court-martial 
 may direct. 
 
 ART. 42. Any officer or soldier who misbehaves himself 
 before the enemy, runs away, or shamefully abandons any 
 fort, post, or guard, which he is commanded to defend, or 
 speaks words inducing others to do the like, or casts away 
 his arms or ammunition, or quits his post or colors to plun- 
 der or pillage, shall suffer death, or such other punishment 
 as a court-martial may direct. 2 
 
 duty to show that the accused, though under the influence of liquor, contrived to 
 get through and somehow perform the duty. 
 
 A finding, under a charge of a violation of this article, of not guilty of being 
 "found drunk," but guilty of being "found under the influence of liquor" (or by 
 which the latter Avords are substituted in the specification for the former see Find- 
 ing, sec. 4), recommended to be disapproved, as making a distinction too fine for a 
 practical administration of justice, and establishing a precedent which must tend to 
 defeat the purpose of the article, (a) (Ibid., 38, par. 7.) 
 
 It is immaterial whether the drunkenness be voluntarily induced by spirituous 
 liquor or by opium or other intoxicating drug; in either case the offense may be 
 equally complete, (b) (Ibid., par. 8.) 
 
 Drunkenness not on duty, or when off duty, when amounting to a " disorder, I: 
 should be charged under article 62, unless (in a case of an officer) committed under 
 such circumstances as to constitute an ofiense under article 61. (Ibid., par. 9.) 
 
 No punishment i 'xcept dismissal can legally be imposed upon an ofiicer on a con- 
 viction of the offense made punishable by tins article. A sentence imposing, with 
 dismissal, any further punishment, as imprisonment or forfeiture of pay, is, as to 
 such additional penalty, unauthorized and inoperative, and should so far be dis- 
 approved. (Ibid., par. 10.) 
 
 A soldier drunk on duty otherwise than as specified in General Orders 21 of 1891, 
 II, commits an offense "not herein provided for " (see ibid., IV), and is "punishable 
 as authorized by the Articles of War and the custom of the service," at the discre- 
 tion of the court-martial. (Ibid., 39, par. 11.) 
 
 ] It is no defensj to a charge of " sleeping on post " that the accused had been pre- 
 viously overtasked by excessive guard duty, (c) or that an imperfect discipline 
 prevailed in the command and similar offenses had been allowed to pass without 
 notice; (d) or that the accused was irregularly or informally posted as a sentinel. (e) 
 Evidence of such circumstances, however, may in general be received in extenuation 
 of the offense; or, after sentence, may form the basis for a mitigation or partial 
 remission of the punishment. (/) An officer who places or continues a soldier on 
 duty as a sentinel when, from excessive fatigue, infirmity, or other disability, he ia 
 incompetent to perform the important duties of such a position will ordinarily ren- 
 der himself liable to charges, (g) (Ibid., 39.) 
 
 2 Misbehavior before the enemy may be exhibited in the form of cowardice, or it 
 may consist in a willful violation of orders, gross negligence, or inefficiency, an act 
 of treason or treachery, etc. (h) It need not be committed in the actual sight of the 
 
 a Compare G. C. M. 0. 33, War Department, 1875. 
 
 b Simmons, sec. 157; and see Hough (Precedents), 208; James's Precedents, 60. 
 
 c See G. 0. 74, Army of the Potomac, 1862. 
 
 d G. 0. 74, Army of the Potomac, 1862. 
 
 eG. O. 10, Middle Military Department, 1865; G. 0. 166, Department of the South, 
 1864. 
 
 /See G. 0. 10, 62, Department of Virginia and North Carolina, 1863 ; G. O. 2, North- 
 ern Department, 1865 ; G. O. 67, Department of Washington, 1866 ; G. 0. 9, Department 
 of the South, 1870; G. C. M. 0. 44, Department of Texas, 1875. 
 
 grSee G. 0. 15, Army of the Potomac, 1861; G. O. 62, Department of Virginia and 
 North Carolina, 1863; G. C. M. 0. 59, Department of Texas, 1872; G. C. M. 0. 80, De- 
 partment of the Missouri, 1875. 
 
 ft The phases which this offense may assume are well illustrated in cases published 
 in the following general orders : G. 0. 5, War Department, 1857; G. 0. 183, ibid., 1862; 
 G. 0. 18, 134, 146, 189, 204, 229, 282, 317, ibid., 1863 ; G. O. 27, 64, ibid., 1864; G. C. M. 0. 90, 
 114, 272, 279, ibid., 1864; G. 0. 53, 1, 107, 124, 126, 134, 191, 421, ibid., 1865. 
 
718 THE MILITARY LAWS OF THE UNITED STATES 
 
 Compelling a ART. 43. If any commander of any garrison, fortress, or 
 
 43 Art. war. p OS t is compelled, by the officers and soldiers under his 
 
 command, to give up to the enemy or to abandon it, the 
 
 officers or soldiers so offending shall suffer death, or such 
 
 other punishment as a court-martial may direct. 
 
 enem 
 
 watchword* * * s ^ RT - ^' Any person belonging to the armies of the 
 44 Art. war. United States who makes known the watchword to any 
 person not entitled to receive it, according to the rules and 
 discipline of war, or presumes to give a parole or watch- 
 word different from that which he received, shall suffer 
 death, or such other punishment as a court-martial may 
 direct. 
 
 i?my eving the ART. 45. Whosoever relieves the enemy with money, 
 46 irt. War. victuals, or ammunition, or knowingly harbors or protects 
 an enemy, shall suffer death, or such other punishment as 
 a court-martial may direct. 1 
 
 enemy, but the enemy must bo in the neighborhood, and the act of offense have rela- 
 tion to some movement or service directed against the enemy, or growing out of a 
 movement or operation on his part. It may be committed in an Indian war equally 
 as in a foreign or civil war. (a) (Ibid., 40, par. 1.) 
 
 The term "his arms or ammunition" does not refer to arms, etc., which are the 
 personal property of the soldier, but means such as have been furnished to him by 
 the proper officer for use in the service. (&) The term is to be construed in connection 
 with the further similar expression " his post or colors." (Ibid., 40, par. 2.) 
 
 1 In view of the general term of description in this and the succeeding article, 
 "whosoever," it was held, during the late war, by the Judge- Advocate-General and 
 by the Secretary of War, (c) and has been held later by the Attorney-General, (rf) 
 that civilians, equally with military persons, were amenable to trial and punishment 
 by court martial under either article, (e) (Dig. Opin. J. A. Gen. ,40, par. 1.) But the 
 sounder construction would seem to be that, as the Articles of War are a code 
 enacted for the government of the military establishment, they relate only to per- 
 sons belonging to that establishment unless a din'erent intent should be expressed 
 or otherwise made manifest. No such intent is so expressed or made manifest. 
 
 Persons not belonging to the military establishment may bo proceeded against for 
 the acts mentioned in the article, but it is by virtue of the power of another juris- 
 diction, namely, martialjaw; and martial law does not owe its existence to legisla- 
 
 tion but to necessity. The scope of these articles under the legislation of 3776, 
 apparently extending their application to civilians, seems to have become modified 
 on the adoption of the Constitution. (Opin. J, A. G.) 
 
 During the late war all inhabitants of insurrectionary States were prima facie 
 enemies in the sense of this and the succeeding article. (/) A citizen of an insurgent 
 State who entered the United States military service became of course no longer an 
 enemy. So held of a lieutenant of the First East Tennessee Cavalry. (Dig. Opiu. 
 J. A. Gen., 41, par. 2.) 
 
 It is no less a relieving an enemy under this article that the money, etc., furnished 
 
 a See case in G. 0. 5, War Department, 1857, in which a soldier was sentenced to be 
 hung upon conviction of misbehavior before the enemy on the occasion of a fight 
 with Indians. 
 
 &See Samuel, 592; Hough, Practice, 336. 
 
 c See G. 0. 67, War Department, 1861 ; also the following orders of that Department 
 publishing and approving sentences of civilians tried and convicted under these 
 articles: G. O. 76, 175, 250, 371, of 1863: G.O.51, of 1864: G. C. M. 0. 106, 157, of 1864 : 
 G. C. M. 0. 260, 671, of 1865. 
 
 d!13 Opin. Att. Gen., 472. 
 
 e Admitting this construction to be warranted so far as relates to acts committed 
 on the theater of war or within a district under martial law, it is to be noted that it 
 is the effect of the leading adjudged cases to preclude the exercise of the military 
 jurisdiction over this class of offenses when committed by civilians in places not 
 under military government or martial law. See, especially, Ex parte Milligan, 4 
 Wallace-, 121-123 ; Jones t>. Seward., Barb.563. 
 
 /See the opinion of the United States Supreme Court (frequently since reiterated, 
 in substance) as given by Grier, J., in the "Prize Cases," 2 Black, '666 (1862) ; and by 
 Chase, C. J., in the cases of Mrs. Alexander's Cotton and The Venice, 2 Wallace, 274, 
 418 (1864). In the latter case the Chief Justice observes : " The rule which declares 
 that war makes all the citizens or subjects of one belligerent enemies of the Govern- 
 ment and of all the citizens or subjects of the other, applies equally to civil and to 
 international wars." That an insurrectionary State was no less "enemy's country, " 
 though in the military occupation of the United States, with a military governor 
 appointed by the President, see opinion by Field, J., in Colemau v. Tennessee, 7 
 
THE MILITARY LAWS OF THE UNITED STATES. 719 
 
 ART. 46. Whosoever holds correspondence with, or gives 
 intelligence to, the enemy, either directly or indirect! y, ** Art. War. 
 shall suffer death, or such other punishment as a court- 
 martial may direct. 1 
 
 ART. 47. Any officer or soldier who, having received 
 pay, or having been duly enlisted in the service of the 18 ^ $^9, isao, c. 
 United States, deserts the same, shall, in time of war, suf- 
 fer death, or such other punishment as a court-martial may 
 direct ; and in time of peace, any punishment, excepting 
 death, which a court-martial may direct. 2 
 
 is exchanged for some commodity, as cotton, valuable to the other party. (Ibid., 
 par. 3.) 
 
 The act of "relieving the enemy" contemplated by this article is distinguished 
 from that of trading with the enemy in violation of the laws of war, the former 
 being restricted to certain particular torms of relief, while the latter includes every 
 kind of commercial intercourse not expressly authorized by the Government. (Ibid., 
 par. 4.) 
 
 1 Held that the offense of holding correspondence with the enemy was completed 
 by writing and putting in progress a letter to an inhabitant of an insurrectionary 
 State during the late war, it not being deemed essential to this offense that the 
 letter should reach its destination, (a) (Ibid., 42, par. 1.) 
 
 It is essential, however, to the offense of giving intelligence to the enemy that 
 material information should actually bo communicated to him ; the communication 
 may be verbal, in writing, or by signals. (Ibid., par. 2.) 
 
 2 Tliat a soldier has been charged with a desertion is no evidence that he has com- 
 mitted the offense. Thus, held that the mere fact that a soldier, absent without au- 
 thority, had been arrested and returned to his regiment as a deserter, was no proof 
 whatever of the offense charged. So, held that a mere entry on a morning report 
 book, descriptive roll, or other official statement or return, that a soldier deserted on 
 a certain day, was not legal evidence of a desertion by him, but was evidence only 
 that he had'beencftarv/erf with desertion. (&) So, a report from the Adjutant-General's 
 Office containing extracts from the muster rolls of a regiment on which a soldier of the 
 same was noted as having deserted on a certain date, held incompetent evidence of 
 the fact of desertion, upon a trial of the soldier for that offense. (c) Similarly held 
 that the mere statement of a iirst sergeant, given as testimony on the trial of a sol- 
 dier of his company charged with desertion, that the accused "deserted" at a cer- 
 tain time and place, was insufficient as proof of the offense charged, being, indeed, 
 but an assertion of a conclusion of law. In such cases it is for the witness simply 
 to state the facts and circumstances, so far as known to him, attending the act 
 charged, it being the province of the court alone to arrive at the conclusion that 
 the offense has been committed. To convict a deserter upon an accusation merely, 
 however formally and officially the same may be made, would be as unwarranted in 
 law as it would be unjust in fact. (Dig. Opin. J. A. Gen., 339, par. 3.) 
 
 The nature of the offense of desertion is well illustrated in cases of escape. The 
 mere fact that a soldier, while awaiting trial or sentence, or while under sentence 
 (and not discharged from the service), escapes from his confinement, is not proof of 
 a desertion on his part, since he may have had in view some minor object, such as 
 the procuring of liquor, etc. (d) But an escape, followed by a considerable absence, 
 especially if the soldier is obliged to be forcibly apprehended, is strong presumptive 
 evidence of the existence of the intent necessary to constitute the crime. So, 
 though the abso n ce involved may be comparatively brief, the circumstances accom- 
 panying the escape or attending the apprehension may be such as to justify an 
 equally strong presumption. An escape, with intent not only to evade confinement 
 but to quit the service, while the party is held awaiting proceedings for desertion, 
 is of course a second or additional desertion. 
 
 As to the nature of the offense which may be involved, there is properly no sub- 
 stantial distinction between an escape while awaiting trial or sentence and an 
 escape while in confinement under sentence. An escape, indeed, from an imprison- 
 ment imposed by sentence would probably be more likely to be characterized by an 
 animus non revertendi than an escape from a merely preliminary confinement in 
 arrest. So an escape from confinement while awaiting trial upon a grave charge, 
 which must entail upon conviction a severe punishment, would naturally be more 
 generally so characterized than an escape from an arrest upon a charge of inferior 
 consequence. 
 
 Undoubtedly, in the great majority of cases, escape is desertion ; the precedents, 
 however, show that it is not necessarily so ; and, upon the mere fact alone that a 
 
 aCompare Hensey's Case, 1 Burrow, 642; Stone's Case, 6 Term, 527; Samuel, 580. 
 
 6 Compare G. C. M. 0. 33, Department of the Missouri, 1875. 
 
 cCompare Hanson v. S. Scituate, 115 Mass., 336. 
 
 dSee a case of this nature (an escaping in order to obtain liquor) in G. O. 32, 
 Department of the South, 1873 ; and compare the case in G. O. 87, Department of the 
 South, 1872, in which a conviction of desertion is disapproved on the ground that 
 the evidence showed " merely an escape from the guardhouse, without intention to 
 leave the service or the vicinity of the post." And see in this connection Samuel, 
 324, where to be "discovered,"' after a short absence, "in the pursuit of some acci- 
 dental temporary object, thoiigh perhaps otherwise illicit," is instanced as not 
 indicating an intent, by the offender, "to sever himself from the service." 
 
720 
 
 THE MILITARY LAWS OP THE UNITED STATES. 
 
 Deserter shall ART. 48. Every soldier who deserts the service of the 
 se jln.ii, m? c. United States shall be liable to serve for such period as 
 
 14, s. 16, v. 2, p. 
 
 673 ; Jan. 29, 1812, 
 
 c. 16, s. 127 v. 2, p. soldier has liberated himself from military custody, it is not just to convict him of 
 
 796. having designed to dissolve his contract and permanently abandon the military serv- 
 
 48 Art. War. ice. Of course, an escape from legal military custody is always an offense, and the 
 
 soldier who has escaped may (where his act does not amount to a desertion) he 
 
 brought to trial for such offense as "conduct to the prejudice of good order and 
 
 military discipline." 
 
 It need hardly be added that an escape from imprisonment under sentence, effected 
 by a party who has been dishonorably discharged under the same sentence, can not 
 constitute a desertion or other offense, the party at the time of escape being no 
 longer in the military service. (Ibid., 340, par. 4.) 
 
 Held to be no defense to a charge of desertion that the accused, at the time of the 
 enlistment which he is charged with having abandoned, was an unapprehended 
 deserter from the Army, an enlistment of a deserter being not void but voidable 
 only. (Ibid., 341, par. 5.) 
 
 It is no defense to a charge of desertion that the soldier was induced to abandon 
 the service by reason of ill treatment, want of proper food, etc. ,- such circumstances 
 can only palliate, not excuse, the offense committed. So, in a case of a Swiss, who, 
 having enlisted in our Army, deserted after two years of service, held that it was 
 no defense (though, under the circumstances, matter of extenuation) that his act 
 had been induced by an intense nostalgia or maladie du pays. So, held, in a case of 
 a desertion by a German, that the fact that he had received a notification from the 
 military authorities of the North German Empire to report at home for military 
 duty under the penalty of being considered as a deserter from the German army, 
 constituted no defense to a desertion committed by him from our service, (a) (Ibid., 
 
 It is, however, a complete answer to a charge of desertion before a court-martial 
 that the accused has previously been ' ' restored to duty without trial, ' ' as sanctioned 
 by paragraph 128, Army Regulations of 1889 (pai'agraph 132 of 1895), provided he has 
 been so restored by competent authority, i. e., the commander who would have been 
 authorized to convene a general court for his trial ; otherwise, however, when so 
 restored by a superior not duly authorized. (Ibid., par. 7.) 
 
 KEWARDS. 
 
 The reward Of $10 made payable by paragraph 124, Army Regulations, 1895, is not 
 due merely on the apprehension of a deserter; he must also be delivered " to the 
 proper military authority at a military station, or at some convenient point as near 
 thereto as can'be agreed upoa."(&) The fact of the offer of a reward for the arrest of 
 a deserter does not authorize a breach of the peace or commission of an illegal act in 
 making the arrest, (c) (Ibid, 343, par. 12.) 
 
 The amount of the reward to cite from G. 0. 325 of 1863 is in full ' ' for all expenses 
 incurred in apprehending, securing, and delivering a deserter." Disbursements made 
 by a civilian, where no arrest is effected, are at his own risk, and can not legally be 
 reimbursed by the military authorities. (Ibid, 344, par. 13.) 
 
 The legal liability imposed upon the soldier by paragraph 124, Army Regulations, 
 to have the amount of the award stopped against his pay, is quite independent of 
 the punishment which may be imposed upon him by sentence of court-martial on 
 conviction of the desertion. Such stoppage is incident upon the conviction (d) and 
 need not be directed in the sentence ; courts-martial, indeed, have sometimes assumed 
 to impose it, like an ordinary forfeiture of pay, but its insertion in the sentence adds 
 nothing to its legal effect. (Ibid, par. 14.) 
 
 Where a soldier, charged with desertion, is acquitted , or where, if convicted, his 
 conviction is disapi^roved by the competent reviewing authority, he can not legally 
 be made liable for the amount of a reward paid orpayaule for his arrest as a deserter, 
 since in such cases he is not a deserter in law. (Ibid, par. 15.) 
 
 Where a soldier, for whose apprehension as a supposed deserter the legal reward 
 has been paid, is subsequently brought to trial upon a charge of desertion, and is 
 found guilty not of desertion but only of the lesser and distinct offense of absence 
 without leave, he clearly can not legally be held liable for the reward by a stoppage 
 of the amount against his pay. In such a case, the instrumentality resorted to by 
 the United States for determining the nature of his offense the court-martial 
 having pronounced that it was not desertion, the Government is bound by the result, 
 and to visit upon him a penalty to which a deserter only can be subject would be 
 
 a As to the principle of the right of expatriation, as asserted in our public law, 
 see section 1999, Revised Statutes. 
 
 b The actual payment of the compensation in such cases is authorized by the 
 annual army appropriations acts, which, in appropriating for the incidental expenses 
 of the Quartermaster Department, include as an item "for the apprehension, secur- 
 ing, and delivering of deserters, and the expenses incident to their pursuit." 
 
 c See, in this connection, Clay v. United States, Devereux, 25, in which an officer, 
 who, under the orders of a superior, had, without previously procuring proper 
 authority to enter and search from a civil magistrate, broken into a dwelling house 
 for the purpose of securing the arrest of certain deserters, was held to have com- 
 mitted an unjustifiable trespass, and his claim to be reimbursed by the United States 
 for the amount of a judgment recovered against him on account of his illegal act 
 was disallowed by the Court of Claims. Held by the Attorney-General Oct. 12, 1894 
 (confirming the views of the Judge-Advocate-General), "that the right to forcibly 
 enter into private houses, as asserted by the Adjutant-General's circular No. 6, of 
 1885, does not exist." And see par. 2, of Circ. No, 12, H. Q. A., 1894, revoking Circ. No. 
 6, of 1885. 
 
 d See, to a similar effect, the recent opinion of the Attorney-Geoera.1 referred to iu 
 the next note. 
 
THE MILITARY LAWS OF THE UNITED STATES. 721 
 
 shall, with the time he may have served previous to his 
 desertion, amount to the full term of his enlistment; and 
 such soldier shall be tried by a court martial and punished, 
 
 grossly arbitrary and wholly unauthorized. Moreover, such action would be directly 
 at variance with the terms of paragraph 124 of the Army Regulations, which fixes 
 such liability upon the soldier tried in the event only of his con viction of desertion, (a) 
 unless, indeed, the sentence of the court expressly forfeits the amount. (6) (Ibid, 
 par. 16.) 
 
 \Vhere a civil official, having made an arrest of a deserter, concealed him from the 
 military authorities, and afterwards permitted or connived at his escape, recom- 
 mended that the Attorney General be requested to instruct the proper United States 
 district attorney to initiate proceedings under section 5455. Revised Statutes. (Ibid., 
 345, par. 17.) 
 
 Every desertion includes an absence without leave. Upon a trial for desertion 
 the accused is tried also for the absence without leave involved in the offense 
 charged, (c) If acquitted, without reservation, of the desertion, he is acquitted also 
 of the lesser offense. If convicted, as he may be (see FINDING, section 8), of the 
 lesser offense only, under a charge of the greater, he is acquitted in law of the 
 latter. (Ibid., par. 18.) 
 
 The right of the United States to arrest and bring to trial a deserter is paramount 
 to any right of control over him by a parent on the ground of his minority, (d) (Ibid., 
 par. 19.) 
 
 Enlisting in the enemy's army by prisoner of war is desertion, unless submitted 
 to as a last resort to save life or escape extreme suffering, or to obtain freedom. Thus, 
 held in a case of a United States soldier who entered the service of the enemy from 
 Audersonville, Ga., in the late war, that the burden of proof was on him to establish 
 that he resorted to such enlistment with design of effecting his escape and rejoining 
 his own army ; and that his abandoning such enlistment and coming within our 
 lines at the first opportunity was material evidence of such a design. (Ibid., par. 20.) 
 
 A soldier who had been extradited from Mexico solely on a charge of theft, held 
 not liable to trial as a deserter; the principle that a person extradited on account 
 of a certain alleged offense is exempt from trial on any other criminal offense (e) 
 being deemed applicable where the other offense is a military one. A deserter from 
 our Army can not, in the absence of any international convention allowing it, 
 legally be arrested as such in Mexico and brought thence into Texas. (Ibid., 346, 
 par. 21.) 
 
 The amenability to trial of a deserter from an enlistment in the Army is not 
 affected by the fact that when he enlisted he was a deserter from the Marine Corps. 
 (Ibid., par. 22.) 
 
 Held that a deserter from a volunteer regiment was, after the disbandment of the 
 volunteer army, no longer amenable to the military jurisdiction, having become 
 thereupon a civilian. (Ibid., par. 23.) 
 
 A civil employee of the Quartermaster Department does not become liable as a 
 deserter by abandoning his employment. (Ibid., par. 24.) 
 
 The fact that a soldier has been dropped from the rolls as a deserter is not legal 
 evidence to prove the fact of desertion on a trial for that offense. (Ibid., par. 25.) 
 
 To entitle a person (under paragraph 122, Army Regulations of 1889 paragraph 
 124 of 1895) to the reward for the arrest of a deserter, (/) the party arrested must be 
 still a soldier. Though at the time of the arrest the period of his term of enlistment 
 may have expired, or he may be under sentence of dishonorable discharge, yet if he 
 has not been discharged in fact, the official duly making the arrest, etc., on account 
 of a desertion committed before the end of his term, becomes entitled to the payment 
 of the reward specified in the regulations. Similarly held, where the soldier, arrested 
 when at large as a deserter, had been sentenced to confinement (without discharge) 
 and had escaped therefrom. (Ibid., par. 26.) 
 
 The soldier arrested must be a deserter and legally liable as such. If he has been 
 judicially determined to be not a deserter, as where he has been convicted of absence 
 without leave only (see paragraph 125, Army Regulations of 1889 paragraph 127 of 
 1895), or if, in view of the limitation of the one hundred and third article, he has a 
 legal defense to a prosecution for desertion (G. 0. 22 of 1893), the reward is not paya- 
 ble for his apprehension. (Ibid., 347, par. 27.) 
 
 Where the soldier when arrested had been absent but three days, and was still In 
 uniform, and had not been reported or dropped as a deserter, and his company com- 
 mander had not tlio "conclusive evidence" ofhis "intention not to return," referred 
 toiu paragraph 132, Army Regulations of 1889 (paragraph 133 of 1895), held that there 
 was not sufficient evidence that he was a deserter to justify the payment of the 
 reward for his arrest and delivery. (Ibid., par. 28.) 
 
 The arrest made must be a legal one. Thus held that the reward was not payable 
 for an arrest made on the soil of Mexico, involving a violation of the territorial 
 rights of that sovereignty. An act done in violation of law can not be the basis of 
 a legal claim. (Ibid., par. 29.) 
 
 Where the deserter was not arrested by, but surrendered himself to, the civil offi- 
 cial, who in good faith took him into custody and securely held and duly delivered 
 
 a This conclusion was concurred in by the Attorney-General in 16 Opins. 474. 
 
 6SeeG.O.38of 1890. 
 
 c See 13 Opins. Att. Gen., 460. 
 
 din re Coseuow, 37 Fed. ,668; In re Kaufman, 41 Fed.. 876. And compare In re 
 Morrissey, 137 U. S.,157. 
 
 eU. S. v. Rauscher, 119 U. S., 407. 
 
 /The Army Regulations, so far as it fixes the amount of the "reward," has been 
 superseded by the provision of the recent army appropriation acts of August 6, 
 1894, and February 12, 1895, to the effect that the sum paid shall not be " greater than 
 ten dollars.'* 
 
 1919 46 
 
722 THE MILITARY LAWS OF THE UNITED STATES. 
 
 although the term of his enlistment may have elapsed 
 previous to his being apprehended and tried. 1 
 Desertion by ART. 49. Any officer who, having tendered his resigna- 
 
 resignation. 
 
 Aug. 5, 1861, c. tion, quits his post or proper duties, without leave, and 
 sib. 8 ' P ' with intent to remain permanently absent therefrom, prior 
 
 to due notice of the acceptance of the same, shall be 
 
 deemed and punished as a deserter. 
 Enlisting in ART. 50. No non-cominissioned officer or soldier shall 
 
 other regiment . 
 
 without dis- enlist himself in any other regiment, troop, or company, 
 
 c loSt. War. without a regular discharge from the regiment, troop, or 
 
 company in which he last served, on a penalty of being 
 
 him, advised that there had been a substantial apprehension (for the purpose of re- 
 ward) and that the reward was properly payable. [See Circular No. 1 (H. A.), 1886.1 
 (Ibid., par. 30.) 
 
 The delivery should be personal and manual on the part of the civil official. 
 Where a soldier who had deserted was sentenced to a penitentiary as a horse thief, 
 and at the end of his term of imprisonment a United States marshal caused informa- 
 tion that he was a deserter to be conveyed to the commander of a neighboring mili- 
 tary post, who thereupon had him arrested and brought to the post, held that the 
 marshal was not entitled to claim the reward. (Ibid., par. 31.) 
 
 So, where a civil official merely informed a captain of artillery that two soldiers 
 serving in his battery were deserters from the battalion of engineers, held that, 
 though such information was correct, the official was not entitled to the reward ; and 
 that the amount of the same, which had been erroneously paid him on the certificate 
 of the captain, should be charged against the latter under paragraph 736, Army Regu- 
 lations of 1889 (paragraph 654 of 18 ( J5). (Ibid., par. 32.) 
 
 The reward should be withheld where there is evidence of collusion between the 
 alleged deserter and the civil official. Advised that a suspicion of such collusion 
 was properly entertained in a case where the soldier, after an absence of but a few 
 days, voluntarily surrendered himself, at or near the post of delivery, to a police- 
 man, who turned him over, without expense or difficulty, to the military authorities, 
 who did not treat him as a deserter, but caused him to be charged, tried, and con- 
 victed as an absentee without leave only. (Ibid., 348, par. 33.) 
 
 An officer of the customs, empowered by law to make arrests of persons violating 
 the revenue laws, but having no such general authority as is ordinarily possessed by 
 peace officers "to arrest offenders" (according to the terms of the act of October 1, 
 1890, authorizing certain civil officials to arrest deserters), held not entitled to be 
 paid the regulation reward for the apprehension, etc., of a deserter from the Army. 
 (Ibid., par. 34.) 
 
 Held that a justice of the peace of Idaho was not, by the laws of that State, a 
 peace officer or authorized to arrest offenders, and was therefore not within the terms 
 of the act of October 1, 1890, or legally entitled to be paid the reward for the arrest, 
 etc., of a deserter. Such justice may by his warrant authorize and thus cause arrests, 
 but actual arrest pertains, under the laws of the State, to another class sheriffs, 
 constables, city marshals, and policemen. Similarly held in regard to an Indian who 
 brought in a deserter to a military post in North Dakota, he having no authority 
 under the laws of that State to make arrests. But held that a member of the Indian 
 police, established under the regulations of the Indian Office, was a civil officer hav- 
 ing authority to arrest offenders, and was entitled to the reward for the arrest of a 
 deserter. [See Circular No. 12 (H. A.). 1894.] (Ibid., par. 35.) 
 
 Circular No. 11 (H. A.) t 1883, declares that the reward shall not be paid where the 
 deserter, at the time of arrest, "ia serving in some other branch of the Army," etc. 
 Thus held that the reward was not payable for the arrest of a deserter from the cav- 
 alry who, subsequently to his desertion, had enlisted in an infantry regiment, in 
 which he was serving at the date of the arrest. (Ibid., par. 36.) 
 
 A deserter is not chargeable, under paragraph 124, Army Regulations of 1889 
 (paragraph 126 of 1895), with the expenses of transportation therein specified, if his 
 conviction has been duly disapproved, such disapproval being tantamount to an ac- 
 quittal. (Ibid., par. 38.)' 
 
 The expense of the transportation of a convicted deserter, incurred in the course of 
 the execution of his sentence, is not chargeable against the deserter under para- 
 graph 124, Army Regulations of 1889 (paragraph 126 of 1895), but must be borne by 
 the United States. (Ibid., par. 39.) 
 
 1 The liability to make good to the United States the time lost by desertion, enjoined 
 by the first clause of this article, is independent of any punishment which may be 
 imposed by a court-martial, on conviction of the offense ; it need not, therefore, be 
 adjudged or mentioned in terms in a sentence, (a) If the conviction is disapproved, 
 the legal status of the accused is the same as if he had been acquitted, and the obli- 
 gation of additional service is of course not incurred. (Ibid., 42, par. 1.) 
 
 Where a deserter was sentenced to imprisonment for the "balance of his term," 
 
 a See G. 0. 21, Department of the Lakes, 1873; G-. O. 94, Department of the Mis- 
 souri, 1867; G. C. M. O. 74, Department of the East, 1873. The old ruling contra (see 
 G. O. 26, 45, Headquarters of Army, 1843) may be regarded as abandoned in our law 
 and practice. 
 
, THE MILITARY LAWS OF THE UNITED STATES. 723 
 
 reputed a deserter, and suffering accordingly. And in 
 case any officer shall knowingly receive and entertain such 
 non-commissioned officer or soldier, or shall not, after his 
 being discovered to be a deserter, immediately confine 
 him and give notice thereof to the corps in which he 
 last served, the said officer shall, by a court-martial, be 
 cashiered. 1 
 
 ART. 51. Any officer or soldier who advises or persuades Advisingtode- 
 any other officer or soldier to desert the service of the fi Art. war. 
 
 May 29, 1830, c. 
 
 United States, shall, in time of war, suffer death, or suchi83,v.4, P .4i8. 
 other punishment as a court-martial may direct; and in 
 
 held that he was not absolved from the obligation to make good time lost; these 
 words referring to the balance of the term of his original enlistment. (Ibid., par. 2.) 
 
 The time passed by a deserter in confinement under sentence can not bo computed 
 as a part of the period requited by the article to be made good to the United States, 
 such time not being a time of military service, but of punishment. Nor can the 
 period of confinement be credited where the sentence is remitted before it is fully 
 executed. So time passed by the deserter in arrest or confinement (or in hospital), 
 while waiting trial or action upon his sentence, can not be so computed. (Ibid., 43, 
 par. 3.) 
 
 The enforcement of the liability, where enforced at all, is generally postponed till 
 after the execution of the punishment (if any) imposed upon the deserter by his sen- 
 tence. A deserter may still be required to make good the time included in his unau- 
 thorized absence from the service, although his term of enlistment has expired 
 pending a term of confinement adjudged him by court-martial on conviction of hia 
 offense, provided he has not been discharged. (Ibid., rar. 4.) 
 
 The United States may waive the liability imposed by the first clause of the arti- 
 cle. It is in fact waived where the deserter, without being required to perform the 
 service, is discharged by one of the officials authorized by article 4 to discharge sol- 
 diers. So it is waived where the soldier is adjudged to be dishonorably discharged 
 by sentence of court-martial and this punishment is duly approved and thereupon 
 executed. (Ibid., par. 5.) 
 
 The provision of the second clause of this article applies only to desertions com- 
 mitted while the soldier is duly in the service and before his term of enlistmen has 
 expired. A deserter who has been duly discharged from the service of course does 
 not remain amenable to trial under this article. (Ibid., par. 6.) 
 
 The liability to trial and punishment imposed by the second clause of the article 
 is subject to the limitation of prosecutions prescribed by article 103. (Ibid., par. 7.) 
 
 The liability to make good the time lost by his unauthorized absence attaches to a 
 deserter as such, whatever his status or the disposition of his case. This liability 
 is quite distinct from the liability to punishment. It results from the violation of 
 his contract, and this contract is subject to the law of specific performance. It 
 attaches, although he may not have been convicted of the oft'ense, (a) although the 
 statute of limitation may have taken efl'ect in his case (whether or not sustained 
 as a plea on a trial by court-martial), although he may have been pardoned, and 
 although he may have been restored to duty without trial. The liability does not 
 attach to mere absentees Avithout leave. (Ibid., par. 8.) 
 
 1 This article, in its first clause, does not create a specific offense, or particular 
 kind of desertion, or an offense distinct from the desertion made punishable in the 
 forty-seventh article, but declares in effect that a soldier who abandons his regiment 
 shall be deemed none the less a deserter although he may forthwith reenlist in a new 
 regiment. It does not render the act of reenlistment a desertion, but simply makes 
 the reenlistment, under the circumstances indicated, prirna facie evidence of a deser- 
 tion from the previous enlistment from which the soldier has not been discharged, 
 or, more accurately, evidence of an intent not to return to the same, (b) The object 
 of the provision, as it originally appears in the British code, apparently was to pre- 
 clude the notion, that might otherwise have been entertained, that a soldier would 
 be excused from repudiating or departing from his original contract of enlistment 
 provided he presently i-enewed his obligation in a different portion of the military 
 force, (c) (Dig. Opiu. J. A. Gen., 44, par. 1.) 
 
 Held that an enlisted marine, who abandoned the Marine Corps without a dis- 
 charge and enlisted in the Army, could not be " reputed a deserter " according to 
 the terms of this article; but advised that he be turned over to the commandant of 
 that corps for the proper disposition and action. (Ibid., 45, par. 2.) 
 
 Where a soldier enlisted in a certain regiment, after being officially notified that 
 he was duly discharged from a previous enlistment, but without having received the 
 written certificate and evidence of his discharge, which, by mistake or accident, had 
 not been delivered to him as required by article 4, held that he could not properly 
 be "reputed" or charged as a deserter. (Ibid,, par. 3.) 
 
 a A counter view, expressed by the Attorney General (15 Opins., 152; 16 ibid., 170) 
 has not been followed in the military^ practice. 
 
 b See the similar view expressed in G. C. M. 0. 129, Department of the Missouri, 
 1872; G.C.M.0. 77, ibid. ,1874. 
 
 c See Samuel, 330, 331. 
 
724 THE MILITARY LAWS OF THE UNITED STATES. 
 
 time of peace, any punishment, excepting death , which a 
 court-martial may direct. 1 
 Misconduct at ART. 52. It is earnestly recommended to all officers and 
 
 divine service. '.._ 
 
 52 Art. War. soldiers diligently to attend divine service. Any officer 
 who behaves indecently or irreverently at any place of 
 divine worship shall be brought before a general court- 
 martial, there to be publicly and severely reprimanded by 
 the president thereof. Any soldier who so offends shall, 
 for his first offense, forfeit one- sixth of a dollar; for each 
 further offense he shall forfeit a like sum, and shall be con- 
 fined twenty-four hours. The money so forfeited shall be 
 deducted from his next pay, and shall be applied, by the 
 captain or senior officer of his troop, battery, or company, 
 to the use of the sick soldiers of the same. 
 
 Profane oaths. ART. 53. Any officer who uses any profane oath or exe- 
 cration shall, for each offense, forfeit and pay one dollar. 
 Any soldier who so offends shall incur the penalties pro- 
 vided in the preceding article; and all moneys forfeited for 
 such offenses shall be applied as therein provided. 
 
 ART. 54. Every officer commanding in quarters, garri- 
 son > or on *^ e marcn ? sna U keep good order, and, to the 
 utmost of his power, redress all abuses or disorders which 
 may be committed by any officer or soldier under his com- 
 mand; and if, upon complaint made to him of officers or 
 soldiers beating or otherwise ill treating any person, dis- 
 turbing fairs or markets, or committing any kind of riot, 
 to the disquieting of the citizens of the United States, lie 
 refuses or omits to see justice done to the offender, and 
 reparation made to the party injured, so far as part of the 
 offender's pay shall go toward such reparation, he shall be 
 dismissed from the service, or otherwise punished, as a 
 court-martial may direct. 2 
 
 1 A declaration, made by one soldier to another, of a willingness to desert with 
 him in case lie should decide to desert, held not properly an advising to desert, 
 in the sense of this article. To constitute the offense of advising to desert, it is 
 not essential that there should have been an actual desertion by the party advised. 
 But held otherwise as to the offense of persuading to desert; to complete this offense 
 the persuasion should have induced the act. (a) (Ibid., 45.) 
 
 2 While this article would certainly appear to contemplate the making of repara- 
 tion for injuries done to the persons of citizens rather than for injuries done to their 
 property, yet advised, in view of the precedents, that it might probably be regarded 
 as within the equity of the article to indemnify a citizen for wanton injury done to 
 his property by a soldier or soldiers, by means of a stoppage against his or their 
 pay, summarily ordered upon investigation by the commanding officer. (6) In a few 
 cases a stoppage of the pay of an entire regiment, for damage to private property 
 
 a Compare Hough (Practice), 172, and cases in G. 0. 23, Department of the Missouri, 
 1862; G. C. M. 0. 11, 152, ibid., 1868. 
 
 b See G. O. 35, Headquarters of Army, 1868, construing this article, and prescribing 
 the proceeding under it, reparation for injury to property as well as person being 
 authorized. The article, however, is antiquated in form and indefinite and incom- 
 plete in its provisions, and calls for repeal or amendment. For some of the princi- 
 pal cases in which it has been applied in our practice, the student is referred to 
 G. 0. 4, Department of the Ohio, 1863 ; G. 0. 123, Department of the Gulf, 1864; G. O. 
 161, Department of Washington, 1865; G. O. 59, ibid. ,1866; G. O. 74, Department of 
 Arkansas, 1865; G. O. 48, 55, Department of Louisiana, 1866; G. O. 6, Department 
 of the Cumberland, 1867; G. 0. 10, Department of the South, 1870. 
 
THE MILITARY LAWS OF THE UNITED STATES. 725 
 
 ART. 55. All officers and soldiers are to behave them- wasteor spoil, 
 
 and destruction 
 
 selves orderly in quarters and on the march; and whoever of property with 
 commits any waste or spoil, either in walks or trees, parks, 55 Art. war. 
 warrens, fish-ponds, houses, gardens, grain-fields, inclos- 
 ures, or meadows, or maliciously destroys any property 
 whatsoever belonging to inhabitants of the United States, 
 (unless by order of a general officer commanding a sepa- 
 rate army in the field), shall, besides such penalties as he 
 may be liable to by law, be punished as a court-martial may 
 direct. 
 ART. 56. Any officer or soldier who does violence to any violence to per- 
 
 17 sons bringing 
 
 person bringing provisions or other necessaries to the provisions. 
 camp, garrison, or .quarters of the forces of the United 
 States in foreign parts, shall suffer death, or such other 
 punishment as a court-martial may direct. 
 
 ART. 57. Whosoever, belonging to the armies of the u ^Ji cingasafe " 
 United Spates in foreign parts, or at any place within |^fj JJj^ 
 the United States or their Territories during rebellion's. 5, v. 12? p! 
 against the supreme authority of the United States, forces c. 3', 8 . 5, v.'i2, p! 
 
 -, 1 1 ,1 A* i A.f. 257; July 31, 1861, 
 
 a safeguard, shall suner death. c. 32, v. 12, p. 234. 
 
 ART. 58. In time of war, insurrection, or rebellion, lar- Certain crimes 
 
 during rebellion. 
 
 ceny, robbery r burglary, arson, mayhem, manslaughter, Mar. 3, isss, c. 
 murder, assault and battery with an intent to kill, wound- 736 ; juiy 13,1861! 
 ing, by shooting or stabbing, with an intent to commit 257 jjufy BIJOU. 
 murder, rape, or assault and battery with an intent to c< 
 commit rape, shall be punishable by the sentence of a gen- 
 eral court-martial, when committed by persons in the mili- 
 tary service of the United States, and the punishment in 
 
 committed by its members, has been sanctioned as authorized under the general 
 remedial provisions of this article. (Dig. Opin. J. A. Gen., 40, par. 1.) 
 
 The stoppage contemplated is quite distinct from a punishment by fine, and it can 
 not affect the question of the summary reparation authorized by the article, that 
 the offender or offenders may have already been tried for the offense and sentenced 
 to forfeiture of pay. In such a case, indeed, the forfeiture, as to its execution, 
 would properly take precedence of the stoppage. On the other hand, where the 
 stoppage is first duly ordered under the article, it has precedence over a forfeiture 
 subsequently adjudged for the offense. (Ibid., par. 2.) 
 
 It does not affect the question of reparation under the .article that the offender 
 or offenders may be criminally liable for the injury committed or may have been 
 punished therefor by the civil authorities. (Ibid., il, par. 3.) 
 
 Held that the remedial provision of this article could not be enforced in favor of 
 military persons, or in favor of the United States, or to indemnify parties for prop- 
 erty stolen or embezzled. (Ibid., par. 4.) 
 
 The pay of the offender or offenders can be resorted to only for the purpose of 
 the "reparation." A military commander can have no authority to add a further 
 amount of stoppage by way of 1 punishment. (Ibid., par. 5.) 
 
 Held that, as an agency for assessing the amount of the damage, a court-martial 
 could not properly be substituted for the board directed by General Orders 35, Head- 
 quarters of Army, 1868, to be convened for such purpose. (Ibid., par. 6.) 
 
 The procedure under this article, and pursuant to General Orders 35 of 1868, is as 
 follows: The citizen aggrieved tenders a "complaint" under oath, charging the 
 injury against a particular soldier or soldiers, described by name (if known), regi- 
 ment^ etc., and accompanied by evidence of the injury, and of the instrumentality 
 of the person or persons accused. If such evidence be' satisfactory, the commanding 
 officer has the damages assessed by a board, and makes orders for such stoppage of 
 pay as will be sufficient for the "reparation" enjoined by the article. The com- 
 mander must have a proper case presented to him; he can not legally proceed sua 
 sponte. (Ibid., par. 7.) 
 
 Where proof was duly made under this article of injury done by some persons of 
 a command, but the active perpetrators could not upon investigation be determined, 
 and it appeared that the entire command was present and implicated, held that the 
 stoppage might legally be made against all the individuals present. (Ibid., par. 8.) 
 
726 THE MILITARY LAWS OF THE UNITED STATES. 
 
 any such case shall not be less than the punishment pro- 
 vided, for the like offense, by the laws of the State, Terri- 
 tory, or district in which such offense may have been 
 committed. 1 
 
 ART. 59. When any officer or soldier is accused of a capi- 
 tal crime, or of any offense against the person or property 
 of any citizen of any of the United States, which is pun- 
 ishable by the laws of the land, the commanding officer, 
 and the officers of the regiment, troop, battery, company, 
 fe?derl e in miii- or detachment, to which the person so accused belongs, are 
 ^imSSat? re Q u * rec *> exce P t iu time of war ? u P on application duly 
 59 Art! war. made by or in behalf of the party injured, to use their 
 utmost endeavors to deliver him over to the civil magis- 
 trate, and to aid the officers of justice in apprehending and 
 securing him, in order to bring him to trial. If, upon such 
 application, any officer refuses or willfully neglects, except 
 in time of war, to deliver over such accused person to the 
 civil magistrates, or to aid the officers of justice in appre- 
 hending him, he shall be dismissed from the service. 2 
 of C ivami n ag r aS ART - 6( >. An 7 person in the military service of the United 
 states u e (l States who makes or causes to be made any claim against 
 
 Mar.' 2, 1863, c. - 
 
 ' 696 ' ' The Jurisdicti. 011 conferred by this article upon military courts has been held by 
 ar. the highest judicial authority to be not exclusive, but concurrent merely with that 
 of the civil tribunals, (a) The word "shall" in the term " shall be punishable " is 
 construed as equivalent to "may." (b) (Dig. Opin. J. A. Gen., 49, par. 2.) 
 
 In framing a charge under this article it will not in general be essential to allege 
 in connection with the date of the offense or to show by evidence that the act was 
 committedat a time of war, etc., this being a fact of which a court will ordinarily 
 properly take judicial notice, (c) (Ibid., par. 3.) 
 
 Held (November, 1865) that military courts were still empowered to exercise the 
 jurisdiction conferred by this article, the status belli not having yet been declared 
 to be terminated, either by the Executive or Congress. A court-martial, of course, 
 could have no authority whatever to decide whether the war was ended. (Ibid., 
 par. 4.) 
 
 Where a sentence, adjudged by a court convened by the authority of this article, 
 imposed a punishment of less severity than that provided for the same offense by the 
 law of the State in which the offense was committed (as imprisonment where the law 
 of the State required the death penalty), held that such a sentence was unauthorized 
 and inoperative. But though the punishment must not be "less," it may legally be 
 of greater severity than that provided by the local statute. Held that the court, in 
 imposing punishment, should be governed by the local law (so far as required by the 
 article), although the offense was committed in a State whose ordinary relations to 
 the General Government had been suspended by a state of war or insurrection, (d) 
 (Ibid., par. 5.) 
 
 2 This article is a recognition of the general principle of the subordination of the 
 military to the civil power, (e) and its main purpose evidently is to facilitate, in 
 cases of offenders against the local civil statutes who happen to be connected with 
 the Army, the execution of those statutes, Avhere, as citizens, such persons remain 
 legally amenable to arrest and trial thereunder. Protection of military persons 
 from civil arrest is not the object of this article. (Dig. Opin. J. A. Gen., 50, par. 1.) 
 
 The commanding officer, before surrendering the party, is entitled to require that 
 the "application" shall be so specific as to identify theaccused and to show that he is 
 charged with a particular crime or offense which'is within the class described in the 
 article. Where it is doubtful whether the application is made in good faith and in 
 the interests of law and justice, the commander may demand that the application be 
 especially explicit and be sworn to; and in general the preferable and, indeed, only 
 satisfactory course will be to require the production, if practicable, of a due and 
 formal warrant or writ for the arrest of the party. (/) The application required by 
 
 aColeman v. Tennessee, 7 Otto, 513. And see People v. Gardiner, 6 Parker, 143; 
 G. 0. 29, Department of the Northwest, 1864 ; G. 0. 32, Department of Louisiana, 1866. 
 
 b People v. Gardiner, ante. 
 
 cSee the application of this principle to the fact of the existence of the late war 
 of the rebellion in Justice Field's charge to the grand jury in U. S. v. Greathouse, 
 4 Sawyer, 457. 
 
 d That the Southern States during the late war were "at no time out of the pale 
 of the Union," see White v. Hart, 13 Wallace, 646. 
 
 e See the declaration of this principle in the case of Dow v . Johnson, 10 Otto. 169. 
 
 /2Opin. Att. Gen. 10. 
 
THE MILITARY LAWS OF THE UNITED STATES. 727 
 
 the TJDited States, or any officer thereof, knowing such 
 claim to be false or fraudulent; or 
 
 Who presents or causes to be presented to any person cl ^ m kin e false 
 in the civil or military service thereof, for approval or pay- 
 ment, any claim against the United States or any officer 
 thereof, knowing such claim to be false or fraudulent; or 
 
 the article should bo made in a case where the crime was committed by the party 
 before he entered the military service equally as where it was committed by him 
 while in the service, (a) In the former case a more exact identification may perhaps 
 reasonably be required. (Ibid., p. 51, par. 3.) 
 
 The provisions of this article are applicable only when the officer or soldier is 
 accused of a crime or oft'ense "which is punishable by the laws of the land ;" i. e., by 
 the public law statutes or constitution of the particular State, (b) (Ibid., par. 4.) 
 
 The article is not applicable to a case of an oifense committed against the laws 
 of the United States, as, for instance, the statutes prohibiting the introduction of 
 liquor into the Indian country. Nor is it applicable to a case of an offense com- 
 mitted in a place over and within which the jurisdiction of the United States is 
 exclusive, (fc) (Ibid., p. 52, par. 5.) 
 
 The party should be surrendered upon proper application, though the offense be 
 one of which a military court has jurisdiction concurrently with the civil courts; 
 unless, indeed, the military jurisdiction has already duly attached (by means of 
 arrest or service of charges with a view to trial), in which case the prisoner may be 
 surrendered or not as the proper authority may determine. A soldier under a sen- 
 tence of confinement imposed by court-martial can not, in general, properly be sur- 
 rendered under this article. In such a case the civil authorities should regularly 
 defer their application till the military punishment has been executed or remitted, (d) 
 Where a soldier, duly surrendered under this .article and allowed to go on bail, was 
 thereupon returned to duty, held that it was within the spirit of the article for the 
 department commander to instruct the commanding officer of such soldier to cause 
 him to appear for trial at the proper time. (Ibid., par. 6.) 
 
 An officer or soldier accused as indicated by the article, though he may be willing 
 and may desire to surrender himself to the civil authorities, or to appear before the 
 civil court, should not in general bo permitted to do so, but should be required to 
 await the formal application. (Ibid., 53, par. 7.) 
 
 In view of the obligation devolved by this article upon officers of the Army, a 
 post commander would properly be required to apprehend and hold for surrender to 
 the civil authorities a soldier who, having been once surrendered under the article, 
 had escaped and returned to the post, (e) (Ibid., par. 8.) 
 
 The term "any of the United States," employed in this article, held properly to 
 include any and all of the political members of our governmental system, and to 
 embrace an organized Territory equally as a State. (Ibid., par. 9.) 
 
 The article Is directory, not jurisdictional. It does not limit the action to be 
 taken by the military authorities to cases where the application is made by the 
 party ; it may be made in his behalf. It does not place a soldier who has committed 
 a crime and been indicted therefor beyond the reach of the civil power if the person 
 injured does not apply for his surrender. In a case one of murder, for example 
 where there can be no personal application, the State properly takes the place of the 
 individual. And so in all other cases where an indictment has been found or a 
 warrant of arrest has been issued, the State, with -which resides the jurisdiction 
 and the power to prosecute, may make the demand, and upon its demand it is the 
 duty of the commanding officer to surrender the party charged. (Ibid., par. 10.) 
 
 The article contemplates only cases in which an "officer or soldier is accused,' 
 etc. So, held that it did not apply to a case of a civilian (Chinese) laundryman 
 employed and residing at a military post accused of a civil crime. While it would 
 be eqiially desirable that the surrender should be made in such a case, such sur : 
 render would be a matter of comity, nob of official duty under the article. (Ibid., 
 54, par. 11.) 
 
 This article does not apply to the service by a sheriff on an officer or soldiei- of a 
 subpcena to appear as a witness before a civil court. In such a case, indeed, the 
 civil official should, as a matter of comity, apply first to the post commander, 
 whether or not the post be within the exclusive jurisdiction of the United States. 
 It will then be for the commander, in comity, to facilitate the service and to issue 
 the necessary permit or order to enable and cause the officer or soldier to attend the 
 court. (Ibid, par. 12.) 
 
 a See G. O. 29, Department of the Northwest, 1864, where it is remarked that there 
 is a,n especial obligation to surrender the soldier where the crime was committed by 
 him before entering the military service. 
 
 b As to the meaning of the term "laws of the land," especially with reference to 
 municipal ordinances, see Vanzautv. Waddell, 2 Yerger, 270; State Bk. v. Cooper, 
 ibid., 605; Horn v. People, 26 Mich., 228. In 21 Qpin. Att. Gen., 88 (published in cir- 
 cular 15, A. G. O., 1894), it was held that a municipal ordinance is within the expres- 
 sion "laws of the land," as used in the fifty-ninth article of war, and that a soldier 
 violating such an ordinance and escaping to a military reservation should be deliv- 
 ered to the civil authorities for trial on demand. 
 
 clt is further held, in Ex parte McRoberts, 16 Iowa, 603, that the provisions of 
 the article apply only to officers and soldiers while within the immediate control 
 and jurisdiction of the military authorities, and therefore do not apply to a case of 
 a soldier absent on furlough; but that such a soldier, pending his furlough, may be 
 arrested in the same manner as any civilian. 
 
 d Compare 6 Opiu. Att. Gen., 423. 
 
 e See a case to a similar effect published in G. 0. 7, Department of the South, 1871. 
 
728 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Agreement to Who enter s into any agreement or conspiracy to defraud 
 
 obtain payment 
 
 of false claim, the United States by obtaining, or aiding others to obtain, 
 the allowance or payment of any false or fraudulent claim ; or 
 
 False paper. Who, for the purpose of obtaining, or aiding others to 
 obtain, the approval, allowance, or payment of any claim 
 against the United States, or against any officer thereof, 
 makes or uses, or procures or advises the making or use of, 
 any writing or other paper, knowing the same to contain 
 any false or fraudulent statement ; or 
 
 Perjury. Who, for the purpose of obtaining, or aiding others to 
 
 obtain, the approval, allowance, or payment of any claim 
 against the United States or any officer thereof, makes, or 
 procures or advises the making of, any oath to any fact or 
 to any writing or other paper, knowing such oath to be 
 false; or 1 
 
 Forgery. Who, for the purpose of obtaining, or aiding others to 
 
 1 The offense known as the duplicating of pay rolls, where it involves, as it gener- 
 ally does, a presenting or a causing to be presented of a false or fraudulent claim 
 against the United States, is properly chargeable under this article. (Dig. Opin. 
 J. A. Gen., 55, par. 1.) 
 
 When an officer who had been sentenced to forfeit all pay due, bnfc whose sentence 
 had not yet been approved or published, presented pay accounts to the paymaster 
 for his pay, a nd received the amount of the same, held that ho was not triable for 
 the offense of presenting a fraudulent claim under this article. (Ibid., par. 2.) 
 
 The presenting of false and fraudulent claims for horses lost in battle, for recruit- 
 ing expenses, and for rewards for the arrest of deserters, held offenses within para- 
 graphs 1, 2, and 4 of this article. (Ibid., par. 3.) 
 
 Where a soldier, in order to procure his discharge from the service and the pay- 
 ment thereupon of a considerable amount not in fact duo him, forged the name of 
 his commanding officer on a discharge paper and a "final statement" paper, and 
 presented the same to a paymaster, held that he was chargeable with offenses defined 
 in the second, fourth, and sixth paragraphs of this article. (Ibid., par. 4.) 
 
 Where a disbursing officer, having caused a creditor of the United States to sign 
 a receipt in blank, paid him a less sum than was due him, and afterwards inserted 
 the true amount due in the receipt, so as to obtain credit with the United States for 
 the greater sum, held that he was chargeable with the offense defined in the seventh 
 paragraph of this article. (Ibid., 56, par. 5.) 
 
 Where an officer, by collusion with a contractor, who had contracted for the delivery 
 of military supplies, received for a pecuniary consideration from the latter a less 
 amount of supplies than the United States was entitled to under the contract, while 
 at the same time giving him a voucher certifying on its face the delivery of the 
 whole amount, held that such officer was chargeable with an offense of the class 
 defined in the eighth paragraph of this article. (Ibid. par. 6.) 
 
 In a case of embezzlement of public funds (a) or property charged under this article, 
 it is not necessary to allege in terms, or to prove, an intent to defraud the United 
 States. It is the act of legal embezzlement which is made the offense, irrespective 
 of the purpose or motive of such act. (Ibid., par. 7.) 
 
 In order to determine whether certain acts or conduct may properly be charged 
 as constituting embezzlement of public money under the ninth paragraph of this 
 article, the sect ions of the Revised Statutes, especially those contained in chapter 6 of 
 Title 70, may properly be recurred to. Acts here specified as constituting embezzle- 
 ments in law may, when committed by officers of the Army, be charged as embez- 
 zlements under this article, and the rules of evidence established by these sections 
 may also bo applied, where apposite, to military cases, (b) But as to the penalties 
 prescribed in the same, these, though useful as going to indicate a reasonable measure 
 of punishment when imprisonment or fine is proposed to be adjudged, are of course 
 in no respect obligatory upon military tribunals, and any approved military penalty 
 or penalties, sucli as dismissal, suspension, etc., may be imposed by courts-marl ial 
 upon conviction of embezzlement, either alone or in connection with imprisonment or 
 fine. So a term of confinement, or a fine (or forfeiture of pay), in excess of the pen- 
 alties authorized for civil offenders, may legally be ad judged 'by such courts. (Ibid., 
 par. 8.) 
 
 The withdrawing by a disbursing officer of the Army, from an authorized deposi- 
 tory, of public funds for a purpose not prescribed or authorized by law as for per- 
 sonal use, or to pay claims not due from the United States or payable by such officer 
 being a form of embezzlement defined by section 5488, Revised Statutes, field prop- 
 
 a "All money lawfully in the hands of a public officer, and for which he is account- 
 able, is money of the United States." (United States v. Watkins, 3 Crauch C. C., 441.) 
 
 b See cases in which embezzlements of this class were charged against officers of 
 the Army in G. O., 1, War Department, 1861; G. C. M. O., 43, 86, Headquarters 
 of Army, 1868; G. C. M.O., 21, War Department, 1871; G .0. M. O., 27, 34, ibid., 1872; 
 G. C. M. O., 81, ibid., 1874 ; G. C. M. O., 52, Headquarters of Army, 1877. 
 
THE MILITARY LAWS OF THE UNITED STATES. 729 
 
 obtain, the approval, allowance, or payment of any claim 
 against the United States or any officer thereof, forges or 
 counterfeits, or procures or advises the forging or counter- 
 feiting of, any signature upon any writing or other paper, 
 or uses, or procures or advises the use of, any such signa- 
 ture, knowing the same to be forged or counterfeited j or 1 
 
 Who, having charge, possession, custody, or control of ,J e JjJ ei tiJf,i^? 8 
 any money or other property of the United States, furnished receipt calls for. 
 or intended for the military service thereof, knowingly 
 delivers, or causes to be delivered, to any persons having 
 authority to receive the same, any amount thereof less 
 than that for which he receives a certificate or receipt 5 or 
 
 Who, being authorized to make or deliver any paper 
 
 certifying the receipt of any property of the United States, truthof. m 
 furnished or intended for the military service thereof, 
 makes, or delivers to any person, such writing, without 
 having fall knowledge of the truth of the statements 
 therein contained, and with intent to defraud the United 
 State ; or 1 
 
 Who steals, embezzles, knowingly and willfully misap- w ^n 6 fui! J sefi 1 
 propriates, applies to his own use or benefit, or wrongfully in g. etc. 
 or knowingly sells or disposes of any ordnance, arms, 
 equipments, ammunition, clothing, subsistence stores, 
 money, or other property of the United States, furnished 
 or intended for the military service thereof; or l 
 
 erly charged with embezzlement under the present article ; and convictions of offi- 
 cers upon such a charge held authorized and legal. 
 
 But held that to constitute such embezzlement it is not necessary that there should 
 have been a personal conversion of the funds or an intent to defraud. The object of 
 the law is to provide a safeguard against the misuse and diverting from their 
 appointed purpose of public moneys, and the intent of the offender, whether fraud- 
 ulent or not, enters in no respect into the statutory crime, (a) If the withdrawal or 
 application of the funds is simply one not prescribed or authorized by law, the 
 offense is complete, (b) An absence, however, of criminal motive in the illegal act 
 may be shown in mitigation of sentence in a military case. 
 
 So, held that it constituted no defense to a charge of an embezzlement of this class, 
 though it might be shown in mitigation of punishment, that the officer had restored 
 to the public depository the funds illegally withdrawn by him before a formal 
 demand was made for the same. (Ibid., 57, par. 9.) 
 
 1 It is a defense to a charge (under this article) of the embezzlement defined in sec- 
 tion 5490, llevdsed Statutes, as consisting in a failure to safely keep public moneys 
 by an officer charged with the safekeeping of the same, that the funds alleged to 
 have been embezzled were, without fault on the part of the accused, lost in trans- 
 portation, or fraudulently or feloniously abstracted. (Dig. Opin. J. A. Gen., 58, 
 par. 10.) 
 
 Section 5495, Revised Statutes, provides that the refusal of any person charged 
 with the disbursement of public moneys, promptly to transfer or disburse the funds 
 in his hands, "upon the legal requirement of an authorized officer, shall bo deemed, 
 upon the trial of any indictment against such person for embezzlement, as prhna 
 facie evidence of such embezzlement." Applying this rule to a military case, it is 
 clear that, in the event of such a refusal by a disbursing officer of the Army, the 
 burden of proof would be upon him to show that his proceeding was justified, and 
 that it would not be for the prosecution to show what had become of the funds. So, 
 where an acting commissary of subsistence, on being relieved, failed to turn over 
 the public moneys in his hands to his successor, or to his post commander when or- 
 dered to do so, or to produce such moneys, exhibit vouchers for the same, or other- 
 wise account for their use, when so required by his department commander, held 
 that he was properly charged with and convicted of embezzlement under this article. 
 (Ibid., par. 11.) 
 
 Where a quartermaster used temporarily with his private carriage a pair of Gov- 
 ernment horses in his charge, held that be was not properly chargeable with em- 
 bezzlement, but with the offense, under this article, of "knowingly applying to his 
 
 a See remarks of the Secretary of War in G-. C. M. 0. 34, War Department, 1872. 
 b Compare 14 Opiu. Att. Gen. ,'473. 
 
730 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Buying public Who knowingly purchases, or receives in pledge for any 
 erty. obligation or indebtedness, from any soldier, officer, or 
 
 other person who is a part of or employed in said forces 
 or service, any ordnance, arms, equipments, ammunition, 
 clothing, subsistence stores, or other property of the 
 United States, such soldier, officer or other person not 
 having lawful right to sell or pledge the same, 
 
 Shall, on conviction thereof, be punished by fine or im- 
 prisonment, or by such other punishment as a court-martial 
 may adjudge. And if any person, being guilty of any of 
 
 own use and benefit property of the United States, furnished for the military serv- 
 ice." (Ibid., par. 12.) 
 
 The misappropriation specified in the article need not be an appropriation for the 
 personal profit of the accused. The words "to his own use or benefit " qualify only 
 the term " applies." (Ibid., par. 13.) 
 
 In charging a stealing, embezzlement, misappropriation, etc., tinder this article, 
 it is not necessary to allege that the funds or property were "furnished or intended 
 for the military service;" it is sufficient if this fact appears from the evidence, and 
 in most cases it will be inferable from the very nature of the property itself as 
 where, for example, the same consists of "quartermaster stores," "subsistence 
 stores," "ordnance stores," etc. (Ibid., par. 14.) 
 
 Where an officer of the Quartermaster Department used teams, tools, and other 
 public property, in his possession as such officer, in erecting buildings, etc., for the 
 benefit of an association, composed mainly of civilians, of which he was a member, 
 held that he was properly chargeable with a misappropriation of property of the 
 United States. And similarly held of a loaning by such an officer of public property 
 (corn) to a contractor, for the purpose of enabling him to fill a contract made with 
 the United States through another officer, (a) The fact that a practice exists in a 
 post or other command of making a use (not authorized by regulation or order) of 
 Government property for private purposes, or of loaning it in the prospect of a 
 
 The offense of stealing, indicated in the ninth paragraph of this article, consists 
 in a larceny of "property of the United States furnished or intended for the military 
 service." Except in time of war (see fifty-eighth article, supra, note 1) larceny of 
 other property can be charged as a military offense only when cognizable under 
 article 62, as prejudicing good order and military discipline, (ibid., par. 1C.) 
 
 Held that under the concluding provision ot this article (b) a soldier might be 
 brought to trial for an offense of the class specified therein while held imprisoned, 
 after dishonorable discharge, under a sentence imposed for another offense, provided, 
 of course, the two years' limitation of article 103 had not expired. (Ibid., par. 17.) 
 
 In view of the words "in the same manner," employed in the last paragraph of 
 this article, considered in connection with the seventy-seventh article and section 
 1658, Revised Statutes, held that a volunteer or militia officer or soldier could be tried, 
 after his discharge from the service, for a breach of this article committed while in 
 the service, only by a court composed in the one case of other than regular officers 
 and in theother of militia officers. (See seventy-seventh article.) (Ibid., 60, pa/. 18.) 
 
 In view of the injunction and definition of sections 3622 and 5491, Revised Statutes, 
 an officer who, in his official capacity, receives public mouey (not pay or an allow- 
 ance), which he fails duly to account for to the United States, is guilty of embezzle- 
 ment. The statute makes no distinction as to the sources from which the money is 
 derived or the circumstances of its receipt. Nor is it material whether or not the 
 officer actually converted it to his own use or what was the motive of his disposition 
 of it. So held that an officer who, having claimed and exacted certain moneys from 
 Government contractors for alleged liabilities on their part, failed to pay the same 
 into the Treasury, or to duly account therefor, was guilty of embezzlement under 
 the ninth paragraph of this article. (Ibid., par. 19.) 
 
 Where an officer allowed to an enlisted man and paid to him, out of certain public 
 funds consisting of the proceeds of a public sale of condemned quartermaster stores, 
 an amount of 10 per cent on the total of such proceeds, as a compensation for tlie 
 services of such man as auctioneer at the sale, held that such payment was illegal 
 and unauthorized (c) and constituted an embezzlement of public money chargeable 
 under the sixtieth or the sixty-second article. (Ibid., par. 20.) 
 
 In charging embezzlement under this article, it is not necessary, if the fact suffi- 
 ciently appears from other allegations, to aver in terms in the specification that 
 
 aCompare case in G. C. M. 0., 46, Headquarters of Army, 1869. 
 
 6 Whether this provision, in subjecting officers and soldiers discharged, mustered 
 out, etc., and become civilians, to trial by court-martial in the same manner as if 
 they were a part of the Army is constitvitional is a question which is believed not 
 to have been judicially passed upon. Probably originally inserted in the act of 
 March 2, 1863 (from which the article is repeated) as in the nature of a war meas- 
 ure, it was in fact relied upon as giving jurisdiction in but a small number of cases 
 even during the war, and since that period no case is known in which the excep- 
 tional jurisdiction conferred lias been taken advantage of. 
 
 cSo, also, held by the Second Comptroller of the Treasury in the same case. See 
 opinion published in circular No. 3 (H. A.), 1894. 
 
THE MILITARY LAWS OF THE UNITED STATES. 731 
 
 the offenses aforesaid, while in the military service of the 
 United States, receives his discharge, or is dismissed from 
 the service, he shall continue to be liable to be arrested 
 and held for trial and sentence by a court-martial, in the 
 same manner and to the same ex-tent as if he had not 
 received such discharge nor been dismissed. 
 
 ART. 61. Any officer who is convicted of conduct unbe- co Sg U a*<Xcer 
 coming an officer and a gentleman shall be dismissed from and gentleman. 
 
 . ol Art. vVftr. 
 
 the service. 1 
 
 the money or property was "furnished or intended for the military service of the 
 United States." (Ibid., par. 21.) 
 
 Repeated false statements of the accused relative to the public moneys for which 
 he was accountable are competent evidence going to sustain a charge of embezzle- 
 ment under this article. (Ibid. 61, par. 22.) 
 
 The application or operation of this article is in no manner affected by the enact- 
 ment of March 3, 1875, chapter 144, constituting embezzlement of public property 
 a felony and making it triable by a United States court, such act being a purely civil 
 statute. (Ibid., par. 23.) 
 
 Where an officer, for the purpose of obtaining the allowance of a fraudulent claim 
 against the United States, willfully induced another to make to the United States a 
 lease of premises for public use, containing a false and fraudulent statement, held 
 that Le was chargeable with an offense of the class specified in the fourtli paragraph 
 of this article. (Ibid., par. 24.) 
 
 1 To constitute an offense under this article the conduct need not be "scandalous 
 
 and infamous." These words, contained in the original article of 1775, were dropped 
 in the form adopted in 1806. Nor is it essential that the act should compromise the 
 honor of the officer, (a) It is only necessary that the conduct should be such as is at 
 
 once disgraceful or disrepiitable and manifestly unbefitting both an officer of the Army 
 and a gentleman, (b) An act, however, which is only slightly discreditable is not, in 
 practice, made the subject of a charge under this article. The article, in making the 
 punishment of dismissal imperative in all cases, evidently contemplates that the con- 
 duct, while unfitting the party for the society of men of a scrupulous sense of decency 
 and honor, shall exhibit him as unworthy to hold a commission in the Army. (Dig. 
 Opin. J. A. Gen., 61. par. 1.) 
 
 Knowingly making to a superior a false official report held chargeable under this 
 article. So of a deliberately false official certificate as to the truth or correctness of 
 an official voucher, roll, return, etc. So of any deliberately false official statement, 
 written or verbal, of a material character. So where an officer caused the sergeant 
 of the guard to enter in the guard book a false official report that he (the officer) had 
 duly visited the guard at certain hours as officer of the day, when he had in fact been 
 guilty of a neglect of duty in this particular, and thereupon himself signed such 
 report and submitted it to his post commander, held that his conduct was charge- 
 able as an ofiense under this article. (Ibid., 62, par. 2.) 
 
 The following acts, committed in a particular case, held to be offenses within this 
 article : Preferring false accusations against an officer ; attempting to induce an officer 
 to join in a fraud upon the United States ; attempt at subornation of perjury. (Ibid. , 
 par. 3.) 
 
 An attempt by corrupt means to induce an officer to give a vote, as a member of a 
 post council of administration, in favor of a particular candidate for the tradership 
 of the post, held properly charged under this article. (Ibid., par. 4.) 
 
 Held that a surgeon who appropriated to his own personal use and to that of his 
 private mess food furnished by the Government for hospital patients was guilty of 
 an offense under this article. (Ibid., par. 5.) 
 
 The violation by an officer of a promise or pledge on honor given by him to a supe- 
 rior, in consideration of the withdrawal by the latter of charges preferred for drunk- 
 enness, that he would abstain for the future, or for a certain period, from the use of 
 intoxicating drink, held chargeable under this article. (Ibid., par. 6.) 
 
 Where an officer appeared in uniform at a theater drunk, and conducted himself 
 in such a disorderly manner as to attract the attention of officers and soldiers who 
 were present, as well as the audience generally ; held that he was properly convicted 
 of a violation of this article. (Ibid., par. 7.) 
 
 Engaging when intoxicated in a fight with another officer in the billiard room at a 
 post trader's establishment in the presence of other officers and of ciA'ilians, held an 
 ofl'ense within this article. So held of an engaging in a disorderly and violent alterca- 
 tion and fight with another officer in a public place at a military post in sight of officers 
 and soldiers. So held of an exhibition of himself by an officer in a public place in a 
 grossly drunken condition. (Ibid., 63, par. 8.) 
 
 Gambling with enlisted men in a public place held an offense within this article. 
 And so of frequenting in uniform a disreputable gambling house and gambling with 
 gamesters. (Ibid., par. 9.) 
 
 To justify a charge under this article it is not necessary that the act or conduct 
 
 aG. 0. 25, Department of the Missouri, 1867. 
 
 & ' 'An officer of the Army is bound by the law to be a gentleman." Attorney-General 
 Cashing. 6 Opins., 417. See definitions or partial definitions of the class of offenses 
 contemplated by this article in G. 0. 45, Army of the Potomac, 1864 ; G. 0. 29, Depart- 
 ment of California, 1 865 ; G. O. 7, Department of the Lakes, 1872 ; G. C. M. 0. 69, Depart- 
 ment of the East, 1870; G. C. M. 0. 41, Headquarters of Array, 1879. 
 
732 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Crimes ana dis- ART. 62. All crimes not capital, and all disorders and 
 
 orders to preju- 
 dice of military neglects, which officers and soldiers may be guilty of, to 
 
 62 Art. Wr. the prejudice of good order and military discipline, though 
 not mentioned in the foregoing articles of war, are to be 
 taken cognizance of by a general, or a regimental, garri- 
 son, or field-officers' court-martial, according to the nature 
 
 of the officer should he immediately connected with or should directly affect the 
 military service. It is sufficient that it is morally wrong and of such a nature that, 
 while dishonoring or disgracing him as a gentleman, it compromises his character 
 and position as an officer of the Army. (Ibid., par. 10.) 
 
 Thus, though a mere neglect on the part of an officer to satisfy his private pecun- 
 iary obligations will not ordinarily furnish sufficient grounds for charges against 
 him, yet where the deht has been dishonorably incurred as where money has been 
 borrowed under false promises or representations as to payment or security, or 
 where the nonpayment has been accompanied by such circumstances of fraud, deceit, 
 evasion, denial of indebtedness, etc., as to amount to dishonorable conduct the 
 continued nonpayment, in connection with the facts or circumstances rendering it 
 dishonorable, may properly be deemed to constitute an offense chargeable under this 
 article, (a) (Ibid., par. 11.) 
 
 Where an officer, in payment of a debt, gave his check upon a bank, representing 
 at the same time that he had funds there, when in fact, as he was well aware, he 
 had none; held that ho was amenable to a charge under this article. (Ibid., 64, 
 par. 12.) 
 
 Neglect or refusal to pay honest debts may constitute an offense under this article 
 where so repeated or persistent as to furnish reasonable ground for inferring that 
 the officer designs or desires to avoid or indefinitely defei a settlement. This 
 especially where the debts are due to soldiers for money borrowed from or held in 
 trust for them. (Ibid., par. 13.) 
 
 An indifference on the part of an officer to his pecuniary obligations, of so marked 
 and inexcusable a character as lo induce repeated just complaints to his military 
 commander or the Secretary of War by his creditors, and to bring discredit and 
 scandal upon the military service, held to constitute an offense within the purview 
 of this article, (b) (Ibid., par. 14.) 
 
 Where certain officers of a colored regiment made a practice of loaning to men of 
 the regiment small amounts of money, for wbich they charged and received in pay- 
 ment at the rate of two dollars for one at the next pay day; held thai they were 
 
 rbich they charged and n 
 the next pay day ; held 
 icle. (Ibid., par. 15.) 
 
 properly convicted of a violation of this article. 
 
 Where an officer stationed in Utah was married there by a Mormon official to a 
 female, with whom he lived as his wife, although having at the same time a logal 
 wife residing in the States; held that he might properly DO brought to trial by gen- 
 eral court-martial for a violation of this article. So held of an officer who committed 
 bigamy by publicly contracting marriage in the United States while having a legal 
 wife living in Scotland whom he had abandoned. (Ibid., par. 16.) 
 
 Abusing and assaulting his wife by an officer at a military post, in so public and 
 marked a manner as to disturb the post and bring scandal upon the service, held 
 chargeable as an offense under this article. (Ibid., par. 17.) 
 
 The institution by an officer of fraudulent proceedings against his wife for divorce, 
 and the manufacture of false testimony to be used against her in the suit, in connec- 
 tion with an abandonment of her and neglect to provide for her support, held to con- 
 stitute " conduct unbecoming an officer and a gentleman" in the sense of this article. 
 (Ibid. ,65, par. 18). 
 
 According to the accepted principle of interpretation, by which articles of war 
 enjoining a specific punishment or punishments arc held to be in this particular 
 both mandatory and exclusive, no sentence other than one of simple dismissal can 
 legally be adjudged upon a conviction under this article. A sentence which adds to 
 dismissal any other penalty or penalties, as disqualification for office, forfeiture of 
 pay, imprisonment, etc., "is valid and operative only as to the dismissal, and as to the 
 rest should bo formally disapproved as being unauthorized and of no effect. (Ibid., 
 par. 19.) 
 
 The following acts held to constitute offenses under this article: Fraudulently 
 procuring a divorce from his wife, by an officer; failure on the part of an officer to 
 support his wife and child, without adequate excuse therefor; procuring or allowing 
 himself, by a retired officer, to be placed, by legal proceedings, under a conservator 
 as a habitual drunkard. (Ibid., par. 20.) 
 
 The TTse of abusive language toward a commanding officer may constitute an 
 offense under this article. But, both as a matter of correct pleading and because 
 the twentieth article authorizes a punishment less than dismissal, the language 
 should be so particularized as to show that it constituted an offense more grave than 
 the mere disrespect which is the subject of the latter article. A specification not thus 
 
 a Cases of officers made amenable to trial by court-martial, under this article, for 
 the nonfulfillment of pecuniary obligations to other officers, enlisted men, post trad- 
 ers and civilians, are found in the following general orders of the War Department 
 and Headquarters of Army : No. 87, of 1866 ; Nos. 3. 55, 64, of 1869 ; No. 1 5, of 1870 ; No. 
 17, of 1871; Nos. 22,46, of 1872; No. 10, of 1873; Nos. 25, 50, 68,82, of 1874; No. 25, of 
 1875; No. 100, of 1876; No. 46, of 1877. 
 
 6 See, on the subject of these complaints, the circular issued originally from the 
 War Department (A. G-. O.) on February 8, 1872, in which the Secretary of War 
 "declares his intention to bring to trial by court-martial," under the sixty-first 
 article of war, "any officer who, after due notice, shall fail to quiet such claims 
 against him." 
 
THE MILITARY LAWS OF THE UNITED STATES. 733 
 
 and degree of the offense, and punished at the discretion 
 of such court. 1 
 
 That fraudulent enlistment and the receipt of any pay 
 or allowance thereunder, is hereby declared a military of- 
 fense and made punishable, by a court-martial, under the 
 62 Article of War. Sec. 2, act of July 27, 1892 (27 Stat. L., 
 277). 
 
 setting forth and characterizing the epithets or words employed will be subject to a 
 motion to make definite or strike out. (Ibid., par. 21.) 
 
 The mere acceptance by an officer of compensation from private parties (civilians) 
 whom, by permission of his superior, he assists in a private undertaking, though it 
 may bo an indelicate act, is not an offense under this article. Of the propriety of 
 such conduct an officer must judge for himself. (Ibid., par. 22.) 
 
 Jt is no defense whatever to a charge under this article that between the date of 
 the refusal by the United States to pay the assignee of a duplicated voucher and 
 the date of the arraignment of the officer or of the service of the charges the money 
 duo has been paid, or somehow secured or made good to the assignee, or that he has 
 been induced to withdraw or suspend his claim against the officer, (a) (Ibid., par. 25.) 
 
 Held that a continued neglect, without adequate excuse, to satisfy a pecuniary 
 obligation long overdue, after specific assurances given of speedy payment, was a 
 dishonorable act constituting an oO'ense under this article. (J) (Ibid., par. 2(5.) 
 
 1 The word " crimes " in this article, distinguished as it is from "neglects" and 
 "disorders," means military offenses of a more serious character than these, includ- 
 ing such as are also civil crimes, as homicide, robbery, arson, larceny, etc. " Capi- 
 tal" crimes (i. c., crimes capitally punishable), including murder, or any grade of 
 murder made capital by statute, can not be taken cognizance of by courts-martial 
 under this article. (As to the j urisdiction of courts-martial in cases of murder, etc., 
 in time of war, see art. 58, supra, note ) A crime which is in fact murder, and 
 capital by statute of the United States or of the State in which committed, can not 
 be brought within the jurisdiction of a court-martial under this article by charging 
 it as "manslaughter, to the prejudice," etc., or simply as "conduct to the prejudice, 
 etc. (c) If the specification or the proof shows that the crime was murder and a 
 capital offense, the court should refuse to take jurisdiction, or to find or sentence. 
 If it assume to do so, the proceedings should be disapproved as unauthorized and 
 void. (Dig. Opin. J. A. Gen., p. 67, par. 1. ) 
 
 The term " to the prejudice of good order and military discipline" qualifies, ac- 
 cording to tho accepted interpretation, the word " crimes " as well as the words 
 "disorders and neglects." Thus, tho crime of larceny (sometimes charged as 
 " theft " or "stealing") is held chargeable under this article when it clearly affects 
 tho order and discipline of the military service. Stealing, for example, from a fel- 
 low soldier or from an officer (or stealing of public money or other public property 
 where the offense is not more properly a violation of article 60), is generally so 
 chargeable. And so of any other crime (not capital) the commission of which haa 
 prejudiced military discipline, as, for example, manslaughter (or homicide not 
 amounting to murder) of a soldier; assault with intent to kill a fellow-soldier; 
 forgery of the name of a disbursing or other military officer to a Government 
 check or draft, or forgery of an officer's name to a check on a bank (and thia 
 whether or not anything was in fact lost by the Government or the bank or officer) ; 
 forgery in signing tho name of a fellow- soldier to a certificate of indebtedness to a 
 sutler, or to an order on a paymaster; embezzlement or misappropriation of the 
 property of an officer or soldier. (Ibid., par. 2.) 
 
 Held that for an officer to print and publish to the Army a criticism upon an offi- 
 cial report made by another officer in tho course of his duty to a common superior, 
 charging that such report was erroneous and made with an improper and interested 
 motive, was gravely unmilitary conduct, to the prejudice of good order and military 
 discipline. An officer who deems himself wronged by an official act of another officer 
 should prefer charges against the latter or appeal for redress to the proper superior 
 authority. He is not permitted to resort to any form of publication of his strictures 
 or grievances. So held that for an officer to publish or allow to bo published in a 
 new.'-paper of general circulation charges and insinuations against a brother officer, 
 by which his character for courage and honesty is aspersed and he is held up to 
 odium and ridicule before the Army and community, was a highly unmilitary pro- 
 ceeding and one calling for a serious punishment upon a conviction under this arti- 
 cle, and this whether or not the charges as published were true. (Ibid., 69, par. 5.) 
 
 Tho following offenses have been held properly charged or chargeable under this 
 article as disorders or neglects " to tho prejudice of good order and military disci- 
 pline": Drunkenness or drunken and disorderly conduct, at a post or in public, com- 
 mitted by a soldier orofficerwhen not "on duty," and when the act (in the caseof an 
 officer) does not more properly fall within the description of article 61. Escape from 
 military confinementorcustody, where not amounting to desertion. Breach of arrest, 
 whirenotproperly chargeable under article 65. Malingering. Disclosing a finding or 
 
 ttHee the remarks of the reviewing authoritv in the cases published in G. C. M. O. 
 '8 of 1886 and 56 of 1893. 
 
 ft See Fletchers. U. S., 26 C. Cls.R., 541,562; U. S.v. Fletcher, 148 U. S., 84, 91; Swaim 
 o. U. S., 28 Ct. Ols., 173, 230. 
 
 c-See this opinion, as given in an important case, adopted by the Secretary of War 
 in his action on tho same published in G. G. M. O. 3, War Department, 1871; also the 
 similar rulings in G. C. M. O. 28, Department of Texas, 1875; G. 0, 14, Department of 
 Dakota, 1868 ; G. 0. 104, Army of the Potomac, 1862. 
 
734 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Retainers of ART. 63. All retainers to the camp, and all persons serv- 
 ca oa p Art. war. ing with the armies of the United States in the field, 
 
 sentence of a court-martial in contravention of the oath prescribed in article 84 or 85. 
 Refusing to testify when duly required to attend and give evidence as a witness before 
 a court-martial. Joining with other inferior officers of a regiment in a letter to the 
 colonel asking him to resign. Neglecting, by a senior officer "present for duty" with 
 his regiment, to assume the command of the same when properly devolved upon him, 
 and allowing such command to be exercised by a junior. Culpable malpractice by a 
 medical officer in the courseof his regular military duty. Colluding with bounty bro- 
 kers in procuring fraudulent enlistments to be made and bounties to be paid thereon. 
 Violations, by an officer, of paragraph 587, Army Regulations of 1895, in bidding in 
 and purchasing, through anotherparty, public property sold at auction by himself as 
 
 Suartermaster ; also in purchasing subsistence stores, ostensibly for domestic use, 
 at really for purposes of traffic. ( violations, indeed, of Army Regulations in general 
 are properly chargeable under this article as neglects or disorders to the prej udice 
 of good order and military discipline.) Causing, by a quartermaster, troops to be 
 transported upon a steamer known by him to be unsafe. Paying money due umlera 
 contract (for military supplies) to a party to whom, with the knowledgoof the accused, 
 the contract had been 'transferred in contra A'ention of section 3737, Revised Statutes. 
 Inciting, by an officer, another officer to challenge him to fight a duel. Assuming, by 
 a soldier, to be a corporal in the recruiting service, and as such enlisting recruits and 
 obtaining board ana lodging for himself and recruits without paying for same. Pro- 
 curing, by a soldier, whisky from the post trader by forging an order for the same in 
 the name of a laundress. Breach of faith, by a soldier, in refusing to pay the post 
 trader for articles obtained on credit upon orders on him which had been guaran- 
 teed or approved by the company commander upon the condition that the amounts 
 should be paid on the next pay day. Gambling by officers or soldiers under such 
 circumstances as to impair military discipline (where the conduct, in the case of an 
 officer, does not rather constitute an offense under article 61). Striking a soldier, or 
 using any unnecessary violence against a soldier, by an officer. (Ibid., 69, par. 6.) 
 
 The following acts or offenses have been held to be not properly chargeable under 
 this article : A mere breach of the peace committed by a soldier (while absent alone 
 and at a distance from his post) (a) in a street of a city, and in violation of a municipal 
 ordinance. Pecuniary transactions between enlisted men of a culpable character, 
 but in their private capacity and not directly affecting the service or impairing mili- 
 tary discipline. Speculating and gambling in stocks by a disbursing officer, the 
 proper performance of whose military duty was not affected. (But recommended 
 that ho be relieved from the duty of disbursing public money.) Reenlisting by the 
 procurement of the recruiting officer after having been discharged for a disability 
 still continuing, the act being in good faith and the alleged offense being committed 
 before the party could be said to have fully come into the service. (Ibid., 71, par. 7.) 
 
 A crime, disorder, or neglect, cognizable under this article, may be charged either 
 by its name simply as "larceny," "drunkenness," "neglect of duty," etc., or by its 
 name with the addition of the words "to the prejudice of good or'der and military 
 discipline," or simply as "conduct to the prejudice of good order and military dis- 
 cipline," or as "violation of the sixty-second article of war." It is immaterial in 
 which form the charge is expressed, provided the specification sets forth facts con- 
 stituting an act prejudicial to good order and military discipline. "Whenever the 
 charge and specification taken together make out a statement of an act clearly thus 
 prejudicial, etc., the pleading will be regarded as substantially sufficient under this 
 general article. (Ibid., 72, par. 8.) 
 
 A charge of "conduct to the prejudice," etc., with a specification setting forth 
 merely trials and convictions of the accused for previous offenses, is not a pleading 
 of an offense under this article, or of any military offense. So of a charge of "habit- 
 ual drunkenness to the prejudice," etc., with a specification setting forth instances 
 in which the accused has been sentenced for acts of drunkenness. Such charges, 
 indeed, are in contravention of the principle that a party shall not be twice tried for 
 the same offense. So a specification under the charge "conduct to the prejudice," 
 etc., which sets forth not a distinct offense but simply the result of an aggregation 
 of similar offenses, is insufficient in law. Where the specifications to such a charge, 
 in a case of an officer, set forth that the accused was "frequently" drunk, "fre- 
 quently" absented himself without authority from his command, etc., held that 
 these specifications were properly struck out by the court on the motion of the ac- 
 cused. In such a case the only correct pleading is a general charge under this arti- 
 cle, with specifications setting forth, each separately, some particular and specific 
 instance of offense. (Ibid., 72, par. 9.) 
 
 Held that a specification alleging homicide, but not adding "with malice afore- 
 thought," or in terms to that effect, was a pleading of manslaughter only and thus 
 within this article. (Ibid., 73, par. 10.) 
 
 Whether acts committed against civilians are offenses within this article is a 
 question to be determined by the circumstances of each case, and in regard to which 
 no general rule can be laid down. If the offense be committed on a military reser- 
 vation or other premises occupied by the Army, or in its neighborhood, so as to be, 
 so to speak, in the constructive presence of the Army ; or if committed by an officer 
 or soldier while on duty, particularly if the injury is done to a member of the com- 
 munity whom the offender is specially required to protect ; or if committed in the 
 presence of other soldiers, or while the offender is in uniform ; or if the offender 
 uses his military position or that of a military superior for the purpose of intimida- 
 tion or other unlawful influence or object, the offense will in general properly be 
 regarded as an act prejudicial to good order and military discipline and cognizable 
 by a court-martial under this article. The judgment on the subject of a court of 
 
 a Offenses committed by a soldier while on furlough will not in general so directly 
 prejudice military discipline as to render him amenable to trial by court-martial. 
 
THE MILITARY LAWS OF THE UNITED STATES. 735 
 
 though not enlisted soldiers, are to be subject to orders, 
 according to the rules and discipline of war. 1 
 
 military officers, experts as to such cases, confirmed by the proper reviewing com 
 mander, should be reluctantly disturbed. (Ibid., par.'ll. See, also, MANUAL FOB 
 COURTS-MARTIAL, p. JC, par. 7.) 
 
 The following held instances of offenses cognizable under this article: Neglect on 
 the part of an officer of engineers to oversee the execution of a contract for a public 
 work placed under his charge, the due fulfillment of such charge being a military 
 duty ; (a) a public criticism in a newspaper by an officer of a case which had been 
 investigated by a court-martial and was awaiting the action of the President; 
 assuming, by an officer, to copyright as owner, and thus asserting the exclusive 
 right to publish, in an abridged form, the Infantry Drill Regulations, property of 
 the United S ates, and the formal official publication of which had already been 
 announced in orders by the Secretary of War; selling condemned military stores, by 
 an officer, without due notice, and not suspending the sale when better prices could 
 
 "egulatious; 
 mblished 
 increase a 
 
 score, etc. ; violation by a soldier of a pledge given to his commanding officer to 
 abstain from intoxicating liquors, on the faith of which a previous offense was con- 
 doned ; bigamy by a ooldier, committed at a military post. (Ibid., par. 12.) 
 
 The following acts held not to be cognizable aa offenses under this article : A resort 
 to civil proceedings by suit against a superior officer on account of acts done in the 
 performance of military duty ; but held that, if the verdict should be for the defend- 
 ant, and it should appear that the suit was without probable cause and malicious, a 
 charge under this article might perhaps be sustainable. The mere loaning of money 
 at usurious or excessive rates of interest by a noncommissioned officer to privates, 
 unless it should clearly be made to appear thatsuch conduct promoted desertions or 
 other results prejudicial to the discipline of the command. (But aa the practice in 
 this case had been long continued, and was clearly demoralizing, advised that the 
 noncommissioned officer be summarily discharged.) The becoming infected by a 
 soldier with a disease unfitting him for service, as the result of vicious conduct. 
 The living in adultery by a soldier at Plattsburg village, where he was permitted to 
 reside, situate about a mile from Plattsburg Barracks. Advised in this case that the 
 offender be turned over to the civil authorities for trial under the laws of New York. 
 (Ibid., 74, par. 13.) 
 
 1 The accepted interpretation of this article is that it subjects (in time of war) the 
 
 classes of persons specified not only to military discipline and government in gen- 
 so to the jurisdiction of courts-martial (upon the theory, probably, that 
 
 era!, \>\\t also 
 
 they are thus made, for the time being, a part of the Army). Individuals, however, 
 of the class termed "retainers to the camp, " or officers' servants and the like, aa well aa 
 camp followers generally, have rarely been subjected to trial in our service. For 
 breaches of discipline committed by them the punishment has generally been expul- 
 sion from the limits of the camp and dismissal from employment. (Dig. Opin. J. A. 
 Gen., 75, par. 1.) 
 
 The discipline authorized by the article has mainly been applied to the description 
 of "persons serving with the armies of the United States in the field " that is to 
 say, civilians serving in a quasi-military capacity in connection with troops, in time 
 of war and on its theater. Thua, during the late war, civilians of the following 
 classes were, in repeated cases, held amenable, under this article, to the military 
 jurisdiction, and subjected to trial and punishment by courts -martial: Teamsters 
 employed with wagon trains, watchmen, laborers, and other employees of the quar- 
 termaster, subsistence, engineer, ordnance, provost-marshal, etc., departments ; am- 
 bulance drivers; telegraph operators ; interpreters ; guides; paymasters' clerks; 
 veterinary surgeons; "contract" surgeons, nurses, and hospital attendants ; con- 
 ductors and engineers of railroad trains operated upon the theater of war for mili- 
 tary purposes; officera and men employed on Government transports, etc. But tho 
 mere fact of employment by the Government pending a general war does not render 
 tho civil employee so amenable. The employment must be in connection with tho 
 army in the field and on the theater of hostilities. (Ibid., par. 2.) 
 
 Held (June, 1863) that the force employed in the "ram fleet" on Western waters 
 was properly a contingent of the Army rather than of tho Navy, and accordingly 
 that civilian commanders, pilots, and engineers employed upon such fleet during 
 tho war and before the enemy were persons serving with the armies in tho field in 
 the sense of this article, and therefore amenable to trial by court-martial. (Ibid., 
 76, par. 3.) 
 
 Civil employees of the United States serving with the Army in the field during 
 active warfare with hostile Indian tribes held amenable to trial by court-ninrtial 
 under this article. A ciA'ilian who acted as guide to a command operating in a hostile 
 movement during an Indian war held so triable. (Ibid., par. 4.) 
 
 Thojurisdiction authorized by this article cannot be extended to civilians em- 
 ployed in connection with the Army in time of peace, nor to civilians employed in 
 such connection during the period of an Indian war, but not on the theater of such 
 war. In view of the limited theater of Indian wars, this exceptional jurisdiction is 
 to be extended to civilians, on account of offenses committed during such wars, with 
 even greater caution than in a general war. (Ibid., par. 5.) 
 
 Civilians can not legally be subjected to military jurisdiction by the authority of 
 this article after the war (whether general or against Indians), pe'nding which their 
 offenses were committed, has terminated. The jurisdiction, to be lawfully exercised, 
 must bo exercised during the status belli. (Ibid., par. 6.) 
 
 A civil employee of the United States in time of peace is most clearly not made ' 
 amenable to the'military jurisdiction and trial by court-martial by the fact that he 
 is employed in an office connected with the administration of the military branch of 
 
 a See Eunkle v. U. S., 19 C. Cls. Pv., 411, 412. 
 
736 THE MILITARY LAWS OF THE UNITED STATES. 
 
 AH troops sub- ART. 64. The officers and soldiers of any troops, whether 
 war. inilitiaor others, mustered and in pay of the United States, 
 
 , c. shall, at all times and in all places, be governed by the 
 i S 284 V Mar P 2 articles of war, and shall be subject to be tried by courts- 
 
 i2 86 p.6% V 8 I:T martial. 1 
 Arrest of offr ART. 65. Officers charged with crime 2 shall be arrested 
 
 cers accused or . . 
 
 crimes and confined in their barracks, quarters, or tents, and de- 
 
 prived of their swords by the commanding officer. And 
 any officer who leaves his confinement before he is set at 
 liberty by his commanding officer shall be dismissed from 
 the service. 3 
 Soldiers ac ART. 66. Soldiers charged with crimes shall be confined 
 
 cused of crimes. 
 
 66 Art. War. until tried by court-martial, or released by proper author- 
 ity. 4 __ 
 
 the Government. Such employment does not make him a part of the military estab- 
 lishment, nor is his offense, however nearly it may affect tho military service, "a 
 case arising in the lam! forces " in the sense of article 5 of the amendments to the 
 Constitution. So held (June, 1877) that a civilian clerk employed in lime of peace 
 in the office of the chief quartermaster at San Francisco was manifestly not amena- 
 ble, under this article or otherwise, to trial by court-martial for the embezzlementor 
 misapplication of Government funds appropriated for the Quartermaster Depart- 
 ment. (a) And remarked that if this official could be made liable to such .jurisdic- 
 tion. all the male and female clerkscmployedinthe WarDepartment might upon the 
 same principle be held thus amenable for offenses against the Government committed 
 in connection with their duties. And so held in the case of a civilian clerk em- 
 ployed at Cam]) Robinson, Nebraska, charged with conspiring with contractors to 
 defraud the United States, the post not being within the theater of any Indian war 
 or hostilities pending at the period of the offense, (ft) (Ibid., 77, par. 7.) 
 
 Held (April, 1877) that superintendents of national crmetcries, being nopartof the 
 Army, but civilians (see section 4874, Revised Statutes), were clearly not amena- 
 ble to military jurisdiction or trial under this articleor otherwise, (c) (Ibid., par. 8.) 
 
 1 It is a general principle, confirmed by this article, that military offenses are not 
 territorial (see Manual for Courts-Martial, p. 12). So held that an officer who exhib- 
 ited himself in an intoxicated condition at a public ball in Mexico, though not 
 present in any military capacity, was amenable for his offense to the jurisdiction of 
 a court-martial in Texas. (Dig. Opm. J. A. Gen... 77. Houston v. Moore, 5 Wh.. 20. 
 See, also, note to par. 1307 ante.) 
 
 2 The term " crime" is here employed in a general sense, referring to offenses of a 
 military character, as well as to those of a civil character which are cognizable by 
 court-martial, (d) An offense in violation of this article is only committed when an 
 officer, confined in "close arrest" to his quarters, leaves the same without author- 
 ity. A breach of a mere formal arrest, or of any arrest not accompanied by confine- 
 ment to quarters, would be an offense not within this article, but under article 62. 
 (Dig. Opin. J. A. Gen., 78, par. 1.) 
 
 Simply disobeying an order to proceed and report in arrest to a certain commander 
 held not an offense chargeable iinder this article. (Ibid., par. 2.) 
 
 3 Where an officer in close arrest was permitted by his commanding officer to Jeave 
 temporarily his confinement, held that his delaying his return for a brief period 
 beyond the time fixed therefor did not properly constitute an offense under this 
 article. (Ibid., par. 3.) 
 
 Though any unauthorized leaving of his confinement by an officer in close arrest is, 
 strictly, a violation of the article, it would seem, in view of the severe mandatory 
 punishment prescribed, that an officer should not in general be brought to trial under 
 the same unless his act was of a reckless or deliberately insubordinate character. 
 (Ibid., par. 4.) 
 
 It is no defense to a charge of breach of arrest in violation of this article that the 
 accused is innocent of the offense for which he was arrested, (e) It is a defense, 
 however, that, subsequently to the original confinement, the accused has been put on 
 duty or allowed to go on duty, provided that, before the breach assigned, he has not 
 been duly rearrested and reconiined. (/) (Ibid., par. 5.) 
 
 The requirement of this article, that an offender "shall be dismissed," is held to be 
 exclusive of any other punishment. A senteno- of dismissal, with forfeiture of pay, 
 is unauthorized and inoperative as to the forfeiture, and as to this should be disap- 
 proved. (Ibid., 79, par. 6.) See sixty-first article. See also the title "Arrest and 
 confinement " in the chapter entitled^MiLiTAKY TRIBUNALS. 
 
 4 Soldiers held in military arrest, while they may be subjected to such restraint as 
 may be necessary to prevent their escaping or committing violence, can not legally 
 
 a See the confirmatory opinion in this case of the Attorney- General of May 15, 1873, 
 16 Opins., 13. 
 
 b See opinion, to a similar effect, of the Attorney -General of Juno 15, 1878, 16 
 Opins., 48. 
 
 cSee, to the same effect, the opinion of the Attorney-General referred to in notea. 
 
 d Compare Wolton v. Gavin, 16 Ad. & El., 66, 68; Simmons, sec. 360. 
 
 e Hough (Practice), 494. 
 
 /Hough (Precedents), 19. 
 
THE MILITARY LAWS OF THE UNITED STATES. 737 
 
 ART. 67. No provost-marshal, or officer commanding a Receiving pris- 
 
 1 . oners, 
 
 guard, shall refuse to receive or keep any prisoner com 67 Ar t- war. 
 mitted to his charge by an officer belonging to the forces of 
 the United States; provided the officer committing shall, 
 at the same time, deliver an account in writing, signed 
 by himself, of the crime charged against the prisoner. 
 
 ART. 68. Every officer to whoso charge a prisoner is Report of pris- 
 committed shall, within twenty-four hours after such com- os Art. War. 
 mitment, or as soon as he is relieved from his guard, report 
 in writing, to the commanding officer, the name of such 
 prisoner, the crime charged against him, and the name of 
 the officer committing him ; and if he fails to make such 
 report, he shall be punished as a court-martial may direct. 
 
 ART. 69. Any officer who presumes, without proper au- Releasing pris- 
 
 , , . . . . , . , . , oner without au- 
 
 thority, to release any prisoner committed to his charge, or thorny; escapes. 
 suffers any prisoner so committed to escape, shall be pun- 
 ished as a court-martial may direct. 1 
 ART. 70. No officer or soldier put in arrest shall be con- Duration of 
 
 L confinement. 
 
 tinned in confinement more than eight days, or until such 70Art. war. 
 time as a court martial can be assembled. 2 
 ART. 71. When an officer is put in arrest for the purpose copy of charges 
 
 and time of trial. 
 
 of trial, except at remote military posts or stations, the July 17,1862,0. 
 
 officer by whose order he is arrested shall see that a copy of 595.' 8 
 
 the charges on which he is to be tried is served upon him n Art ' War * 
 
 within eight days after his arrest, and that he is brought 
 
 to trial within ten days thereafter, unless the necessities 
 
 of the service prevent such trial; and then he shall be 
 
 brought to trial within thirty days after the expiration of 
 
 said ten days. If a copy of the charges be not served, 
 
 or the arrested officer be not brought to trial, as herein 
 
 required, the arrest shall cease. But officers released from 
 
 arrest, under the provisions of this article, may be tried, 
 
 be subjected to any punishment; the imposition of punishment upon soldiers while 
 thus detained has been on several occasions emphatically denounced by department 
 commanders, (a) (Ibid., par. 1.) 
 
 Tho word "crimes, " as used in this article, is construed to mean serious military 
 offenses. So that a soldier will not properly be ' confined " where not charged with 
 one of the more serious of the military offenses in other words, where charged only 
 with an offense of a minor character. (Ibid., par. 2.) See the title "Arrest and con 
 finement" in the chapter entitled MILITARY TRIBUNALS. 
 
 'General Order 16 of 1895, fixing the maximum punishments, appoints different 
 limits of punishment for willfully and for negligently allowing an escape as sepa- 
 rate offenses. A charge for suffering an escape under this article should therefore 
 indicate, in the specification, Avhether the act is alleged to be willful or negligent 
 only. (Ibid., par. 1.) 
 
 * Detaining soldiers in arrest for long and unreasonable periods, when it is practi- 
 cable to bring them to trial, is arbitrary and oppressive, and in contravention both 
 of the letter and spirit of this article. Whether th.o delay in any case is to be 
 regarded as so far unreasonable as properly to subject the commander responsible 
 therefor to military charges or a civil action must depend upon the circumstances 
 of the situation and the exigencies of the service at the time, (b) Dig. Opin. J. A. 
 Gen., 80. See the title "Arrest and confinement,' in the chapter entitled MILITARY 
 TRIBUNALS. 
 
 , for example, the remarks of such commanders in G. O. 23, Department of the 
 East, 1863; G. O. 26, Department of California, 1866; G. O. 23, Department of the 
 Lakes, 1870; G. O. 106, Department of Dakota, 1871. And compare remarks of Jus- 
 tice Story in Steero v. Field, 2 Mason, 516. 
 & Compare Blake's Case, 2 Maule &. Sel., 428; Bailey v. Warden, 4 ibid., 400. 
 
 1919 - 47 
 
738 THE MILITARY LAWS OF THE UNITED STATES. 
 
 whenever the exigencies of the service shall permit, within 
 twelve months after such release from arrest. 1 
 
 oTn? "ne/ai ART. 72. Any general officer commanding an army, a ter- 
 courts-martiai. ritorial division or a department, or colonel commanding a 
 
 May 29, 1830, v. .' 
 
 4, p. 417; July 5, separate department, may appoint general courts-martial 
 18 ? 2 Art!' war. 1 ' whenever necessary. But when any such commander is 
 the accuser or prosecutor of any officer under his com- 
 mand, the court shall be appointed by the President, and 
 its proceedings and sentence shall be sent directly to the 
 Secretary of War, by whom they shall be laid before the 
 President for his approval or orders in the case. 2 Act of 
 July 5, 1884 (23 Stat. L., 121). 
 
 who may ap- ART. 73. In time of war the commander of a division, 
 coirts martial in or of a separate brigade of troops, shall be competent to 
 
 . appoint a general court-martial. But when such com- 
 12 73'lrt'. War. manner is the accuser or prosecutor of any person under 
 his command, the court shall be appointed by the next 
 higher commander. 3 
 
 1 Though an officer, in whose case the provisions of tins article in regard to serv- 
 ice of charges and trial have not been complied with, is entitled to be released from 
 arrest, he is not authorized to release himself therefrom. If he be not released in 
 accordance with the article, he should apply for his discharge from arrest, through 
 the proper channels, to the authority by whose order the arrest was imposed, or 
 other proper superior. (Dig. Opin. J. A. Gen., 80. par. 1.) 
 
 The term "within ten days thereafter" held to mean after his arrest. (Ibid., 
 par. 2.) 
 
 Held a sufficient compliance with the requirement as to the service of charges to 
 have served a true copy of the existing charges and specifications, though the list 
 of witnesses appended to the original charges was omitted, and though the charges 
 themselves were not in sufficient legal form, and were intended to be amended and 
 redrawn. (Ibid., 81. par. 3.) 
 
 The fact that cases of officers put in arrest "at remote military posts or stations " 
 are excepted from the application of the article does not authorize an abuse of the 
 power of arrest in these cases. And where, in such a case, an arrest, considering 
 the facilities of communication with the department headquarters and other circum- 
 stances, was in fact [unreasonably protracted without trial, held that the officer was 
 entitled to be released from arrest upon a proper application submitted for the pur- 
 pose. (Ibid., par. 4 ) See also note 1 to article 69, supra. 
 
 "See the title "Constitution and composition of general courts-martial," in the 
 chapter entitled MILITARY TRIBUNALS. 
 
 Prior to the amendment of this article by the act of July 5, 1884, a colonel com- 
 ma! ding a department was not authorized, as such, to convene a general court; 
 otherwise, however, of a colonel assigned by the President to the command of a 
 department according to his brevet rank of brigadier or major general. (Dig. Opin. 
 J. A. Gen., 82, par. 4.) 
 
 The objection that the convening commander was the "accuser" or "prosecutor" 
 of the accused, being one going to the legal constitution of the court, may be raised 
 before the court at any stage of its proceedings. (Or it may be taken to thereview- 
 ing officer with a view to his disapproving the proceedings, or may be made to the 
 President, after the approval and execution of the sentence, with a view to having 
 the same declared invalid, or to the obtaining of other appropriate relief.) Regu- 
 larly, however, the objection, if known or believed to exist, should be taken at or 
 before the arraignment. If the objection is not admitted by the prosecution to 
 exist, the accused is entitled to prove it like any other issue. (Ibid., 84, par. 8.) 
 
 The provision of this article (and of article 73) that when the convening com- 
 mander is "accuser or prosecutor " the court shall be convened by the President or 
 "next higher commander," being expressly restricted to general courts, has, of 
 course, no application to regimental or garrison courts. (But see Summary court.) 
 The same principle, however, will properly be applied to proceedings before these 
 courts if it can be done without serums embarrassment to the service. (Ibid., par. 9.) 
 
 A general court-martial, convened by the division commander (a major-general) 
 duly acting as department commander in the absence of the regular 'department 
 commander, is legally convened by a general officer commanding a department in the 
 sense of this article. (Ibid., par. 10.) 
 
 The mere fact that a general court-martial is convened by a department com- 
 mander does not make such commander an "accuser or prosecutor" in the sense of 
 this article, (a) A department commander is not an "accuser or prosecutor" when, 
 upon information of misconduct duly laid before him, he orders the acting judge- 
 advocate of the department or the colonel commanding the regiment to proceed 
 to bring the offender to trial, this being a part of his due and regular supervision and 
 command. (Ibid., par. 11.) 
 
 3 See note 1, to article 72, supra. 
 
 a See 16 Opin. Att. Gen., 109. 
 
THE MILITARY LAWS OF THE UNITED STATES. 739 
 
 ART. 74. Officers who may appoint a court-martial shall ca 't e g dge " advo " 
 be competent to appoint a judge-advocate for the same. 1 7 * ^ rt - War - 
 
 That whenever a court-martial shall sit in closed session 
 the judge-advocate shall withdraw, and when his legal 
 advice or his assistance in referring to recorded evidence 
 is required it shall be obtained in open court. Sec. 2, act 
 of July 27, 1892 (27 Stat. L., 278). 
 
 ART. 75. General courts-martial may consist of any num- 
 ber of officers from five to thirteen, inclusive; but they m ^jjj. War 
 shall not consist of less than thirteen when that number 
 can be convened without manifest injury to the service. 2 
 
 ART. 76. When the requisite number of officers to form ^^Satt 
 a general court-martial is not present in any post orpJ- Art War 
 detachment, the commanding officer shall, in cases which 
 require the cognizance of such a court, report to the com- 
 manding officer of the department, who shall, thereupon, 
 order a court to be assembled at the nearest post or depart- 
 ment at which there may be such a requisite number of 
 officers, and shall order the party accused, with necessary 
 witnesses, to be transported to the place where the said 
 court shall be assembled. 
 
 ART. 77. Officers of the Regular Army shall not be com- Regular offi- 
 
 J cers; on what 
 
 petent to sit on courts-martial to try the officers or sol- courts may sit. 
 diers of other forces, except as provided in Article 78. 3 
 
 ART. 78. Officers of the Marine Corps, detached for serv- R ^ u 1 1 a r i 
 ice with the Army by order of the President, may be ass -ciS;ed e on 
 
 elated with officers of the Regular Army on courts-martial ^ Art. war. 
 
 . June 30, 1834, 
 
 for the trial of offenders belonging to the Regular Army, c. 132, s. 2, v. 4, p. 
 or to forces of the Marine Corps so detached; and in such 
 cases the orders of the senior officer of either corps, who 
 may be present and duly authorized, shall be obeyed. 3 
 ART. 79. Officers shall be tried only by general courts- officers triable 
 
 J Jt by general 
 
 martial, arid no officer shall, when it can be avoided, be courts-martial. 
 tried by officers inferior to him in rank. 4 
 
 1 See the title "Judge-advocate," in the chapter entitled MILITARY TRIBUNALS. 
 
 2 Where, in the course of a trial, the number of the members of a general court- 
 martial is reduced by reason of absence, challenge, or the relieving of members, the 
 court may legally proceed with its business so long as five members, the minimum 
 quorum, remain; otherwise where the number is thus reduced below five. (Dig. 
 Opin. J. A. Gen., 87, par. 3.) 
 
 While a number of members less than five can not be organized as a court or pro- 
 ceed with a trial, they may perform such acts as are preliminary to the organization 
 and action of the court. Less than five members may adjourn from day to day, and 
 where five are present and one of them is challenged, the remaining four may 
 determine upon the sufficiency of the objection. (Ibid., par. 4.) 
 
 A court reduced to four members, and thereupon adjourning for an indefinite 
 period, does not dissolve itself. In adjourning it should report the facts to the con- 
 vening authority and await his orders. He may at any time complete it by the addi- 
 tion of a new member or members and order it to reassemble for business. (Ibid., 
 88, par. 5.) 
 
 Where a court, though reduced by the absence of members, operation of challenges, 
 etc., to below five members, yet proceeds with and concludes the trial, its further pro- 
 ceedings, including its finding and sentence (if any), are unauthorized and inoper- 
 ative. (Ibid., par. C.) 
 
 3 See note 1. article 72, supra. 
 
 4 Whether the trial of an officer by officers of an inferior rank can be avoided or 
 not is a question not for the accused or the court, but for the officer convening the 
 
740 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Field officers' ART. 80. In time of war a field officer may be detailed 
 July 17, 1862, ju every regiment, to try soldiers thereof for offenses not 
 
 c. 201, s.7, v. 12, -JIT. 
 
 P. 598. capital j and no soldier, serving with his regiment shall 
 
 be tried by a regimental l garrison court-martial when a 
 field officer of his regiment may be so detailed. 2 
 
 Regimental ART. 81. Every officer commanding a regiment or corps 
 July 17, 1862, c. shall, subject to the provisions of article eighty, be compe- 
 
 598 1 . ' ' {- en a pp j n t ? for his own regiment or corps, courts-mar- 
 tial, consisting of three officers, to try offenses not capital. 3 
 
 ART. 82. Every officer commanding a garrison, fort, or 
 other place, where the troops consist of different corps, shall, 
 
 598 ; .r 6D. 18, Io75, 
 
 v. is, p. 318. subject to the provisions of article eighty, be competent to 
 
 appoint, for such garrison or other place, courts martial, 
 
 consisting of three officers, to try offenses not capital. 4 
 
 jurisdiction of ART. 83. Regimental and garrison courts-martial, and 
 
 ?egfmontai? e ami field- officers detailed to try offenders, shall not have power 
 
 ga jTiiyi7?i862?c. to try capital cases or commissioned officers, or to inflict a 
 
 UJ' s - 7> Vt 12 ' p- fine exceeding one month's pay, or to imprison or put to 
 
 83 Art. war. narc [ labor any non-cominissioned officer or soldier for a 
 
 longer time than one month. 4 
 Oath of mem- ART. 84. The judge-advocate shall administer to each 
 
 bers of courts- 
 
 mardaL ^ member of the court, before they proceed upon any trial, 
 27, p/278.' the following oath, which shall also be taken by all mem- 
 bers of regimental and garrison courts-martial : " You, A B, 
 do swear that you will well and truly try and determine, 
 according to evidence, the matter now before you, between 
 the United States of America and the prisoner to be tried, 
 and that you will duly administer justice, without partiality, 
 favor, or affection, according to the provisions of the rules 
 and articles for the government of the armies of the United 
 States, and if any doubt should arise, not explained by said 
 articles, then according to your conscience, the best of your 
 
 court; and his decision (as indicated by the detail itself as made in the convening 
 order) upon this point, as upon that of the number of members to be detailed, is 
 conclusive. (See seventy-fifth article.) An officer, therefore, can not successfully 
 challenge a member because merely of being of a rank inferior to his own. (See 
 eighty-eighth article.) (Dig. Opin. J. A. Gen., 89, par. 1.) 
 
 The statement sometimes added in orders convening courts-martial to the effect 
 that "no officers other than those named can be detailed without injury to the serv- 
 ice" is as superfluous and unnecessary for the purpose of excusing the detailing 
 of officers junior to the accused as it is for accounting for the fact that less than 
 the maximum number have been selected for the court. (See seventy-fifth article.) 
 (Ibid., par. 2.) 
 
 At the opening of a trial by court-martial it was objected by the accused that nine 
 of the thirteen members as detailed were his inferiors in rank, and that the detail- 
 ing of such inferiors could have been "avoided" without prejudice to the service. 
 Held that the objection was properly overruled by the court. Whether such a 
 detail "can be avoided" is a question to be determined by the convening authority 
 alone, and one upon which his determination is conclusive, (a) (Ibid., par. 3.) 
 
 1 The word or omitted from the roll. 
 
 2 See the title "Field officers' court, ' in the chapter entitled MILITARY TRIBUNALS. 
 
 3 See the title ".Regimental courts-martial, 1; in the chapter entitled MILITARY 
 TRIBUNALS. 
 
 4 See the titles "Field officers' courts "and "The summary court," in the chapter 
 entitled MILITARY TRIBUNALS. 
 
 a See Mullan v. TJ. S., 140 TJ. S., 240. 
 
THE MILITARY LAWS OF THE UNITED STATES. 741 
 
 understanding, and the custom of war in like cases ; and 
 you do further swear that you will not divulge ] the sen- 
 tence of the court until it shall be published by the proper 
 authority, except to the judge-advocate; neither will you 
 disclose or discover the vote or opinion of any particular 
 member of the court-martial, unless required to give evi- 
 dence thereof, as a witness, by a court of justice, 2 in a due 
 course of law. So help you God." 3 Act of July 27, 1892 
 (27 Stat. L., 278). 
 
 ART. 85. When the oath has been administered to the J* judge ' 
 members of a court-martial, the president of the court shall 85 Art * War - 
 administer to the judge-advocate, or person officiating as 
 such, an oath in the following form: 
 
 u You, A B, do swear that you will not disclose or dis- 
 cover the vote or opinion of any particular member of the 
 court-martial, unless required to give evidence thereof, as 
 a witness, by a court of justice, in due course of law; nor 
 
 1 The only case which has been met with in which the members of a court-martial 
 have been required to disclose their votes by the process of a civil court is that of In re 
 Mackenzie, 1 Pa. Law J. E,., 356, in which the members of a naval court martial were 
 compelled, against their objections, to state their votes as given upon the findings at 
 a particular trial. 
 
 8 In the present corresponding British article the words " or a court-martial " are 
 added after the words "a court of justice." 
 
 This article makes the administering to the court of the form of oath thereby pre- 
 scribed an essential preliminary to its entering upon a trial, (a) Until the oath is 
 taken as specified, the court is not qualified "to try and determine." The arraign- 
 ment of a prisoner and reception of his plea which is the commencement of the 
 trial before the court is sworn, is without legal effect. The article requires that 
 the oath shall be taken not by the court as a whole, but by "each member. Where, 
 therefore, all the members are sworn at the same time, the judge advocate will pref- 
 erably address each member by name, thus: "You, A B, C D, E F, etc., do swear," 
 etc. A member added to the court, after the members originally detailed have been 
 duly sworn, should be separately sworn by the judge-advocate In the full form pre- 
 scribed by the article; otherwise he is not qualified to act as a member of the court. 
 A member who prefers it may be affirmed instead of sworn. (See section 1, Revised 
 Statutes.) (Dig. Opin. J. A. Gen., 96, par. 1.) 
 
 The members are sworn to try and determine the matter before them at the time 
 of the administering of the oath. In a case, therefore, where, after the court had 
 been sworn and the accused had been arraigned and had pleaded, an additional 
 charge, setting forth a new and distinct offense, was introduced into the case, and the 
 accused was tried and convicted upon the same, held that as to this charge the pro- 
 ceedings were fatally defective, the court not having been sworn to try and deter- 
 mine such charge. (6) Ibid., p. 97, par. 2. 
 
 It is a departure from the engagement expressed in the body of the oath to try 
 and determine according to evidence, and administer justice according to the Articles 
 of War, etc. for a court-martial to determine a case either upon personal knowledge 
 of Ihe facts possessed by the members and not put in evidence, or according to 
 the private views of justice of the members independently of the provisions of the 
 code, (c) (Ibid., par. 3.) 
 
 Where the vote of each member of the court upon one of several specifications 
 upon which the accused was tried was stated in the record of trial, held that such 
 statement was a clear violation of the oath of the court, though it did not affect the 
 validitv of the proceedings or sentence. A statement in the record of trial to the 
 effect .that all the members concurred in the finding or in the sentence, while it does 
 not vitiate the proceedings or sentence, is a direct violation of the oath prescribed 
 by this article. (See sixty-second article.) (Ibid., par. 4.) 
 
 The disclosing of the finding and sentence to a clerk by permitting him to remain 
 with the court at the final deliberation and enter the judgment in the record is a 
 violation of the oath and a grave irregularity, though one which does not affect the 
 validity .of the proceedings or sentence. (Ibid., 98, par. 5.) 
 
 The words "a court or justice" are deemed to mean a civil or criminal court of 
 the United States, or of a State, etc., and not to include a court-martial. A case can 
 hardly be supposed in which It would become proper or desirable for a court-martial 
 to inquire into the votes or opinions given inclosed court by the members of another 
 similar tribunal. (Ibid., par. 6.) 
 
 aSee in this connection, G, O. 15, H. A., 1880, which, in directing that judge- 
 adA 7 ocates shall be detailed for regimental and garrison, as well as general, courts- . 
 martial, rescinds G. O. 49 of 1871, prescribing a special form of oath for the former 
 courts, and thus provides for their taking the duo and regular oath recited in article 84. 
 
 fcSee G. C. M. O. 39, War Department, 1867; G. O. 13, Northern Department, 1864. 
 
 c Compare G. 0. 21, Department of the Ohio, 1866; G. C.M.O.41, Department of 
 Texas, 1874. 
 
742 THE MILITARY LAWS OF THE UNITED STATES. 
 
 divulge the sentence of the court to any but the proper 
 authority, until it shall be duly disclosed by the same. So 
 help you God." 
 
 Contempts of ART. 86. A court- martial may punish, at discretion, any 
 
 c 86 Art. War. person who uses any menacing words, signs, or gestures, in 
 
 its presence, or who disturbs its proceedings by any riot 
 
 or disorder. 1 
 
 Behavior of ART. 87. All members of a court-martial are to behave 
 
 members. 
 
 87 Art. war. with decency and calmness. 
 
 Challenges by ART. 88. Members of a court-martial may be challenged 
 
 prisoner. 
 
 88 Art. War. by a prisoner, but only for cause stated to the court. The 
 
 court shall determine the relevancy and validity thereof, 
 and shall not receive a challenge to more than one member 
 at a time. 2 
 
 1 The power of a court-martial to punish, under this article, being confined practi- 
 cally to acts done in its immediate presence, (a) such a court can have no authority 
 to punish, as for a contempt, a neglect by an officer or soldier to attend as a witness 
 in compliance with a summons. (l>) (Ibid., 98, par. 1.) 
 
 A court martial has none of tho common-law power to punish for contempt vested 
 in the ordinary courts of justice, but only such authority as is given it by this arti- 
 cle. Thus, held that a court-martial would not be authorized to punish, as for a 
 contempt, under this article (or otherwise), a civilian witness duly summoned and 
 appearing before it, but, when put on tho stand, declining (without disorder) to 
 testify. (Ibid., 99, par. 2.). See, also, 18 Opin. Atty. Gen., 278. 
 
 Where a contempt within the description of this article has been committed, and 
 the court deems it proper that the offender shall be punished, the proper course is 
 to suspend the regular business, and after giving the party an opportunity to be 
 heard, explain, etc., (c) to proceed, if the explanation is insufficient, to impose a 
 punishment, resuming thereupon the original proceedings. The action taken is 
 properly summary, a formal trial not being called for. Close confinement in quarters 
 or in the guardhouse during the trial of the pending case, or forfeiture of a reason- 
 able amount of pay, has been the more usual punishment. Instead of proceeding 
 against a military person for a contempt in the mode contemplated by this article, 
 the alternative course may be pursued of bringing him to trial before a new court 
 on a charge for a disorder under article 62. (d) (Ibid., par. 3.) 
 
 2 This article authorizes the exercise of the right of challenge before all courts 
 except field officers' courts and summary courts. These courts are not subject to 
 be challenged, because, being composed of but one member, there is no authority 
 provided which is competent to pass upon the validity of the challenge. (Dig. Opin. 
 J. A. Gen., 99, par. 1.) 
 
 It is ordinarily a sufficient ground of challenge to a member that he is the author 
 of the charges and is a material witness in the case. The mere fact that he is to be 
 a witness is not in general to be held sufficient. (Ibid., 100, par. 2.) 
 
 The mere fact that a member signed or formally preferred the charges is not suffi- 
 cient ground of objection, since he may have done so ministerially or by the order 
 of a superior. But where a member, upon investigation or otherwise, has initiated or 
 preferred the charges as accuser, or as prosecutor has caused them to be brought to 
 trial, he is properly subject to challenge. Thus, that a member had originated and 
 preferred the charge for a disobedience of his own order was held good cause of 
 challenge. So, in a case of a trial for an assault upon an officer, the fact that the 
 officer upon whom the assault was committed, and who was the prosecuting witness, 
 was a member of the court was held to constitute complete cause of challenge to 
 him as member. (Ibid., par. 3.) 
 
 That a member is the regimental or company commander of the accused does not 
 per se constitute sufficient ground of challenge. But such ground may exist where 
 the commander has preferred the charges or where the relations between him and 
 the accused have been such as to give rise to a presumption of prejudice. (Dig;. 
 Opin., J. A. Gen., 99, par. 4.) 
 
 Where a member, before the trial, had expressed an opinion, based upon a knowl 
 edge of the facts, that the accused would be convicted whichever way he migbt 
 plead, held that lie had clearly prejudged the case and that the court should have 
 sustained an objection taken to him by the accused, although upon being challenged 
 he declared that he was without prejudice, (c) (Ibid., par. 5.). In re Bird, 2, Saw- 
 yer, 33. 
 
 A member, on being challenged for prejudice, declared that he did not consider 
 
 a It was held by the Secretary of War in th e case of Lieutenant-Colonel Backenstos 
 (G. O. 14, War Department, 1850) that a court-martial had, under this article, no 
 power to punish its own members. 
 
 6 As to the power of courts of inquiry to punish for contempt, see one hundred 
 and fifteenth article and note. 
 
 c See G. C. M. O. 37, Fourth Military District, 1868. 
 
 d Compare Samuel, 634; Simmons, section 434. The latter course has not unfre- 
 quently been adopted in our practice. 
 
 eSee this opinio as adopted by tbe President in G. C. M. O. 66, Headquarters of 
 Army, 1879, 
 
THE MILITARY LAWS OF THE UNITED STATES. 743 
 
 ART. 89. When a prisoner, arraigned before a general in p t u e er stand- 
 court- martial, from obstinacy and deliberate design, stands $ 9 Ar *. War. 
 mute, or answers foreign to the purpose, the court may pro- 
 ceed to trial and judgment, as if the prisoner had pleaded 
 not guilty. 
 
 ART. 90. The judge-advocate, or some person deputed ca ^ d p ^ 8e a c ^ o r - 
 by him, or by the general or officer commanding the Army, p"f 80 ^" nsel for 
 detachment, or garrison, shall prosecute in the name of the 90 Art. War. 
 United States, but when the prisoner has made his plea, 
 he shall so far consider himself counsel for the prisoner as 
 to object to any leading question to any of the witnesses, 
 and to any question to the prisoner, the answer to which 
 might tend to criminate himself. 
 
 the accused (an officer) a gentleman, and would not associate with him, and that he 
 had stated so; but he added at the same time that he was not prejudiced for or 
 against him. Eeld, especially as one ot the charges was "conduct unbecoming an 
 officer and a gentleman," that the challenge was improperly overruled by the court. 
 (Ibid., par. 6.) 
 
 It is not good ground of challenge to a member that he is junior in rank to the 
 accused, nor is it sufficient ground that the member will gain a step or " file ' in the 
 line of promotion if the accused is dismissed. It is, however, a sufficient cause of 
 challenge to a member that if the accused (an officer) be convicted and sentenced 
 to be dismissed, the member will be forthwith entitled to promotion. (Ibid., 101, 
 par. 7.) 
 
 Held sufficient ground of challenge to a member of a court-martial that he had pre- 
 viously taken part in an investigation of the sam-i case before a court of inquiry, 
 though such court did not express a formal opinion. (Ibid., |>ar. 8.) 
 
 Hf'ld good ground of challenge to a member of a court martial in a case of alleged 
 thei't by a soldier that such member had been a member of a previous court of in- 
 quiry which had investigated the case and fixed the misappropriation of the property 
 upon the accused. (Ibid., par. 9.) 
 
 Held that the members of a court martial who had composed a previous court by 
 which the same accused had been tried for the same act, though under a diiferent 
 charge, were all subject to be set aside on challenge. (Ibid., par. 10.) 
 
 It is not necessary (though usual and proper) for a member to withdraw from the 
 courtroom on being challenged and pending the deliberation on the objection. (Ibid., 
 
 Courts should be liberal in passing upon challenges, but should not entertain an 
 objection which is not specific, or allow on upon its mere assertion by the accused, 
 without proof and in the absence of any admission on the part of the member, (a) 
 A positive declaration by the challenged member to the effect that he has no preju- 
 dice or interest in the case will, in gener. .1, in the absence of material evidence in 
 support of theobjection, justify the court in overruling it. (Ibid., 101, par. 12.) 
 
 Where, before arraignment, the accused (an officer), without having personal 
 knowledge of the existence of ground of challenge to a member, had credible hear- 
 say information of its existence, held that he should properly have raised the objec- 
 tion before the members were sworn, and that the court was notiu error in refusing 
 to allow him to take it at a subsequent stage of the trial. (Ibid., 102, par. 13.) 
 
 The fact that a sufficient cause of challenge exists against a member, but, through 
 ignorance of his rights, is not taken advantage of by the accused, or if asserted is 
 improperly overruled by the court, can afl'ect in no manner the validity in law of the 
 proceedings or sentence, though it may sometimes properly furnish occasion for a 
 disapproval of the proceedings, etc., or a remission in whole or in part of the sen- 
 tence, (b) (Ibid., par. 14.) 
 
 The article imposes no limitation upon the exercise of the right of challenge other 
 than that "more than one member shall not be challenged at a time." Thus while 
 
 a See G. C. M. 0. 66, War Department, 1875. The challenge the allowance of which 
 by the court in General Twiggs's case was disapproved in G. 0. 4, War Department, 
 1858, was simply a general objection to the member by the accused on account of 
 i: some unpleasant circumstances growing out of their official relations," no specific 
 allegation of bias being made and the member himself expressly disclaiming any 
 feeling of prejudice. 
 
 6See opinion of the Attorney-General of January 19, 1878 (15 Opius., 432), in which 
 the opinion, expressed by the Judge- Advocate -General in the most recentof the cases 
 upon which this paragraph is based that the [fact that one of the charges upon 
 which the accused was convicted was preferred by a member of the court who also 
 testified as a witness on the trial (but who, though clearly subject to objection, was 
 not challenged by the accused) could not affect the validity of the sentence of dis- 
 missal after the same had been duly confirmed is concurred in by the Attorney- 
 General. And to a similar effect see Keyes v. U. S., 15 C. Cls. R., 532. 
 
 In G. C. M. 0. 88, Department of Dakota, 1878, the point is noticed that where a 
 challenge interposed by the accused has been improperly disallowed a subsequent 
 plea of guilty is not to be treated as a waiver of the advantage to which he may be 
 entitled by reason of the improper ruling, 
 
744 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Administra- That judge-advocates of departments and of courts- 
 
 tion of oaths. J 
 
 Sec. 4, July 27 martial, and the trial officers of summary courts, are 
 hereby authorized to administer oaths for the purposes of 
 the administration of military justice, and for other pur- 
 poses of military administration. Sec. 4, act of July 27, 
 1892 (27 Stat L., 278}. 
 
 Depositions. ART. 91. The depositions of witnesses residing beyond the 
 75, s. 27,V. 12,' p! limits of the State, Territory, or district in which any mili- 
 
 9i Art. war. tary court may be ordered to sit, if taken on reasonable 
 notice to the opposite party and duly authenticated, may be 
 read in evidence before such court in cases not capital. 1 
 
 the panel, or the court as a whole, is not subject to challenge, yet all the members 
 may be challenged provided they are challenged separately. The article contains 
 no authority for challenging the judge advocate. (See Judge- Advocate). (Ibid.,par.l5.) 
 
 The court of itself can not excuse a member in the absence of a challenge. A 
 member not challenged but considering himself disqualified, can be relieved only 
 by application to the convening authority. (Ibid., 103, par. 16.) 
 
 An accused challenged the entire court on the ground that the convening officer 
 was "accuser." Held properly overruled ; the array can not be challenged at mili- 
 tary law. The article declares that "the court * * * shall not receive a chal- 
 lenge to more than one member at a time." (Ibid., par. 17.) 
 
 A court-martial can not relieve or "excuse" a member except upon a challenge 
 duly interposed and sustained under Ihis article. The fact that a member has been 
 absent from the court for several days and has not heard the testimony meanwhile 
 taken constitutes no legal ground for excusing him by the court. (Ibid., par. 18.) 
 
 An accused objected to a member on the ground that some time before he had had 
 a disagreement with the member and thought that he "might be prejudiced." The 
 member decJared that ho was conscious of no prejudice whatever, but that, on the 
 contrary, his feelings toward the accused were friendly. Held that the court erred 
 in sustaining the challenge. (Ibid., par. 19.) 
 
 The accused were Indian scouts, charged with mutiny. Some of the members of 
 the c^urt, though disclaiming any prejudice against the accused personally, were 
 aware that they were present at the outbreak, and were fully apprised, from their 
 own personal presence or knowledge of the circumstances, that the mutiny, which 
 had involved homicide, constituted a most aggravated offense of the class. Held 
 that, as these members could scarcely avoid applying their impressions to the 
 accused when shown to be connected with the disorder, they would fairly have been 
 subject to objection as triers. (Ibid., par. 20.) 
 
 A mere general opinion in regard to tne impropriety of acts such as those charged 
 against the accused, unaccompanied by any opinion as to his guilt or innocence on the 
 charges, is not a sufficient ground of objection under this article. (Ibid., par. 21.) 
 
 Whether the trial of an officer by officers of an inferior rank can be avoided or not, 
 is a question not for the accused or the court, but for the officer convening the court; 
 and his decision (as indicated by the detail itself as made in the convening order) 
 upon this point, as upon that of the number of members to be detailed, is conclusive. 
 An officer, therefore, can not successfully challenge a member because, merely, of 
 being of a rank inferior to his own. (Ibid., 89, par. i.) 
 
 1 A deposition can not be read in evidence in a capital case, (a) as in a case of a 
 violation of article 21, or a case of a spy, or one of desertion in time of war ; other- 
 wise in a case of desertion in time of peace. Nor is the deposition admissible of a 
 witness who resides in the State, etc., within which the court is held, except by 
 consent, (b) (Dig. Opin. J. A. Gen., 104, par. 1.) 
 
 Where the evidence of high officers or public officials as a department commander, 
 or chief of a bureau of the War Department is required before a court-martial, the 
 same, especially if the court is assembled at a distant point, should be taken by 
 deposition, if authorized under this article Such officers should not be required to 
 leave their public duties to attend as witnesses, except where their depositions will 
 not be admissible, and where the case is one of special importance and their testi- 
 mony is essential. The Secretary of War should not be required to attend as a 
 witness, or to give his deposition in a military case, where the chief of a staff corps 
 or other officer, in whose bureau the evidence sought is matter of record, or who is 
 personally acquainted with the facts desired to be proved, can attend or depose in 
 his^stead. (Ibid., par. 2.) 
 
 The party at whose instance a deposition has been taken can not be admitted, 
 against the objection of the other party, to introduce only such parts of the deposi- 
 tion as are favorable to him or as he may elect to use; he must offer the deposition 
 in evidence as a whole or not offer it at all. (Ibid., par. 3.) 
 
 If the party at whose instance a deposition has been taken decides not to put it 
 in, it may bo read in evidence by the other party. One party can not withhold a 
 deposition (duly taken and admissible under this article) against the consent of the 
 other. (Ibid., 105. par. 4.) 
 
 Held that the deposition of a witness residing in a foreign country, and taken 
 
 a As to the meaning of " capital," see sixty-second article, note 1, and eighty-third 
 article, note 2, supra. 
 
 b Note the remarks of the reviewing authority in G. C. M. 0. 102 Department of 
 the East, 1871 ; G. C. M. 0. 1, Division of South, 1875. 
 
THE MILITARY LAWS OF THE UNITED STATES. 745 
 
 ART. 92. All persons who give evidence before a court- ne ^ 8 ath of wit ' 
 martial shall be examined orr oath, or affirmation, in the 92 Ar *- war. 
 following form : "You swear (or affirm) that the evidence 
 
 before a qualified person, as an American consul, would be admissible in evidence 
 under tins article equally with the deposition of a resident of the United States. 
 (Ibid., par. 5.) 
 
 Where the judge-advocate offered in evidence, on the part of the prosecution, a 
 deposition which proved to have been given by a person other than the one to whom 
 the interrogatories were addressed, and the accused objected to its introduction, but 
 the objection was overruled by the court, held error; the fact that the intended de- 
 ponent was but the agent, in the transaction inquired about, of the person who actu- 
 ally furnished the deposition not being sufficient to make such deposition admissible 
 except by consent of parties, (a) (Ibia., par. 6.) 
 
 This article, in any case within its terms and in which its conditions are complied 
 with, entitles either party to have depositions taken and "read in evidence." The 
 court alone has no power to decide that a deposition, where legal and material, shall 
 not be taken. (Ibid., par. 7.) 
 
 A deposition, introduced by either party, which is not 'duly authenticated," 
 should not be admitted in evidence by the court, although the other party may not 
 object. A deposition held irregular and inadmissible where it failed to show that 
 the officer by whom it was taken was authorized to take it, or that he was qualified 
 to administer the oatli to the witness. (Ibid., par. 9.) 
 
 The article, in specifying that the deposition, to be admissible in evidence, shall 
 be " duly authenticated," makes it essential that the same shall be sworn to before, 
 i. e., taken under an oath administered by, an official competent to administer oaths 
 for such purpose. A deposition should now be sworn to before one of the military 
 officers specified in the act of July 27, 1892, section 4, or if such an officer be not ac- 
 cessible, by a civil official competent to administer oaths in general. An official 
 empowered to administer oaths only for a certain special purpose or purposes can 
 not legally qualify a witness whoso deposition is sought to be taken under this arti- 
 cle. (Ibid., par. 9.) 
 
 The so-called depositions (''affidavits or depositions") referred to in paragraph 
 771, Army Regulations, are entirely distinct from the depositions provided fur in 
 article 91, being merely sworn ex-partp statements used for the purpose of settling 
 questions of "property accountability," The regulation has no application what- 
 ever to depositions proper of the class authorized by this article. (See General 
 Order 20 of 1894, amending this regulation.) (Ibid., 106, par. 10.) 
 
 A court-martial has no power to qualify or authorize a commanding officer, or any 
 other officer or person, to take a deposition or administer an oath. (Ibid., par. 11.) 
 
 A deposition is not in general satisfactory evidence for purposes of personal iden- 
 tification by description, and should not be resorted to for the identification of an 
 accused where reliable oral testimony can be obtained. (Ibid., par. 12.) 
 
 The depositions of civilian witnesses, while their taking generally involves less 
 expense than would the personal attendance of the parties, are usually quite suffi- 
 cient as testimony, except when the purpose of the evidence is to personally identify 
 the accused before the court. (Ibid., par. 13.) 
 
 The judge-advocate, in forwarding the interrogatories for a deposition, should 
 transmit with them a subpoena (in duplicate) requiring the witness to appear at a 
 stated place and date before a certain person who is to take the deposition. Par- 
 ticulars not ascertained may be left blank to be supplied by the officer or person by 
 whom the subprena is served. When the deposition has been duly taken and re- 
 turned, the judge advocate should transmit to the witness (or to so o officer, etc., 
 for him) the usual certificate of attendance (accompanied by a copy of the conven- 
 ing order), the, duration of the attendance to be ascertained from the deposition. 
 (Ibid. ,463. par 36.) 
 
 The officer detailed to have a deposition taken, i. e., to see to its being taken, 
 should, before serving the subpoena, complete it, if necessary, by inserting the name 
 and official designation of the notary (or other official having authority to adminis- 
 ter the oath) before whom it is to be taken, and the date on which and the place 
 where it is proposed to take it. And when the deposition has been duly taken, he 
 should certify it as so taken, and transmit it in a sealed package to the president of 
 the court. (Ibid., par. 15.) 
 
 Civilian witnesses who duly give their depositions under this article are entitled 
 to the same fees and allowances as are witnesses who duly attend the court in person. 
 (See Circular No, 9 (II. A.). 1883.) The voucher, to enable such a witness to obtain 
 his dues, should simply set forth the facts as to his service, substituting, for the 
 usual statement in regard to attendance before the court, a statement that ho duly 
 attended as a witness at a certain time and place, and duly gave his deposition before 
 a certain official named. (Ibid., par. 16.) 
 
 Held that duly attending by a civilian witness before a duly authorized official to 
 give a deposition, to be used in evidence on a military trial, was to be regarded as 
 practically equivalent to attending a court-martial, and that the deponent was enti- 
 tled to be paid the usual allowances (i. e., the same as those of witnesses appearing 
 before the court) out of the regular appropriation for the "compensation of witnesses 
 attending before courts-martial." (Ibid., 759. par. 36.) 
 
 Held that a sum of $3, disbursed by an officer ordered to procure a deposition to 
 be taken, as a payment to a justice of the peace before whom the deposition was 
 given, would legally be reimbursed, on the presentation of a proper voucher, by the 
 Quartermaster Department, out of the appropriation for the expenses of witnesses 
 before courts-martial. (Ibid., 107, par. 17.) 
 
 A deposition duly taken, under the article, on the part of the prosecution, is not 
 subject to objection by the accused and can not be rejected by the court merely 
 
 a See G. C. M. 0. 9, Headquarters of Army, 1879. 
 
746 THE MILITARY LAWS OF THE UNITED STATES. 
 
 you shall give, in the case now in hearing, shall be the 
 truth, the whole truth, and nothing but the truth. So 
 help you God/ l 
 
 Continuances. ART. 93. A court-martial shall, for reasonable cause, 
 grant a continuance to either party, for such time, and as 
 often, as may appear to be just : Provided, That if the pris- 
 oner be in close confinement, the trial shall not be delayed 
 for a period longer than sixty days. 2 
 
 upon the ground that it is declared in the sixth amendment to the Constitution that 
 "m all criminal prosecutions the accused shall enjoy the right * * * to be con- 
 fronted with the witnesses against him." This constitutional provision has no ap- 
 plication to courts-martial; the "criminal prosecutions" referred to are prosecutions 
 in the United States civil courts. (Ibid., par. 18.) 
 
 The provisions of sections 866-870, Revised Statutes, relate to depositions in the 
 UnitedStates courts and have no application to courts-martial, which are no part of 
 the United States judiciary. Held, therefore, that there was no authority whatever 
 for prescribing, as was done in General Order 2, Department of Texas, 1888, that the 
 laws of Texas in regard to the taking of depositions should govern depositions in 
 military courts held within that State. (Ibid., par. 19.) 
 
 In military law an accused party can not be deemed to be entitled to have a witness 
 summoned from a distance whose military or administrative duties are of such a 
 character that they can not be left without serious prejudice to the public interests. 
 Article VI of the amendments to the Constitution, declaring that the accused shall 
 be entitled "to bo confronted with the witnesses against him," applies only to cases 
 before the United States coiirts. Thus where the offense charged is not capital, and 
 a deposition may therefore legally be taken under the ninety first article of war, the 
 Secretary of War will not in general authorize the personal attendance at the place 
 of trial of a witness whose office or duty makes it necessary or most important that 
 he should remain elsewhere. (Ibid., 752, par. 10.) 
 
 An accused party at a military trial can rarely be entitled to demand the attend- 
 ance, as a witness, of a chief of a staff corps, much less that of the President or 
 Secretary of War, especially as some minor official can almost invariably furnish the 
 desired facts. If, however, the testimony of one of these officials be found to be 
 necessary or most desirable, and the same can not legally be taken by deposition, the 
 court, if convened at a distance, may properly be adjourned to Washington or other 
 convenient point, in order that the witness may be enabled to attend without detri- 
 ment to the public interests. (Ibid., par. 11.) 
 
 1 This article prescribes a single specific form of oath to be taken by all witnesses. 
 The Constitution, however (article 1 of amendments), has provided that Congress 
 shall make no law prohibiting the free exorcise of religion. Where, therefore, the 
 
 r scribed form is not in accordance with the religious tenets of a witness, he should 
 permitted to be sworn according to the ceremonies of his own faith or as he may 
 deem binding on his conscience, (a) (Dig. Opin. J. A. Gea., 107, par. 1.) 
 
 The article does not prescribe by whom the oath shall be administered. By the 
 custom of the service it is administered by the judge-advocate. (And see novv the 
 provision of the act of July 27, 1892, section 4.) When the judge advocate himself 
 takes the witness stand, he is properly sworn by the president of the court. (Ibid., 
 108, par. 2.) 
 
 A witness who has once been sworn and has testified is not required to be resworn 
 on being subsequently recalled to the stand by either party. The reswearing, how- 
 ever, of such a witness will not affect the legal validity of the proceedings or sen- 
 tence (Ibid., par. 3.) 
 
 2 In making an application for a continuance or postponement under this article, 
 on account ot the absence of a witness, the form of affidavit prescribed in paragraph 
 887 of the Army Regulations should in general be substantially observed. But 
 while the court may refuse the application if this regulation be notfollowed, it may, 
 in its discretion, refrain from insisting that the same be strictly complied with, and 
 accept a modified form. (b) , It should, however, in all cases require that the desired 
 evidence appear or be shown to be material, and not merely cumulative, (c) ar.d that 
 to awaitits production will not delay the trial for an unreasonable period. It should 
 also, in general, before granting the continuance, be assured that the absence of the 
 witness is not owing to any neglect on the part of the applicant. This feature, 
 however, will not be so much insisted upon in military as in civil cases. (d) (Ibid., 
 par. 1.) 
 
 Where "reasonable cause" is, in the judgment of the court, exhibited, the party 
 is entitled to some continuance under the article, (e) A refusal, indeed, by the court 
 
 a See 1 Greenl. Ev., sec. 371 : O'Brien, 260. 
 
 bit is not the practice of courts-martial to admit counter affidavits from the op- 
 posite party as to what the absent witness would testify. And as to the civil 
 practice, see Williams v. State, 6 Nebraska, 334. 
 
 c Compare People v. Thompson, 4 Cal., 238; Parker v. State, 55 Miss., 414. 
 
 d A military accused can not be charged with laches in not procuring the attend- 
 ance at his trial of a witness who is prevented from being present by superior mili- 
 tary authority. Thus in a case in G. O. 63, Department of Dakota, 1872, an accused 
 soldier was held entitled to a continuance till the return of material witnesses then 
 absent on an Indian expedition. 
 
 It would properly be so held upon common-law principles, even independently 
 of the positive terms of the article. In Rex v. D'Eon, 1 W. Black., 514, it was de- 
 clared by Lord Mansfield that "No crime is so great, no proceeding so instantane- 
 ous, but that, upon sufficient grounds, the trial may be put off." 
 
THE MILITARY LAWS OF THE UNITED STATES. 747 
 
 ART. 94. Proceedings of trials shall be carried on only ti ^ ours of 8it ' 
 between the hours of eight in the morning and three in the * A >*t- war. 
 afternoon, excepting in cases which, in the opinion of the 
 officer appointing the court, require immediate example. 1 
 
 That whenever a court-martial shall sit in closed session Judge. advo- 
 
 cate to withdraw 
 
 the judge- advocate shall withdraw, and when his legal from closed sea- 
 advice or his assistance in referring to recorded evidence sec. 2, July 27, 
 is required it shall be obtained in open court. Sec. 2, act of 
 July 27, 1892 (27 Stat. L., 278). 
 
 to grant such continuance will not invalidate the proceedings, but, if the accused 
 has thus been prejudiced in his defense, may properly constitute good ground for 
 disapproving the sentence, (a) or for mitigating or partially remitting the punish- 
 ment. (Ibid., 109, par. 2.) 
 
 Where an accused soldier, by reason of his regiment having been moved a long 
 distance since his arrest, was separated at his trial from certain witnesses material 
 to his defense, held that he was entitled to a reasonable continuance for the pur- 
 pose of procuring their attendance or their depositions. (Ibid., par. 3.) 
 
 That the charges and specifications upon which an accused is arraigned differ in a 
 material particular from those contained in the copy served upon him before arraign- 
 ment may well constitute a sufficient ground for granting him additional time for 
 
 bid., 
 
 the preparation of his defense. (See Charge.) (Ibid., par. 4.) 
 
 Where after arraignment a material and substantial amendment is allowed by the 
 court toe be made by the judge-advocate in a specification, the effect of which amend- 
 ment is to necessitate or make desirable a further preparation for his defense on the 
 part of the accused, a reasonable postponement for this purpose will in general prop- 
 erly be granted by the court. (Ibid., par. 5.) 
 
 It is in general good ground fora reasonable continuance that the accused needs 
 time to procure the assistance of counsel, (b) if it is made to appear that such counsel 
 can probably be obtained within the time asked, and that the accused is not charge- 
 able with remissness in not having already provided himself with counsel. (Ibid., 
 110, par. 6.) 
 
 This article is imperative upon the point that 10 proceedings of trials shall be 
 carried on before 8 o'clock a. m. or after3 o'clock p. m., except in the class of cases spe- 
 cifically indicated. Where, therefore, the record shows affirmatively that any par- 
 ticular material proceeding of the trial was had by the court before 8 or after 3 
 o'clock, and sets forth no authority for the same from the convening officer (such as 
 the usual direction or permission in the convening order that the court "will" or 
 " may sit without regard to hours"), such proceeding must be held unauthorized 
 and of no legal effect, (c) And if the proceeding, thus futile, was one necessary to 
 the completeness of the trial, or otherwise important, it should be repeated, or taken 
 denovo, within legal houra. (Ibid., 110, par. 1.) 
 
 The article, however, does not require that the record shall show in terms that the 
 hours indicated were observed. It is proper, indeed, and the best practice, to state 
 the hour of each meeting and adjournment; but where no such entry appears in the 
 proceedings, the same will not be invalidated, but, in the absence of evidence to the 
 contrary, it will be presumed, in favor of the record, (d) that the court did not sit 
 except between the prescribed hours. (Ibid , 111, par. 2.) 
 
 The entertaining by the court, after 3 o'clock p. m., of a motion to adjourn would 
 not be unauthorized, such a motion not being properly a proceeding of a trial in the 
 sense of the article. (Ibid., par. 3.) 
 
 Where the record of a court-martial, which set forth no authority for sitting 
 beyond the hours prescribed in this article, contained the statement that "the court, 
 having no further business, adjourned at 11.15 p.m. sine die," held that the pro- 
 ceedings were legally inoperative. (Ibid., par. 4.) 
 
 Where neither in the order convening a court-martial nor in any supplementary 
 order is authority given for its sitting beyond or outside of the hours prescribed by 
 this article, and its record affirmatively shows that the trial or a portion of the trial 
 of a case was not conducted within such hours, the proceedings are unauthorized 
 and inoperative, and the sentence, if any, is nullified, unless by a reconvening of the 
 court the defect may be remedied. Thus, where it appeared irom the record that a 
 court-martial, on a certain day, without any authority given it, sat and completed a 
 trial after 3 o'clock p. m., advised that the error might be corrected by continuing the 
 trial anew, within legal hours, from the point reached at 3 o'clock on that day; and 
 recommended that the court be reconvened for this purpose. (Ibid., par. 5.) 
 
 1 Note the different reasons for this enactment assigned by Attorney -General Speed 
 (11 Opins.,141) and Copp6e (p. 50), and see, on this point, Hough (Practic 
 
 (Practice), 377. 
 
 aSee G. C. M. 0. 35, War Department, 1867 ; G. C. M. 0. 128, Headquarters of Army, 
 1876; G. O. 24, Department of Arizona, 1874. 
 
 6 See G. C. M. O. 25, War Department, 1875. 
 
 cln some cases where the trials have, without express authority, been commenced 
 before 8 a. m. or continued after 3 p. m., the entire proceedings and sentences have 
 been disapproved as fatally defective. See G. O. 2, Department of the South, 1873; 
 G. O.94, Department of the Gulf, 1864: S. O. 281, Department of Washington, 1861. 
 Strictly, however, it is only the proceeding had during the inhibited interval that 
 is unauthorized and inoperative, and the irregularity involved may in general be 
 remedied as indicated in the text. 
 
 d As to the presumption in favor of the regularity of judicial proceedings, see 1 
 Greenl, Ev,, see, 19, 
 
748 THE MILITARY LAWS OF THE UNITED STATES. 
 
 order of vot- ART. 95. Members of a court-martial, in giving their 
 m & Art. war. votes, shall begin with the youngest in commission, 
 sentence of ART. 96. No person shall be sentenced to suffer death 
 G 96 Art. war. except by the concurrence of two-thirds of the members of 
 a general court-martial, and in the cases herein expressly 
 mentioned. 1 
 
 Penitentiaries. ART. 97. No person in the military service shall, under 
 i9o. u s. i, 4, v. 12, the sentence of a court-martial, be punished by confine- 
 p '9? 9 Art. war. ment in a penitentiary, unless the offense of which he may 
 be convicted would, by some statute of the United States, 
 or by some statute of the State, Territory, or District in 
 which such offense may be committed, or by the common 
 law, as the same exists in such State, Territory, or Dis- 
 trict, subject such convict to such punishment. 2 
 
 1 Though it has sometimes been viewed otherwise, it is deemed quite clear upon 
 the terms of the present article that it is not necessary to the legality of a death 
 sentence that two-thirds of the court should have concurred in the finding as well 
 as the sentence, (a) Further, in the absence of any requirement to that effect in the 
 article.it is not deemed essential to the validity of the sentence that the record 
 should state the fact that two-thirds of the court concurred therein. The practice, 
 however, has been to add such a statement. (Dig. Opin. J. A. Gen., 112, par 1 ) 
 
 A sentence of death imposed by a court martial, upon a conviction of several dis- 
 tinct offenses, will be authorized and legal if any one of such offenses is made capi- 
 tally punishable by the Articles of War, although the other offenses may not be so 
 punishable. (Ibid , par. 2.) 
 
 A court-martial, in imposing a death sentence, should not designate a time or place 
 for its execution, such a designation not being within its province, but pertaining 
 to that of the reviewing authority. If it does so designate, this part of the sentence 
 may be disregarded, and a different time or place fixed by the commanding general. 
 (Ibid ., par. 3.) 
 
 Where a death sentence imposed by a court martial has been directed by the 
 proper authority to be executed on a particular day, and this day, owing to some 
 exigency of the service, has gone by without the sentence being executed, it is com- 
 petent for the same authority, or his proper superior, to name another day for the 
 purpose, the time of its execution being an immaterial element of this punish- 
 ment. (6) (Ibid., par. 4.) 
 
 2 This article by necessary implication prohibits the imposition of confinement in 
 a penitentiary as a punishment for offenses of a purely or exclusively military char- 
 acter such as desertion, for example, (c) (Dig. Opin. J. A. Gen., 113, par. 1.) 
 
 A sentence of penitentiary confinement in a case of a purely military offense is 
 wholly unauthorized and should be disapproved. Effect can not be given to such a 
 sentence by commuting it to confinement in a military prison or to some other pun- 
 ishment which would be legal for such offense. Nor in a case of such an offense can 
 a severer penalty, as death, be commuted to confinement in a penitentiary. (Ibid., 
 par. 2.) 
 
 Nor can penitentiary confinement be legalized as a punishment for purely military 
 offenses by designating a penitentiary as a " military prison ' ' and ordering the con- 
 finement there of soldiers sentenced to imprisonment on conviction of such offenses. 
 (Ibid., par. 3.) 
 
 An offense charged as "conduct to the prejudice of good order and military dis- 
 cipline," which, however, is in fact a larceny, (d) embezzlement, violent crime, or 
 
 a Compare McNaghten. 120. 
 
 b It was held by the Supreme Court in Coleman v. Tennessee (7 Otto, 519, 520) that 
 a soldier who had been convicted of murder and sentenced to death by a general 
 court-martial in May, 1865, but the execution of whoso sentence had been meanwhile 
 deferred, by reason of his escape and the pendency of civil proceedings in his case, 
 might at the date of the ruling (October term. 1878* "be delivered up to the military 
 authorities of the United States, to be dealt with as required by law " 
 
 More recently (May, 1879, 16 Opins., 349) it has been held in this case by the 
 Attorney-General that the death sentence might legally be executed notwithstand- 
 ing the fact that the soldier had meanwhile been discharged from the service, such 
 discharge, while formally separating the party from the Army, being viewed as not 
 affecting his legal status as a military convict. But, in view of all the circum- 
 stances of the case, it was recommended that the sentence be commuted to imprison- 
 ment for life or a term of years. 
 
 c See G. 0. 4, War Department, 18<i7 ; also the action taken in cases in the follow- 
 ing general orders : G. 0. 21 , Department of the Platte, 1866 ; G. 0. 21, ibid., 1871 ; G. O. 
 44. Eighth Army Corps, 1862, G C. M. 0. 34, 35, 43, 46, 72, 73, Department of the Mis- 
 souri, 1870. 
 
 din a case of larceny the court should inform itself as to whether the value of the 
 property stolen be not too small to permit of penitentiary confinement for the offense 
 under the local law. See G. 0. 44, Eighth Army Corps,' 1862 ; G. C. M. 0. 63, Depart- 
 ment of the Platte, 1872. 
 
THE MILITARY LAWS OF THE UNITED STATES. 749 
 
 ART. 98. No person in the military service shall be pun- J^^fggj 
 ished by flogging, or by branding, marking, or tattooing &> a- s, v. 12. V 
 
 317; tJunoG, 1872, 
 
 on the body. c. sie, s. 2, v. 17, p. 201. os Art. War. 
 
 ART. 99. No officer shall be discharged or dismissed 
 from the service, except by order of the President, or by ce War 
 sentence of a general court-martial; and in time of peace July is, isee, c 
 
 176, s. 5, v. 14, p 
 - 92. 
 
 other offense made punishable with penitentiary confinement by the law of the 
 State, etc., may legally be visited with this punishment. (Ibid., 114, par 4.) 
 
 The term " penitentiary " as employed in this article has reference to civil prisons 
 only, as the penitentiary of the United States Or District of Columbia at "Washington, 
 the public prisons or penitentiaries of the different States, and the ' ' penitentiaries 
 erected by the United States " (see section 1892, Revised Statutes) in most of the 
 Territories. Tho military prison at Leavenworth is not a penitentiary in the sense 
 of the article. The term " State (or State's) prison " in a sentence is 'equivalent to 
 penitentiary. (Ibid., par. 5.) 
 
 A military prisoner duly sentenced or committed to a penitentiary becomes sub- 
 ject to the government and rules of the institution. (Ibid., par. 6.) 
 
 Where a soldier is sentenced to be confined in a penitentiary, the proper reviewing 
 authority may legally designate for the execution of the punishment any State or 
 Territorial penitentiary within his command. Where there is no such penitentiary 
 available for the purpose, or desirable to be resorted to, he will properly submit the 
 case to the Secretary of War for the designation of a proper penitentiary. (Ibid., 
 par. 7 ) 
 
 A court-martial, in imposing by its sentence the punishment of confinement in a 
 penitentiary, is not required to follow the statute of the United States or of the 
 State, etc., as to the term of the confinement. It may adjudge, at its discretion, a 
 less or a greater term than that affixed by such statute to the particular offense. At 
 the same time the court will often do well to consult the statute, as indicating a rea- 
 sonable measure of punishment for the offense. (Ibid., par. 8.) 
 
 Where a court-martial specifically sentences an accused to confinement in a ' ' mili- 
 tary prison, ' he can not legally be committed to a penitentiary, although such form 
 of imprisonment would be authorized by the character of his offense. But where a 
 sentence of confinement is expressed in general terms, as where it directs that the 
 accused shall be confined ' in such place or prison as the proper authority may order, ' 
 or in terms to such effect, held that the same may, under this article, legally be exe- 
 cuted by the commitment of the party to a penitentiary, to be designated by the 
 reviewing officer or Secretary of War, provided, of course, the offense is of such a 
 nature as to warrant this form of punishment. (Ibid., par. 9.) 
 
 Held that penitentiary confinement could not legally be adjudged upon a conviction 
 of a violation of the twenty-first article, alleged in the specification to have consisted 
 in the lifting up of a weapon (a pistol) against a commanding officer and discharging 
 it at him with intent to kill. By charging the offense under this article the Govern- 
 ment elected to treat it as a purely military offense, subject only to a military punish- 
 ment. So, upon a conviction of joining in a mutiny, in violation of article 22, held 
 that a sentence of confinement in a penitentiary would not be legal although the 
 mutiny involved a homicide, set forth in the specification as an incidental aggravat- 
 ing circumstance. To have warranted such a punishment in either of these cases 
 the Government should have treated the act as a " crime," and charged and brought 
 it to trial, as such, under article 62. (Ibid., 115, par. 10.) 
 
 Where the act is charged as a crime under article 62, and charge and specification 
 taken together show an offense punishable with confinement in a penitentiary by the 
 law of the locus of the crime, the sentence may legally adjudge such a punishnient. 
 So held, in a case where charge and specification together made out an allegation of 
 perjury under section 5392, Revised Statutes. (Ibid., par. 11.) 
 
 "Obtaining money under false pretenses" is punishable by confinement in a peni- 
 tentiary by the laws of Arizona. A sentence of court-martial imposing this pun- 
 ishment, on conviction of an offense of this description committed in this Territory, 
 charged as a crime under article 62, held authorized by article 97. (Ibid., par. 12.) 
 
 A conviction of a larceny of property of such slight value as not to authorize this 
 punishment under the local law would not warrant a sentence of confinement in a 
 penitentiary. In a case of larceny the court should inform itself as to whether the 
 value of the property stolen be not too small to ^permit of penitentiary confinement 
 for the offense under the law of the State, etc. (a) (Ibid,, par. 13.) 
 
 A punishment of confinement in a penitentiary, where legal, may be mitigated to 
 confinement in a military prison or at a military post. (Ibid., 116, par. 15.) 
 
 A discharged soldier, serving a sentence of confinement in a State or Territorial 
 penitentiary, still remains under military control, at least so far as that his sentence 
 may, by competent military authority, or by the President, bo remitted, or may be 
 mitigated as, for example, to confinement in a military prison or at a military post. 
 Where the place of confinement is a State or Territorial penitentiary which is within 
 a department command, the commander may legally remit or mitigate the sentence. 
 But the President may limit this authority by excluding such penitentiaries from 
 the department command. (But now the function of remitting the sentences of dis- 
 charged soldiers confined in penitentiaries is, by orders, restricted to the President. 
 Paragraph 916, Army Regulations of 1895, Circular No. 5 (H. A.), 1888.) (Ibid., 
 par. 16.) 
 
 a See G. 0. 44, Eighth Army Corps, 1862; G. C. M. 0. 63, Department of the Platte, 
 
 1872. 
 
750 THE MILITARY LAWS OF THE UNITED STATES. 
 
 no officer shall be dismissed, except in pursuance of the 
 sentence of a court-martial, or in mitigation thereof. 1 
 
 1 Dismissal by Executive order is quite distinct from dismissal by sentence. The 
 latter is a punishment; the former is removal from office, (a) The power to dismiss, 
 which, as being an incident to thepower to appoint public officers, had been regarded 
 since 1789 as vested in the President by the Constitution, (b) was, for the first time 
 in 1866 (by the act of July 13 of that year, reenacted in the second clause of the pres- 
 ent ninety-ninth article of war and in section 1229, Revised Statutes), expressly 
 divested by Congress in so far as respects its exercise in time of peace, (c) By the 
 statute law it is now authorized only in time of war. During the late war it was 
 exercised in a great number of cases, sometimes for the purpose of summarily rid- 
 ding the service of unworthy officers, sometimes in the form of a discharge or muster- 
 out of officers, whose services were no longer required. The distinction between 
 this species of dismissal and dismissal by sentence is illustrated by the fact that the 
 former has, with the sanction of legal authority, been repeatedly ordered in cases 
 where a court-martial has previously acquitted the officer of the very offenses on 
 account of which the summary action has been resorted to. (d) (Dig. J. A. Gen., p. 
 369, par. 1.) 
 
 The Executive, in summarily dismissing an officer, can not at the same time deprive 
 him of pay due. Nor can the right of an officer to his pay, for any period prior to a 
 summary 'dismissal ordered in his case, be divested by dating back of the order of 
 dismissal. Such an order can not be made to relate back so as to alfect the status or 
 rights of the officer as they existed before the date of the taking effect of the dis- 
 missal. (Ibid., par. 2.) 
 
 A summary dismissal "by order of the Secretary of War" is in law the act of the 
 President, (e) (Ibid., 370, par. 3.) 
 
 A department or army commander can have, of course, no authority to summarily 
 dismiss or discharge an officer from the military service. But where, in a case of a 
 regular officer, this authority was in fact exercised, and the President, treating his 
 office as vacant, proceeded to fill the vacancy by a new appointment, held that he had 
 made the dismissal his own act and legalized the same. (/) So where (in 1863) an 
 officer of volunteers was dismissed by the order of an army commander, which was 
 never ratified in terms by the President, but a successor, appointed to the vacancy by 
 the governor of the State, was accepted and mustered in by the United States, held (in 
 1880) that the dismissal was to be regarded as having been substantially ratified and 
 legalized. So an unauthorized dismissal, by order of a regular officer, may be iu 
 effect made operative by a subsequent appointment and confirmation of a successor, 
 as in Blake's Case, post, sec. 12. (Ibid., par. 4.) 
 
 A summary dismissal of an officer does not properly take effect until the order of 
 dismissal or an official copy of the same is delivered to him, or he is otherwise offi- 
 cially notified of the fact of the dismissal. (Ibid., par. 5.) 
 
 Held that it could not affect the operation of an order summarily dismissing an 
 officer as "second lieutenant" that, before its being communicated to him by being 
 promulgated to the regiment, he had become by promotion a first lieutenant. (Ibid., 
 par. 6.) 
 
 A dismissal of an officei by Executive order does not operate to disqualify him for 
 reappointment to military office, or for appointment to civil office under the United 
 States. (Ibid, par. 7.) 
 
 There can be no revocation of a duly executed order of dismissal, however un- 
 merited or injudicious the original act may be deemed to have been. For, distinct as 
 dismissal by order is, in its nature, from dismissal by sentence (see section 1, ante), 
 the effect of the proceeding in divesting the office is the same in each case. An officer 
 dismissed by an order, though his dismissal may have involved no disgrace, is as- 
 similated to an officer dismissed by sentence in so far that he is completely relegated 
 to a civil status, having in law no nearer or otuer relation to the military service 
 than has any civilian who has never been in the Army. Thus an order assuming 
 to revoke a legal order of dismissal is as unauthorized as it is ineffectual. The 
 original dismissal is an act done which can not be undone, and the order, which is 
 the evidence of it, is therefore incapable of revocation or recall, (g) Nor can that 
 be effected indirectly which can not legally be done directly. An officer dismissed 
 by Executive order can not be relieved by being allowed to resign or be retired, or 
 by being granted an honorable discharge. For, in order to be discharged, etc., from 
 the Army, he must first be in the Army, and there is but one mode by which an 
 officer once legally separated from the Army can be put into it, viz, by a new ap- 
 pointment according to the Constitution. (A) (Ibid., 371, par. 8.) 
 
 That a summary dismissal is not revocable by an Executive order is established 
 law. Where an officer duly summarily dismissed in July, 1863, and subsequently 
 
 a See 7 Opins. Att. Gen., 251. 
 
 6 See, as among the principal authorities on this subject, Commonwealth v. Bussier, 
 5 Senrt. & Rawle, 461 ; Ex parte Hennen, 13 Peters, 258, 259 ; United States v. Guthrie, 
 17 Howard, 307 ; 4 Opins. Att. Gen., 1, 609-613; 6 id. ,5-6; 7 id., 251; 8 id., 230-232; 12 
 id., 424-426; Sergeant, Const. Law, 373; 2 Story's Corns., sec. 1537, note; 1 Kent's 
 Corns., 310; 2 Marshall's Washington. 162. 
 
 c See 16 Opins. Att. Gen. , 315. 
 
 dSee 12 Opins. Att. Gen., 427. 
 
 eSee 12 Opins. Att. Gen., 421 ; McElrath v. United States, 12 C. Cls. R., 202. 
 
 /See opinion of Att. Gen. (16 Opins., 298), noted under article 106. 
 
 0See4Opins. Att. Gen. ,124; 12 id., 424-428; 14 id., 520; 15 id., 658. A contrary view 
 expressed by the Court of Claims, in its earlier period, in a series of cases (see Smith 
 v. United States, 2 C. Cls. R., 206; Winters v. United States, 3 id., 136; Barnes v. United 
 States, 4 id., 216; Montgomery v. United States, 5 id., 93) was finally practically 
 abandoned in McElrath v. United States, 12 id., 201. 
 
 fcSee JOpins. Att. Gen., 235; 12 id., 421; 13 id., 5; McElrath v. United States, 12 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 751 
 
 ART. 100. When an officer is dismissed from the service Publication of 
 
 officers cashiered 
 
 for cowardice or fraud the sentence shall further direct f r cowardice or 
 
 that the crime, punishment, name, and place of abode of 100 Art. War. 
 
 the delinquent shall be published in the newspapers in and 
 
 about the camp, and in the State from which the offender 
 
 came or where he usually resides ; and after such publica- 
 
 tion it shall be scandalous for an officer to associate with 
 
 him. 1 
 
 ART. 101. When a court-martial suspends an officer from 0^"^ p 8 a ion of 
 command, it may also suspend his pay and emoluments for 101 Art - war. 
 the same time, according to the nature of his oflense. 2 
 
 restored by an order assuming to revoke the order of dismissal, procured to be passed 
 by Congress in 1890, an act recognizing his restoration as legal, which, however, was 
 vetoed by the President, held that his status was that of a person who had been 
 illegally in the military service since the date of the order of so-called revocation. 
 (Ibid., par. 9.) 
 
 Where, by the direction of the President, an order was issued canceling the 
 muster in of a volunteer officer on account of facts indicating that he was not a fit 
 person to hold a commission, held that this was a legal exercise of the authority of 
 summary dismissal for cause vested in the President by the act of July 17, 1862. 
 (Ibid., 372, par. 10.) 
 
 The President had not the same power of dismissal in the case of a volunteer offi- 
 cer as he has in that of a regular officer. This for the reason that the tenure of office 
 of the former is for a fixed term and for a limited time only ; the power to dismiss is 
 thus, in his case, not an incident of the appointing power, (a) But the President 
 was invested with a special power of dismissal of volunteer officers by the act of 
 Congress of July 17, 1862. (Ibid., par. 11.) 
 
 Held that the ruling in Blake's Case (b) was applicable, and that the office of an army 
 officer might legally DO vacated by the appointment and commission of a successor, 
 although Between the office of the original officer and that of the successor there 
 may have intervened a tenure by a third officer. 
 
 Thus (1) Captain A was dismissed from his office without legal authority; (2) 
 
 Captain B, an unassigned officer, was assigned to the captaincy of A, and held it 
 ill his own resignation, one year and three months later; (3) Lieutenant C was 
 
 til 
 
 then promoted and appointed to t he office and hih appointment was confirmed. Held 
 that Lieutenant C was the legal incumbentof the office. (Ibid., par. 12 ) 
 
 Held that the ruling of the Supreme Court in the case of Blake was not applicable to 
 volunteer officers of State organizations, and that a governor of a State, who had 
 duly appointed a certain volunteer officer in a regiment, was not empowered to dis- 
 miss him by si ply appointing to the same office, commissioning, and causing to be 
 mustered into the united States service, another person. (Ibid., par. 13.) 
 
 Heldihat it was quite evidently the intention of Congress in the act of July 15, 
 
 1870, section 12, that the commissions held by the officers who remained unassigned 
 on January 1, 1871, should cease on that day. No action on the part of a mustering 
 officer was required to carry the law into effect, as is shown by G. 0. 1 of January 2, 
 
 1871, in which the separation from the service on January 1 of the unassigned offi- 
 cers was formally announced. (Ibid., par. 14.) 
 
 'The terms "cowardice" and "fraud 1 employed in this article may be considered 
 as referring mainly to the offenses made punishable by articles 42 and (50. With 
 these, however, may be regarded as included all offenses m which fraud or cowardice 
 is necessarily involved, though the same be not expressed in terms in the charge or 
 specification. (Dig. Opin. J. A. Gen., 117, par. 1.) 
 
 Though the injunction of the article as to the direction to be added in the sentence 
 should of course regularly be complied with, a failure so to comply will not affect 
 the validity of the punishment of dismissal adjudged by the sentence, (c) The 
 declaration of the article that after the publication "it shall be scandalous for an 
 officer to associate with " the dismissed officer, though it has in a few cases (d) been 
 incorporated in the sentence, is not intended to be, and should not be, so expressed 
 by the court. (Ibid., par. 2.) 
 
 * 2 The punishment of suspension, as imposed by sentence, is usually in the form of a 
 suspension from rank, or from command, for a stated term, sometimes accompanied 
 by a suspension frompay forthe same period. Suspension from rank includes sus- 
 pensionfrom command. (Ibid., 729, par. 1.) 
 
 A suspension from rank does not affect the right of the officer to his office. He 
 retains the same as before, and, as an officer, remains subject as before to military 
 control as well as to the jurisdiction of a court-martial for any military offense com- 
 mitted pending the term of suspension, (e) (Ibid., par. 2.) 
 
 The effect of a suspension from rank (beside detaching the officer from the per- 
 formanceof the duties incident t o his ran k) is to deprive him of any right of promotion 
 
 aSeoMechen 011 Public Officers, p. 283, sec. 445. 
 
 bBlake v. U. S., 103 U. S., 231. 
 
 cNote the action taken in the case published in G. C. M. O. 27, War Department, 
 1872. 
 
 d As in cases published in G. O. (A. and I. G. ' >.) of May 13, 1820; G. 0. 168, Depart- 
 ment of the Missouri, 1865. 
 
 e See & Opins. Att. Gen., 740 ; 6 id., 715. 
 
752 THE MILITARY LAWS OF THE UNITED STATES. 
 
 to a vacancy in a higher grade, occurring pending the term of suspension, and 
 which he would have been entitled to receive by virtue of seniority had he not been 
 suspended, such right accruing to the officer next in rank. But no such loss of 
 promotion is incident to a mere suspension from command. (Ibid., 730, par. 3.) 
 
 Suspension from rank does not, however, deprive tlio officer of the right to rise in 
 files in his grade upon the promotion, for example, of the senior officer of such 
 grade. The number of an officer in the list of his grade as not an incident of his 
 rank, but of his appointment to office as conferred and dated, and, as we have seen, 
 suspension does not affect the office. Moreover, \ossofli\eais a continuing punishment, 
 and if held to be involved in suspension from rank, the result would be that, for an in- 
 definite period after the term of suspension had expired, tlio officer would remain 
 under punishment, the sentence imposed by the court being thus added to in exe- 
 cution, contrary to a well-known principle of military law, (Ibid., par. 4.) 
 
 It is further the effect of a suspension from rank that the officer loses for the time 
 the minor rights and privileges of priority and precedence annexed to rank or com- 
 mand. Among these is the right to select quarters relatively to other officers. And 
 where quarters are to be selected by several officers, one of whom is under sentence 
 of suspension from rank, the suspended officer necessarily has the last choice. Or 
 rather he has no choice, but quarters are assigned him by the commander; for, being 
 still an officer of the Army, though without rank, he is entitled to some quarters. 
 But advised that an officer sentenced, to be suspended from rank could not, because 
 of such suspension alone, be deprived of quarters previously duly selected, and 
 occupied at the time of the suspension, such a sentence not affecting a right pre- 
 viously accrued and vested. (Ibid., par 5.) 
 
 Suspension from rank does not involve a status of confinement or arrest. In sen- 
 tencing an officer to be suspended from rank, it is, indeed, not unusual for the court 
 to require that he be confined during the term of suspension to his proper station, 
 or that of his reciment, etc., i, e., that the sentence bo executed there. Where this is 
 not done, while the suspended officer is not entitled to a leave of absence, it can not 
 affect the execution of his sentence to grant him one, and leaves of absence are not 
 unfrequently granted under such circumstances. (Ibid., par, 6.) 
 
 Suspension from rank or command does not involve a loss or authorize a stoppage 
 of pay for the period of suspension, (a) Pay cannot be forfeited by implication. 
 Unless, therefore, the sentence imposes a suspension from rank (or command) "and 
 pay" or in terms to that effect, the suspended officer remains as much entitled to 
 his pay as if he had not been suspended at all, and to require him to forfeit any pay 
 would be adding to the punishment and illegal. (Ibid., 731, par. 7.) 
 
 "Where, however, the suspension is in terms extended by the sentence to pay, the 
 pay ia forfeited absolutely, not merely withheld. And all the pay is forfeited, unless 
 otherwise expressly indicated in the sentence. The forfeiture imposed by a sentence 
 of suspension from rank (or command) and pay fora designated term is a forfeiture 
 of the pay of that specific term, the suspension of the rank and that of the pay being 
 coincident. Under such a sentence the officer can not, legally be deprived of pay due for 
 a period prior to the suspension. Where an officer was sentenced to suspension from 
 rank and pay for six months, held, that his entire pay for those months was abso- 
 lutely forfeited, notwithstanding that the pay of officers of his grade was increased 
 by statute pending the term. (Ibid., par. 8.) 
 
 A sentence of suspension from rank and pay does not affect the right of the officer 
 to the allowances which are no part of his pay, (b) as the allowance for rent of quar- 
 ters, as also the allowance for fuel, or rather right to purchase fuel at reduced rate. 
 (Ibid., par. 9.) 
 
 The status of an officer under suspension is the same whether such suspension has 
 been imposed directly by sentence or by way of commutation for a more severe pun- 
 ishment. Thus, where a sentence of dismissal was commuted to suspension from 
 rank on half pay lor one year, held, that the officer, while forfeiting the rights and 
 privileges of rank and command during such terra, was yet amenable to trial by 
 court martial for a military offense committed pending the same. (Ibid., par. 10.) 
 
 Where an officer, when under a sentence of suspension, is ordered by the com- 
 mander who approved the sentence, or some higher competent authority, to resume 
 his command or the performance of his regular military duty, such order will in 
 general operate as a constructive remission of the punishment and thus terminate 
 the suspension, (c) (Ibid., 732, par. 11.) 
 
 In rare cases the form "to be suspended from the service" has been employed in 
 the sentence. Such a suspension is equivalent in substance to a suspension from 
 rank. 
 
 A still rarer form, "to be suspended from duty," has been deemed to be practically 
 equivalent to a sentence of suspension from 'command, (d) These forms are now 
 rarely resorted to. (Ibid., par. 12.) 
 
 A sentence, "to be suspended from the Military Academy," in a case of a cadet, 
 practically severs him from the military service as a cadet during the term of the 
 suspension. It is usually added in such a sentence that at the end of such term 
 the party is to join the next lower class. (Ibid., par. 13.) 
 
 Like dismissal, suspension takes effect upon and from notice of the approval of the 
 sentence officially communicated to the officer, either by the promulgation of the 
 same at his station, or, where he is absent therefrom by authority, by the delivery 
 to him of a copy of the order of approval or other form of official personal notification 
 of the fact of the approval. (Ibid., par. 14.) 
 
 Suspension, as a punishment for a noncommissioned officer, is not authorized in 
 terms in article 101, nor is it contemplated in the Army Regulations. It has been 
 
 a See 4 Opins. Att. Gen., 444; 6 id., 203. 
 
 frMcNaghten, 27. 
 
 cSeeMcNaghten, 22. 
 
 d Suspension from duty, as distinguished from suspension from rank, is a recog- 
 nized punishment in the naval service. Navy Regulations, art. 32, sec. 2 ; Harwood, 
 134-5. The form "to be suspended from rank and duty" occurs in G. C. M. 0. 19 of 
 1885. 
 
THE MILITARY LAWS OF THE UNITED STATES. 753 
 
 ART. 102. No person shall be tried a second time for the 
 
 same offense. 1 e 1b 2 Art. war. 
 
 ART. 103. No person shall be liable to be tried and A . Limitation of 
 
 time of prosecu- 
 
 punished by a general court-martial for any offense which tion. 
 appears to have been committed more than two years 
 before the issuing of the order for such trial, unless, by 
 reason of having absented himself, or of some other mani- 
 fast impediment, he shall not have been amenable to justice 
 within that period. 
 
 No person shall be tried or punished by a court-martial desertion* 1 etc.* n 
 for desertion in time of peace and not in the face of an 
 enemy, committed more than two years before the arraign- 
 ment of such person for such offense, unless he shall mean- Exception. 
 while have absented himself from the United States, in Apr n 1890 
 which case the time of his absence shall be excluded in v - 26 'p- 54 
 computing the period of the limitation: Provided, That^f^ 118 of 
 said limitation shall nofc begin until the end of the term for 
 which said person was mustered into the service. 2 Act of 
 April 11, 1890 (26 Stat. L., 54). 
 
 ART. 104. No sentence of a court-martial shall be carried sentence 1 f 
 into execution until the same shall have been approved by 27 ^ > 1 | 7 |^ 1892) v - 
 the officer ordering the court, or by the officer commanding 104 ** War - 
 for the time being. 3 Act of July 27, 1892, (27 Stat. L., 278.) 
 
 ART. 105. No sentence of a court-martial, inflicting the f confirmation 
 punishment of death, shall be carried into execution until tenc e ea 
 it shall have been confirmed by the President; except in 2ol 
 the cases of persons convicted, in time of war, as spies, c^ 
 mutineers, deserters, or murderers, and in the cases 
 
 - = 
 
 adjudged in but rare cases, (a) and can not be regarded as sanctioned by principle or 105 Art. War. 
 
 usage. (Ibid., 733, par. 15.) 
 
 Suspension not divesting the officer of his office or commission, but simply hold- 
 ing in abeyance the rights and functions attached to his rank or command, he prop- 
 erly reverts, when the term of the punishment is completed, to his former rank and 
 the command attached thereto, and continues to hold and exercise the same as before 
 his arrest or trial, (b) (Ibid., par. 16.) 
 
 Tinder existing usage (1892) an officer suspended by sentence from rank and com- 
 mand is deemed entitled to retain his quarters. But such rule may, in some cases, 
 work a considerable inconvenience as well as prejudice to discipline, as where, for 
 example, the suspended officer is a post commander, and continues, pending the term 
 of his suspension, and while another officer has succeeded him as commander, to 
 occupy the proper commanding officer's quarters. An army regulation prescribing 
 that an officer in such a status shall not be entitled to retain or to select quarters 
 by virtue of rank, but shall have assigned him any quarters that are available at 
 his late station or elsewhere, advised as desirable to oo adopted. (Ibid., par. 17.) 
 
 Under the ruling of the Secretary of War, as published in circular No. 3 (H. A.), 
 1888, an officer under suspension, but not required by his sentence to be "confined 
 to the limits of his post," is not entitled to forage for'his horse or horses during the 
 term of his suspension. (Ibid., par. 18.) 
 
 Suspension does not affect pay unless expressly forfeited in the sentence. Nor 
 does a commutation of dismissal to suspension affect pay. Thus, where a sentence 
 of dismissal of a cadet was commuted to suspension for one year, held that he was 
 entitled, to full pay during the year of suspension. (Ibid., par. 19.) 
 
 But feee 3 Dec. Second Comptroller, 941. 
 
 'See notes to paragraph 1335, iante. 
 
 J See the title "Statutes of Imitation," in the chapter entitled MILITARY TRI- 
 BUNALS. 
 
 3 See the title ' ' Eeviewing authority, ' ' in the chapter entitled MILITARY TRIBUNALS. 
 
 aSee a comparatively late instance in G. C. M. 0. 33, Department of the East, 1872. 
 & Sullivan, who (p. 88) traces this punishment to "the ecclesiastical jurisdiction, 
 which admitted suspension as a minor excommunication," adds, in regard to the 
 officer sentenced, "At the expiration of the term of suspension he becomes a perfect 
 man again." 
 
 1919 - 48 
 
 356. 
 
754 THE MILITARY LAWS OF THE UNITED STATES. 
 
 guerrilla marauders, convicted, in time of war, of robbery, 
 burglary, arson, rape, assault with intent to commit rape, 
 or of violation of tlie laws and customs of war; and in 
 such excepted cases the sentence of death may be carried 
 into execution upon confirmation by the commanding gen- 
 eral in the field, or the commander of the department, as 
 the case may be. 1 
 
 of^fnissaiV'iS ART. 106. In time of peace no sentence of a court-martial, 
 "Toe Art* '"war directing the dismissal of an officer, shall be carried into 
 execution, until it shall have been confirmed by the Presi- 
 dent. 1 
 Dismissal b y ART. 107. ~No sentence of a court-martial appointed by 
 
 division or bri- 
 gade courts. the commander of a division or of a separate brigade of 
 
 s.v. 12 i.p.Hso. ' troops, directing the dismissal of an officer, shall be car- 
 ried into execution until it shall have been confirmed by 
 the general commanding the army in the field to which the 
 division or brigade belongs. 1 
 General offl- ART. 108. No sentence of a court-martial, either in time 
 
 cers; sentences 
 
 respecting. o f peace or in time of war, respecting a general officer, shall 
 be carried into execution, until it shall have been confirmed 
 
 by the President. 
 
 Confirmation ART. 109. All sentences of a court-martial may be con- 
 ing court. or "" firmed and carried into execution by the officer ordering 
 the court, or by the officer commanding for the time being, 
 where confirmation by the President, or by the command- 
 ing general in the field, or commander of the department, 
 is not required by these articles.' 
 ART - 110 - ^ sentence adjudged by a field officer, detailed 
 
 tence. to try soldiers of his regiment, shall be carried into execu 
 
 27, p. 278.' tion until the same shall have been approved by the brigade 
 
 110 Art. War. 
 
 commander, or, in case there be no brigade commander, by 
 the commanding officer of the post or camp. 1 Act of July 
 27, 1892 (27 Stat. L., 278}. 
 
 Suspension of ART. 111. Any officer who has authority to carry into 
 death en C r e8 d is execution the sentence of death, or of dismissal of an offi- 
 
 1^1 Art. war. cer, may suspend the same until the pleasure of the Presi- 
 dent shall be known; and, in such case, he shall immedi- 
 ately transmit to the President a copy of the order of suspen- 
 sion, together with a copy of the proceedings of the court. 1 
 
 Pardon and ART. 112. Every officer who is authorized to order aaren- 
 
 mitigation of _ J .^ 
 
 sentences. eral court-martial shall have power to pardon or mitigate 
 aoi,!??, y, 12,'p! any punishment adjudged by it, except the punishment of 
 59 iia Art, war. death or of dismissal of an officer. Every officer command- 
 ing a regiment or garrison in which a regimental or garrison 
 
 JSee the title "The reviewing authority," in the chapter entitled MILITARY 
 TRIBUNALS. 
 
THE MILITARY LAWS OF THE UNITED STATES. 755 
 
 court-rnartial may be held, shall have power to pardon or 
 mitigate any punishment which such court may adjudge. 1 
 ART. 113. Every judge- advocate, or person acting as fo ^ r ^ e ^edfo 
 
 such, at anv general court-martial, shall, with as much Judge- Advo- 
 cate General. 
 expedition as the opportunity of time and distance of place ^ July 17,1862,0. 
 
 may admit, forward the original proceedings and sentence 113 Art. War. 
 of such court to the Judge- Advocate-General of the Army, 
 in whose office they shall be carefully preserved. 2 
 
 ART. 114. Every party tried by a general court-martial to ^ a ^ v entitled 
 shall, upon demand thereof, made by himself or by any 114 *. war. 
 person in his behalf, be entitled to a copy of the proceed- 
 ings and sentence of such court. 2 
 
 ART. 115. A court of inquiry, to examine into the nature aJfo^Joi* O r" 
 of any transaction of, or accusation or imputation against, de f jj Art War> 
 any officer or soldier, may be ordered by the President or 
 by any commanding officer 5 but, as courts of inquiry may 
 be perverted to dishonorable purposes, and may be em- 
 ployed, in the hands of weak and envious commandants, 
 as engines for the destruction of military merit, they shall 
 never be ordered by any commanding officer, except upon 
 a demand by the officer or soldier whose conduct is to be 
 inquired of. 3 
 
 ART. 116. A court of inquiry shall consist of one or m ore co ^V^ r u a ir of 
 officers, not exceeding three, and a recorder, to reduce the 116 Art - War - 
 proceedings and evidence to writing. 3 
 
 ART. 117. The recorder of a court of inquiry shall admin- oaths of mem- 
 
 * " hers aud record- 
 
 ister to the members the following oath: u You shall well erof court of in- 
 aud truly examine and inquire, according to the evidence, ii?'Art. war. 
 into the matter now before you, without partiality, favor, 
 affection, prejudice, or hope of reward: so help you God." 
 After which the president of the court shall administer to 
 the recorder the following oath : " You, A B, do swear that 
 you will, according to your best abilities, accurately and 
 impartially record the proceedings of the court and the 
 evidence to be given in the case in hearing: so help you 
 God." 3 
 
 ART. 118. A court of inquiry, and the recorder thereof, fo re (SlfrtHf m- 
 shall have the same power to summon and examine wit- ^J^ 3> 1863 c . 
 nesses as is given to courts-martial and the judge- ad vo-^^vVi 2 ^?' 
 cates thereof. Such witnesses shall take the same oathjg,s.25,v.i2,p! 
 which is taken by witnesses before courts-martials, 4 and us Art. war. 
 
 J See the title "The reviewing authority," in the chapter entitled MILITARY 
 TRIBUNALS. Section 5 of the act of July 27, 1892 (27 Stat. L., 281), provides "that 
 commanding officers authorized to approve the sentences of summary courts shall 
 have the power to remit or mitigate the same." See also note to paragraph 2, " The 
 pardoning power. 1 ' 
 
 2 See the title "Record of proceedings. ' in the chapter entitled MILITARY TRI- 
 BUNALS. 
 
 3 See the title "Courts of inquiry," in the chapter entitled MILITARY TRIBUNALS. 
 
 4 So in the roll. 
 
756 THE MILITARY LAWS OF THE UNITED STATES. 
 
 the party accused shall be permitted to examine and cross- 
 examine them, so as fully to investigate the circumstances 
 in question. 1 
 
 opinion; when ART. 119. A court of inquiry shall not give an opinion 
 gl iiS Art. War. on the merits of the case inquired of unless specially or- 
 dered to do so. 1 
 
 Authentica- ART. 120. The proceedings of a court of inquiry must be 
 
 tion of proceed- 
 ings _of court of authenticated by the signatures of the recorder and the 
 
 in ?2o r lrt. war. president thereof, and delivered to the commanding officer. 1 
 Proceeding of ART. 121. The proceedings of a court of inquiry may be 
 
 court of inquiry J 
 
 used as evidence, admitted as evidence by a court-martial, in cases not capi- 
 tal, nor extending to the dismissal of an officer : Provided, 
 That the circumstances are such that oral testimony can- 
 not be obtained. 1 
 command, ART. 122. If. upon inarches, guards, or in quarters, dif- 
 
 when diflerent ' * j j , 
 
 corps happen to ferenfc corps of the Army happen to join or do duty together, 
 J i22 Art. War. the officer highest in rank of the line of the Army, Marine 
 Corps, or militia, by commission, there on duty or in quar- 
 ters, shall command the whole, and give orders for what is 
 needful to the service, unless otherwise specially directed 
 by the President, according to the nature of the case. 2 
 Kegniar and ART. 123. In all matters relating to the rank, duties, 
 on same footing and rights of officers, the same rules and regulations shall 
 Ma?, i86?,c. apply to officers of the Regular Army and to volunteers 
 435' 8 ' p commissioned in, or mustered into said service, under the 
 
 123 Art. war. ]awg of the ^^^ g tates? f or a limited period. 2 
 
 Rank of militia ART. 124. Officers of the militia of the several States, 
 with^omcer^dfwhen called in to the service of the United States, shall on 
 tefr forces V un all detachments, courts-martial, and other duty wherein 
 159, s!'2?v. 14,' p! they may be employed in conjunction with the regular or 
 48 i24 Art. war. volunteer forces of the United States, take rank next after 
 all officers of the like grade in said regular or volunteer 
 forces, notwithstanding the commissions of such militia 
 officers may be older than the commissions of the said offi- 
 cers of the regular or volunteer forces of the United States. 2 
 
 cer?efiwtL ' AKT< 125t In case of the deata of an Y officer, the major 
 126 Art. war. o f his regiment, or the officer doing the major's duty, or 
 the second officer in command at any post or garrison, as the 
 case may be, shall immediately secure all his effects then 
 in camp or quarters, and shall make, and transmit to the 
 office of the Department of War, an inventory thereof. 3 
 
 ffects 801 " ART> 12G ' In case of the deatn of an 7 soldier, the com- 
 126 Art. War. manding officer of his troop, battery, or company shall im- 
 mediately secure all his effects then in camp or quarters, 
 
 !See the title "Courts of inquiry," in the chapter entitled MILITARY TRIBUNALS. 
 
 2 See chapter en titled HANK AND COMMAND, ETC. 
 
 3 See the title ' ' Deceased officers, " in the chapter entitled COMMISSIONED OFFICERS. 
 
THE MILITARY LAWS OF THE UNITED STATES. 757 
 
 -and shall, in the presence of two other officers, make an 
 inventory thereof, which he shall transmit to the office of 
 the Department of War. 
 ART. 127. Officers charged with the care of the effects of Effects of de- 
 
 ceased officers 
 
 deceased officers or soldiers shall account for and deliver and soldiers to 
 
 be accounted for. 
 
 the same, or the proceeds thereof, to the legal representa- 12? Art. war. 
 
 tives of such deceased officers or soldiers. And no officer 
 
 so charged shall be permitted to quit the regiment or post 
 
 until he has deposited in the hands of the commanding 
 
 officer all the effects of such deceased officers or soldiers 
 
 not so accounted for and delivered. 1 
 
 ART. 128. The foregoing articles shall be read and pub- 
 lished, once in every six months, to every garrison, regi- 
 meiit, troop, or company in the service of the United States, regiment, etc. 
 and shall be duly observed and obeyed by all officers and 
 soldiers in said service. 
 
 SEC. 1343. All persons who, in time of war, or of rebel- Spies. 
 
 Apr. 10, leOo, c. 
 
 lion against the supreme authority of the United States, 20. 2, y. 2 p. 
 
 371 ; -T 60. lo. lov, 
 
 shall be found lurking or acting as spies, in or about any c. 25, 8.4, v. 12.^. 
 of the fortifications, posts, quarters, or encampments of c. 75,8.38^,' 12, pi 
 any of the armies of the United States, or elsewhere, shall 
 be triable by a general court-martial, or by a military coin- 
 mission, and shall, on conviction thereof, suffer death. 
 
 1 This article, in connection with the two preceding articles, provides for the 
 securing of the effects of deceased officers and soldiers, making inventory of the 
 same, and accounting for them to the proper legal representative, etc. These articles 
 have special reference to cases of deaths of military persons while it? active service 
 in the field or at remote military posts, and their provisions apply only to such effects 
 as are left by the deceased "in camp or quarters." (See articles 125 and 126.) An 
 attempt by the commander, etc., to secure effects left elsewhere would not be within 
 the authority here given, and might subject the officer to the liability ol an admin- 
 istrator; such a proceeding would not therefore be advisable, (a) Upon accounting 
 to the duly qualified legal representative, as directed in the article, the responsibility 
 of the officer is discharged, and it remains for the representative to disposeof the prop- 
 erty according to the law applicable to the case. (Dig. Opin, J. A. Gen. 139, par. 1.) 
 
 A military employee of the United States service having died in the service, his 
 remains, at the request of his relatives, were sent to them on a Mississippi steam- 
 boat. Wages being due to the employee at the time of his death, the disbursing 
 officer paid out of these the charges of the transportation and turned over the bal 
 ance to the man's heirs. Held, in view of the tenor and effect of this article, that 
 the disposition of the funds in this case was erroneous, and that the full wages due 
 (without deduction) should have been accounted for to the "legal representatives" of 
 the deceased. (Ibid., 140, par 2.) 
 
 See also paragraphs 1003, 1004, 1077, and 1078, ante. 
 
 a Compare Samuel, 659; Hough (Practice), 558. 
 
TEEATIES, CONVENTIONS, AND AGREEMENTS. 
 
 AMELIORATION OF THE CONDITION OF THE WOUNDED 
 IN TIME OF WAR. 
 
 Aug. 22, 1864. Convention between the United States, Baden, Switzerland, 
 Belgium, Denmark, Spain, France, Hesse, Italy, Nether- 
 lands, Portugal, Prussia, Wiirtemberg, Sweden, Greece, Great 
 Britain, Mecklenburg- Schwerin, Turkey, Bavaria, Austria, 
 Russia, Persia, Roumania, Salvador, Montenegro, Servia, 
 Bolivia, Chili, Argentine Republic, Japan and Peru; with 
 additional articles: For the amelioration of the wounded in 
 armies in the field; concluded August 22, 1864; acceded to 
 by the President March 1, 1882; accession concurred in by 
 the Senate March 16, 1882; proclaimed as to the original 
 convention, but with reserve as to the additional articles, 
 July 26, 1882. 1 
 
 contracting The Swiss Confederation: La Confederation suisse; 
 
 parties. 
 
 His Eoyal Highness the Son Altesse Eoyale le Grand- 
 Grand Duke of Baden ; His Due de Bade; Sa Majeste le 
 Majesty the King of the Bel- Eoi des Beiges; Sa Majeste 
 gians; His Majesty the King le Koi de Daneinark; Sa Ma- 
 of Denmark ; Her Majesty the jeste la Eeine d'Espagne ; Sa 
 Queen of Spain ; His Majesty Majeste PEmpereurdesFran- 
 the Emperor of the French; ais; Son Altesse Eoyale le 
 His Eoyal Highness the Grand-Due de Hesse; Sa 
 Grand Duke of Hesse; His Majeste le Eoi d'ltalie; Sa 
 Majesty the King of Italy; Majeste le Eoi des Pays-Bas; 
 His Majesty the King of the Sa Majeste le Eoi de Portu- 
 Netherlands; His Majesty gal et des Algarves ; Sa Ma- 
 the King of Portugal and of jeste le Eoi de Prusse; Sa 
 the Algarves; His Majesty Majest6 le Eoi de Wurtem- 
 tbe King of Prussia ; His Ma- berg, egalement aniines du 
 jesty the King of Wurtem- de"sir d'adoucir autant qu'il 
 berg, being equally animated depend d'eux, les maux in- 
 with the desire to soften, as separables de la guerre; de 
 
 1 The President's ratification of the act of accession, as transmitted to Berne and 
 exchanged for the ratifications of the other signatory and adhesory powers, embraces 
 the Trench text of the convention of August 22, 1864, and the additional articles of 
 October 20, 1868. The French text is therefore, for all international purposes, the 
 standard one. 
 
 758 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 759 
 
 much as depends on them, 
 the evils of warfare, to sup- 
 press its useless hardships 
 and improve the fate of 
 wounded soldiers on the field 
 of battle, have resolved to 
 conclude a convention to that 
 effect, and have named for 
 their plenipotentiaries, viz: 
 
 The Swiss Confederation : 
 Guillatime Henri Dufour, 
 Grand Officer of the Imperial 
 Order of the Legion of Honor, 
 General in Chief of the fed- 
 eral army, Member of the 
 Council of the States; Gus- 
 tave Moynier, President of 
 the International Eelief Com- 
 mittee for wounded soldiers, 
 and of the Geneva Society of 
 Public Utility; and Samuel 
 Lehmann, federal Colonel, 
 Doctor in Chief of the federal 
 army, Member of the Na- 
 tional Council; 
 
 His Royal Highness the 
 Grand Duke of Baden : Rob- 
 ert Volz, Knight of the Order 
 of the Lion of Zsehringen, M. 
 D., Medical Councillor at the 
 Direction of Medical Affairs ; 
 and Adolphe Stein er, Knight 
 of the Order of the Lion of 
 Za^hringen, Chief Staff Phy- 
 
 sician 
 
 His Majesty the King of 
 the Belgians: Auguste V^is- 
 schers, Officer of the Order 
 of Leopold, Councillor at the 
 Council of Mines; 
 
 His Majesty the King of 
 Denmark: Charles Emile 
 Fenger, Commander of the 
 Order of Dauebrog, deco 
 rated with the silver cross of 
 
 supprimer les rigueurs inu- 
 tiles et d'ameliorer le sort des 
 militaires blesses sur les 
 champs de bataille, ont re"- 
 solu de conclure une conven- 
 tion a cet effet et ont nomme 
 pour leurs Plenipotentiaries, 
 savoir : 
 
 La Confederation suisse: 
 
 r 
 
 le Sieur Guillaume-Henri 
 Dufour, Grand-Officier de 
 1'ordre Imperial de la Legion 
 d'Honneur, General en chef 
 de I'arrne'e federale, Membre 
 du Conseil desEtats; le Sieur 
 Gustave Moynier, President 
 du Comite international de 
 secours pour les militaires 
 blesses et de la Societe' gene- 
 voise d'utilite publique ; et le 
 Sieur Samuel Lehmann, Co- 
 lonel federal, Medecin en chef 
 de 1'armee federale, Membre 
 du Conseil national; 
 
 Son Altesse R o y a 1 e le 
 Grand-Due de Bade : le Sieur 
 Robert Volz, Chevalier de 
 1'Ordre du Lion de Za3hrin- 
 gen, Docteur en medecine, 
 Conseiller medical a la Direc- 
 tion des affaires medicales; 
 et le Sieur Adolphe Steirier, 
 Chevalier del'Ordre du Lion 
 de Zsehringen, Medecin-ma- 
 jr; 
 
 Sa Majeste le Roi des Bei- 
 ges: le Sieur Auguste Vis- 
 schers, Officier de 1'Ordre de 
 Leopold, Conseiller an Con- 
 seil des mines; 
 
 Sa Majeste le Roi de Dane- 
 mark : le Sieur Charles-fimile 
 F e n g e r , Comm an deur de 
 1'Ordre du Danebrog, decore 
 de la croix d'argent dumeme 
 
760 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 the same Order, Grand Cross 
 of the Order of Leopold of 
 Belgium, &c., &c., His Coun- 
 cillor of State; 
 
 Her Majesty the Queen of 
 Spain: Don Jos6 Heriberto 
 Garcia de Quevedo, Gentle- 
 man of Her Chamber on ac- 
 tive service, Knight of the 
 Grand Cross of Isabella the 
 Catholic, Numerary Com- 
 mander of the Order of 
 Charles III., Knight of the 
 first class of the Royal and 
 Military Order of St. Ferdi- 
 nand, Officer of the Legion 
 of Honor of France, Her Min- 
 ister-Resident to the Swiss 
 Confederation ; 
 
 His Majesty the Emperor 
 of the French : Georges 
 Charles Jagerschmidt, Offi- 
 cer of the Imperial Order of 
 the Legion of Honor, Officer 
 of the Order of Leopold of 
 Belgium, Knight of the Order 
 of the Red Eagle of Prussia 
 of the third class, &c., &c., 
 Sub-Director at the Ministry 
 of Foreign Affairs; Henri 
 Eugene SeguineaudePr6val, 
 Knight of the Imperial Order 
 of the Legion of Honor, deco- 
 rated with the Imperial Order 
 of the Medjidie of fourth class, 
 Knight of the Order of Saints 
 Maurice and Lazarus of Italy, 
 &c., &c., military Sub-Com- 
 missioner of first class; and 
 Martin Francois Boudier, 
 Officer of the Imperial Order 
 of the Legion of Honor, deco- 
 rated with the Imperial Or- 
 der of the Medjidie" of the 
 fourth class, decorated with 
 
 Ordre, Grand'Croix de 1'Or- 
 dre de Leopold de Belgique, 
 &c., &c., Son Conseiller 
 d'etat; 
 
 Sa Majest6 la Reine d'Es- 
 pagne: le Sieur Don Jose 
 Heriberto Garcia de Que- 
 vedo, Gentilhomme de sa 
 Chambre avec exercice, Che- 
 valier Grand'Croix d'Isabelle 
 la Catholique, Commandeur 
 numeraire de FOrdre de 
 Charles III., Chevalier de 
 premiere classe de 1'Ordre 
 Royal et Militaire de St. Fer- 
 dinand, Officier de la Legion 
 d'Honneur de France, Son 
 Ministre-Resident aupres de 
 la Confederation suisse; 
 
 Sa Majeste FEmpereur des 
 Francais: le Sieur Georges- 
 Charles Jagerschmidt, 
 Officier de 1'Ordre Imperial 
 de la Legion d'Honiieur, 
 Officier de 1'Ordre de Leo- 
 pold de Belgique, Chevalier 
 de 1'Ordre de FAigle rouge 
 de Prussede troisieme classe, 
 &c., &c., Sous-Directeur au 
 Ministere des Affaires l^tran- 
 geres ; le Sieur Henri-Eugene 
 Seguineau de Preval, Che- 
 valier de 1'Ordre Imperial de 
 la Legion d'Hoimeur, decore 
 de FOrdre Imperial dti Medji- 
 die de quatrieme classe, Che- 
 valier de 1'Ordre des Saints 
 Maurice et Lazare d'ltalie, 
 &c., &c., Sous-intendant inili- 
 taire de premiere classe; et 
 le Sieur Martin-Fraiiyois 
 Boudier, Officier de 1'Ordre 
 Imperial dela Legion d'Hou- 
 neur, decore' de la inedaille de 
 la valeur militaire d'ltalie, 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 761 
 
 the medal of Military Valor 
 of Italy, &c., &c., doctor in 
 chief of second class ; 
 
 His Eoyal Highness the 
 Grand Duke of Hesse: 
 Charles Auguste Brodriick, 
 Knight of the Order of Philip 
 the Magnanimous, of the Or- 
 der of St. Michael of Bavaria, 
 Officer of the Koyal Order 
 of the Holy Savior, &c., &c., 
 Chief of Battalion, Staff Offi- 
 cer ; 
 
 His Majesty the King of 
 Italy: Jean Capello, Knight 
 of the Order of Saints Mau- 
 rice and Lazarus, His Consul- 
 General to Switzerland, and 
 Felix Baroffio, Knight of the 
 Order of Saints Maurice and 
 Lazarus, Doctor in Chief of 
 medical division; 
 
 His Majesty the King of 
 the Netherlands: Bernard 
 Ortuinus Theodore Henri 
 Westenberg, Officer of His 
 Order of the Crown of Oak, 
 Knight of the Orders of 
 Charles III. of Spain, of the 
 Crown of Prussia, of Adolphe 
 of Nassau, L. D., His Secre- 
 tary of Legation at Frank- 
 fort; 
 
 His Majesty the King of 
 Portugal and of the Algarves : 
 Jose Antonio Marques, 
 Knightof the Order of Christ, 
 of Our Lady of the Concep- 
 tion of Villa Vi9osa, of Saint 
 Benedict of Aviz, of Leopold 
 of Belgium, &c., M. D. Sur- 
 geon of Brigade, Sub Chief 
 to the Department of Health 
 at the Ministry of War; 
 
 &c., &c., m^decin principal de 
 deuxieme classe; 
 
 Son Altesse Eoyale le 
 Grand-Due de Hesse: le 
 Sieur Charles- Auguste Brod- 
 riick, Chevalier de POrdre de 
 Philippe le Maguanime, de 
 POrdre de St. Michel de 
 Baviere, Officier de POrdre 
 Eoyal du St. Sauveur, &c., 
 &c., Chef de bataillou detat- 
 niajor; 
 
 Sa Majeste le Eoi d'ltalie: 
 Sieur Jean Capello,Chevalier 
 de POrdre des Saints Maurice 
 et Lazare, Son Consul G- 
 neral en Suisse, et le Sieur 
 Felix Baroffio, Chevalier de 
 POrdre des Saints Maurice 
 et Lazare, Medecin de divi- 
 sion; 
 
 Sa Majeste le Eoi des Pays- 
 Bas : le Sieur Bernard-Ortu- 
 inus Theodore - Henri Wes- 
 tenberg, Officier de Son Ordre 
 de la Couroune de Chene, 
 Chevalier des Ordres de 
 Charles III. d'Espagne, de 
 la Couronne de Prusse, 
 d' Adolphe de Nassau, Doc- 
 teur en droit, Son Secretaire 
 de Legation a Fraiicfort; 
 
 Sa Majeste le Eoi de Por- 
 tugal et des Algarves: le 
 Sieur Jose- Antonio Marques, 
 Chevalier de POrdre du 
 Christ, de Notre-Dame de la 
 Conception de Villa- Vicosa, 
 de Saint-Benoit d'Aviz, de 
 Leopold de Belgique, &c., 
 Docteur en medecine et chi. 
 rurgie,Chirurgiendebrigade, 
 Sous-Chef du D6partement 
 de Sant6 au Ministere de la 
 Guerre; 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 His Majesty the King of 
 Prussia: Charles Albert de 
 Kamptz, Knight of the Order 
 of the Bed Eagle of second 
 class, &c., &c., &c., His En- 
 voy Extraordinary and Min- 
 ister Plenipotentiary to the 
 Swiss Confederation, Private 
 Councillor of Legation ; God 
 efroi Frederic Fra^ois Lref- 
 fler, Knight of the Order of 
 the Eed Eagle of third class, 
 &c,, &c., M. D. Physician in 
 Chief of the fourth Army 
 Corps ; Georges Hermann 
 Jules Eitter, Knight of the 
 Order of the Crown of third 
 class, &c., &c., Private Coun- 
 cillor at the Ministry of War ; 
 
 His Majesty the King of 
 Wiirteinberg : ChristopheUl- 
 ricHahn, Knight of the Order 
 of Saints Maurice and La- 
 zarus, &c., Doctor of Philoso- 
 phy and Theology, Member 
 of the Central Royal Direc- 
 tion for Charitable Institu- 
 tions: 
 
 Who, after having ex- 
 changed their powers, and 
 found them in good and due 
 form, agree to the following- 
 articles : 
 Hospitals and ARTICLE I. Ambulances 
 
 ambulances with 
 
 sick or wounded and military hospitals shall 
 
 protected and . 
 
 held inviolate, be acknowledged to be neu- 
 ter, and, as such, shall be 
 protected and respected by 
 belligerents so long as any 
 sick or wounded may be 
 therein. 
 
 Exception. Such neutrality shall cease 
 if the ambulances or hospi- 
 
 Sa M a j e s t e le Eoi de 
 Prusse: le Sieur Charles- 
 Albert de Kamptz, Chevalier 
 de TOrdre de TAigle rouge de 
 seconde classe, &c., &c., &c., 
 Son Envoy 6 Extraordinaire 
 et Ministre Plenipotentiaire 
 pres la Confederation suisse, 
 Conseiller intime de Lega- 
 tion; le Sieur Godefroi-Fre"- 
 deric Francois Loeffler, Che- 
 valier de FOrdre de FAigle 
 rouge detroisieme classe,&c., 
 &c., Docteur en me'decine, 
 Medecin general du qua- 
 trieme corps d'armee, et le 
 Sieur Georges Hermann, 
 Jules Eitter, Chevalier de 
 TOrdre de la Couronne de 
 troisieme classe, &c., &c.- 
 Conseiller intime au Minis- 
 ter e de la Guerre; 
 
 Sa Majest6 le Eoi de Wur- 
 temberg : le Sieur Christophe- 
 Ulric Hahu, Chevalier de 
 POrdr'e des Saints Maurice 
 et Lazare, &c., Docteur en 
 philosophic et theologie, 
 Membre de la Direction cen- 
 trale et Eoyale pour les eta- 
 blissements de bienfaisance : 
 
 Lesquels, apres avoir 
 echange leurs pouvoirs, 
 trouve"s en bonne et due 
 forme, sont convenus des 
 articles suivants : 
 
 ARTICLE I. Les ambu- 
 lances et les hopitaux mili- 
 taires seront reconims neu- 
 tres, et, comme tels, proteges 
 et respectes par les bellige- 
 rants aussi longtemps qu'il 
 s'y trouvera des malades ou 
 des blesses. 
 
 La neutralite cesserait, si 
 ces ambulances ou ces hopi- 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 763 
 
 tals should be held by a 
 military force. 
 
 ART. II. Persons employed 
 in hospitals and ambulances, 
 comprising the staff for su- 
 perintendence, medical serv- 
 ice, administration, transport 
 of wounded, as well as chap- 
 lains, shall participate in the 
 benefit of neutrality, whilst 
 so employed, and so long as 
 there remain any wounded to 
 bring in or to succor. 
 
 ART. III. The persons des- 
 ignated in the preceding 
 article may, even after occu- 
 pation by the enemy, con- 
 tinue to fulfill their duties in 
 the hospital or ambulance 
 which they serve, or may 
 withdraw in order to rejoin 
 the corps to which they 
 belong. 
 
 Under such circumstances, 
 when these persons shall 
 cease from their functions, 
 they shall be delivered by the 
 occupying army to the out- 
 posts of the enemy. 
 
 ART. IV. As the equip- 
 ment of military hospitals 
 remains subject to the laws 
 of war, persons attached to 
 such hospitals can not, in 
 withdrawing, carry away any 
 articles but such as are their 
 private property. 
 
 Under the same circum- 
 stances an ambulance shall, 
 on the contrary, retain its 
 equipment. 
 
 ART.Y. Inhabitants of the 
 country who may bring help 
 to the wounded shall be re- 
 spected, and shall remain 
 free. The generals of the 
 
 taux e~taient gardes par une 
 force militaire. 
 ART. II. Le personnel des Employees, 
 
 etc., respected as 
 
 hopitaux et des ambulances, neutrals. 
 comprenant Pintendance, les 
 services de sante", d'adminis- 
 tration, de transport des 
 blesses, ainsi que les auind- 
 niers, participera au benefice 
 de la neutrality lorsqu'il 
 fonctionnera, et tant qu'il 
 restera des blesse's a relever 
 ou a secourir. 
 
 ART. III. Les personnes^J^^ 6 ,^ 
 de"signees dans Particle pre- occupying forces. 
 cedent pourront, meine apres 
 Poccupation par Pennemi, 
 continuer a remplir leurs 
 fonctions dans Phopital ou 
 Pambulance qu'elles desser- 
 vent, ou se retirer pour re- 
 joindre le corps auquel elles 
 appartiennent. 
 
 Dans ces circonstances, 
 lorsque ces personnes cesse- 
 ront leurs fonctions, elles 
 seront remises aux avant- 
 postes ennemis, par les soins 
 de Parmee occupante. 
 
 ART. IV. Le materiel des 
 hopitaux militaires demeu- 
 rant sournis aux lois de la 
 guerre, les personnes a 
 
 tachees a ces hopitaux ne awa y private 
 
 x property only. 
 
 pourront, en se retirant, em- 
 porter que les objets qui sont 
 leur proprie"te particuliere. 
 
 Dans les memes circon- 
 stances, au contraire, Pambu- 
 lance conservera son mate- 
 riel. 
 
 ART. V. Les habitants du in g e t h S e w 8 ounS 
 pays qui porteront secours to remam free - 
 aux blesses seront respectes, 
 et demeureront libres. Les 
 gene"raux des Puissances 
 
764 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 belligerent Powers shall 
 make it their care to inform 
 the inhabitants of the appeal 
 addressed to their humanity, 
 and of the neutrality which 
 will be the consequence of it. 
 Houses where Any wounded man enter- 
 
 tbe wounded are . J 
 
 cared for to be tamed and taken care of in 
 
 a house shall be considered 
 
 Exemptions for as a protection thereto Any 
 
 care of wounded. . , , ., , , ,, , 
 
 inhabitant who shall have 
 entertained wounded men in 
 his house shall be exempted 
 from the quartering of troops, 
 as well as from a part of the 
 contributions of war which 
 may be imposed. 
 Soldiers sick or AnT.VI. Woundedor sick 
 
 wounded of any 
 
 nation to be re soldiers shall be entertained 
 
 lieved and cared 
 
 for. and taken care of, to what- 
 
 ever nation they may belong. 
 
 wnded e e r tc. of Oommanders-in-cliief shall 
 have the power to deliver 
 immediately to the outposts 
 of the enemy soldiers who 
 have been wounded in an 
 engagement, when circum- 
 stances permit this to be don e, 
 and with the consent of both 
 parties. 
 Soldiers inca- Those who are recognized, 
 
 8ervice a to e b d e sent after their wounds are healed, 
 as incapable of serving, shall 
 be sent back to their country, 
 conditions of The others may al so be sent 
 
 return. i i -, . , . 
 
 back, on condition of not 
 again bearing arms during 
 the continuance of the war. 
 
 Evacuations, Evacuations, together with 
 
 tc., "to n3iV6 cibso- . 
 
 mte neutrality tne persons under whose di- 
 rections they take place, shall 
 be protected by an absolute 
 neutrality. 
 Hospital, am- ART. VII. A distinctive 
 
 bulanco, and , 
 
 evacuation flag, and uniform flag shall be 
 
 etc. 
 
 belligerantes auront pour 
 mission de prevenir les habi- 
 tants de 1'appel fait a leur 
 humanite", et de la neutrality 
 qui en sera la consequence. 
 
 Tout blesse recueilli et 
 soigne dans line maison y 
 s e r v i r a de sauvegarde. 
 Inhabitant qui aura recueilli 
 chez lui des blesses sera dis- 
 pense du 1 o g e m e n t des 
 t r o u p e s , aiusi que d'une 
 partie des contributions de 
 guerre qui seraient imposees. 
 
 ART. VI. Les inilitaires 
 blesses ou malades seront 
 recueillis et soignes, a quel- 
 que nation qu'ils appartien- 
 dront. 
 
 Les Commandants-en-chef 
 auront la faculte de remettre 
 immediatement aux avant- 
 postes ennemis, les railitaires 
 blesses pendant le combat, 
 lorsque les circon stances le 
 permettront et du consente- 
 ment des deux partis. 
 
 Seront renvoyes dans leurs 
 pays ceux qui, apres gtie'ri- 
 son, serout reconnus inca- 
 pables de servir. 
 
 Les autres pourront etre 
 egalement renvoyes, a la con- 
 dition de ne pas reprendre 
 les armes pendant la dure"e 
 de la guerre. 
 
 Les evacuations, avec le 
 personnel qui les dirige, 
 seront couvertes par uue 
 neutralite absolue. 
 
 ART. VII. Un drapeau dis- 
 tinctif et uniforme sera 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 765 
 
 adopted for hospitals, ambu- 
 lances and evacuations. It 
 must, on every occasion, be 
 accompanied by the national 
 flag. An arm-badge (bras- 
 sard) shall also be allowed 
 for individuals neutralized, 
 but the delivery thereof shall 
 be left to military author- 
 ity. 
 
 The nag and the arm-badge 
 shall bear a red cross on a 
 white ground. 
 
 ART. YIII. The details of 
 execution of the present con- 
 vention shall be regulated 
 by the commanders-in-chief 
 of belligerent armies, accord- 
 ing to the instructions of 
 their respective govern- 
 ments, and in conformity with 
 the general principles laid 
 down in this convention. 
 
 ART. IX. The high con- 
 tracting Powers have agreed 
 to communicate the present 
 convention to those Govern- 
 ments which have not found 
 it convenient to send pleni- 
 potentiaries to the Interna- 
 tional Conference at Geneva, 
 with an invitation to accede 
 thereto; the protocol is for 
 that purpose left open. 
 
 ART. X, The present con- 
 vention shall be ratified, and 
 the ratifications shall be ex- 
 changed at Berne, in four 
 months, or sooner, if possible. 
 
 In faith whereof the respec- 
 tive Plenipotentiaries have 
 signed it and have affixed 
 their seals thereto. 
 
 Done at Geneva, the 
 twenty- second day of the 
 
 adopte pour les hopitaux, les 
 ambulances et les evacua- 
 tions. II devra etre, en toute 
 circonstance, accompagne du 
 drapeau national. Uii bras- Arm-badge. 
 sard sera egalement admis 
 pour le personnel neutralise, 
 mais la delivrance en sera 
 laissee a Pautorite militaire. 
 
 Le drapeau et le brassard . Flag and arm- 
 
 badge to bear red 
 porteront croix rouge sur cross, etc. 
 
 fond blanc. 
 ART. VIII. Les de tails 
 
 d'execution de la presente vention - 
 convention seront regies par 
 les Commandants en chef 
 des armees belligerantes, d'a- 
 pres les instructions de leurs 
 Gouverneinents respectifs, et 
 conform ement aux principes 
 generaux enonces dans cette 
 convention. 
 ART. IX. Les hautes Puis- . invitation to 
 
 be made to cer- 
 
 SanceS COntractauteS SOUt tain governments 
 
 to accede to con- 
 
 con venues de communiquer vention. 
 la pre~sente convention aux 
 Gouvernements qui n'ont pu 
 envoyer des Plenipoten- 
 tiaires a la Conference Inter- 
 nationale de Geneve, en les 
 i n v i t a n t a y acceder 5 le Protocol to re . 
 protocole est a cet effet laisse maiu P en - etc - 
 ouvert. 
 
 ART. X. La presente con- Ratification. 
 vention sera ratifiee, et 
 les ratifications en seront 
 echangees a Berne, dans 
 Fespace de quatre rnois, ou 
 plus tot si faire se peut. 
 
 En foi de quoi les Plenipo- Si g natnrea - 
 tentiaires respectifs Tout 
 sign6e et y ont appose" le 
 cachet de leurs armes. 
 
 Fait a Geneve, le vingt- 
 deuxieme jour du niois d'aout 
 
766 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 month of August of the year 
 one thousand eight hundred 
 and sixty -four. 
 [L.S.] General G. H. Du- 
 FOUR. 
 
 [L. S.] G. MOYNIER. 
 
 [L. s.] Dr. LBHMANN. 
 [L. &] Dr. EGBERT YOLZ. 
 [L. s.] STEINER. 
 [L. s.J YISSCHERS. 
 [L. s.] FENGER. 
 [L. s.] J. HERIBERTO GAR- 
 CIA DE QUEVEDO. 
 
 [L. s.) OH. JAGERSCHMIDT. 
 [L. s.j S. DE PREVAL. 
 [L. s.] BOUDIER. 
 [L. s.] BRODRUCK. 
 [L. s.] CAPELLO. 
 [L. s.] F. BAROFFIO. 
 
 [L. S.] WESTENBERG. 
 
 [L. s.] Jos ANTONIO MAR 
 
 QUES. 
 
 [L. s.] DE KAMPTZ. 
 
 [L. S.] LCEFFLER. 
 [L. S.j BITTER. 
 
 [L. s.J Dr. HAHN. 
 
 del'aninil Imit-cent soixante- 
 quatre. 
 
 [L.s.J General G. H. Du- 
 
 FOUR. 
 
 [L. s.j G. MOYNIER. 
 [L. s. | Dr. LEHMANN. 
 [L. s. Dr. EGBERT VOLZ. 
 [L. s. STEINER. 
 
 (L. S. VlSSCHERS. 
 
 [L. s. FENGER. 
 
 [L. s. J. HERIBERTO GAR- 
 CIA DE QUEVEDO. 
 
 [L s.| OH. JAGERSCHMIDT. 
 
 [L. s. S. DE PREVAL. 
 
 (L. s. BOUDIER. 
 
 [L. s. BRODRUCK. 
 
 [L. s, GAPELLO. 
 
 [L. s. F. BAROFFIO. 
 
 [L. s. WESTENBERG. 
 
 [L. s. JOSE ANTONIO MAR- 
 QUES. 
 
 [L. s.) DE KAMPTZ. 
 
 [L. s.| LCEFFLER. 
 
 [L. s.] EITTER. 
 
 [L.S.] Dr. HAHN. 1 
 
 ADDITIONAL ARTICLES. 2 
 
 Proposed ex- The governments of North Ger- Les Gouvernements de 1'Alle- 
 8ion8o\ conven- man y> Austria, Baden, Bavaria, magne du Nord, de 1'Autriche, 
 Bel S ium > Denmark, France, Great Bade, la Baviere, la Belgique, le 
 Britain, Italy, the Netherlands, Danemark, la France, la Grande- 
 
 1 The several contracting parties to the said convention exchanged the ratifications 
 thereof at Geneva, on the 22d day of June, 1865. 
 
 The several States hereinafter named have signified their adherence to the above 
 convention in virtue of Article IX, on the dates as noted in the following list : 
 
 Sweden December 13, 1864. 
 
 Greece January 5-17, 1865. 
 
 Great Britain February 18, 1865. 
 
 Mecklenburg-Schwerin March 9, 1865. 
 
 Turkey July 5, 1865. 
 
 Wurtemberg June 2, 1866. 
 
 Hesse June 22, 1866. 
 
 Bavaria June 30, 1866. 
 
 Austria July 21, 1866. 
 
 Russia May 10-22, 1867. 
 
 Persia December 5, 1874. 
 
 Roumania November 18-30, 1874. 
 
 Salvador December 30, 1874. 
 
 Montenegro November 17-29, 1875. 
 
 Servia March 24, 1876. 
 
 Bolivia October 16, 1879. 
 
 Chili November 15, 1879. 
 
 Argentine Republic November 25, 1879. 
 
 Peru April 22, 1880. 
 
 3 On the 20th of October, 1868, the above additional articles were proposed and signed 
 at Geneva on behalf of Great Britain, Austria, Baden, Bavaria, Belgium, Denmark, 
 France, Italy, Netherlands, North Germany, Sweden and Norway, Switzerland, 
 Turkey, and Wurtemberg. 
 
THE MILITARY LAWS OP THE UNITED STATES. 
 
 767 
 
 Sweden and Norway, Switzerland, 
 Turkey, and Wiirtemberg, desir- 
 ing to extend to armies on the sea 
 the advantages of the Convention 
 concluded at Geneva the 22d of 
 August, 1864, for the amelioration 
 of the condition of wounded sol- 
 diers in armies in the field, and to 
 further particularize some of the 
 stipulations of the said Conven- 
 tion, have named for their com- 
 missioners: 
 
 1. North Germany: Henri de 
 Rceder, Lieutenant-General, En- 
 voy Extraordinary and Minister 
 Plen i poteutiary of His Maj esty the 
 King of Prussia and of the North 
 Germanic Confederation to the 
 Swiss Confederation, Knight of 
 the Red Eagle, second class, &c,, 
 &c. ; Fre"de"nc Lceffler, Physician 
 in Chief of the Army, Professor of 
 Military Medicine, Knight of the 
 Order of the Crown, second class, 
 with crossed swords, &c , &c. ; 
 Henry Kohler, Naval Captain, 
 Chief of Division at the Ministry 
 of the Navy, Knight of the Order 
 of the Crown, third class, &c., &c. 
 
 2. Austria : Dr. Jaromir, Baron 
 
 Mundy, Staff Physician of first 
 class, Commander of the Order of 
 His Majesty Emperor Francis 
 Joseph of Austria, King of Hun- 
 gary. 
 
 3. Baden: Adolphe Steiner, 
 Chief Staff Physician, Knight of 
 the first class of the order of the 
 Lion of Zsehringen, with oak-leaf. 
 
 4. Bavaria: Theodore Dom- 
 pierre, Chief Physician of first 
 class, Knight of the order of St. 
 Michael. 
 
 5. Belgium: Auguste Visschers, 
 Councillor of the Council of Mines 
 of Belgium, Officer of the Order of 
 Leopold. 
 
 6. Denmark: John Barthelemy 
 Gaifre Galiffe, L. D., Consul of 
 His Majesty the King of Denmark 
 to the Swiss Confederate on , Knight 
 of the Order of Danebrog and of 
 
 Bretagne, Pltalie, les Pays-Bas, 
 Suede et Norve'ge, la Suisse, la 
 Turquie, le Wurtemberg, ddsirant 
 etendre aux armies de mer les 
 avantages de la Convention con- 
 clue a Geneve, le 22 aout 1864, pour 
 1'auaelioration du sort des mili- 
 taires blessds dans les arme'es en 
 campagne, et pre"ciser davantage 
 quelques-unes des stipulations de 
 la dite Convention, ont nomm6 
 pour leurs Commissaires: 
 
 1. Allemagne du Nord : Le Sieur Commissioners- 
 Henri de Rceder, Lieutenant-Gdne"- 
 ral,Envoye" Extraordinaire et mini- 
 
 stre ple"nipotentiaire desa Majest6 
 le Roi de Prusse et de la Confe'de'ra- 
 tion de 1'Allemagne du Nord pros 
 la Confederation suisse, Chevalier 
 de 1'aigle rouge, 2 de classe, &c., 
 &c. ; Le Sieur Fr6ddric Lceffler, 
 mddecm ge'ne'ral de Famine, Pro- 
 fesseur de mddecine militaire, 
 Chevalier de 1'ordre de la Cou- 
 ronne, 2 de classe, crois6 d'e"pe"es, 
 &c., &c. ; Le Sieur Henry Kohler, 
 Capitame de vaisseau, Chef de 
 section au ministere de la Marine, 
 Chevalier de 1'ordre de la Cou- 
 ronne, 3 me classe, &c., &c. 
 
 2. Autriche: Le Sieur Jaromir, 
 baron Mundy, Docteur en me'de- 
 cine et chirurgie, M6decin-Major 
 de premiere classe, Commandeur 
 de 1'ordre de S. M. 1'Empereur 
 Francois-Joseph d'Autriche, Roi 
 de Hongrie. 
 
 3. Bade: Le Sieur Adolphe 
 Steiner, M6decin d'fitat-Major, 
 Chevalier de l re classe de 1'ordre 
 du Lion de Zsehringen, avec feuille 
 de Chene. 
 
 4. Baviere: Le Sieur Theodore 
 Dompierre, M^decin principal de 
 l re classe, Chevalier de 1'ordre de 
 St. Michel. 
 
 5. Belgique: Le Sieur Auguste 
 Visschers, Conseiller au Conseil 
 des mines de Belgique, Ofificier de 
 1'ordre de Leopold. 
 
 6. Danemark : Le Sieur John 
 Barthelemy Gaifre Galiffe, Doc- 
 teur en droit, Consul de S. M. le 
 Roi de Danemark pi^s la Confe'de'- 
 ration suisse, Chevalier de 1'ordre 
 
768 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 the Order of Saints Maurice and 
 Lazarus. 
 
 7. France: Auguste Coupvent 
 des Bois, Rear-Admiral, Com- 
 mander of the imperial order of 
 the Legion of Honor, &c., &c. ; 
 Henri Eugene Seguineau de Prd- 
 val, military subcommissioner of 
 first class, officer of the imperial 
 order of the Legion of Honor, &c. 3 
 &c. 
 
 8. Great Britain : John Saville 
 Lumley, Envoy Extraordinary and 
 Minister Plenipotentiary of Her 
 Britannic Majesty to the Swiss 
 Confederation ; Hastings Reginald 
 Yelverton, Rear-Admiral in the 
 service of Her Britannic Majesty, 
 Companion of the Order of the 
 Bath. 
 
 9. Italy: Felix Baroffio, Physi- 
 cian in Chief, Knight of the Order 
 of Saints Maurice and Lazarus, of 
 the Order of the Crown of Italy ; 
 Paul Cottrau, Captain of frigate, 
 Knight of the Order of Saints 
 Maurice and Lazarus, decorated 
 with the silver medal of military 
 Valor. 
 
 10. The Netherlands : Jonkheer 
 Hermann Adri en Karnebeek, Vice- 
 Admiral, Aide-de-camp extraordi- 
 nary to His Majesty the King of 
 the Netherlands, decorated with 
 the civil and military orders and 
 the crosses and medals of 1815, of 
 1830 of the Netherlands, and of the 
 campaigns of Java, Grand Cross of 
 the military orders of Christ and 
 of Tunis, Grand Officer of the Or- 
 der of Charles the Third of Spain, 
 Commander of the Orders of St. 
 Anne of Russia, in diamonds, of 
 Leopold of Belgium and of the 
 Falcon of Saxe-Weimar, Knight of 
 the Legion of Honor, decorated 
 with the medal of St. Helena; 
 Bernhard Ortuinus Theodore 
 Henri Westenberg, L. D., Council- 
 lor, of Legation of His Majesty the 
 King of the Netherlands, Com- 
 mander of the Oaken Crown, 
 Grand Commander of the Order of 
 St. Michael of Bavaria, Knight of 
 the Orders of Charles III. of Spain, 
 of the Crown of Prussia, of Dane- 
 
 du Danebrog et de celui des SS. 
 Maurice et Lazare. 
 
 7. France: Le Sieur Auguste 
 Coupvent des Bois, Contre-Ami- 
 ral, Commandeur de 1'ordrc impd- 
 rial de la Ldgion d'honneur, &c., 
 &c. ; Le Siour Henri Eugf'ne So- 
 guineau de Prdval, sous-iutendaut 
 militaire de l re classe, officier de 
 1'ordre imperial de la Legion 
 d'honneur, &c., &c. 
 
 8. Grande-Bretagne: Le Sieur 
 John Saville Lumley, Envoyd ex- 
 traordinaire et Ministre pldnipo- 
 tentiaire de Sa Majestd Britanni- 
 que prts la Confdddration suisse; 
 Le Sieur Hastings Reginald Yel- 
 verton, Contre-Amiral au service 
 de S. M. Britannique, Compagnon 
 de 1'ordre du Bain. 
 
 9. Italie: Le Sieur Felix Barof- 
 fio, Mddecin-directeur, Chevalier 
 de 1'ordre des ^SS. Maurice et La- 
 zare, de 1'ordre de la Courouue 
 d'ltalie; Le Sieur Paul Cottrau, 
 Capitaine de frdgate, Chevalier de 
 1'ordre des SS. Maurice et Lazare, 
 decord de la mddaille d'argent a 
 la Valeur Militaire. 
 
 10. Pays-Bas: Le Sieur Jonk- 
 heer Hermann Adrien van Kurne- 
 beek, Vice-Amiral, Aide-de-camp 
 eu service extraordinaire de S. M. 
 le Roi des Pays-Bas, decore des 
 ordres militaire et civil et des 
 croix et mddailles de 1815, de 1830 
 Neerlandais et des campagnes de 
 Java,Grand-Croixde 1'ordre mili- 
 taire du Christ et de celui de Tu- 
 nis, Grand-Officier de 1'ordre de 
 Charles III. d ' E s p a g n e , Com- 
 mandeur des ordres de St. Anne 
 en diamant de Russie, de Ldopold 
 de Belgique et du Faucon de Saxe- 
 Weimar, Chevalier de la Ldgion 
 d'honneur, decord de la inddaillo 
 de St. Hdlene ; Le Sieur Bernhard 
 Ortuinus Thdodore Henri Westeu- 
 berg, docteur en droit, Conseiller 
 de Ldgation de S. M. le Roi des 
 Pays-Bas, Commandeur de la 
 Couronne de Chene, Grand-Com- 
 maudeur de 1'ordre de St. Michel 
 de Baviere, Chevalier de Tordre 
 de Charles III. d'Espagne, de la 
 Couronne de Prusse. du, Pan.ebrog 
 
THE MILITARY LAWS OP THE UNITED STATES. 
 
 769 
 
 brog, of Denmark, and of Adolphe 
 of Nassau. 
 
 11. Sweden and Norway : Ferdi- 
 nand Nathaniel Staaff, Lieutenant 
 Colonel, military attacb.6 of the 
 Legation of Sweden and Norway 
 in Paris, Knight of the Royal Or- 
 ders of the Sword of Sweden and 
 of Saint Olaf of Norway, officer of 
 the imperial order of the Legion 
 of Honor, as well of Public In- 
 struction in France, Knight of the 
 imperial order of the Iron Crown 
 of Austria, &c., &c. 
 
 12. Switzerland: Guillaume 
 Henri Dufour, ex-general in chief 
 of the federal army, Grand Cross 
 of the Legion of Honor; Gustave 
 Moynier, President of the Interna- 
 tional Committee for the relief of 
 the wounded, officer of the order 
 of Saints Maurice and Lazarus, 
 Knight of first class of the Order 
 the Lion of Zsehringen, Knight of 
 the Orders of the Polar Star and 
 of Our Lady of the Conception of 
 Villa- Vigosa, &c., &c. ; Samuel 
 Lehmann, Federal Colonel, physi- 
 cian in chief of the federal army, 
 member of the National Council. 
 
 13. Turkey: Husny Effendi, 
 Major, military attache" of Turkey 
 to Paris, decorated with the im- 
 perial order of Medjidie" of the fifth 
 class. 
 
 14. Wiirtemberg: Christophe 
 Hahn, Doctor of philosophy and 
 theology, member of the central 
 direction for charitable institu- 
 tions, President of the committee 
 from Wiirtemberg for the wounded, 
 Knight of the Order of Fre"d6ric 
 and of Saints Maurice and Lazarus ; 
 Edouard Fichte, M. D., physician 
 in chief of the army of Wiirtemberg 
 and Knight of the Order of Fred- 
 erick and the Order of the Crown 
 of Prussia, of third class ; 
 
 Who, having been duly author- 
 ized to that effect, agreed, under 
 reserve of approbation from their 
 governments, to the following dis- 
 positions : 
 
 ARTICLE I. The persons desig- 
 pated in Article II. of the Conven- 
 1919 49 
 
 de Danemark et d' Adolphe de 
 Nassau. 
 
 11. Suede et Norvege: Le Sieur 
 Ferdinand Nathanael Staaff, Lieu- 
 tenant Colonel, attach6 militaire 
 de la Legation de Suede et de Nor- 
 ve"ge a Paris, Chevalier des Ordres 
 Royaux de l'E*p6e de Suede et de 
 Saint-Olaf de Norvdge, officier de 
 TOrdre Imperial de la Legion 
 d'honneur ainsi que de 1' instruc- 
 tion publi queen France, Chevalier 
 de FOrdre Imperial de la Couronne 
 de fer d'Autriche, &c., &c. 
 
 12. Suisse : Le Sieur Guillaume 
 Henri Dufour, Grand-officier de 
 TOrdre Imperial de la Legion 
 d'Honneur, ancien Ge"ne"ral-en- 
 chef de I'arme'e fe"d6rale, ancien 
 Membre du Conseil des Etats; 
 Le Sieur Gustave Moynier, Pre"si- 
 dent du Comite" international de 
 secours pour les militaires blesse's 
 et de la Socie'te' gdnevoise d'utilit6 
 publique; Le Sieur Samuel Leh- 
 mann, Colonel federal, Me'decin en 
 chef de Parme'e fe'de'rale, membre 
 du Conseil National. 
 
 13 Turquie: Husny Effendi, 
 Major, Attache" Militaire a TAm- 
 bassade de Turquie a Paris, de'core' 
 de 1'Ordre Imperial du Medjidie" 
 de 5 me classe. 
 
 14. Wurtemberg: Le Sieur 
 Christophe Hahn, Docteur en phi- 
 losophic et the'ologie, membre de 
 la direction centrale pour les e"ta- 
 blissements de bienfaisance, Pr6si- 
 dent du comitd wurtembergeois 
 pour les militaires blesse's ; Cheva- 
 lier des Ordres de Fre'de'ric et des 
 SS. Maurice et Lazare; Le Sieur 
 Fjdouard Fichte., Docteur en me'de- 
 cine, m6decin principal de I 7 arm6e 
 wurtembergeoise, Chevalier de 
 1'Ordre de Frederic et de 1'Ordre 
 de la Couronne de Prusse de 3 me 
 classe ; 
 
 Lesquels dument autorise"s acet Additional stip- 
 effet, sont convenus, sous reserve ulations 
 d'approbation de leurs Gouverne- 
 ments, des dispositions suivantes : 
 
 ARTICLE I. Le personnel d^signe" Rights of em- 
 dans 1'article deux de la Conven- g^S^' >. 
 bulances ; their release and departure. 
 
770 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Definition of 
 the term "ambu- 
 lance." 
 
 tion shall, after the occupation by 
 the enemy, continue to fulfil their 
 duties, according to their wants, 
 to the sick and wounded in the 
 ambulance or the hospital which 
 they serve. When they request to 
 withdraw, the commander of the 
 occupying troops shall fix the time 
 of departure, which he shall only 
 be allowed to delay for a short 
 time in case of military necessity. 
 
 Salary of neu- ART. xi. Arrangements will have 
 
 trals, etc., when , ... 
 
 inenemy'shamls. to be made by the belligerent pow- 
 ers to ensure to the neutralized 
 person, fallen into the hands of the 
 army of the enemy, the entire en- 
 joyment of his salary. 
 
 ART. III. Under the conditions 
 provided for in Articles I. and IV. 
 of the Convention, the name " am- 
 bulance " applies to field hospitals 
 and other temporary establish- 
 ments, which follow the troops on 
 the field of battle to receive the 
 sick and wounded. 
 
 Charges for ART. IV. In conformity with the 
 troo^'aml^co^ ^irit of Article V. of the Conven- 
 tributions, etc. tion, and to the reservations con- 
 tained in the protocol of 1864, it is 
 explained that for the appointment 
 of the charges relative to the quar- 
 tering of troops, and of the con- 
 tributions of war, account only 
 shall be taken in an equitable 
 manner of the charitable zeal dis- 
 played by the inhabitants. 
 
 Wounded to be ART. V. In addition to Article 
 returned to their ___ , _, 
 country on .con- VI. of the Convention, it is stipu- 
 
 a gaTn 'bearing lated that > with the reservation of 
 arms in the war! officers whose detention might be 
 important to the fate of arms and 
 within the limits fixed by the sec- 
 ond paragraph of that article, the 
 wounded fallen into the hands of 
 the enemy shall be sent back to 
 their country, after they are cured, 
 or sooner if possible, on condition, 
 nevertheless, of not again bearing 
 arms during the continuance of 
 the war. 
 
 [Articles concerning the Marine.'] 
 3oats picking ART. VI. The boats which, at 
 
 w T reck e ed 8hl o P r tneir own risk an(i Peril, during 
 wounded, etc. an <i after an engagement pick up 
 
 tion continuera, apres 1'occupation 
 par 1'ennemi, a donner dans la 
 mesure des besoins, ses soins aux 
 malades et aux blesses de 1' ambu- 
 lance ou de 1'hopital qu'il dessert. 
 Lorsqu'il demandera a se retirer, 
 le commandant des troupes occu- 
 pantes fixera le moment de ce de"- 
 part, qu'il ne pourra toutefois 
 diflfe'rer que pour une courte dure"e 
 en cas de ndcessite's militaires. 
 
 ART. II. Des dispositions de- 
 vroiit etre prises par les Puissances 
 bellige'rantes pour assurer au per- 
 sonnel neutralis6, tombe" entre les 
 mains de I'arme'e ennemie, la jouis- 
 sance integrate de son traitement. 
 
 ART. III. Dans les conditions 
 pre"vues par les articles un et qua- 
 tre de la Convention, la dnomina- 
 tion d'ambulance s'applique aux 
 hdpitaux de campagne et autres 
 e"tablissements temporaires q u i 
 suivent les troupes sur les champs 
 de bataille pour y recevoir des 
 malades et des blesses. 
 
 ART. IV. Conform6ment a 1'es- 
 prit de Tarticle cinq de la Conven- 
 tion et aux reserves mentioun6es 
 au Protocole de 1864, il est expli- 
 que" que pour la r6partition des 
 charges relatives au logement de 
 troupes et aux contributions de 
 guerre, il ne sera tenu compte que 
 dans la mesure de I'^quite" du zele 
 charitable d<Sploye" par les habi- 
 tants. 
 
 ART. V. Par extension de Parti- 
 cle six de la Convention, il est 
 stipule" que sous la reserve des offi- 
 ciers dont la possession importerait 
 au sort des armes, et dans les li- 
 mites fixe~es par le deuxiemepara- 
 graphe de cet article, les blesse's 
 tombds entre les mains del'ennemi^ 
 lors meme qu'ils ne seraient pas 
 reconnus incapables de servir, de- 
 vrontetre renvoye"s dans leur pays 
 apres leur gue"rison, ou plus tot si 
 faire se peut, a la condition toute- 
 fois de ne pas reprendre les armes 
 pendant la dure"e de la guerre. 
 
 Articles ooncernant la Marine. 
 
 ART. VI. Les embarcations qui, 
 a leurs risques et perils, pendant 
 et apres le combat, recueillent ou 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 771 
 
 the shipwrecked or wounded, or 
 which having picked them up, 
 convey them on board a neutral 
 or hospital ship, shall enjoy, until 
 the accomplishment of their mis- 
 sion, the character of neutrality, 
 so far as the circumstances of the 
 engagement and the position of the 
 ships engaged will permit. 
 
 The appreciation of these cir- 
 cumstances is entrusted to the hu- 
 manity of all the combatants. The 
 wrecked and wounded thus picked 
 and saved must not serve again 
 during the continuance of the war. 
 
 ART. VII. The religious, medi- 
 cal, and hospital staff of any cap- 
 tured vessel are declared neutral, 
 and, on leaving the ship, may re- 
 move the articles and surgical 
 instruments which are their pri- 
 vate property. 
 
 ART. VIII. The staff designated 
 in the preceding article must con. 
 tinue to fulfil their functions in 
 the captured ship, assisting in the 
 removal of the wounded made by 
 the victorious party; they will 
 ihen be at liberty to return to 
 their country, in conformity with 
 the second paragraph of the first 
 additional article. 
 
 The stipulations of the second 
 additional article are applicable 
 to the pay and allowance of the 
 staff. 
 
 ART. IX. The military hospital 
 ships remain under martial law in 
 all that concerns their stores; 
 they become the property of the 
 captor, but the latter must not 
 divert them from their special ap- 
 propriation during the continu- 
 ance of the war. 
 
 ] [T/*e vessels not equipped for 
 fighting, which, during peace, thegov- 
 ernment shall have officially declared 
 to be intended to serve as floating 
 hospital ships, shall, however, enjoy 
 
 qui, ayaut recueilli des naufragds 
 ou des blesse's, les portent a bord 
 d'un navire soit neutre, soit hos- 
 pitalier, jouiront jusqu'a raccom- 
 plissement de leur mission de la 
 part de neutrality que les circon- 
 stances du combat et la situation 
 des navires en conflit permettront 
 de leur appliquer. 
 
 L'appre'ciation de ces cir con- 
 stances est confine a 1'humanite' de 
 tous les combattants. Les naufra- 
 ge~s et les blesse's ainsi recueilliset 
 sauve's ne pourront servir pendant 
 la dure"e de la guerre. 
 
 ART. VII. Le personnel religi- . Religious, med- 
 ,.,,, ical, and hospital 
 
 eux, medical et hospitaller detout staff of a cap- 
 
 Duties of staft 
 01 
 
 batiment capture", est d^clard neu- u s t e ral de ' 
 
 tre. II emporte, en quittant le 
 navire, les objets et les instruments 
 de chirurgie qui sont sa proprie'te' 
 particuliere. 
 
 ART. VIII. Le personnel de"sign<5 
 dans 1'article pr6c6dent doit con- 
 tinuer a remplir ses fonctions sur 
 le batiment capture", concourir 
 aux Evacuations de blesse's faites 
 par le vainqueur, puis il doit etre 
 libre de rejoindre son pays, con- 
 forme"ment au second paragraphe 
 du premier article additionnel ci- 
 dessus. 
 
 Les stipulations du deuxieme Pay and allow- 
 article additionnel ci-dessus sont ance of staff< 
 applicables au traitement de ce 
 personnel. 
 
 ART. IX. Les batiments hopi- Captured hos- 
 taux militaires restent soumis aux ggj SSjr^S 
 loisde la guerre, encequiconcerne tiallaw . etc -; not 
 leur materiel;- ils deviennent la other%urpose8. 0r 
 proprie'te' du capteur, mais celui- 
 ci ne pourra les ddtourner de leur 
 affection spdciale pendant la du- 
 re"e de la guerre. 
 
 1 In the published English text, from which this version of the Additional Articles 
 is taken, the paragraph thus marked in brackets appears in continuation of Article IX. 
 It is not, however, found in the original French text adopted by the Geneva con- 
 ference, October 20, 1868. 
 
 By an instruction sent to the United States minister at Berne, January 20, 1883, 
 the right is reserved to omit this paragraph from the English text, and to make any 
 other necessary corrections, if at any time hereafter the Additional Articles shall be 
 completed by the exchange of the ratifications hereof between the several signatory 
 and adhering powers. 
 
772 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Merchant ves 
 sels performing 
 hospital duty to 
 be treated as neu- 
 tral, visited by 
 enemy's cruiser 
 rendering sick 
 and wounded in- 
 capacitated from 
 further war serv- 
 ice. 
 
 Cargo of mer- 
 chant snip pro- 
 tected ; when; 
 proviso. 
 
 Right of bel- 
 ligerents. 
 
 "Wounded o r 
 sick sailors and 
 soldiers, when 
 embarked, etc. 
 
 Return to na- 
 tive country. 
 
 White flag 
 with red cross, 
 etc., used by ves- 
 sels claiming 
 neutrality. 
 
 during the war complete neutrality, 
 both as regards stores, and also as 
 regards their staff, provided their 
 equipment is exclusively appropri- 
 ated to the special service on which 
 they are employed.'] 
 
 ART. X. Any merchantman, to 
 whatever nation she may belong, 
 charged exclusively with removal 
 of sick and wounded, is protected 
 by neutrality, but the mere fact, 
 noted on the ship's books, of the 
 vessel having been visited by an 
 enemy's cruiser, renders the sick 
 and wounded incapable of serv- 
 ing during the continuance of the 
 war. The cruiser shall even have 
 the right of putting on board an 
 officer in order to accompany the 
 convoy, and thus verify the good 
 faith of the operation. 
 
 If the merchant ship also car 
 ries a cargo, her neutrality will 
 still protect it, provided that such 
 cargo is not of a nature to be con- 
 fiscated by the belligerents. 
 
 The belligerents retain the right 
 to interdict neutralized vessels 
 from all communication, and from 
 any course which they may deem 
 prejudicial to the secrecy of their 
 operations. In urgent c a s e H 
 special conventions may be en- 
 tered into between commanders- 
 in-chief, in order to neutralize 
 temporarily and in a special man- 
 ner the vessels intended for the 
 removal of the sick and wounded. 
 
 ART. XI. Wounded or sick sail- 
 ors and soldiers, when embarked, 
 to whatever nation they may be- 
 long, shall be protected and taken 
 care of by their captors. 
 
 Their return to their own coun- 
 try is subject to the provisions of 
 Article VI. of the Convention, and 
 of the additional Article V. 
 
 ART. XII. The distinctive flag 
 to be used with the national flag, 
 in order to indicate any vessel or 
 boat which may claim the benefits 
 of neutrality, in virtue of the 
 principles of this Convention, is a 
 white flag with a red cross. The 
 belligerents may exercise in this 
 
 ART. X. Tout batiment de com- 
 merce a quelque nation qu'il ap- 
 partienne, chargd exclusivement 
 de blesses et de malades dont il 
 opere P6vacuation, est couvertpar 
 la neutralit6; mais le fait seul de 
 la visite, notifie" sur le journal du 
 bord, par un croiseur ennemi, rend 
 les blesse's et les malades incapa- 
 ble de servir pendant la durce de 
 la guerre. Le croiseur aura meme 
 le droit de mettre a bord un com- 
 rnissaire pour accompagner le con- 
 voi et verifier ainsi la bonne fo ide 
 I'op^ration . 
 
 Si le batiment de commerce 
 contenait en outre un chargement, 
 la neutrality le couvrirait encore 
 pourvu que ce chargement ne fftt 
 pas do nature a etre confisque" par 
 le bellige'rant. 
 
 Les belligerants conservent le 
 droit d'interdire aux batiments 
 neutralises toute communication 
 et toute direction qu'ils j ugeraient 
 nuisibles au secret de leurs opdra- 
 tions. Dans les cas urgents, des 
 conventions particulieres pourront 
 etre faites entre les commandants- 
 en-chef pour neutraliser momenta- 
 ne"ment d'une nianiere spe"ciale les 
 navires destines a Pevacuation des 
 blesses et des malades. 
 
 ART. XL Les marins et les mili- 
 taires embarquds, bless6s ou ma- 
 lades, a quelque nation qu'ils ap- 
 partiennent, seront protege's et 
 soigne"s par les capteurs. 
 
 Leur repatriement est soumis 
 aux prescriptions de Particle six 
 de la Convention et de Particle 
 cinq additionnel. 
 
 ART. XII. Le drapeau distinctif 
 a joindre au pavilion national pour 
 indiquer un navire ou une einbar- 
 cation quelconque qui reclame le 
 bdndfice de la neutrality en vertu 
 des principes de cette Convention, 
 est le pavilion blanc a croix rouge. 
 Les belligerants exercent a cet 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 773 
 
 respect any mode of verification 
 which they may deem necessary. 
 Military hospital ships shall he 
 distinguished hy heing painted 
 white outside, with green strake. 
 
 ART. Xlir. The hospital ships 
 which are equipped at the ex 
 pense of the aid societies, recog- 
 nized hy the governments signing 
 this Convention, and which are 
 furnished with a commission ema- 
 nating from the sovereign, who 
 shall have given express authority 
 for their being fitted out. and 
 with a certificate from the proper 
 naval authority that they have 
 heen placed under his control dur- 
 ing their fitting out and on their 
 final departure, and that they 
 were then appropriated solely to 
 the purpose of their mission, shall 
 he considered neutral, as Avell as 
 the whole of their staff. They 
 shall be recognized and protected 
 by the belligerents. 
 
 They shall make themselves 
 known by hoisting, together with 
 their national flag, the white flag 
 with a red cross. The distinctive 
 mark of their staff, while perform- 
 ing their duties, shall be an armlet 
 of the same colors. The outer 
 painting of these hospital ships 
 shall be white, with red strake. 
 
 These ships shall bear aid and 
 assistance to the wounded and 
 wrecked belligerents, without dis- 
 tinction of nationality. 
 
 They must take care not to in. 
 terfere in any way with the move- 
 ments of the combatants. Dur- 
 ing and after the battle they must 
 do their duty at their own risk 
 and peril. 
 
 The belligerents shall have the 
 right of controlling and visiting 
 them; they will be at liberty to 
 refuse their assistance, to order 
 them to depart, and to detain 
 them if the exigencies of the case 
 require such a step. 
 
 The wounded and wrecked 
 picked up by these ships cannot 
 T)e reclaimed by either of the com- 
 batants, and they will be required 
 not to serve during the continu- 
 ance of the war. 
 
 6gard toute verification qu'ils ju- 
 gent ne"cessaire. 
 
 Lea batiments hopitaux mili- .Military hos- 
 taires seront distinguds par une white, etc. 
 peinture extdrieure blanche avec 
 batterie verte. 
 
 ART. XIII. Les navires hospita- Hospital ships, 
 lierMquipe-s aux frais des socif 
 te"s de secours reconnues par les neutral. 
 Gouvernements signataires de 
 cette Convention, pourvus de com- 
 mission e"man<5e du Souverain qui 
 aura donne" 1'autorisation expresse 
 de leur armement, et d'un docu- 
 ment de 1'antorite" maritime com- 
 pdtente, stipulant qu'ils ont 6t6 
 soumis a son controle pendant leur 
 armement et a leur depart final, 
 et qu'ils dtaient alors uniquemeut 
 approprie"s aubut deleur mission, 
 serout considers comme neutres 
 ainsi que tout leur personnel. Us 
 seront respect6s et protege's par 
 les belligerants. 
 
 , etc., 
 ity. 
 
 Us se feront reconnaitre en his- Flag si 
 sant avec leur pavilion national, of neutra 
 le pavilion blanc a croix rouge. 
 La marque distinctive de leur per- 
 sonnel dans Pexercice de ses fonc- 
 tions sera un brassard aux memes 
 couleurs ; leur peinture exterieure 
 sera blanche avec batterie rouge. 
 
 Ces navires porteront secours et Aid an d assist- 
 assistance aux blesses et aux and^reckeTbe? 
 naufrag^s des bellige'rants sans ligerents, with- 
 
 out distinction of 
 distinction de nationality. nationality. 
 
 Us ne devront gener en aucune 
 inaniere les mouvements des cora- 
 battants. Pendant et apres le 
 combat, ils agiront a leurs risques 
 et p6rils. 
 
 Les bellige'rants auront sur enx Eights of bel- 
 le droit de controle et de visite;^^^ 
 ils pourront refuser leur concours, sels, etc. 
 leur enjoindre de s'eloigner et les 
 de"tenir si la gravite" des circon- 
 stances 1'exigeait. 
 
 Les blesses et les naufrage's Wounded and 
 recueillis par ces navires ne pour- <* c e 
 ront etre re'clame's par aucnn des he reclaimed. 
 combattants, etil leur sera impose" 
 de ne pas servir pendant la dure"e 
 de la guerre. 
 
774 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 Right of bellig 
 
 ART. XIV. In naval wars any 
 presumption that, either 
 etc. belligerent takes advantage of 
 
 the benefits of neutrality, with 
 any other view than the interest 
 of the sick and wounded, gives to 
 the other belligerent, until proof 
 to the contrary, the right of sus- 
 pending the Convention, as re- 
 gards such belligerent. 
 Notice of sus- Should this presumption be- 
 
 ventioS etc C to come a certaint y> notice may be 
 be given. given to such belligerent that the 
 
 Convention is suspended with re- 
 gard to him during the whole con- 
 tinuance of the war. 
 Act embodied ART. XV. The present Act shall 
 
 cop y n 
 
 ited in archives copy, which shall be deposited in 
 
 era, etc. 
 
 Seals of com- 
 
 ~ the Archives of the Swiss Confed- 
 eration. 
 
 Authentic copy An authentic copy of this Act 
 sha11 be delivered, with an invi- 
 tation to adhere to it, to each of 
 the signatory Powers of the Con- 
 vention of the 22d of August, 
 1864, as well as to those that have 
 successively acceded to it. 
 
 In faith whereof, the under- 
 signed commissaries have drawn 
 up the present project of addi- 
 tional articles and have apposed 
 thereunto the seals of their arms. 
 [Done at Geneva, the twentieth 
 day of the month of October, of the 
 year one thousand eight hundred and 
 sixty -eight.'] l 
 
 VON RCEDER. 
 F. LCEFFLER. 
 K5HLER. 
 
 DR. MUNDY. 
 
 STEINER. 
 
 DR. DOMPIERRE. 
 
 VlSSCHERS. 
 
 J. B. G. GALIFFE. 
 
 A. COUPVENT DBS BOIS. 
 
 H. DE PREVAL. 
 
 JOHN SAVILLE LUMLEY. 
 
 H. R. YELVERTON. 
 
 D. FELICE BAROFFIO. 
 
 PAOLO COTTRAU. 
 
 H. A. VAN KARNEBEEK. 
 
 WESTENBERG. 
 
 F. N. STAAFF. 
 
 G. H. DUFOUR. 
 
 G. MOYNIER. 
 
 DR. S. LEHMANN. 
 
 HUSNY. 
 
 DR. C. HAHN. 
 
 DR. FICHTE. 
 
 ART. XIV. Dans les guerres 
 maritimes, toute forte pre"somp- 
 tion que 1'un des belligdrants 
 profite du be"ne"fice de la neutrality 
 dans un autre intdret que celui 
 des blesses et des malades, permet 
 a 1'autre bellige~rant, jusqn'a 
 preuve du contraire, de suspendre 
 la Convention a son 6gard. 
 
 Si cette pre"somption devient 
 une certitude, la Convention peut 
 meme lui etre de"nonce"e pour toute 
 la dure~e de la guerre. 
 
 ART. XV. Le present acte sera 
 dresse" en un seul exemplaire ori- 
 ginal qui sera de"pose" aux archives 
 de la Confederation suisse. 
 
 Une copie authentique de cet 
 acte sera delivre'e, avec Tinvita- 
 tion d'y adherer, a chacune des 
 Puissances signataires de la Con- 
 vention du 22 aout 1864, ainsi qu'a 
 celles qui y ont successivement 
 acc6de". 
 
 EM foi de quoi les Commissaires 
 soussigne"s ont dresse" le present 
 Projet d'articles additionnels et y 
 ont appose" le cachet de leurs 
 armes. 
 
 Fait a Geneve le vingtieme jour 
 du mois d'octobre de 1'an mil huit 
 cent soixante-huit. 1 
 
 VON RCEDER. 
 
 F. LCEFFLER. 
 
 KOHLER. 
 
 DR. MUNDY. 
 
 STEINER. 
 
 DR. DOMPIERRE. 
 
 VlSSCHERS. 
 
 J. B. G. GALIFFE. 
 
 A. COUPVENT DES BOIS. 
 
 H. DE PREVAL. 
 
 JOHN SAVILLE LUMLEY. 
 
 H. R. YELVERTON. 
 
 D. FELICE BAROFFIO. 
 
 PAOLO COTTRAU. 
 
 H. A. VAN KARNEBEEK. 
 
 WESTENBERG. 
 
 F. N. STAAFF. 
 
 G. H. DUFOUR. 
 G. MOYNIER. 
 DR. S. LEHMANN. 
 HUSNY. 
 
 DR. C. HAHN. 
 DR. FICHTE. 
 
 1 The proclamation of the President of the United States promulgating the original 
 treaty and the articles additional thereto bears date July 26, 1882 (22 Stat. L., 126). 
 
THE MILITARY LAWS OF THE UNITED STATES. 
 
 775 
 
 AGREEMENT 1 
 
 BETWEEN RICHARD OLNEY, SECRETARY OF STATE OF THE 
 UNITED STATES OF AMERICA, AND MATIAS ROMERO, 
 ENVOY EXTRAORDINARY AND MINISTER PLENIPOTEN- 
 TIARY OF THE UNITED MEXICAN STATES. 
 
 Signed at Washington, June 4, 1896. 
 
 Agreement entered in to in 
 behalf of their respective 
 Governments by Eichard 
 Olney, Secretary of State 
 of the United States of 
 America, and Matias Rom ero, 
 Envoy Extraordinary and 
 Minister Plenipotentiary of 
 the United Mexican States, 
 providing for the reciprocal 
 crossing of the international 
 boundary line by the troops 
 of their respective govern- 
 ments, in pursuit of Kid's 
 band of hostile Indians, on 
 the conditions hereinafter 
 stated. 
 
 ARTICLE I. 
 
 It is agreed that the regu- 
 lar federal troops of the two 
 Republics may reciprocally 
 cross the boundary line of 
 the two countries when they 
 are in close pursuit of Kid's 
 band of hostile Indians on 
 the conditions stated in the 
 following articles. 
 
 Conveuio celebrado en 
 nombre de sus respectivos 
 Gobiernos por el Senor 
 Richard Olney, Secretario de 
 Estado delos Estados Unidos 
 de America, y el Senor Don 
 Matias Romero, Enviado 
 Extraordinario y Ministro 
 Plenipotenciario de los Es- 
 tados Unidos Mexicanos, au- 
 torizando el paso reciproco 
 provisional de la linea divi- 
 soria internacional, de tropas 
 desus respectivos Gobiernos, 
 en persecution de la banda 
 de Indios sublevados de Kid, 
 bajo las restricciones que en 
 seguida se expresan : 
 
 ARTICULO I. 
 
 Se conviene en que las 
 tropas federales regulares de 
 lat dos Republicas pasen 
 reciprocamente la linea divi- 
 soria entre los dos paises 
 cuando vayan persiguiendo 
 de cerca la banda de Indios 
 sublevados de Kid con arre- 
 glo a las condiciones que se 
 expresan en los articulos 
 siguientes : 
 
 1 Published in General Orders 24, Adjutant-General's Office, 1896. For a similar 
 agreement, see volume 22, Statutes at Large, page 126. 
 
776 
 
 THE MILITARY LAWS OF THE UNITED STATES. 
 
 ARTICLE II. 
 
 It is understood for the 
 purpose of this agreement, 
 that no Indian scout of the 
 Government of the United 
 States of America shall be 
 allowed to cross the boundary 
 line, unless he goes as a guide 
 and trailer, unarmed and 
 with the proviso that, in no 
 case, more than two scouts 
 shall attend each Company 
 or detachment. 
 
 ARTICLE III. 
 
 The reciprocal crossing 
 agreed upon in Article I shall 
 only take place in the unin- 
 habited or desert parts of 
 said boundary line. For the 
 purposes of this agreement 
 the uninhabited or desert 
 parts are defined to be all 
 points that are at least ten 
 kilometers distant from any 
 encampment or town of either 
 country. 
 
 ARTICLE IV. 
 
 No crossing of troops of 
 either country shall take 
 place from Capitan Leal, a 
 town on the Mexican side of 
 the Rio Grande, eighty -four 
 kilometers (52 English miles) 
 above Piedras Negras, to the 
 mouth of the Rio Grande. 
 
 ARTICLE Y. 
 
 ARTICULO II. 
 
 Para los efectos de este 
 convenio queda entendido 
 que no se permitira a ningun 
 explorador indio (scout) del 
 Gobierno de los Estados 
 Unidos de America cruzar la 
 linea divisoria, a no ser que 
 vaya sin arnias y como guia 
 y practice en las huellas. y 
 en el concepto de que en 
 ningun caso acompauaran 
 mas de dos indios explora- 
 dores (scouts) a cada com- 
 pania 6 cada destacaineuto. 
 
 ARTICULO III. 
 
 El paso reciproco con- 
 venido en el articulo I no 
 podra hacerse sino por la 
 parte despoblada y desierta 
 de dicha linea divisoria. 
 Para los efectos de este con- 
 venio se entienden por partes 
 despobladas 6 desiertas todos 
 aquellos puntos distantespor 
 lo menos diez kilometros de 
 cualquier campamento 6 
 poblacion de ambos paises. 
 
 ARTICULO IY. 
 
 El paso de tropas de uno 
 u otro pais no podra tener 
 lugar desde Capitan Leal, 
 poblacion en el lado mexi- 
 cano del Rio Bravo a ochenta 
 y cuatro kilometros (52 milas 
 inglesas)rioarribade Piedras 
 Negras, hasta la embocadura 
 del Eio Bravo del Korte. 
 
 ARTICULO Y. 
 
 The Commander of troops El Jefe de las fuerzas que 
 crossing the frontier in pur- pasen la frontera en persecu- 
 suit of Indians, shall, at the cioii de Indios, debera, al 
 
THIS MILITARY LAWS OF THE UNITED STATES. 
 
 777 
 
 time of crossing, or before if 
 possible, give notice of his 
 march to the nearest military 
 commander, or civil author- 
 ity, of the country whose 
 territory he is about to enter. 
 
 ARTICLE VI. 
 
 The pursuing force shall 
 retire to its own territory as 
 soon as it shall have chastised 
 Kid's band of hostile Indians? 
 or have lost its trail; but if, 
 during the pursuit of that 
 band, it shall meet with other 
 hostile Indians, it may chas- 
 tise them as if those first 
 named were concerned. In 
 no case shall the forces of the 
 two countries, respectively, 
 establish themselves or re- 
 main in the foreign territory 
 for any time longer than is 
 necessary to enable them to 
 pursue the band whose trail 
 they are following. 
 
 The temporary loss of the 
 trail, owing to rain or any 
 other accident, shall not be 
 deemed sufficient cause for 
 abandoning the pursuit or 
 for withdrawing the pur- 
 suing force, when there is 
 a reasonable prospect of 
 soon finding the trail again 
 by means of a continued 
 movement. 
 
 ARTICLE VII. 
 
 Any abuses that may be 
 committed by the forces 
 crossing into the territory of 
 the other nation, shall be 
 punished by the Government 
 to which such forces belong, 
 according to the gravity of 
 
 crusar la linea divisoria 6 
 antes si fuere posible, dar 
 aviso de su marcha al Jefe 
 militar 6 a la autoridad civil 
 mas proxima del pais a cuyo 
 territorio va a entrar. 
 
 ARTICULO VI. 
 
 La fuerza perseguidora se 
 retirara a su pais tan luego 
 como haya batido a la banda 
 de indios sublevados de Kid 
 6 perdido su huella; pero si 
 durante la persecucion de 
 esta banda encontrare otros 
 indios sublevados, podra 
 batirlos como si se tratara de 
 aquellos. En ningun caso 
 podran las fuerzas de los dos 
 paises, respectivamente,esta- 
 blecerse en territorio extran- 
 jero,ni permanecer en el mas 
 tiernpo que es necesario para 
 hacer la persecucion de la 
 partida cuya huella sigan. 
 
 La interruption temporal 
 de la huella, por la lluvia 
 u otro accidente, no debe 
 ser motivo para abaridonar 
 la persecucion ni para reti- 
 rar la fuerza perseguidora, 
 cuando haya una perspectiva 
 racional de volver a encon- 
 trar pronto esa huella por 
 medio de un movimiento con- 
 tinuado. 
 
 ARTICULO VII. 
 
 Los abusos que cometan 
 las fuerzas que pasen al te- 
 rritorio de la otra nation, 
 ser an castigados, segun la 
 gravedad de la ofensa y con 
 arreglo a sus leyes, por el 
 Gobierno de quien depeudan, 
 
778 THE MILITARY LAWS OF THE UNITED STATES. 
 
 the offence and in conformity 
 with its laws, as if the abuses 
 had been committed in its 
 own territory, the said Gov- 
 ernment being further under 
 obligation to withdraw the 
 guilty parties from the fron- 
 tier. 
 
 ARTICLE VIII. 
 
 In the case of offences com- 
 mitted by the inhabitants of 
 one country against the force 
 of the other that may be 
 within the limits of the for- 
 mer, the Government of said 
 country shall only be respon- 
 sible to the Government of 
 the other for denial of justice 
 in the punishment of the 
 guilty parties. 
 
 ARTICLE IX. 
 
 This pro visional agreement 
 shall remain in force until 
 Kid's band of hostile Indians 
 shall be wholly exterminated 
 or rendered obedient to one 
 of the two Governments. 
 
 ARTICLE X. 
 
 The Senate of the United 
 Mexican States having au- 
 thorized the President to 
 conclude this agreement, it 
 shall take effect immediately. 
 
 In testimony whereof we 
 have signed this agreement 
 this 4th day of June, 1896. 
 
 como si fuesen cometidos en 
 su propio territorio, que- 
 dando siempre obligado el 
 mismo Gobierno a retirar de 
 la frontera los culpables. 
 
 ARTICULO VIII. 
 
 En los casos de delitos co- 
 metidos por los habitantes de 
 un pais contra la fuerza del 
 otro, que est6 dentro de los 
 limites del primero, el Go- 
 bierno de este pais solo es 
 responsable para con el otro 
 Gobierno por denegacion de 
 justicia en el castigo de los 
 culpables. 
 
 ARTICULO IX. 
 
 Este Convenio provisional 
 permanecer& en vigor mien- 
 tras la banda de indios sub- 
 levados de Kid no fuere com- 
 pletamente exterminada 6 
 reducida a la obediencia de 
 uno de los dos Gobiernos. 
 
 ARTfCULO X. 
 
 Habiendo el Senado de los 
 Estados Unidos Mexicanos 
 autorizado al Presidente 
 para celebrar este Convenio, 
 comenzara a tener efecto 
 desde esta fecha. 
 
 En testimonio de lo cual 
 hemos firmado este Convenio 
 el 4 de Junio, de 1896. 
 
 EICHARD OLNEY. 
 M. EOMERO. 
 
INSTRUCTIONS FOR THE GOVERNMENT OF ARMIES OF THE UNITED 
 STATES IN THE FIELD. 
 
 WAR DEPARTMENT. 
 GENERAL ORDERS, ) ADJUTANT- GENERAL'S OFFICE, 
 
 Washington, April 24, 1863. 
 
 The following u Instructions for the government of armies of the 
 United States in the field," prepared by Francis Lieber, LL. D., and 
 revised by a board of officers, of which Maj. Gen. E. A. Hitchcock is 
 president, having been approved by the President of the United States, 
 he commands that they be published for the information of all concerned. 
 By order of the Secretary of War : 
 
 E. D. TOWNSEND, 
 Assistant Adjutant- General. 
 
 SECTION I. 
 
 Martial law Military jurisdiction Military necessity Retaliation. 
 
 1. A place, district, or country occupied by an enemy stands, in con- 
 sequence of the occupation, under the martial law of the invading or 
 occupying army, whether any proclamation declaring martial law or 
 any public warning to the inhabitants has been issued or not. Martial 
 law is the immediate and direct effect and consequence of occupation 
 or conquest. 
 
 The presence of a hostile army proclaims its martial law. 
 
 2. Martial law does not cease during the hostile occupation, except 
 by special proclamation ordered by the commander-in-chief, or by spe- 
 cial mention in the treaty of peace concluding the war, when the occu- 
 pation of a place or territory continues beyond the conclusion of peace 
 as one of the conditions of the same. 
 
 3. Martial law in a hostile country consists in the suspension, by the 
 occupying military authority, of the criminal and civil law, and of the 
 domestic administration and government in the occupied place or terri- 
 tory, and in the substitution of military rule and force for the same, as 
 well as in the dictation of general laws, as far as military necessity 
 requires this suspension, substitution, or dictation. 
 
 The commander of the forces may proclaim that the administration 
 of all civil and penal law shall continue either wholly or in part, as in 
 times of peace, unless otherwise ordered by the military authority. 
 
 779 
 
780 THE MILITARY LAWS OF THE UNITED STATES. 
 
 4. Martial law is simple military authority exercised in accordance 
 with the laws aod usages of war. Military oppression is not martial 
 law; it is the abuse of the power which the law confers. As martial 
 law is executed by military force, it is incumbent upon those who 
 administer it to be strictly guided by the principles of justice, honor, 
 arid humanity virtues adorning a soldier even more than other men, 
 for the very reason that he possesses the power of his arms against the 
 unarmed. 
 
 5. Martial law should be less stringent in places and countries fully 
 occupied and fairly conquered. Much greater severity may be exercised 
 in places or regions where actual hostilities exist, or are expected and 
 must be prepared for. Its most complete sway is allowed even in the 
 commander's own country when face to face with the enemy, because 
 of the absolute necessities of the case, and of the paramount duty to 
 defend the country against invasion. 
 
 To save the country is paramount to all other considerations. 
 
 6. All civil and penal law shall continue to take its usual course in the 
 enemy's places and territories under martial law, unless interrupted or 
 stopped by order of the occupying military power; but all the functions 
 of the hostile government legislative, executive, or administrative 
 whether of a general, provincial, or local character, cease under martial 
 law, or continue only with the sanction, or, if deemed necessary, the 
 participation, of the occupier or invader. 
 
 7. Martial law extends to property and to persons, whether they are 
 subjects of the enemy or aliens to that Government. 
 
 8. Consuls, among American and European nations, are not diplo- 
 matic agents. Nevertheless, their offices and persons will be subjected 
 to martial law in cases of urgent necessity only; their property and 
 business are not exempted. Any delinquency they commit against the 
 established military rule may be punished as in the case of any other 
 inhabitant, and such punishment furnishes no reasonable ground for 
 international complaint. 
 
 9. The functions of ambassadors, ministers, or other diplomatic 
 agents accredited by neutral powers to the hostile government cease, 
 so far as regards the displaced government; but the conquering or 
 occupying power usually recognizes them as temporarily accredited to 
 itself. 
 
 10. Martial law affects chiefly the police and collection of public 
 revenue and taxes, whether imposed by the expelled government or 
 by the invader, and refers mainly to the support and efficiency of the 
 army, its safety, and the safety of its operations. 
 
 11. The law of war does not only disclaim all cruelty and bad faith 
 concerning engagements concluded with the enemy during the war, but 
 also the breaking of stipulations solemnly contracted by the belligerents 
 in time of peace, and avowedly intended to remain in force in case of 
 war between the contracting powers. 
 
THE MILITARY LAWS OF THE UNITED STATES. 781 
 
 It disclaims all extortions and other transactions for individual gain; 
 all acts of private revenge, or connivance at such acts. 
 
 (Menses to the contrary shall be severely punished, and especially 
 so if committed by officers. 
 
 12. Whenever feasible, martial law is carried out in cases of indi- 
 vidual offenders by military courts ; but sentences of death shall be 
 executed only with the approval of the chief executive, provided the 
 urgency of the case does not require a speedier execution, and then 
 only with the approval of the chief commander. 
 
 13. Military jurisdiction is of two kinds: First, that which is con- 
 ferred and defined by statute ; second, that which is derived from the 
 common law of war. Military offenses under the statute law must be 
 tried in the manner therein directed ; but military offenses which do 
 not come within the statute must be tried and punished under the 
 common law of war. The character of the courts which exercise these 
 jurisdictions depends upon the local laws of each particular country. 
 
 In the armies of the United States the first is exercised by courts- 
 martial, while cases which do not come within the Eules and Articles 
 of War, or the jurisdiction conferred by statute or courts-martial, are 
 tried by military commissions. 
 
 14. Military necessity, as understood by modern civilized nations, 
 consists in the necessity of those measures which are indispensable for 
 securing the ends of the war, and which are lawful according to the 
 modern law and usages of war. 
 
 15. Military necessity admits of all direct destruction of life or limb 
 of armed enemies, and of other persons whose destruction is incident- 
 ally unavoidable in the armed contests of the war ; it allows of the cap- 
 turing of every armed enemy and every enemy of importance to the 
 hostile government or of peculiar danger to the captor; it allows of 
 all destruction of property and obstruction of the ways and channels 
 of traffic, travel, or communication, and of all withholding of suste- 
 nance or means of life from the enemy; of the appropriation of whatever 
 an enemy's country affords necessary for the subsistence and safety of 
 the army, and of such deception as does not involve the breaking of 
 good faith, either positively pledged, regarding agreements entered into 
 during the war, or supposed bythe modern law of war to exist. Men 
 who take up arms against one another in public war do not cease on 
 this account to be moral beings, responsible to one another and to God. 
 
 16. Military necessity does not admit of cruelty that is, the inflic- 
 tion of suffering for the sake of suffering or for revenge, nor of maim- 
 ing or wounding except in fight, nor of torture to extort confessions. 
 It does not admit of the use of poison in any way, nor of the wanton 
 devastation of a district. It admits of deception, but disclaims acts ot 
 perfidy; and, in general, military necessity does not include any act 
 of hostility which makes the return to peace unnecessarily difficult. 
 
 17. War is not carried on by arms alone. It is lawful to starve the 
 
782 THE MILITARY LAWS OF THE UNITED STATES. 
 
 hostile belligerent, armed or unarmed, so that it leads to the speedier 
 subjection of the enemy. 
 
 18. When a commander of a besieged place expels the noncombat- 
 ants, in order to lessen the number of those who consume his stock of 
 provisions, it is lawful, though an extreme measure, to drive them back, 
 so as to hasten on the surrender. 
 
 19. Commanders, whenever admissible, inform the enemy of their 
 intention to bombard a place, so that the noncombatants, and especially 
 the women and children, may be removed before the bombardment 
 commences. But it is no infraction of the common law of war to omit 
 thus to inform the enemy. Surprise may be a necessity. 
 
 20. Public war is a state of armed hostility between sovereign nations 
 or governments. It is a law and requisite of civilized existence that 
 men live in political, continuous societies, forming organized units, 
 called states or nations, whose constituents bear, enjoy and suffer, 
 advance and retrograde together in peace and in war. 
 
 21. The citizen or native of a hostile country is thus an enemy, as 
 one of the constituents of the hostile state or nation, and as such is 
 subjected to the hardships of the war. 
 
 22. Nevertheless, as civilization has advanced during the last cen- 
 turies, so has likewise steadily advanced, especially in war on laud, the 
 distinction between the private individual belonging to a hostile coun- 
 try and the hostile country itself, with its men in arms. The principle 
 has been more and more acknowledged that the unarmed citizen is to 
 be spared in person, property, and honor as much as the exigencies of 
 war will admit. 
 
 23. Private citizens are no longer murdered, enslaved, or carried off 
 to distant parts, and the inoffensive individual is as little disturbed 
 in his private relations as the commander of the hostile troops can 
 afford to grant in the overruling demands of a vigorous war. 
 
 24. The almost universal rule in remote times was, and continues to 
 be with barbarous armies, that the private individual of the hostile 
 country is destined to suffer every privation of liberty and protection 
 and every disruption of family ties. Protection was, and still is with 
 uncivilized people, the exception. 
 
 25. In modern regular wars of the Europeans, and their descendants 
 in other portions of the globe, protection of the inoffensive citizen of 
 the hostile country is the rule; privation and disturbance of private 
 relations are the exceptions. 
 
 26. Commanding generals may cause the magistrate and civil officers 
 of the hostile country to take the oath of temporary allegiance or an 
 oath of fidelity to their own victorious government or rulers, and they 
 may expel every one who declines to do so. But whether they do so 
 or not, the people and their civil officers owe strict obedience to them 
 as long as they hold sway over the district or country, at the peril of 
 their lives. 
 
THE MILITARY LAWS OF THE UNITED STATES. 783 
 
 27. The law of war can no more wholly dispense with retaliation than 
 can the law of nations, of which it is a branch. Yet civilized nations 
 acknowledge retaliation as the sternest feature of war. A reckless 
 enemy often leaves to his opponent no other means of securing himself 
 against the repetition of barbarous outrage. 
 
 28. Eetaliation will, therefore, never be resorted to as a measure of 
 mere revenge, but only as a means of protective retribution, and, more- 
 over, cautiously and unavoidably; that is to say, retaliation shall only 
 be resorted to after careful inquiry into the real occurrence and the 
 character of the misdeeds that may demand retribution. 
 
 Unjust or inconsiderate retaliation removes the belligerents further 
 and further from the mitigating rules of regular war, and by rapid steps 
 leads them nearer to the internecine wars of savages. 
 
 29. Modern times are distinguished from earlier ages by the exist- 
 ence, at one and the same time, of many nations and great governments 
 related to one another in close intercourse. 
 
 Peace is their normal condition ; war is the exception. The ultimate 
 object of all modern war is a renewed state of peace. 
 
 The more vigorously wars are pursued, the better it is for humanity. 
 Sharp wars are brief. 
 
 30. Ever since the formation and coexistence of modern nations, and 
 ever since wars have become great national wars, war has come to be 
 acknowledged not to be its own end, but the means to obtain great ends 
 of state, or to consist in defense against wrong ; and no conventional 
 restriction of the modes adopted to injure the enemy is any longer 
 admitted ; but the law of war imposes many limitations and restric- 
 tions on principles of justice, faith, and honor. 
 
 SECTION II. 
 
 Public and private property of the enemy Protection of persons, and especially of women; 
 of religion, the arts and sciences Punishment of crime against the inhabitants of hos- 
 tile countries. 
 
 31. A victorious army appropriates all public money, seizes all 
 public movable property until further direction by its government, and 
 sequesters for its own benefit or that of its government all the reve- 
 nues of real property belonging to the hostile government or nation. 
 The title to such real property remains in abeyance during military 
 occupation and until the conquest is made complete. 
 
 32. A victorious army, by the martial power inherent in the same, 
 may suspend, change, or abolish, as far as the martial power extends, 
 the relations which arise from the services due, according to the exist- 
 ing laws of the invaded country, from one citizen, subject, or native of 
 the same to another. 
 
 The commander of the army must leave it to the ultimate treaty of 
 peace to settle the permanency of this change. 
 
 33. It is no longer considered lawful on the contrary, it is held to 
 
784 THE MILITARY LAWS OF THE UNITED STATES. 
 
 be a serious breach of the law of war to force the subjects of the 
 enemy into the service of the victorious government, except the latter 
 should proclaim, after a fair and complete conquest of the hostile 
 country or district, that it is resolved to keep the country, district, or 
 place permanently as its own and make it a portion of its own country. 
 
 34. As a general rule, the property belonging to churches, to hos- 
 pitals, or other establishments of an exclusively charitable character, 
 to establishments of education, or foundations for the promotion of 
 knowledge, whether public schools, universities, academies of learning, 
 or observatories, museums of the fine arts, or of a scientific character 
 such property is not to be considered public property in the sense of 
 paragraph 31, but it may be taxed or used when the public service may 
 require it. 
 
 35. Classical works of art, libraries, scientific collections, or precious 
 instruments, such as astronomical telescopes, as well as hospitals, must 
 be secured against all avoidable injury, even when they are contained 
 in fortified places whilst besieged or bombarded. 
 
 36. If such works of art, libraries, collections, or instruments belong- 
 ing to a hostile nation or government can be removed without injury, 
 the ruler of the conquering state or nation may order them to be seized 
 and removed for the benefit of the said nation. The ultimate owner- 
 ship is to be settled by the ensuing treaty of peace. 
 
 In no case shall they be sold or given away if captured by the armies 
 of the United States, nor shall they ever be privately appropriated or 
 wantonly destroyed or injured. 
 
 37. The United States acknowledge and protect, in hostile countries 
 occupied by them, religion and morality, strictly private property, the 
 persons of the inhabitants, especially those of women, and the sacred- 
 ness of domestic relations. Offenses to the contrary shall be rigorously 
 punished. 
 
 This rule does not interfere with the right of the victorious invader to 
 tax the people or their property, to levy forced loans, to billet soldiers, 
 or to appropriate property, especially houses, lands, boats or ships, and 
 churches, for temporary and military uses. 
 
 38. Private property, unless forfeited by crimes or by oifenses of the 
 owner, can be seized only by way of military necessity for the support 
 or other benefit of the army or of the United States. 
 
 If the owner has not fled, the commanding officer will cause receipts 
 to be given, which may serve the spoliated owner to obtain indemnity. 
 
 39. The salaries of civil officers of the hostile government who 
 remain in the invaded territory, and continue the work of their office, 
 and can continue it according to the circumstances arising out of the 
 war such as judges, administrative or police officers, officers of city 
 or communal governments are paid from the public revenue of the 
 invaded territory until the military government has reason wholly or 
 partially to discontinue it. Salaries or incomes connected with purely 
 honorary titles are always stopped. 
 
THE MILITARY LAWS OF THE UNITED STATES. 785 
 
 40. There exists no law or body of authoritative rules of action 
 between hostile armies, except that branch of the law of nature and 
 nations which is called the law and usages of war on land. 
 
 41. All municipal law of one ground on which the armies stand, or of 
 the countries to which they belong, is silent and of no effect between 
 armies in the field. 
 
 42. Slavery, complicating and confounding the ideas of property 
 (that is, of a thing) and of personality (that is, of humanity), exists accord- 
 ing to municipal or local law only. The law of nature and nations has 
 never acknowledged it. The digest of the Roman law enacts the early 
 dictum of the pagan jurist, that, "so far as the law of nature is con- 
 cerned, all men are equal." Fugitives escaping from a country in which 
 they were slaves, villains, or serfs, into another country, have, for cen- 
 turies past, been held free and acknowledged free by judicial decisions 
 of European countries, even though the municipal law of the country 
 in which the slave had taken refuge acknowledged slavery within its 
 own dominions. 
 
 43. Therefore, in a war between the United States and a belligerent 
 which admits of slavery, if a person held in bondage by that belligerent 
 be captured by or come as a fugitive under the protection of the mili- 
 tary forces of the United States, such person is immediately entitled 
 to the rights and privileges of a freeman. To return such person into 
 slavery would amount to enslaving a free person, and neither the United 
 States nor any officer under their authority can enslave any human 
 being. Moreover, a person so made free by the law of war is under the 
 shield of the law of nations, and the former owner or state can have, 
 by the law of post liminy, no belligerent lien or claim of service. 
 
 44. All wanton violence committed against persons in the invaded 
 country, all destruction of property not commanded by the authorized 
 officer, all robbery, all pillage or sacking, even after taking a place by 
 main force, all rape, wounding, maiming, or killing of such inhabitants, 
 are prohibited under the penalty of death, or such other severe punish- 
 ment as may seem adequate for the gravity of the offense. 
 
 A soldier, officer or private, in the act of committing such violence, 
 and disobeying a superior ordering him to abstain from it, may be law- 
 fully killed on the spot by such superior. 
 
 45. All captures and booty belong, according to the modern law of 
 war, primarily to the government of the captor. 
 
 Prize money, whether on sea or land, can now only be claimed under 
 local law. 
 
 46. Neither officers nor soldiers are allowed to make use of their posi- 
 tion or power in the hostile country for private, gain, not even for com- 
 mercial transactions otherwise legitimate. Offenses to the contrary 
 committed by commissioned officers will be punished with cashiering or 
 such other punishment as the nature of the offense may require 5 if by 
 soldiers, they shall be punished according to the nature of the offense. 
 
 1919 50 
 
786 THE MILITARY LAWS OF THE UNITED STATES. 
 
 47. Crimes punishable by all penal codes, such as arson, murder, 
 maiming, assaults, highway robbery, theft, burglary, fraud, forgery, 
 and rape, if committed by an American soldier in a hostile country 
 against its inhabitants, are not only punishable as at home, but in all 
 cases in which death is not inflicted the severer punishment shall be 
 preferred. 
 
 SECTION III. 
 
 Deserters Prisoners of war Hostages Booty on the battle-field. 
 
 48. Deserters from the American Army, having entered the service 
 of the enemy, suffer death if they fall again into the hands of the United 
 States, whether by capture or being delivered up to the American 
 Army ; and if a deserter from the enemy, having taken service in the 
 Army of the United States, is captured by the enemy, and punished by 
 them with death or otherwise, it is not a breach against the law and 
 usages of war requiring redress or retaliation. 
 
 49. A prisoner of war is a public enemy armed or attached to the 
 hostile army for active aid, who has fallen into the hands of the captor, 
 either fighting or wounded, on the field or in the hospital, by individual 
 surrender or by capitulation. 
 
 All soldiers, of whatever species of arms ; all men who belong to the 
 rising en masse of the hostile country; all those who are attached to the 
 army for its efficiency and promote directly the object of the war, except 
 such as are hereinafter provided for ; all disabled men or officers on the 
 field or elsewhere, if captured ; all enemies who have thrown away their 
 arms and ask for quarter, are prisoners of war, and as such exposed 
 to the inconveniences as well as entitled to the privileges of a prisoner 
 of war. 
 
 50. Moreover, citizens who accompany an army for whatever purpose, 
 such as sutlers, editors, or reporters of journals, or contractors, if 
 captured, may be made prisoners of war, and be detained as such. 
 
 The monarch and members of the hostile reigning family, male or 
 female, the chief, and chief officers of the hostile government, its diplo- 
 matic agents, and all persons who are of particular and singular use 
 and benefit to the hostile army or its government, are, if captured on 
 belligerent ground, and if unprovided with a safe conduct granted by 
 the captor's government, prisoners of war. 
 
 51. If the people of that portion of an invaded country which is not 
 yet occupied by the enemy, or of the whole country, at the approach 
 of a hostile army, rise, under a duly authorized levy, en masse to resist 
 the invader, they are now treated as public enemies, and, if captured, 
 are prisoners of war. 
 
 52. No belligerent has the right to declare that he will treat every 
 captured man in arms of a levy en masse as a brigand or bandit. 
 
 If, however, the people of a country, or any portion of the same, 
 already occupied by an army rise against it, they are violators of the 
 laws of war, and are not entitled to their protection. 
 
THE MILITARY LAWS OF THE UNITED STATES. 787 
 
 53. The enemy's chaplains, officers of the medical staff, apothecaries, 
 hospital nurses, and servants, if they fall into the hands of the Ameri- 
 can Army, are not prisoners of war unless the commander has reasons 
 to retain them. In this latter case, or if, at their own desire, they are 
 allowed to remain with their captured companions, they are treated as 
 prisoners of war, and may be exchanged if the commander sees fit. 
 
 54. A hostage is a person accepted as a pledge for the fulfillment of 
 an agreement concluded between belligerents during the war, or in 
 consequence of a war. Hostages are rare in the present age. 
 
 55. If a hostage is accepted, he is treated like a prisoner of war, 
 according to rank and condition, as circumstances may admit. 
 
 56. A prisoner of war is subject to no punishment for being a public 
 enemy, nor is any revenge wreaked upon him by the intentional inflic- 
 tion of any suffering, or disgrace, by cruel imprisonment, want of food, 
 by mutilation, death, or any other barbarity. 
 
 57. So soon as a man is armed by a sovereign government and takes 
 the soldier's oath of fidelity, he is a belligerent ; his killing, wounding, 
 or other warlike acts are no individual crimes or offenses. No belliger- 
 ent has a right to declare that enemies of a certain class, color, or con- 
 dition, when properly organized as soldiers, will not be treated by him 
 as public enemies. 
 
 58. The law of nations knows of no distinction of color, and if an 
 enemy of the United States should enslave and sell any captured per- 
 sons of their Army it would be a case for the severest retaliation, if not 
 redressed upon complaint. 
 
 The United States can not retaliate by enslavement ; therefore death 
 must be the retaliation for this crime against the law of nations. 
 
 59. A prisoner of war remains answerable for his crimes committed 
 against the captor's army or people, committed before he was captured, 
 and for which he has not been punished by his own authorities. 
 
 All prisoners of war are liable to the infliction of retaliatory measures. 
 
 60. It is against the usage of modern war to resolve, in hatred and 
 revenge, to give no quarter. No body of troops has the right to declare 
 that it will not give, and therefore will not expect, quarter; but a com- 
 mander is permitted to direct his troops to give no quarter, in great 
 straits, when his own salvation makes it impossible to cumber himself 
 with prisoners. 
 
 61. Troops that give no quarter have no right to kill enemies already 
 disabled on the ground or prisoners captured by other troops. 
 
 62. All troops of the enemy known or discovered to give no quarter 
 in general, or to any portion of the army, receive none. 
 
 63. Troops who fight in the uniform of their enemies, without any 
 plain, striking, and uniform mark of distinction of their own, can 
 expect no quarter. 
 
 64. If American troops capture a train containing uniforms of the 
 enemy, and the commander considers it advisable to distribute them 
 
788 THE MILITARY LAWS OP THE UNITED STATES. 
 
 for use among his men, some striking mark or sign must be adopted to 
 distinguish the American soldier from the enemy. 
 
 65. The use of the enemy's national standard, flag, or other emblem 
 of nationality for the purpose of deceiving the enemy in battle is an 
 act of perfidy by which they lose all claim to the protection of the laws 
 of war. 
 
 66. Quarter having been given to an enemy by American troops under 
 a misapprehension of his true character, he may, nevertheless, be 
 ordered to suffer death if within three days after the battle it be 
 discovered that he belongs to a corps which gives no quarter. 
 
 67. The law of nations allows every sovereign government to make 
 war upon another sovereign state, and therefore admits of no rules or 
 laws different from those of regular warfare regarding the treatment of 
 prisoners of war, although they may belong to the army of a govern- 
 ment wtuch the captor may consider as a wanton and unjust assailant. 
 
 68. Modern wars are not internecine wars, in which the killing of the 
 enemy is the object. The destruction of the enemy in modern war, 
 and, indeed, modern war itself, are means to obtain that object of the 
 belligerent which lies beyond the war. 
 
 Unnecessary or revengeful destruction of life is not lawful. 
 
 69. Outposts, sentinels, or pickets are not to be fired upon, except to 
 drive them in or when a positive order, special or general, has been 
 issued to that effect. 
 
 70. The use of poison in any manner, be it to poison wells or food 
 or arms, is wholly excluded from modern warfare. He that uses it puts 
 himself out of the pale of the law and usages of war. 
 
 71. Whoever intentionally inflicts additional wounds on an enemy 
 already wholly disabled or kills such an enemy, or who orders or en- 
 courages soldiers to do so, shall suffer death, if duly convicted, whether 
 he belongs to the Army of the United States or is an enemy captured 
 after having committed his misdeed. 
 
 72. Money and other valuables on the person of a prisoner, such as 
 watches or jewelry, as well as extra clothing, are regarded by the 
 American Army as the private property of the prisoner, and the appro- 
 priation of such valuables or money is considered dishonorable, and is 
 prohibited. 
 
 Nevertheless, if large sums are found upon the persons of prisoners 
 or in their possession they shall be taken from them, and the surplus, 
 after providing for their own support, appropriated for the use of the 
 Army, under the direction of the commander, unless otherwise ordered 
 by the Government. Nor can prisoners claim as private property large 
 sums found and captured in their train, although they have been placed 
 in the private luggage of the prisoners. 
 
 73. All officers, when captured, must surrender their side arms to the 
 captor. They may be restored to the prisoner in marked cases, by the 
 commander, to signalize admiration of his distinguished bravery or 
 
OF THE 
 
 UNIVERSITY 
 
 THE MILITARY LAWS OF THE UOTd^g^^Sk 8 789 
 
 approbation of his humane treatment of prisoners before his capture. 
 The captured officer to whom they may be restored can not wear them 
 during captivity. 
 
 74. A prisoner of war, being a public enemy, is the prisoner of the 
 government and not of the captor. No ransom can be paid by a 
 prisoner of war to his individual captor or to any officer in command. 
 The government alone releases captives, according to rules prescribed 
 by itself. 
 
 75. Prisoners of war are subject to confinement or imprisonment, 
 such as may be deemed necessary on account of safety, but they are to 
 be subjected to no other intentional suffering or indignity. The con- 
 finement and mode of treating a prisoner may be varied during his 
 captivity according to the demands of safety. 
 
 76. Prisoners of war shall be fed upon plain and wholesome food, 
 whenever practicable, and treated with humanity. 
 
 They may be required to work for the benefit of the captor's govern- 
 ment, according to their rank and condition. 
 
 77. A prisoner of war who escapes may be shot or otherwise killed 
 in his flight, but neither death nor any other punishment shall be 
 inflicted upon him simply for his attempt to escape, which the law of 
 war does not consider a crime. Stricter means of security shall be used 
 after an unsuccessful attempt at escape. 
 
 If, however, a conspiracy is discovered, the purpose of which is a 
 united or general escape, the conspirators may be rigorously punished, 
 even with death ; and capital punishment may also be inflicted upon 
 prisoners of war discovered to have plotted rebellion against the 
 authorities of the captors, whether in union with fellow-prisoners or 
 other persons. 
 
 78. If prisoners of war, having given no pledge nor made any promise 
 on their honor, forcibly or otherwise escape, and are captured again in 
 battle, after having rejoined their own army, they shall not be punished 
 for their escape, but shall be treated simply as prisoners of war, 
 although they will be subjected to stricter confinement. 
 
 79. Every captured wounded enemy shall be medically treated, ac- 
 cording to the ability of the medical staff. 
 
 80. Honorable men, when captured, will abstain from giving to the 
 enemy information concerning their own army, and the modern law of 
 war permits no longer the use of any violence against prisoners in order 
 to extort the desired information, or to punish them for having given 
 false information. 
 
 SECTION IV. 
 
 Partisans Armed enemies not belonging to the hostile army Scouts Armed prowlers 
 
 War rebels. 
 
 81. Partisans are soldiers armed and wearing the uniform of their 
 army, but belonging to a corps which acts detached from the main body 
 for the purpose of making inroads into the territory occupied by the 
 
790 THE MILITARY LAWS OF THE UNITED STATES. 
 
 enemy. If captured, they are entitled to all the privileges of the pris- 
 oner of war. 
 
 82. Men, or squads of men, who commit hostilities, whether by fight- 
 ing or inroads for destruction or plunder, or by raids of any kind, with- 
 out commission, without being part and portion of the organized hostile 
 army, and without sharing continuously in the war, but who do so with 
 intermitting returns to their homes and avocations, or with the occa- 
 sional assumption of the semblance of peaceful pursuits, divesting 
 themselves of the character or appearance of soldiers such men, or 
 squads of men, are not public enemies, and, therefore, if captured are 
 not entitled to the privileges of prisoners of war, but shall be treated 
 summarily as highway robbers or pirates. 
 
 83. Scouts or single soldiers, if disguised in the dress of the country, 
 or in the uniform of the army hostile to their own, employed in obtain- 
 ing information, if found within or lurking about the lines of the captor, 
 are treated as spies, and suffer death. 
 
 84. Armed prowlers, by whatever names they may be called, or per- 
 sons of the enemy's territory, who steal within the lines of the hostile 
 army for the purpose of robbing, killing, or of destroying bridges, roads, 
 or canals, or of robbing or destroying the mail, or of cutting the tele- 
 graph wires, are not entitled to the privileges of the prisoner of war. 
 
 85. War rebels are persons within an occupied territory who rise in 
 arms against the occupying or conquering army, or against the author- 
 ities established by the same. If captured, they may suffer death, 
 whether they rise singly, in small or large bands, and whether called 
 upon to do so by their own, but expelled, government or not. They are 
 not prisoners of war; nor are they, if discovered and secured before 
 their conspiracy has matured to an actual rising, or to armed violence. 
 
 SECTION v. 
 
 Safe conduct Spies War traitors Captured messengers Abuse of the flag of truce. 
 
 86. All intercourse between the territories occupied by belligerent 
 armies, whether by traffic, by letter, by travel, or in any other way, 
 ceases. This is the general rule, to be observed without special 
 proclamation. 
 
 Exceptions to this rule, whether by safe conduct, or permission to 
 trade on a small or large scale, or by exchanging mails, or by travel 
 from one territory into the other, can take place only according to 
 agreement approved by the government or by the highest military 
 authority. 
 
 Contraventions of this rule are highly punishable. 
 
 87. Ambassadors, and all other diplomatic agents of neutral powers, 
 accredited to the enemy, may receive safe conducts through the terri- 
 tories occupied by the belligerents, unless there are military reasons to 
 the contrary, and unless they may reach the place of their destination 
 conveniently by another route. It implies no international affront if 
 
THE MILITARY LAWS OF THE UNITED STATES. 791 
 
 the safe conduct is declined. Such passes are usually given by the 
 supreme authority of the state, and not by subordinate officers. 
 
 88. A spy is a person who secretly, in disguise or under false pre- 
 tense, seeks information with the intention of communicating it to the 
 enemy. 
 
 The spy is punishable with death by hanging by the neck, whether 
 or not he succeed in obtaining the information or in conveying it to 
 the enemy.' 
 
 89. If a citizen of the United States obtains information in a legiti- 
 mate manner, and betrays it to the enemy, be he a military or civil 
 officer or a private citizen, he shall suffer death. 
 
 90. A traitor under the law of war, or a war traitor, is a person in a 
 place or district under martial law who, unauthorized by the military 
 commander, gives information of any kind to the enemy or holds inter- 
 course with him. 
 
 91. The war traitor is always severely punished. If his offense con- 
 sists in betraying to the enemy anything concerning the condition, 
 safety, operations, or plans of the troops holding or occupying the place 
 or district, his punishment is death. 
 
 92. If the citizen or subject of a country or place invaded or con- 
 quered gives information to his own government, from which he is 
 separated by the hostile army, or to the army of his government, he is 
 a war traitor, and death is the penalty of his offense. 
 
 93. All armies in the field stand in need of guides, and impress them 
 if they can not obtain them otherwise. 
 
 94. No person having been forced by the enemy to serve as guide is 
 punishable for having done so. 
 
 95. If a citizen of a hostile and invaded district voluntarily serves 
 as a guide to the enemy, or offers to do so, he is deemed a war traitor, 
 and shall suffer death. 
 
 96. A citizen serving voluntarily as a guide against his own country 
 commits treason, and will be dealt with according to the law of his 
 country. 
 
 97. Guides, when it is clearly proved that they have misled intention- 
 ally, may be put to death. 
 
 98. All unauthorized or secret communication with the enemy is 
 considered treasonable by the law of war. 
 
 Foreign residents in an invaded or occupied territory, or foreign vis- 
 itors in the same, can claim no immunity from this law. They may com- 
 municate with foreign parts, or with the inhabitants of the hostile 
 country, so far as the military authority permits, but no further. Instant 
 expulsion from the occupied territory would be the very least punish- 
 ment for the infraction of this rule. 
 
 99. A messenger carrying written dispatches or verbal messages from 
 one portion of the army, or from a besieged place, to another portion 
 of the same army or its government, if armed and in the uniform of 
 
792 THE MILITARY LAWS OF THE UNITED STATES. 
 
 his army, and if captured while doing so in the territory occupied by 
 the enemy, is treated by the captor as a prisoner of war. If not in 
 uniform, nor a soldier, the circumstances connected with his capture 
 must determine the disposition that shall be made of him. 
 
 100. A messenger or agent who attempts to steal through the terri- 
 tory occupied by the enemy to further, in any manner, the interests of 
 the enemy, if captured is not entitled to the privileges of the prisoner 
 of war, and may be dealt with according to the circumstances of the 
 case. 
 
 101. While deception in war is admitted as a just and necessary 
 means of hostility, and is consistent with honorable warfare, the 
 common law of war allows even capital punishment for clandestine or 
 treacherous attempts to injure an enemy, because they are so dangerous 
 and it is so difficult to guard against them. 
 
 102. The law of war, like the criminal law regarding other offenses, 
 makes no difference on account of the difference of sex, concerning the 
 the spy, the war traitor, or the war rebel. 
 
 103. Spies, war traitors, and war rebels are not exchanged according 
 to the common law of war. The exchange of such persons would 
 require a special cartel, authorized by the government, or, at a great 
 distance from it, by the chief commander of the army in the field. 
 
 104. A successful spy or war traitor, safely returned to his own army, 
 and afterwards captured as an enemy, is not subject to punishment for 
 his acts as a spy or war traitor, but he may be held in closer custody as 
 a person individually dangerous. 
 
 SECTION VI. 
 Exctynge of prisoners Flags of truce 1 Flags of protection. 
 
 105. Exchanges of prisoners take place, number for number, rank 
 for rank, wounded for wounded, with added condition for added con- 
 dition, such, for instance, as not to serve for a certain period. 
 
 1 FLAGS OF TRUCE. 
 
 1. Dtepatch of flag. Communication by flag of truce, being an exception to the fundamental rule of 
 nonintercourse between belligerents, is not to be resorted to except by the authority of the President 
 or the commanding general of the army or forces operating against the enemy in the field. No inferior 
 commander is empowered to resort to the use of a flag of truce except by the direction of such author- 
 ized superior. 
 
 2. The party sent out with a flag of truce should be commanded by a commissioned officer designated 
 for the purpose. His command should consist of such number of noncommissioned officers amlsoldiers 
 as may be requisite for the purposes of the mission, and no more; the party should be reduced to the 
 least number that may be adequate andreasonable. No military personnot a constituent of the party, 
 and no civilian, should be allowed to accompany the flag, except by the express authority of the com- 
 mander dispatching the same. 
 
 3. The officer commanding the party, or bearer proper, should be furnished with specific instructions, 
 in writing if practicable, informing and directing him precisely as to his function and duties, Com- 
 munications committed to him to be conveyed to the eneinv should, if practicable, be in writing. 
 
 4. The officer in charge should comply literally and exactly with his instructions, not exceeding 
 them. On approaching the enemy's lines he should exhibit the flag, or white signalemployed as such, 
 in time and in such a manner as to prevent his party being fired upon. He should deliver his dis- 
 patches, if any, to an officer duly authorized to receive them, should receive and carefully retain such 
 dispatches as may be delivered to him, and, his mission being completed, should return as promptly 
 as possible within his own lines. During his absence he shouldreq uire his escort to confine themselves 
 to their strict duties, and prohibit their holding any communication, except such as may be absolutely 
 necessary, with the military persons or civilians within the enemy's lines. 
 
 5. The officer in charge, on his return, is to make at once to the commander by whose order he was 
 dispatched a full report of the performance of his mission, including his precise communications to the 
 
THE MILITARY LAWS OF THE UNITED STATES. 793 
 
 106. In exchanging prisoners of war, such numbers of persons of 
 inferior rank may be substituted as an equivalent for one of superior 
 rank as may be agreed upon by cartel, which requires the sanction of 
 the Government or of the commander of the army in the field. 
 
 107. A prisoner of war is in honor bound truly to state to the captor 
 his rank, and he is not to assume a lower rank than belongs to him, in 
 order to cause a more advantageous exchange, nor a higher rank, for 
 the purpose of obtaining better treatment. 
 
 Offenses to the contrary have been justly punished by the com- 
 manders of released prisoners, and may be good cause for refusing to 
 release such prisoners. 
 
 108. The surplus number of prisoners of war remaining after an 
 exchange has taken place is sometimes released either for the payment 
 of a stipulated sum of money, or, in urgent cases, of provision, cloth- 
 ing, or other necessaries. 
 
 Such arrangement, however, requires the sanction of the highest 
 authority. 
 
 109. The exchange of prisoners of war is an act of convenience to 
 both belligerents. If no general cartel has been concluded it can not 
 be demanded by either of them. No belligerent is obliged to exchange 
 prisoners of war. 
 
 enemy and the precise acts and communications of the enemy in reply thereto. He should furnish 
 also a list of all persons, if any, accompanying the flag or returning with it, such as exchanged pris- 
 oners, persons authorized to pass the lines, etc., with the fact of their examination and all obtainable 
 particulars of their character and purposes. 
 
 6. Reception of flag. By the law of nations, the bearer in good faith of a flag of truce is, with his 
 escort, inviolable. The flag is not to be tired upon, nor the bearer, or persona properly accompanying 
 him, to be made prisoners. They are to be r/aceived with respect and treated with courtesy, and at the 
 end of their mission to be allow eel to return without impediment. Where unavoidably detained, they 
 will, if necessary, properly be sheltered and subsisted and their animals foraged. 
 
 7. But as a flag of truce may be employed as a cover for illegal designs, the party should not be 
 allowed to enter within the outer line of guards or pickets in the absence of express authority from 
 the commander of the forces, and such precautions should be taken as to prevent their making 
 observations or obtaining information. 
 
 8. The flag should either be met by another flag on the neutral ground or territory intervening 
 between the hostile lines, or, on its arrival near the outer line, should be halted by the nearest senti- 
 nel or vedette and ordered to face in the direction from which it came. The sentinel or vedette will 
 then, through his corporal, communicate the arrival of the flag to the officer in command of the nearest 
 picket post or guard, who will himself proceed, or will send a commissioned or noncommissioned offi- 
 cer, with a small detachment, to meet the flag and ascertain its object, of which he will at once cause 
 information to be transmitted to the chief commander. The commander, if he desires to receive the 
 flag, which, in discretion, he may refuse to do, will thereupon dispatch a commissioned officer, with 
 suitable escort and proper instructions, to formally receive the flag and respond officially to its com- 
 munications, or to take charge of such dispatches as the bearer may desire to have forwarded to the 
 commander, returning later with the response, if any. 
 
 9. Should the officer in charge of the flag insist, in obedience to his instructions, upon a personal 
 interview with the chief commander, the latter may, in his discretion, refuse such interview, or he 
 may proceed to meet the flag in person, or he may cause the bearer to be conducted to his headquar- 
 ters, or other place appointed, his eyes being bandaged if deemed expedient. But no member of his 
 escort should, except by express authority, be admitted with him within the lines. 
 
 10. Where, indeed, the flag is employed as a means of safe conduct for exchanged prisoners, hostages, 
 refugees, or other civilians permitted by proper authority to pass the lines, these may be admitted by 
 the authority of the chief commander, after having been carefully examined to ascertain if they have 
 in their possession supplies or merchandise. They should be allowed to bring in with them only 
 necessary personal effects. 
 
 11. Until the purpose of a flag of truce is accomplished and the party returns, the bearer and those 
 accompanying him (except so far as admitted by authority within the lines) will remain halted in the 
 same or other appointed place, in the presence of an adequate guard, or, if unusual delay be involved, 
 may be allowed to make camp, under proper observation. During their stay no conversation should 
 
 . be held with them on any subject directly or indirectly relating to military or public affairs, and the 
 guard attending them should be accompanied by a commissioned or noncommissisned officer to insure 
 the observance of this precaution. 
 
 12. Should the officer in charge of the flag, or any of his escort, be detected in an attempt to obtain 
 illicit information, or in any other form ot abuse of the privilege of the flag, or should there arise a 
 reasonable ground of suspicion that the flag has not been dispatched, or is not being employed, in 
 good faith, the bearer and those implicated may be detained for investigation and punishment accord- 
 ing to the laws of war. (G. O., No. 43, Headquarters of the Army, May 20, 1893.) 
 
794 THE MILITARY LAWS OP THE UNITED STATES. 
 
 A cartel is voidable as soon as either party has violated it. 
 
 110. No exchange of prisoners shall be made except after complete 
 capture, and after an accurate account of them, and a list of the 
 captured officers has been taken. 
 
 111. The bearer of a flag of truce can not insist upon being admitted. 
 He must always be admitted with great caution. Unnecessary fre- 
 quency is carefully to be avoided. 
 
 112. If the bearer of a flag of truce offer himself during an engage- 
 ment, he can be admitted as a very rare exception only. It is no 
 breach of good faith to retain such flag of truce, if admitted during 
 the engagement. Firing is not required to cease on the appearance of 
 a flag of truce in battle. 
 
 113. If the bearer of a flag of truce, presenting himself during an 
 engagement, is killed or wounded, it furnishes no ground of complaint 
 whatever. 
 
 114. If it be discovered, and fairly proved, that a flag of truce has 
 been abused for surreptitiously obtaining military knowledge, the 
 bearer of the flag thus abusing his sacred character is deemed a spy. 
 
 So sacred is the character of a flag of truce, and so necessary is its 
 sacredness, that while its abuse is an especially heinous offense, great 
 caution is requisite, on the other hand, in convicting the bearer of a 
 flag of truce as a spy. 
 
 115. It is customary to designate by certain flags (usually yellow) 
 the hospitals in places which are shelled, so that the besieging enemy 
 may avoid firing on them. The same has been done in battles when 
 hospitals are situated within the field of the engagement. 
 
 116. Honorable belligerents often request that the hospitals within 
 the territory of the enemy may be designated, so that they may be 
 spared. 
 
 An honorable belligerent allows himself to be guided by flags or 
 signals of protection as much as the contingencies and the necessities 
 of the fight will permit. 
 
 117. It is justly considered an act of bad faith, of infamy or fiendish- 
 ness, to deceive the enemy by flags of protection. Such act of bad faith 
 may be good cause for refusing to respect such flags. 
 
 118. The besieging belligerent has sometimes requested the besieged 
 to designate the buildings containing collections of works of art, scien- 
 tific museums, astronomical observatories, or precious libraries, so that 
 their destruction may be avoided as much as possible. 
 
 SECTION VII. 
 
 The parole. 
 
 119. Prisoners of war may be released from captivity by exchange, 
 and, under certain circumstances, also by parole. 
 
 120. The term parole designates the pledge of individual good faith 
 and honor to do, or to omit doing, certain acts after he who gives his 
 
THE MILITARY LAWS OF THE UNITED STATES. 795 
 
 parole shall have been dismissed, wholly or partially, from the power of 
 the captor. 
 
 121. The pledge of the parole is always an individual, but not a pri- 
 vate act. 
 
 122. The parole applies chiefly to prisoners of war whom the captor 
 allows to return to their country or to live in greater freedom within 
 the captor's country or territory on conditions stated in the parole. 
 
 123. Eelease of prisoners of war by exchange is the general rule; 
 release by parole is the exception. 
 
 124. Breaking the parole is punished with death when the person 
 breaking the parole is captured again. 
 
 Accurate lists, therefore, of the paroled persons must be kept by the 
 belligerents. 
 
 125. When paroles are given and received there must be an exchange 
 of two written documents, in which the name and rank of the paroled 
 individuals are accurately and truthfully stated. 
 
 126. Commissioned officers only are allowed to give their parole, and 
 they can give it only with the permission of their superior, as long as a 
 superior in rank is within reach. 
 
 127. No noncommissioned officer or private can give his parole except 
 through an officer. Individual paroles not given through an officer are 
 not only void, but subject the individuals giving them to the punish- 
 ment of death as deserters. The only admissible exception is where 
 individuals, properly separated from their commands, have suffered 
 long confinement without the possibility of being paroled through an 
 officer. 
 
 128. No paroling on the battlefield, no paroling of entire bodies of 
 troops after a battle, and no dismissal of large numbers of prisoners, 
 with a general declaration that they are paroled, is permitted or of any 
 value. 
 
 129. In capitulations for the surrender of strong places or fortified 
 camps the commanding officer, in cases of urgent necessity, may agree 
 that the troops under his command shall not fight again during the 
 war unless exchanged. 
 
 130. The usual pledge given in the parole is not to serve during the 
 existing war unless exchanged. 
 
 This pledge refers only to the active service in the field, against the 
 paroling belligerent or his allies actively engaged in the same war. 
 These cases of breaking the parole are patent acts, and can be visited 
 with the punishment of death 5 but the pledge does not refer to internal 
 service, such as recruiting or drilling the recruits, fortifying places not 
 besieged, quelling civil commotions, fighting against belligerents uncon- 
 nected with the paroling belligerents, or to civil or diplomatic service 
 for which the paroled officer may be employed. 
 
 131. If the Government does not approve of the parole, the paroled 
 officer must return into captivity, and should the enemy refuse to receive 
 him, he is free of his parole. 
 
796 THE MILITARY LAWS OF THE UNITED STATES. 
 
 132. A belligerent government may declare, by a general order, 
 whether it will allow paroling, and on what conditions it will allow it. 
 Such order is communicated to the enemy. 
 
 133. No prisoner of war can be forced by the hostile government to 
 parole himself, and no government is obliged to parole prisoners of war 
 or to parole all captured officers if it paroles any. As the pledging of 
 the parole is an individual act, so is paroling, on the other hand, an act 
 of choice on the part of the belligerent. 
 
 134. The commander of an occupying army may require of the civil 
 officers of the enemy, and of its citizens, any pledge he may consider 
 necessary for the safety or security of his army, and upon their failure 
 to give it he may arrest, confine, or detain them. 
 
 SECTION VIII. 
 
 Armistice Capitu lation. 
 
 135. An armistice is the cessation of active hostilities for a period 
 agreed between belligerents. It must be agreed upon in writing, and 
 duly ratified by the highest authorities of the contending parties. 
 
 136. If an armistice be declared, without conditions, it extends no 
 further than to require a total cessation of hostilities along the front of 
 both belligerents. 
 
 If conditions be agreed upon, they should be clearly expressed, and 
 must be rigidly adhered to by both parties. If either party violates 
 any express condition, the armistice may be declared null and void by 
 the other. 
 
 137. An armistice may be general, and valid for all points and lines 
 of the belligerents, or special, that is, referring to certain troops or 
 certain localities only. 
 
 An armistice maybe concluded for a definite time or for an indefinite 
 time, during which either belligerent may resume hostilities on giving 
 the notice agreed upon to the other. 
 
 138. The motives which induce the one or the other belligerent to 
 conclude an armistice, whether it be expected to be preliminary to a 
 treaty of peace or to prepare during the armistice for a more vigorous 
 prosecution of the war, does in no way affect the character of the 
 armistice itself. 
 
 139. An armistice is binding upon the belligerents from the day of 
 the agreed commencement; but the officers of the armies are respon- 
 sible from the day only when they receive official information of its 
 existence. 
 
 140. Commanding officers have the right to conclude armistices bind- 
 ing on the district over which their command extends, but such armis- 
 tice is subject to the ratification of the superior authority, and ceases so 
 soon as it is made known to the enemy that the armistice is not ratified, 
 even if a certain time for the elapsing between giving notice of cessa- 
 tion and the resumption of hostilities should have been stipulated for. 
 
THE MILITARY LAWS OF THE UNITED STATES. 797 
 
 141. It is incumbent upon the contracting parties of an armistice to 
 stipulate what intercourse of persons or traffic between the inhabitants 
 of the territories occupied by the hostile armies shall be allowed, if any. 
 If nothing is stipulated, the intercourse remains suspended, as during 
 actual hostilities. 
 
 142. An armistice is not a partial or a temporary peace; it is only 
 the suspension of military operations to the extent agreed upon by the 
 parties. 
 
 143. When an armistice is concluded between a fortified place and 
 the army besieging it, it is agreed by all the authorities on this subject 
 that the besieger must cease all extension, perfection, or advance of 
 his attacking works as much so as from attacks by main force. 
 
 But as there is a difference of opinion among martial jurists whether 
 the besieged have the right to repair breaches or to erect new works 
 of defense within the place during an armistice, this point should be 
 determined by express agreement between the parties. 
 
 144. So soon as a capitulation is signed, the capitulator has no right 
 to demolish, destroy, or injure the works, arms, stores, or ammunition 
 in his possession during the time which elapses between the signing 
 and the execution of the capitulation, unless otherwise stipulated in 
 the same. 
 
 145. When an armistice is clearly broken by one of the parties, the 
 other party is released from all obligation to observe it. 
 
 146. Prisoners taken in the act of breaking an armistice must be 
 treated as prisoners of war, the officer alone being responsible who 
 gives the order for such a violation of an armistice. The highest 
 authority of the belligerent aggrieved may demand redress for the 
 infraction of an armistice. 
 
 147. Belligerents sometimes conclude an armistice while their pleni- 
 potentiaries are met to discuss the conditions of a treaty of peace; but 
 plenipotentiaries may meet without a preliminary armistice; in the 
 latter case, the war is carried on without any abatement. 
 
 SECTION IX. 
 
 Assassination. 
 
 148. The law of war does not allow proclaiming either an individual 
 belonging to the hostile army or a citizen or a subject of the hostile 
 government an outlaw who may be slain without trial by any captor, 
 any more than the modern law of peace allows such intentional out- 
 lawry; on the contrary, it abhors such outrage. The sternest retalia- 
 tion should follow the murder committed in consequence of such 
 proclamation, made by whatever authority. Civilized nations look 
 with horror upon offers of rewards for the assassination of enemies as 
 relapses into barbarism. 
 
798 THE MILITARY LAWS OF THE UNITED STATES. 
 
 SECTION X. 
 
 Insurrection Civil war Rebellion. 
 
 149. Insurrection is the rising of people in arms against their gov- 
 ernment or a portion of it, or against one or more of its laws, or against 
 an officer or officers of the government. It may be confined to mere 
 armed resistance, or it may have greater ends in view. 
 
 150. Civil war is war between two or more portions of a country or 
 state, each contending for the mastery of the whole, and each claiming 
 to be the legitimate government. The term is also sometimes applied 
 to war of rebellion, when the rebellious provinces or portions of the 
 state are contiguous to those containing the seat of government. 
 
 151. The term rebellion is applied to an insurrection of large extent, 
 and is usually a war between the legitimate government of a countrv 
 and portions of provinces of the same who seek to throw off their alle- 
 giance to it and set up a government of their own. 
 
 152. When humanity induces the adoption of the rules of regular 
 war toward rebels, whether the adoption is partial or entire, it does in 
 no way whatever imply a partial or complete acknowledgment of their 
 government, if they have set up one, or of them as an independent or 
 sovereign power. Neutrals have no right to make the adoption of the 
 rules of war by the assailed government toward rebels the ground of 
 their own acknowledgment of the revolted people as an independent 
 power. 
 
 153. Treating captured rebels as prisoners of war, exchanging them, 
 concluding of cartels, capitulations, or other warlike agreements with 
 them, addressing officers of a rebel army by the rank they may 
 have in the same, accepting flags of truce, or, on the other hand, 
 proclaiming martial law in their territory, or levying war taxes or 
 forced loans, or doing any other act sanctioned or demanded by the law 
 and usages of public war between sovereign belligerents, neither proves 
 nor establishes an acknowledgment of the rebellious people, or of the 
 government which they may have erected, as a public or sovereign 
 power. Nor does the adoption of the rules of war toward rebels imply 
 an engagement with them extending beyond the limits of these rules. 
 It is victory in the field that ends the strife and settles the future rela- 
 tions between the contending parties. 
 
 154. Treating, in the field, the rebellious enemy according to the law 
 and usages of war has never prevented the legitimate government 
 from trying the leaders of the rebellion or chief rebels for high treason, 
 and from treating them accordingly, unless they are included in a gen- 
 eral amnesty. 
 
 155. All enemies in regular war are divided into two general classes 
 that is to say, into combatants and noncombatants, or unarmed citizens 
 of the hostile government. 
 
 The military commander of the legitimate government, in a war of 
 
THE MILITARY LAWS OF THE UNITED STATES. 799 
 
 rebellion, distinguishes between the loyal citizen in the revolted portion 
 of the country and the disloyal citizen. The disloyal citizen may fur- 
 ther be classified into those citizens known to sympathize with the 
 rebellion without positively aiding it, and those who, without taking 
 up arms, give positive aid and comfort to the rebellious enemy without 
 being bodily forced thereto. 
 
 156. Common justice and plain expediency require that the military 
 commander protect the manifestly loyal citizens in revolted territories 
 against the hardships of the war as much as the common misfortune of 
 all war admits. 
 
 The commander will throw the burden of the war, as much as lies 
 within his power, on the disloyal citizens of the revolted portion or 
 province, subjecting them to a stricter police than the noncombatant 
 enemies have to suffer in regular war; and if he deems it appropriate, 
 or if his government demands of him that every citizen shall, by an 
 oath of allegiance or by some other manifest act, declare his fidelity 
 to the legitimate government, he may expel, transfer, imprison, or fine 
 the revolted citizens who refuse to pledge themselves anew as citizens 
 obedient to the law and loyal to the government. 
 
 Whether it is expedient to do so, and whether reliance can be placed 
 upon such oaths, the commander or his government have the right to 
 decide. 
 
 157. Armed or unarmed resistance by citizens of the United States 
 against the lawful movements of their troops is levying war against 
 the United States, and is therefore treason. 
 
INDEX. 
 
 [The references are to paragraphs unless pages are indicated. Articles of War arc indicated by 
 their numbers, the letters A. W, following the number of the article.] 
 
 Absence : 
 
 certificates of, 12 A. "W. 
 
 from parade, etc., 33 A. W. 
 
 one mile from camp, etc., 34 A. "W. 
 
 with leave. (See Leaves of Absence and Fur- 
 loughs.) 
 
 without leave, 950, 1051, 32 A. W. 
 Accountability (see Accounts and Property Ac- 
 countability) : 
 
 arms, etc. ,10 A. W. 
 
 clothing, 573. 
 
 money, 130-133, 134-148, 495, 496. 
 
 ordnance, 869, 870. 
 
 property, 1230-1235. 
 
 quartermaster stores, 573. 
 
 signal property, 921, 922. 
 Accountant. (See Expert Accountant.) 
 Accounting : 
 
 accounts, rendition of, 132, 495, 496. 
 
 administrative examination, 153. 
 
 appeals to Comptroller, 141. 
 
 auditors, 138-165. 
 
 certificates of differences, 142. 
 
 certified balances, 141. 
 
 Comptroller, 134-165. 
 
 clothing, 573. 
 
 deceased officers' effects, 993, 994. 
 
 decisions of Auditors, 139-145. 
 Comptroller, 136. 
 
 differences, certificates of, 142. 
 
 evidence, new, when received, 143. 
 
 examination of accounts, 136-139, 141, 142, 145, 
 151-159. 
 
 forms for, 135. 
 
 ordnance, 869, 870. 
 
 property, 1230-1237. 
 
 reopening, 143, 156. 
 
 rules for, to be made by heads of Executive 
 Departments, 153. 
 
 rules for, to be made by Secretary of Treasury, 
 152. 
 
 signal property, 921, 922. 
 
 vouchers, preservation of, 144. 
 Accounting Officers : 
 
 appeals from, to Comptroller, 141. 
 
 1919 51 
 
 Accounting Officers Continued. 
 
 auditors, 138-165. 
 certificates of differences, 142. 
 certification of records, 150. 
 certified balances conclusive, 141. 
 claims, 156, 164, 165; note, 198-215, 298-302. 
 claims, settled, not to be reopened, 156. 
 Comptroller, 134-165. 
 debts, recovery of, 140. 
 decisions by, 136, 141, 145. 
 
 review of, by Comptroller, 145. 
 designation of, 138, 139. 
 discharges to be returned by, 162. 
 distress warrants, 235-249. 
 duties, 134-165. 
 examination of accounts, 136-139, 141, 142, 151, 
 
 152-157, 158, 159, 160, 161. 
 forms for use in accounting, 135. 
 lost checks, 163, 514. 
 overpayments, 161. 
 powers, 134-165. 
 preservation of records, 144. 
 property accountability, 1230-1233. 
 rendition of accounts, 132, 495, 496. 
 requisitions for advances of funds, 146. 
 settlements by, 137, 143, 145, 159, 160, 161. 
 stoppages, 636, 637. 
 suspensions, 143. 
 transcripts of records, 150. 
 transfer of duties, 155, 
 warrants, 146. 
 
 warrants of, refusal to pay, 506. 
 Accounts (see Accountability and Accounting 
 
 Officers) : 
 
 appeals from decisions of auditors, 141. 
 appropriations to be kept distinct, 233. 
 auditors, 138-165. 
 balances, certification of, 141. 
 certificates of differences, 142. 
 clothing, 563, 565. 
 Comptroller, 134-165. 
 debts, recovery of, 140. 
 decisions of Comptroller, 136. 
 deficiencies, 133, 636, 637. 
 delinquency in rendition of, 132, 133. 
 differences, certificates of, 142. 
 
 801 
 
802 
 
 INDEX. 
 
 Accounts Continued. 
 
 entries of receipts and payments, 487. 
 
 examination of claims, 149. 
 
 fiscal year, 131. 
 
 forms for, 135. 
 
 funds, receipt and transfer of, 487. 
 
 how kept, 233. 
 
 indebtedness of delinquents, report of, 133. 
 
 Indian affairs, 383. 
 
 Land Office, 378. 
 
 lost checks, 163. 
 
 mailing, 132. 
 
 monthly, to be rendered, 495. 
 
 new evidence in accounting, 143. 
 
 outstanding for three years, 220. 
 
 overpayments, allowance in settlement, 161. 
 
 preservation of, 144. 
 
 records, certification of, 150. 
 
 rendition of, 132, 495, 496, 502. 
 
 reopening of, 143, 156. 
 
 separate accounts of appropriations, 233. 
 
 settled, not to be reexamined, 156. 
 
 settlements may be ordered by Comptroller, 137. 
 
 statements of differences, 142. 
 
 stoppages, 636, 637. 
 
 suspended items, 143. 
 
 transmission, 132. 
 
 Volunteer homes, supervision of, 524. 
 
 vouchers to be preserved, 144. 
 
 "War Department, 139, 153. 
 
 where audited, 138, 139. 
 Accused : 
 
 as witness, 1346. 
 
 Acting Hospital Stewards. (See Hospital Corps.) 
 Adjutant-General : 
 
 appointment, 455, 516. 
 Adjutant-General's Department: 
 
 Adjutant-General, 455, 516. 
 
 appointments, 456, 516, 517. 
 
 assistant adjutants-general, 516, 517. 
 
 clerical force, 64. 
 
 correspondence, 516, note. 
 
 duties, 516; note, 518, 519. 
 
 inspection duty, 518. 
 
 orders, 516, note. 
 
 organization, 516. 
 
 promotions, 516. 
 
 recruiting service, 516, note. 
 
 returns, 519, 1249, 1250. 
 
 vacancies, how filled, 517. 
 Adjutants-General of Militia: 
 
 returns of, 81, 1249, 1250. 
 Adjutants: 
 
 regimental, 1071, 1075, 1078. 
 Advances of Funds : 
 
 forbidden, 146, 481. 
 Advertising : 
 
 authority for, 1151, 1154. 
 
 domestic productions favored, 1158, 1163. 
 
 in District of Columbia, 1156, 1157. 
 
 Pacific Coast, advertising to be done on, 1158. 
 
 rates, 1155, 1156, 1157. 
 
 written authority for, 1154. 
 Advising to Desert (51 A.W.): 
 
 Affidavits in- 
 administrative affairs, 531 . 
 
 oaths, by whom administered, 73, 74, 531. 
 
 settlement of clothing accounts, 73. 
 Agents : 
 
 disbursing, expenses of, 253. 
 
 employed by firms, not to be agents of United 
 
 States in dealing with firms, 126. 
 Agreements, Contractual. (See Contracts and 
 
 Purchases. ) 
 Agreements, International : 
 
 convention with Mexico, pp. 776-779. 
 
 Geneva convention, pp. 759-775. 
 Aids: 
 
 appointment, 442, note. 
 
 brigadier-general, 442. 
 
 lieutenant-general, 441. 
 
 major-general, 442. 
 
 military secretary, 441. 
 
 number, 442. 
 
 pay, 608. 
 
 qualifications, 442. 
 
 rank, 441, 442. 
 
 selection, 442. 
 
 tour of duty, 442, note. 
 Alarms: 
 
 false, 41 A. W. 
 
 Aliens. (See Citizenship and Naturalization.) 
 Allowances: 
 
 clothing, 562, 565. 
 
 discharged officers, 635. 
 
 forage, 559, 560, 571, note. 
 
 fuel, 559, 560, 571, note. 
 
 mileage, 630-635. 
 
 quarters, 571, 572. 
 
 rations, 580-586. 
 
 Alteration of Clothing, 567, 568. 
 American Manufactures and Productions: 
 
 preference for, in contracts, 883, 1158, 1163. 
 American Society of Civil Engineers: 
 
 programmes of tests, 895. 
 Ammunition : 
 
 wasting, 16 A. W. 
 Anchorage Grounds in 
 
 Chicago Harbor, 848, 849. 
 
 District of Columbia, 852-855. 
 
 New York Harbor, 850, 851. 
 Animals : 
 
 artillery horses, 1167, 1168. 
 
 bedding allowance, 559, note. 
 
 cavalry horses, 1167, 1168. 
 
 draft, 1169-1171. 
 
 forage allowance, 559, 560. 
 
 limitation on numbers of, 1168, 1169, 1171. 
 
 mules, 546, 547, 1170, 1171. 
 
 numbers of, 546, 549, 1168, 1169, 1171. 
 
 oxen, 1170. 
 
 purchases of, how made, 546-549, 1167, 1171. 
 
 Quartermaster's Department, 1167-1171. 
 Annual Reports: 
 
 appropriations of "War Department, 77, 78. 
 
 arrears of business, 48. 
 
 condition of business, 48. 
 
INDEX. 
 
 803 
 
 Annual Reports Continued, 
 contents, 50. 
 
 contingent expenses, military establishment, 78. 
 contingent funds, 47. 
 
 copies of documents for Public Printer, 51. 
 detailed employees, 48. 
 employees, 49. 
 
 below fair standard of efficiency, 55. 
 expenditures of "War Department, 77, 78. 
 proposals, etc., 79. 
 rented buildings, 54. 
 returns of militia, 81, 1249, 1250. 
 submitted at commencement of regular session 
 
 of Congress, 50. 
 
 time covered by, 50. 
 
 ' Antietam Battlefield: 
 
 battle lines, marking, etc., 1825-1829. 
 cannon, etc., 1827. 
 
 Crampton's Gap, marking lines at, 1829. 
 gun carriages, 1828. 
 Harpers Ferry, marking lines at, 1829. 
 lands, 1825, 1826, 1827, 1829. 
 maps, 1829. 
 
 marking lines, etc., 1825-1829. 
 monuments, etc., 1825-1829. 
 roads, 1827, 1828, 1829. 
 South Mountain, marking lines, etc., 1829. 
 tablets, 1825-1829. 
 Apparatus for Resection, 681, 682. 
 Appeals 
 
 from decisions of regimental courts, 1324. 
 in accounting, 141. 
 Appointing Power, 4. 
 Appointments 
 in military service, 937. 
 in staff, 455, 456. 
 to office, 4. 
 
 Appropriations (see Treasury Department) : 
 accounts, 132, 495, 496, 502. 
 advances forbidden, 481. 
 application, 176, 488. 
 balances, application of, 181, 182. 
 buildings, not to exceed, 512, 1147, 1149. 
 contingent, limitation on, 179. 
 exceeding, prohibited, 1147. 
 expenditure of 
 limitation, 176, 177. 
 not to exceed, 488. 
 incidental expenses, 179. 
 indefinite, 181. 
 
 miscellaneous expenses, limitation, 179. 
 permanent, 180, 181. 
 separate accounts of, 496. 
 unexpended balances, 181. 
 War Department, how drawn, 175. 
 Aqueduct. (See Washington Aqueduct.) 
 Armories (see Arsenals and Ordnance Depart- 
 ment), 896-912a. 
 
 Arms (see Armories and Arsenals, Ordnance De- 
 partment, Executive Departments, and the 
 Militia) : 
 
 accountability for, 10 A. W. 
 appropriations for, not to lapse, 912, 1282, 1283. 
 cost, how charged, 912. 
 
 Arms Continued, 
 distribution, 904, 1279-1282. 
 Executive Departments, issues to, 012a. 
 
 issues to militia, 904, 912, 1279-1283. 
 
 magazine, 909-911. 
 
 manufacture of, 896, 899, 906-912. 
 
 purchases, 1277. 
 
 States, 1275, 1279-1282, 1290, 1291. 
 
 system adopted, 906, 909-911. 
 
 Territories, 1275, 1279-1282, 1290, 1291. 
 Army of the United States: 
 
 command in, 443. 
 
 composition, 436. 
 
 Navy, transfers to, 370. 
 
 organization, 436. 
 
 promotion, rule of, 457. 
 
 strength, 438. 
 
 supplies for, to be marked, 1178. 
 
 transfers to Navy, 370. 
 Army Register: 
 
 authority for, 431, 432. 
 
 contents, 433-435. 
 
 enlisted service to appear, 435. 
 
 furnished to Congress, 431, 432. 
 
 lineal rank to appear, 435. 
 
 pay and emoluments to appear, 433. 
 
 rank, 434, 435. 
 
 service in volunteers, 435. 
 Army Regulations: 
 
 binding force, 429, note. 
 
 classification, 430, note. 
 
 evidential value, 429, note. 
 
 history, 430, note. 
 
 judicial notice, 429, note. 
 
 power to establish, 2 ; note, 429, 430. 
 
 power to issue, 429, note. 
 
 public have notice of, 429, note. 
 Arrears: 
 
 no salary payable to officers in, 115 
 Arrest (see Courts-Martial) : 
 
 deserters, 1048-1050. 
 
 in Indian country, 1488-1490. 
 
 military, 1292, 1294, 1295. 
 
 of officers, 65, 70, 71 A. W. 
 
 Arsenals (see Armories and Ordnance Depart- 
 ment) : 
 
 abolition of useless, 900. 
 
 arms, distribution of, 901, 904, 1279-1285. 
 
 clerks, 897. 
 
 employees at armories, 896-898. 
 
 enticing away of 'workmen, 902. 
 
 establishment, 896. 
 
 inspectors, 897, 898. 
 
 inventions, money not to be expended in per- 
 fecting, 908. 
 
 issues of arms, etc., 904, 912a, 1279-1282. 
 
 jury duty, exemption of employees, 905. 
 
 manufacture of magazine arms, 910-913. 
 
 master armorer, 896, 897, 898. 
 
 military storekeepers' bonds, 898. 
 
 misconduct of workmen, 903. 
 
 reports of expenses, 899. 
 
 royalties to officers, etc., prohibited, 907. 
 
 superintendents, 896. 
 
 workmen, 896, 902, 903, 905. 
 
804 
 
 INDEX. 
 
 Arson, 1496. 
 
 Articles of War (see Courts-Martial and Military 
 
 Tribunals) : 
 
 absence from parade, etc., 33 A. "W. 
 absence without leave, 32 A. "W. 
 accountability for arms, etc., 10 A. TV. 
 accouterments, losing, spoiling, etc., 17 A. W. 
 accuser or prosecutor, 72, 73 A. TV. 
 accused, arraignment, 89 A. TV. 
 
 counsel, 90 A. TV. 
 
 copy of charges, 71 A. TV. 
 
 entitled to copy of record, 1 14 A. TV. 
 affirmation, 92 A. W. 
 alarms, false, 41 A. TV. 
 allowing duels, 27 A. TV. 
 ammunition, wasting, 16 A. "W". 
 approval of sentences, 104-111 A W. 
 arrest of officers, 65 A. W. 
 
 duration of, 70, 71 A. W. 
 
 release, 70, 71 A. W. 
 behavior of members, 87 A. TV. 
 branding, etc., 98 A. TV. 
 camp, retainers to, 63 A. TV. 
 challenges 
 
 to duels, 26 A. W. 
 
 to members, 88 A. "W. 
 
 charges, copy to be furnished accused, 71 A. "W. 
 civil authority, delivery of offender to, 59 A. W. 
 command when different corps join, 122 A. TV. 
 commanders not to be interested in sale of vict- 
 uals, etc., 18 A. TV. 
 
 commanding officer, disrespect to, 20 A. "W. 
 conduct prejudical to good order, etc., 62 A. W. 
 conduct unbecoming an officer and gentleman, 
 
 61 A. W. 
 
 confinement of enlisted men, 66-70 A. "W. 
 confirmation of sentences, 104-111 A. TV. 
 Congress, disrespectful words concerning, 19 
 
 A. TV. 
 
 contempts of court, 86 A. TV. 
 contemptuous words, 19 A. W. 
 continuances, 93 A. TV. 
 courts of inquiry, 116-121 A. "W". 
 
 authentication of proceedings, 120 A. TV. 
 
 composition, 115 A. "W. 
 
 constitution, 115 A. W. 
 
 evidence, proceedings as, 121 A. W. 
 
 oaths of members and recorder, 117 A. W. 
 
 opinion, when furnished, 119 A. TV. 
 
 record as evidence, 121 A. TV. 
 
 witnesses, 119 A. "W. 
 cowardice, 42 A. W". 
 
 crimes during war, insurrection, etc., 58 A. TV. 
 damages to stores, 15 A. W. 
 death sentences, 47, 96, 105, 111 A. "W". 
 deceased officer, effect*, 125, 127 A. TV. 
 deceased soldier, effects, 126, 127 A. W. 
 delivery of offender to civil authority, 59 A. TV. 
 depositions, 91 A. "W. 
 desertion, 47-51 A. W. 
 
 advising, 51 A. W. 
 
 limitation in, 103. 
 
 penalty, 47, 48 A. "W". 
 
 resignation, 49 A. "W". 
 destruction of property, 55 A. W. 
 discharges, 4 A. TV. 
 
 Articles of War Continued, 
 discipline 
 
 conduct prejudicial to, 62 A. TV. 
 
 maintenance of, on march and in quarters. 54, 
 
 55, 56 A. W. 
 
 dismissal of officer, 99, 106, 107, 111 A. W. 
 disrespectful words, 19, 20 A. "W. 
 disrespect to commanding officer, 20 A. TV. 
 divine service, misconduct at, 52 A. TV. 
 drunkenness on duty, 38 A. "W". 
 duels, 26, 27, 28 A. TV. 
 duty, drunkenness on, 38 A. "W. 
 
 hiring, 36 A. "W. 
 embezzlement, etc., 60 A. "W". 
 enacting clause, sec. 1342 R. S., p. 704. 
 enemy, corresponding with, 46 A. "W. 
 
 relieving, 45 A. TV. 
 
 enlisting without discharge, 50 A. "W. 
 enlistments unlawful, penalty, 3 A. "W". 
 false alarms, 41 A. TV. 
 false certificates, 13 A. W. 
 false muster, 5, 14 A. W. 
 false returns, 8 A. W. 
 
 field-officers courts (see Regimental Courts- 
 Martial), 80, 83 A. W. 
 
 approval of proceedings, 104, 109, 110 A. W. 
 
 composition, 80 A. "W. 
 
 constitution, 80 A. "W". 
 
 jurisdiction, 80, 83 A. W. 
 
 limits of punishment, p. 704. 
 
 pardon and mitigation, 112 A. TV. 
 
 sentences, sec. 1342 R. S., p. 704, and 83 A. TV. 
 flogging, 98 A. W. 
 fraud, embezzlement, etc., 60 A. W. 
 furlough, 11 A. W. 
 
 garrison courts-martial (see Summary Courts), 
 82 A. TV. 
 
 approval of proceedings, 104, 109 A. TV. 
 
 behavior of members, 87 A. "W. 
 
 composition, 82 A. "W. 
 
 constitution, 82 A. "W. 
 
 judge-advocate, 74, 90 A. "W". 
 
 jurisdiction, 82, 83 A. TV. 
 
 limits of punishment, 83 A. "W., p. 704. 
 
 oaths, 84, 85 A. TV. 
 
 pardon and mitigation, 112 A. W. 
 
 sentences, 83 A. TV., p. 704. 
 general courts-martial, 72, 73. 
 
 approval of sentences, 104-108 A. TV. 
 
 behavior of members, 87 A. W. 
 
 challenges, 88 A. W. 
 
 composition, 75-79 A. TV. 
 
 confinement in penitentiary, 97 A. W. 
 
 constitution, 72, 73 A. "W". 
 
 continuances, 93 A. "W. 
 
 depositions, 91 A. TV. 
 
 dismissal of officers, 99, 105, 106, 111 A. TV. 
 
 execution of sentences, 104-109, 111, 112 A. TV. 
 
 general officers, sentences respecting, 108 
 A. TV. 
 
 hours of session, 94 A. W. 
 
 inferior in rank, 79 A. TV. 
 
 judge-advocates, 74, 84, 90 A. TV. 
 
 limits of punishment, p. 704. 
 
 number of officers, 75 A. TV. 
 
 oaths, 84, 85 A. W. 
 
INDEX. 
 
 805 
 
 Articles of War Continued, 
 general courts-marshal Continued. 
 
 order of voting, 95 A. "W. 
 
 pardon and mitigation, 112 A. "W. 
 
 proceedings, final disposition, 113 A. "W". 
 
 sessions, 94 A. "W. 
 
 suspension of officers' pay, 101 A. W. 
 
 voting, 95 A. "W. 
 
 general officers, sentences respecting, 108 A. ~\V. 
 good order on march, etc., 54 A. "W". 
 gratification or reward for muster, G A. W. 
 hiring duty, 36 A. "W. 
 horses, losing, spoiling, etc., 17 A. W. 
 hours of session, 94 A. W. 
 judge-advocates, 74, 84, 85, 90, 92, 113 A. W. 
 limitation of prosecution 
 
 in desertion, 103 A. "W. 
 
 in general, 103 A. W. 
 limits of punishment, p. 704. 
 marines, when subject to, 367. 
 marking, tattooing, etc., 98 A. "W. 
 members of courts-martial, 75-79 A. W. 
 military discipline, conduct prejudicial to, 62 
 
 A.W. 
 
 militia subject to, 1507, 64 A. W. 
 misbehavior before enemy, 42 A. W. 
 muster, false, 5, 14 A. W. 
 musters, 5, 6, 13, 14, A.W. 
 mutiny, 22, 33 A. W. 
 
 National Home, etc., inmates subject to, 1769. 
 neglect of duty, 62 A. W. 
 neglects, etc., prejudicial to military discipline, 
 
 62 A. W. 
 
 oath of enlistment, 2 A. W. 
 oaths, 2, 84, 85, 92 A. W. 
 
 enlistment, 2 A. W. 
 
 judge-advocate, 85 A. "W. 
 
 member, 84 A. W. 
 
 witness, 92 A. W. 
 oaths, profane, 53 A. "W. 
 officer and gentleman, conduct unbecoming, 61 
 
 A.W. 
 officers to keep good order in commands, 54 
 
 A.W. 
 
 officers to subscribe to, 1 A. W. 
 officers, triable b# general courts-martial only, 
 
 79 A. W. 
 
 one mile from camp without leave, 34 A. W. 
 order to be kept in quarters and on the march, 
 
 54 and 55 A. W. 
 
 pardon and mitigation, 112 A. W. 
 penitentiaries- 
 confinement in, 97 A. W. 
 
 sentences to, 97 A. W. 
 persons subject to 
 
 Army of the United States, 1, 2, 64 A. W. 
 
 inmates National Home, 1769. 
 
 inmates Soldiers' Home, 1728. 
 
 marines serving with land forces, 78 A. W. 
 
 militia, in time of war, 1507, 64 A. W. 
 
 persons serving with armies in field, 63 A. W. 
 
 Regular Army, 1, 2. 
 
 retainers to camp, 63 A. W. 
 
 retired enlisted men, 1028, note. 
 
 retired officers, 985. 
 
 volunteers, 64 A. W. 
 
 Articles of War Continued, 
 pleas, 89 A. W. 
 President, contemptuous or disrespectful words 
 
 concerning, 19 A. W. 
 prisoner 
 
 charges against, 67 A. W. 
 
 confinement of, 66, 67, 68, 69 A. W. 
 
 escape of, 69 A. W. 
 
 receiving by provost-marshal, etc., 68 A. W. 
 
 release of, 69 A. W. 
 
 report of, 68 A. W. 
 profane oaths, 53 A. W. 
 property- 
 captured, 9 A. W. 
 
 returns, 10 A. W. 
 publication of 
 
 Articles of War, 128 A. W. 
 
 sentences, 100 A. W. 
 punishment, limits of, p. 704. 
 punishments prohibited, 98 A. W. 
 quarrels, frays, etc., 24 A. W. 
 quarters, lying out of, 31 A. W. 
 quelling mutiny, 23 A. W. 
 quitting guard, 40 A. W. 
 rank of regular and volunteer officers, 122, 123 
 
 A.W. 
 read, once in six months to regiments, etc., 128 
 
 A.W. 
 
 records of general courts-martial forwarded to 
 Judge- Advocate-General, 113 A. W. 
 
 party entitled to copy, 114 A. W. 
 recruits, articles to be read to, 2 A. W. 
 redress of wrongs 
 
 enlisted men, 30 A. W. 
 
 officers, 29 A. W. 
 
 regimental courts-martial (see Field - Officers 
 Courts), 81 A. W. 
 
 appeals from, 30 A. W. 
 
 approval of proceedings, 104, 109 A. W. 
 
 behavior of members, 87 A. W. 
 
 composition, 81 A. W. 
 
 constitution, 81 A. W. 
 
 judge-advocate, 74, 81, 84, 85, 90 A. W. 
 
 jurisdiction, 81, 83 A. W. 
 
 limits of punishment, 83 A. W., p. 704. 
 
 oaths, 84, 85 A. W. 
 
 pardon and mitigation, 112 A. W. 
 
 redressing wrongs, 30 A. W. 
 
 sentences, 83 A. W., p. 704. 
 regimental returns, 7 A. W. 
 relieving enemy, 45 A. W. 
 report of prisoners, 68 A. W. 
 reproachful speeches, 25 A. W. 
 retainers to camp, 63 A. W. 
 retreat, failing to retire to camp at, 35 A. W. 
 .returns, false, 8 A.W. 
 
 regimental, 7 A. W. 
 safeguard, forcing of, 57 A. W. 
 second trial for same offense, 102 A. W. 
 sentences, 96-101, 104-112 A. W. 
 
 approval and confirmation, 104-110 A. W. 
 
 death, 47, 96, 111 A. W. 
 
 dismissal of officer, 99, 107, 111 A. W. 
 
 flogging, 98 A. W. 
 
 general officers, 108 A. W. 
 
 limits of, p. 704. 
 
806 
 
 INDEX. 
 
 Articles of War Continued, 
 sentences Continued. 
 
 pardon and mitigation, 112 A. W. 
 
 penitentiary, 97 A. W. 
 
 publication, 100 A. W. 
 
 suspension of, 111 A. "W. 
 
 suspension of pay, etc., 101 A. "W. 
 sessions, hours of, 94 A. W. 
 sleeping on post, 39 A. "W. 
 Soldiers' Home, 1728, note, 
 soldiers subject to, p. 705. 
 spies, sec. 1343 E. S., p. 757. 
 standing mute, 89 A. W. 
 stores captured, 9 A. W. 
 striking superior officer, 21 A. W. 
 surrender, compelling of, 43 A. W. 
 suspension of officers' pay, 101 A. "W. 
 suspension of sentence, 111 A. "W. 
 troops, Articles of War, to be read to, 128 A. W. 
 troops, subject to Articles of War, 64 A. W. 
 twice in jeopardy, 102 A. W. 
 victuals, sale of, commanding officers not to be 
 
 interested in, 18 A. W. 
 violence to persons bringing in provisions, 56 
 
 A.W. 
 
 voting, order of, 95 A. "W. 
 watchword, disclosure of, 44 A. "W". 
 witnesses 
 
 affirmation, 92 A. W. 
 
 attendance, 1311. 
 
 oath, 92, 118 A. W. 
 wrongs, redress of, 29, 30 A. W. 
 
 officers, 29 A. W. 
 
 soldiers, 30 A. "W. 
 Artificers (see Enlisted Men) : 
 artillery, 1076. 
 infantry, 1079. 
 ordnance, 868, 902, 903. 
 
 Artificial Limbs (see Medical Department) : 
 allowance, 680, 681. 
 apparatus for resection, 681, 682. 
 attorney's fees not allowed, 685. 
 commutation, 680, 682, 684, 685. 
 furnished by Medical Department, 680. 
 how obtained, 683. 
 renewal, 681, 684. 
 transportation, 686, 687. 
 Artillery: 
 
 animals, limit on number of, 1168. 
 artificers, detail of, 868. 
 battery, 1076. 
 
 District of Columbia militia, 1286 (15). 
 horses for, 1167, 1168. 
 light batteries, 1077. 
 militia, 1246, 1286. 
 
 number of regiments, 436. . 
 
 organization, 1075-1077. 
 regiment, 1075. 
 
 returns of strength, 519, note, 7 A. "W. 
 staff of regiment, 1075. 
 Artillery School at Fort Monroe, Va., 1142. 
 Assessments : 
 
 political, etc., forbidden, 97-101, 128. 
 Assignments of Pay : 
 enlisted men, prohibited, 650. 
 officers, 611, note. 
 
 Assistant Adjutants-General, 516. 
 Assistant Commissary-General of Subsistence, 575. 
 Assistant Judge- Advocate-General, 527. 
 Assistant Messengers. (See Messengers.) 
 Assistant Quartermasters (see Quartermaster's 
 
 Department), 533. 
 
 Assistant Quartermasters-General, 533. 
 Assistant Secretary of War (see Secretary of War) : 
 
 duties, 63. 
 
 office of, 63. 
 
 salary, 63. 
 
 Assistant Surgeons (see Medical Department), 662. 
 Assistant Surgeons-General, 662, 663. 
 Assistant Treasurers (see Treasurer of the United 
 States) : 
 
 appointment, 226. 
 
 duties, 216-229. 
 
 failure to keep funds safely, 500. 
 
 mints, superintendents of, to act as, 225. 
 
 reports, 221. 
 
 returns of checks outstanding, 221. 
 Atlantic and Pacific Railroad, 1560. 
 Attorney-General (see Department of Juatice) : 
 
 counsel for Departments, 278, 279. 
 
 Court of Claims, duties in, 336, 348, 349. 
 
 duties, 271-276. 
 
 examination of titles, 272. 
 
 lands, titles to, to be examined by, 271. 
 
 legal services, furnishing of, 278. 
 
 office, 269. 
 
 opinions, 272-275. 
 
 to heads of Executive Departments, 273, 275. 
 to President, 272. 
 to subordinate officers, 275. 
 
 printed opinions, 281. 
 periods covered by volumes, 281, note. 
 
 removal of obstructions to works of river and 
 harbor improvement, 824. 
 
 Solicitor-General, 270, 276. 
 
 succession to office, 270. 
 
 suits, conduct of, 276. 
 
 surety companies, duties respecting, 467-475. 
 
 titles to land to be examined by, 272. 
 Attorneys: 
 
 pension cases, 1667-1673. 
 
 powers of, 196. 
 
 prosecution of claims, 196. 
 Auditor for War Department: 
 
 duties, 139. 
 
 Auditors (see Accounts, Accountability, and Ac- 
 counting Officers) : 
 
 appeal from, to Comptroller, 141. 
 
 certificates of differences, 142. 
 
 checks, lost, destroyed, etc., 163. 
 
 claims, examination of, 149, 164, 165. 
 
 decisions, 141, 145. 
 
 differences, certificates of, 142. 
 
 discharge certificates to be returned, 162. 
 
 distress warrants, 235-249. 
 
 duties, 138-146, 149, 154, 155, 158, 159. 
 
 evidence in claim cases, 213. 
 
 examination of claims, 149. 
 
 new evidence, 143. 
 
 overpayments, allowance of, 161. 
 
 reopening accounts, 143, 156. 
 
 requisitions for funds, duties respecting, 146, 158. 
 
INDEX. 
 
 807 
 
 Auditors Continued, 
 suspended item s, 143. 
 transfer of duties, 155. 
 vouchers to be preserved, 144. 
 Badges : 
 
 American Revolution, Sons of, 1010. 
 Aztec Society, 1010. 
 corps, 1009. 
 
 Grand Army of the Republic, 1010. 
 Loyal Legion, 1010. 
 
 Regular Army and Navy Union, 1011. 
 Bakeries, 541, 1223. 
 Balls, Cannon : 
 
 donations of, 876. 
 Bands : 
 
 District of Columbia militia, 1286. 
 Military Academy, 436, 1130-1133. 
 Barrack Furniture, 571, note. 
 Barracks and Quarters (see Buildings, Military 
 
 Posts, and Quarters) : 
 allowances, 571, 572. 
 assignment of, 571. 
 construction, 569, 570. 
 furniture, 571, note, 
 rooms, 571, note. 
 
 Battalion of Engineers. (See Engineer Depart- 
 ment.) 
 Bedding: 
 
 allowances, 559, note. 
 Beer, Sale of: 
 
 when authorized and forbidden, 1225. 
 Behavior of Members of Court-Martial, 87 A. W. 
 Bidders. (See Contracts and Purchases.) 
 Bidders' Bond, 1161. 
 Bids. (See Contracts and Purchases.) 
 Biennial Register, 53. 
 Blank Forms for Accounts : 
 
 prescribed by Comptroller, 135. 
 Board of Ordnance and Fortification (see Ord- 
 nance Department) : 
 annual report, 879. 
 composition, 877, 878, 884. 
 constitution, 877, 878, 884. 
 contracts, 866-888. 
 duties, 877-890. 
 expenditures, 877. 
 expenses, 882, note, 
 experiments, 880. 
 inventions, 884. 
 investigations, 880. 
 membership, 877, 878, 884. 
 powers, 880, note. 
 
 preference for American materials, 883. 
 proving ground at Sandy Hook, 881-882. 
 purchases, 879-880. 
 steel guns, contracts for, 886-888. 
 steel mortars, 887. 
 tests, 877, 880-884. 
 Boards: 
 
 examining, 459-462, 698-700, 938, 941-943, 946, 947. 
 for purchase of horses, 548. 
 ordnance and fortification, 877-889. 
 retiring, 969-976. 
 small arms, 909. 
 testing rifled cannon, 890. 
 testing machine, 892, 893. 
 
 Boards of Examination, 941-943,946-947. 
 Bond-aided Railroads, 552. 
 Bonds (see Disbursing Officers) : 
 agents, special, 227. 
 by whom given, 227, 249, 466. 
 custodians of funds, 249, 485. 
 examination of, every two years, 515. 
 inspection of, 515. 
 proposals, 1161. 
 
 release of sureties, 477. 
 
 renewal of, 515. 
 
 surety companies, 467-475. 
 Book of Estimates: 
 
 prepared in Treasury Department, 172-173. 
 
 proceeds of sales to be reported in, 174. 
 Bounty Claims : 
 
 audit of, 160. 
 Bowman Act, 332-338. 
 Breech-loading Small Arms, 906, 909-911. 
 Brevet Rank, 995-1003. 
 Brevets (see Brevet Rank) : 
 
 assignments to duty, 1000. 
 
 commissions, 995, 996, 997, 998. 
 
 date of commission, 996, 998. 
 
 conferred for what services, 995, 997. 
 
 honorary, 999. 
 
 Indian service, 997, 998. 
 
 marine officers, 359. 
 
 titles, officers not to be addressed by, 1003. 
 
 Tiniforni not to be worn, 1002. 
 Bribery, 510, 511. 
 
 Bridges Over Navigable Waters, 816-819. 
 Brigades : 
 
 organization of, 452. 
 Brigadier-Generals : 
 
 aids, 442. 
 
 brevet assignments, 448. 
 
 command of, 452. 
 
 number, 436. 
 Buildings (see Public Buildings) : 
 
 appropriations for, not to be exceeded, 512, 1147. 
 
 construction, 1172, 1218. 
 limitation on, 1216-1218. 
 
 erection of, 1147, 1218. 
 
 estimates for construction and repair, 169, 1172. 
 
 furnishing, 1147. 
 
 limitation on expenditures for, 1172, 1216-1218. 
 
 Quartermaster's Department to construct, 1218. 
 
 rented, report of, 54. 
 
 repairs, 1147. 
 Cadet. (See Military Academy) : 
 
 appointment, 1102-1106. 
 
 pay of, on promotion, 945. 
 
 promotion, 944-945. 
 California Debris Commission : 
 
 appropriations, expenditure of, 786, 787, 788-791. 
 
 California, funds contributed by, 791. 
 
 conference with State commission, 788. 
 
 construction of restraining works, 787-789. 
 
 creation, 763. 
 
 duties, 765-790. 
 
 expenditures, 788-791. 
 
 funds of State Debris Commission of California, 
 791. 
 
 hydraulic mines, 770-787. 
 
 mining, supervision of, 767-783. 
 
808 
 
 INDEX. 
 
 California Debris Commission Continued. 
 
 navigation of rivers, 768. 
 
 organization, 763. 
 
 regulations, 764. 
 
 reports, 769. 
 
 Sacramento River, works on, 789. 
 
 San Joaquin River, works on, 789. 
 
 surveys of storage sites, 767. 
 
 works, construction of, 789, 790. 
 Canals (see River and Harbor Works), 813, 815. 
 Candidates for Promotion, 948, 949. 
 Cannon : 
 
 condemned, donations of, 876. 
 
 tests of, 880, 890. 
 Captures: 
 
 colors, etc., collected in "War Department, 68. 
 
 flags, etc., to be collected in War Department, 68. 
 
 property, 1228. 
 
 stores, etc., to be secured, 9 A. W. 
 Cavalry: 
 
 animals, limit on number of, 1168. 
 
 artificers of ordnance, detail of, 808. 
 
 chaplains to colored regiments, 930-936. 
 
 colored, 1073. 
 
 dismounted, 1074. 
 
 horses for, 1167, 1168. 
 
 militia, 1246. 
 
 number of regiments, 436. 
 
 organization, 1071. 
 
 regiment, 1071. 
 
 returns of strength, 519, note; 17 A. "W. 
 
 staff of regiment, 1071. 
 
 troop, 1072. 
 Cavalry and Light Artillery School at Port Rilej , 
 
 Kans., 1144. 
 
 Cemeteries. (See National Cemeteries.) 
 Central Pacific Railroad, 1559. 
 Ceremony : 
 
 uniform on occasions of, 1004. 
 Certificates of Merit, 1008. 
 Chairs, Barrack : 
 
 allowance of, 571, note. 
 
 office, 571, note. 
 Challenges : 
 
 to duels, 26 A. W. 
 
 to members of courts-martial, 88 A. AV. 
 
 upbraiding, etc., for refusing, 28. 
 Charges : 
 
 copy of, to be furnished accused, 71 A. W. 
 Charts: 
 
 sales of, 75. 
 Chaplains: 
 
 appointment, 930. 
 
 colored regiments, 930, 932. 
 
 duties, 934, 935, 936. 
 
 instruction, 934. 
 
 Military Academy, 1085. 
 
 qualifications, 932. 
 rank, 931. 
 
 recommendations, 932. 
 regimental, 930, 932. 
 reports, 935. 
 schools, 934. 
 Charge of Desertion: 
 removal of, 1052-1065. 
 
 Charges. (See Courts- Martial.) 
 Chattanooga. (See Chickamauga and Chatta- 
 nooga National Military Park. ) 
 Checks (see Treasury Department) : 
 
 bonds for duplicate, 514. 
 
 deceased disbursing officer, 514. 
 
 destroyed, 514. 
 
 duplicate, in lieu of lost checks, 514. 
 
 limitation on amount of duplicate, 514. 
 
 lost, issue of duplicates, 163, 514. 
 
 outstanding, 219. 
 
 payment of, 219, 252. 
 
 presentation of, regulations for, 252. 
 
 refusal to pay on presentation, 506. 
 
 regulations respecting duplicate, 514. 
 presentation, etc., 252. 
 
 stolen, 514. 
 Chicago Harhor: 
 
 anchorage grounds, 848, 849. 
 
 Chickamauga and Chattanooga National Military 
 Park: 
 
 acquisition of lands, 1784, 1785, 1794-1798. 
 
 battle lines, location and marking, 1783, 1788- 
 1790, 1793, 1795, 1796-1799. 
 
 cannon, etc., for monuments, 1795. 
 
 Commission, 1787-1789. 
 
 Commissioners, 1787-1790, 1793-1799. 
 
 condemnation of lands, 1784, 1785, 1794. 
 
 defacing monuments, etc., 1792. 
 
 disbursing officer, 1795. 
 
 establishment of park, 1783. 
 
 injury to monuments, 1792. 
 
 jurisdiction over lands, 1783-1787. 
 
 lands, 1784, 1785, 1794, 1795, 1796-1798. 
 
 leases, 1786, 1795. 
 
 limits, 1783, 1784, 1794, 1796, 1797, 1798. 
 
 lines of battle, marking, 1783, 1788-1790, 1793, 
 1795-1799. 
 
 location of monuments, 1790-1799. 
 
 maneuvers, use of park for, 1781, 1782. 
 
 maps, 1793, 1795-1798. 
 
 Regular Army, 1789, 1799. 
 
 regulations, 1791, 1799. 
 
 roads, 1783, 1785, 1786, 1788, 1793, 1796, 1797, 1798. 
 
 State monuments 
 erection, 1789, 1790, 1792, 1795, 1796, 1797, 1798, 
 
 1799. 
 
 foundations for, 1798. 
 inscriptions on, 1790, 1799. 
 location, 1787, 1790, 1799. 
 materials for foundations, etc., 1798, 1799. 
 
 supervision, 1783, 1785, 1787-1789, 1791. 
 
 tablets, 1788-1790, 1792, 1796-1799. 
 Chief Clerk of War Department: 
 
 distribution of clerical duties, 1(5. 
 
 duties, 8, 15, 1C, 17. 34, 65. 
 
 may sign requisitions, etc., 8. 
 
 oaths, administration of, 34. 
 
 office, 65. 
 
 reports of business, 16. 
 
 salary 64. 
 
 supervision of clerical force, 15. 
 Chief Clerks of Executive Departments (see Exec- 
 utive Departments) : 
 
 duties, 15. 
 
 oaths, administration of, 34. 
 
 supervision of clerical force, 15. 
 
INDEX. 
 
 809 
 
 Chief Musicians (see Unlisted Men) : 
 
 artillery, 1075. 
 
 cavalry, 1071. 
 
 infantry, 1078. 
 
 Chiefs of Bureau in War Department (seo Staff 
 Departments) : 
 
 absence of, provision for successor, 465. 
 
 selection, 455. 
 
 to act as Secretary of "War, 11. 
 Chief of Engineers: 
 
 annual report, 709, 710, 713, 718. 
 
 appointed from corps, 455. 
 
 civil engineers, employment of, 708, 709. 
 
 compensation, limitation, 739. 
 
 harbor lines, establishment of, 820-822. 
 
 prescribes form, dimensions, number, etc., of 
 pontoons, vehicles, tools, etc., 705. 
 
 public buildings and grounds, 714-720. 
 
 rank, 695. 
 
 use of Congressional Library, 711. 
 
 Washington Aqueduct, 718, 732-745. 
 Chief of Ordnance (see Ordnance Department) : 
 
 appointed from corps, 455. 
 
 duties, 858-861, 866-869. 
 
 rank, 856. 
 Chief of Record and Pension Office : 
 
 appointment, 926. 
 
 duties, 926-929. 
 
 rank, 926. 
 Chief Signal Officer (seo Signal Department) 
 
 appointed from corps, 455. 
 
 duties, 913, 917, 918, 922-924. 
 
 rank, 914, 913, note ; 915. 
 Chief Trumpeter (see Enlisted Men), 1071. 
 Christmas Day. (See Holidays.) 
 Circuit Courts : 
 
 concurrent jurisdiction with Court of Claims, 
 
 340. 
 Citizenship (see Naturalization) : 
 
 children, 1358. 
 
 definition, 1357. 
 
 desertion, forfeits, 1361, 1363. 
 
 draft, evasion of, 1363. 
 
 expatriation, 1364. 
 
 forfeiture of, 1361-1363. 
 
 married women, 1359. 
 
 protection of citizens abroad, 1365, 1366. 
 
 wife, 1359. 
 Civil Employees (see Civil Service) : 
 
 number of, limitation, . 30, 3], 553, 554, f>79, 
 note ; 604, note ; 694, note ; p. 309, note ; 708, 
 710. 
 
 medicines, sales to, 693. 
 
 Civil Engineers. (See Engineer Department.) 
 Civilian Employees (see Staff Departments) : 
 
 compensation, 30, 31, 553. 
 
 limitation, 553, 554, 579, note ; 604, note ; 694, note ; 
 708, 710. 
 
 number, 553, 554. 
 
 quartermaster's department, 553, 554. 
 Civil Eights (see Force, Employment of) : 
 
 deprivation of, remedy, 1536-1548. 
 
 equal rights under law, 1536. 
 
 force, employment of, 1548. 
 
 peonage abolished, 1549, 1550. 
 
 rights of citizens, 1537. 
 persons to trade, etc., 1536. 
 
 Civil Service: 
 
 admissions to, regulated by President, 83. 
 
 applications for examination, 88, 102, 103. 
 
 appointments to, notice of, 88. 
 
 apportionment of appointments, 88. 
 
 assessments, political, forbidden, 97. 
 
 boards of examiners, 89, 117. 
 
 certificate of residence, 102, 103. 
 
 classification of employees, 92, 93. 
 
 Commissioners, number, appointment, etc, 87. 
 
 competitive examinations, 88. 
 
 Congress, recommendation of Members, 96. 
 
 contributions, political, forbidden, 88, 98. 
 
 customs service, 92. 
 
 employees, classification, 92, 93. 
 
 examinations, 88, 93. 
 
 examiners, 89. 
 
 family, two members eligible, 95. 
 
 frauds by employees, 91. 
 
 intoxicating liquors, use of, 94. 
 
 investigations, 88. 
 
 noncompetitive examinations, 88. 
 
 notification of appointments, 88. 
 
 oaths of office, 104-108. 
 
 political assessments forbidden, 97. 
 
 post-office, classification., 92. 
 
 preference to discharged soldiers and sailors, 84, 
 
 93. 
 
 probation of employees, 88. 
 promotions, examinations for, 93. 
 
 for political contributions forbidden, 99; 
 reductions for withholding political contribu- 
 tions forbidden, 99. 
 regulations of President,. pp. 35-45, note. 
 
 for War Department, p. 45, note. 
 
 to be made by Commission, 88. 
 removals, notice of, to be given to, 88. 
 residence, to be stated in application, 102-103. 
 resignations, notice of, to be given to, 88. 
 soliciting contributions forbidden, 98. 
 transfers, notice of, to be given, 88. 
 Treasury, classification, 92. 
 vacancies, how filled, 88. 
 Civil Service Commission (see Civil Service) -. 
 annual report, 88. 
 chief examiner, 89. 
 Commission, constitution, 87. 
 Commissioners, appointment, 87. 
 
 duties, 88. 
 
 expenses, 87. 
 
 removal, 87. 
 
 salary, 87. 
 employees, 89. 
 examinations, 88, 93. 
 examiners, 89. 
 offices, etc., 90. 
 probation of employees, 88. 
 report, 88. 
 rooms, 90. 
 secretary, 89. 
 
 Claims (see Accounting Officers, Treasury Depart- 
 ment, and Court of Claim*) : 
 accounting officers, jurisdiction, 215. 
 against United States, settled in Treasury, 130. 
 assignments of, 196. 
 compromise of, 189. 
 
810 
 
 INDEX. 
 
 Claims Continued. 
 
 Department of Justice to prosecute, 204. 
 Court of, 298-353. 
 
 disloyalty a bar to prosecution of, 200. 
 evidence before auditors, 213. 
 Executive Departments, 38-44. 
 false, penalty, 202. 
 horses, captured, 209. 
 
 condemned, 210. 
 
 limitation on claims for, 214. 
 
 lost, 207, 212, 215. 
 
 minors, claims for, 211. 
 moieties, 205. 
 
 officers not to be interested in, 509. 
 powers of attorney, 196. 
 property lost in military service, 208, 215. 
 purchase on execution, 190. 
 quartermaster stores, 164, note, 
 set off, 197. 
 settlement of, 130. 
 subsistence, 164, note ; 165. 
 suits for recovery, jurisdiction, 203. 
 
 limitation on, 206. 
 transfers, 196. 
 
 volunteers, drilling, organizing, etc., 201. 
 Classified Service. (See Civil Service.) 
 Clerical Services. (See Clerks.) 
 Clerks, Executive Departments (see Civil Service) : 
 absence with leave, 19. 
 administration of oaths to, free, 33. 
 annual leave, 19. 
 
 appointments, 21-23, 30, 83, 84, 88-103. 
 apportionment, 30, 88. 
 below fair standard of efficiency, 55. 
 Biennial Register, 53. 
 civil-service law, 83-103. 
 classification, 20, 92, 93. 
 compensation, 25-31. 
 contributions, political, forbidden, 88, 97. 
 details of, limitation, 23, 30. 
 distribution of duties, 16, 17, 23. 
 duties, 16. 
 
 employment of, 21-23, 83-103. 
 examinations for appointment, 88, 93. 
 
 promotion, 21, 93. 
 
 expenditures for, limitation, 27-31, 179. 
 extension of leave, 19. 
 extra clerks, 30. 
 
 compensation forbidden, 29, 30, 113. 
 
 services, 29. 
 hours of labor, 19. 
 lists for Biennial Register, 53. 
 number, limitation on, 27-31. 
 oaths, administration of, 33, 34. 
 
 of office, 34, 104, 105, 106. 
 pay during absence, limitation, 19. 
 paymasters, 604. 
 power to administer oaths, 32. 
 preference in reduction, 86. 
 
 to persons disabled in military service, 84. 
 probation, 88. 
 
 reductions in classification, 24. 
 salaries, 25, 26. 
 sick leave, 19. 
 
 temporary employment compensation, 26. 
 transfer to lower class, 24. 
 
 Clothing (see Quartermaster's Department) : 
 
 accountability for, 563-565, 573. 
 
 accounts, 563, 565. 
 
 affidavits relating to lost books, etc., 73. 
 
 allowance prescribed by President, 562. 
 
 altering, 567, 568. 
 
 appropriations chargeable with accounts of, 657. 
 
 balances, to credit of soldier, 657. 
 
 cost of alterations, 567, 568. 
 
 gratuitous issues, 565. 
 
 purchases, 561. 
 
 sale, loaning, etc., forbidden, 574. 
 Coin: 
 
 gold and silver, a tender, etc., 193. 
 Collectors : 
 
 deposits of, 228. 
 
 to act as disbursing agents, 254. 
 College Details (see Retired Officers) : 
 
 accountability for public property, 959. 
 
 bonds of college for property issued, 959. 
 
 details, 958-963. 
 
 number, 962. 
 
 ordnance stores, 959. 
 
 pay, 960, 961. 
 
 qualifications, 962. 
 
 restriction on pay of retired officers, 961, 963. 
 
 retired officers, 958-963. 
 
 tours of duty, four years, 962. 
 Colored Regiments, 1073, 1080. 
 
 chaplains for, 930, 932-936. 
 Colors, Flags, etc. : 
 
 to be collected in War Department, 68. 
 Command: 
 
 assignments to, 444, 445, 447-451. 
 
 brevets, 448. 
 
 brigadier-general, 452. 
 
 detachments, how determined, 443. 
 
 different corps joining, 443. 
 
 engineer officers, 449. 
 
 major-general, 452. 
 
 medical officers, 450. 
 
 militia, 445. 
 
 mixed detachments, 443. 
 
 pay officers, 451. 
 
 rule for exercise of, 443. 
 
 tactical, 452. 
 
 territorial, 452, note. 
 
 volunteers, 444, 445. 
 Commanding General: 
 
 command of, 452, note. 
 
 may act as Secretary of War, 11. 
 Commands : 
 
 returns of, 519, note. 
 
 Commissary-General of Subsistence (see Subsist- 
 ence Department) : 
 
 appointed from corps, 455. 
 
 duties, 575, note. 
 
 rank, 575. 
 
 Commissary-Sergeants (see Subsistence Depart- 
 ment) : 
 
 allowances, 571, note ; 579. 
 
 appointment, 579. 
 
 duties, 579. 
 
 fuel allowance, 571, note. 
 
 number, 579. 
 
INDEX. 
 
 811 
 
 Commissary-Sergeants Continued. 
 
 pay and allowances, 571, note; 579, 638, 660. 
 qualifications, 579. 
 quarters, 571, note. 
 
 Commissioner of Indian Affairs, 381, 382, 387, 388. 
 duties, 382. 
 reports, 387, 388. 
 
 Commissioned Officers (see Officers) : 
 absence, 950-951. 
 
 pay during, 621-622, 950, 951. 
 
 with leave, 950, 951. 
 
 without leave, 623, 950, 951, 956. 
 acting judge-advocates, 527. 
 adjutant-general of militia, District of Colum- 
 bia, 1286. 
 
 administration of oaths to postmasters, 259. 
 aids, 441, 442. 
 
 allowances, 559, 560, 569-572, 625-629, 882. 
 appointment, 937. 
 arrest, 1292, 1294, 1295. 
 assignments to regiments, 939. 
 attache's, 629. 
 
 boards of examination, 941-943, 946, 948. 
 brevets, 995-1003. 
 bribery, 510, 511. 
 cadets, promotion of, 944, 945. 
 candidates for appointment, 946-949. 
 choice of quarters, 571, note, 
 civil employment prohibited, 954, 988, 989, 990. 
 
 exceptions, 112, 990. 
 
 civil office, not to be held by, 954, 988, 989. 
 claims, not to be interested in, 509. 
 college details, 958-963. 
 command, 403, 444, note ; 448-451, 987. 
 commissions, 940. 
 commutation of quarters, 625-629. 
 conduct unbecoming, etc., 61 A. W. 
 consular service, 954. 
 cooking, supervision of, 670. 
 courts of inquiry, 1338-1344. 
 credits for longevity and retirement, 983. 
 cumulative leave, 951. 
 deceased officers, 993, 994. 
 decorations, 1005. 
 detail of, as Jndian.agents, 990. 
 
 inspectors, 520, note. 
 
 light-house inspectors, 723. 
 diplomatic service, 954. 
 discharge of, when supernumerary, 991. 
 
 on failure to pass examination, 941. 
 dismissal, 955, 956; 99, 106, 107, 111 A. W. 
 dismissal for desertion, 956. 
 dismissed officer, cotirt-martial, 957. 
 duties prohibited, 988, 989. 
 effects of deceased officers, 993, 994. 
 enlisted men, promotion of. 946-949. 
 examination of enlisted men for promotion, 946- 
 
 949. 
 
 examinations for promotion, 938, 941-943. 
 examining boards, 941-943. 
 failure in examination, consequences, 941, 942. 
 false muster, 5, 14 A. W. 
 forage allowance, 559, 560, 571, note, 
 funeral expenses, 993, note. 
 Indian agents, 990, 1392, 1393. 
 inspectors of light-houses, 723. 
 
 Commissioned Officers Continued. 
 
 interment in national cemeteries, 1868, 1869. 
 
 leave of absence, 950, 951, 957, note. 
 
 light-house duty, 723. 
 
 longevity pay, 614-618. 
 
 medals of honor, 1007. 
 
 mileage, 630, 635. 
 
 military attaches, 629. 
 
 pay, 608-623. 
 
 pay accounts, assignment of, 611, note. 
 
 payments to be made monthly, 611. 
 
 promotion, 938, 944, 945. 
 
 promotions, how made, 457, 938. 
 
 publication of sentence, 100 A. W. 
 
 purchases of subsistence, 587, 588, 589, 590, 591. 
 
 quarters, allowance of, 559, 560, 571, note. 
 
 rank, 443, note ; 444, 445, 446. 
 
 rank and command, 444-446, 122-124 A. W. 
 
 rates of pay, 608. 
 
 reappointment after dismissal, 956. 
 
 regular and volunteer on same footing, 444, 123 
 A.W. 
 
 relative rank, 446, 447. 
 
 remains, disposition of, 993, note. 
 
 resignation, 953, 954. 
 
 restoration after dismissal, 955. 
 
 retired pay, 619, 960-962, 984. 
 
 retirement, 964-985. 
 
 rule of promotion, 457, 458. 
 
 selection of quarters, 571, note. 
 
 servants, enlisted men not to be used, 992. 
 
 sick leaves, 950. 
 
 stoppages, 636-637. 
 
 subject to Articles of War, "p. 704. 
 
 subscribe to Articles of War, 2 A. W. 
 
 supernumerary, discharge of, 991. 
 
 suspension of pay, 101 A. W. 
 
 tenure of office, 956. 
 
 to keep good order in commands, 54 A. W. 
 
 transfers, 939, 952. 
 
 transfers to staff, 463, 464. 
 
 travel, allowances, G30-635. 
 
 triable by general courts-martial, 1305. 
 
 uniform of highest volunteer rank, 1004. 
 
 vacancies, how filled, 944, 945, 946-949. 
 
 waiting orders, 950. 
 
 wholly retired, when, 975. 
 
 pay, 620. 
 
 Commissioner of Pensions. (See Pensions.) 
 Commissioner of the Land Office, 376, 377, 378-380. 
 Commissions (see Appointments and Commis- 
 sioned Officers) : 
 
 brevet, 995, 996. 
 
 issue of, 940. 
 
 recorded where, 940. 
 
 when delivered, 116. 
 Commissions (Boards): 
 
 restrictions on expenditures for, 178. 
 Commutation of Quarters : 
 
 allowance, 625. 
 
 attaches entitled to, 629. 
 
 rates of, 626, 627. 
 
 temporary absence not to affect, 628. 
 Commutation of Rations: 
 
 rates, etc., 595, note. 
 Companies : 
 
 artillery, 1076, 1077. 
 
812 
 
 INDEX. 
 
 Companie s Con ti nued. 
 
 cavalry, 1072. 
 
 cooking, supervision of, 670. 
 
 infantry, 1079. 
 
 quarters, 571, note. 
 
 returns, 519, note. 
 Company Commander: 
 
 clothing accounts, 73, 562, 565. 
 Compensation of Officers, etc. : 
 
 estimates for, 168. 
 
 rates of, 608. 
 
 Competency of Witnesses, 1345, note; 1346. 
 Comptroller of the Treasury (see Accounts and 
 Accounting Officers) : 
 
 appeals to, from auditors, 141. 
 
 assistant comptroller, 134. 
 
 blank forms for accounting, prescribed by, 135. 
 
 countersigns requisitions, 146, 480. 
 
 decisions of, final as to Executive Departments, 
 
 136,141,145. 
 auditors, revision of, 145. 
 
 duties, 134, 135, 136, 137. 
 
 examination of auditors' action, 145. 
 
 forms for accounts, 135. 
 
 office, 134. 
 
 requisitions, action on, 146, 480. 
 
 salary, 134. 
 
 settlements of accounts may be ordered by, 137. 
 
 suits to recover money, 234, 497. 
 Compulsory Process, 1311, note. 
 Condemnation of Lands, 1208, 1209. 
 Condemned Stores: 
 
 sales, 490-494. 
 Conduct : 
 
 unbecoming an officer and gentleman, 61 A. "W. 
 Confinement : 
 
 of enlisted men, 1293, 1294-1296; 66-70 A. W. 
 
 duration of, 70 A. W. 
 Congress : 
 
 contemptuous or disrespectful words to, 19 A. 
 W. 
 
 renting of buildings in District of Columbia to 
 
 be authorized by, 61. 
 Congress, Members of: 
 
 contracts, etc., not to be interested in, 1181-1184 
 
 franking privilege. 266. 
 
 penalty envelopes, 60. 
 
 recommendation of applicants for civil serv- 
 ice, 96. 
 
 soliciting assessments, etc., 97-101. 
 Contagious Diseases: 
 
 gratuitous issues of clothing in, 565. 
 Contempt of Court, 1308. 
 Consular Service, 954. 
 Contingent Funds: 
 
 annual reports, 78. 
 
 limitation on expenditure of, 30, 45, 46. 
 
 newspapers, 46. 
 
 written orders of heads of Departments re- 
 quired, 45. 
 Contractors (see Contracts and Purchases) 
 
 bonds, 1161, 1197. 
 
 liens against, for labor and materials, 1197, 1198. 
 Contracts and Purchases : 
 
 advertising, general rule, 1151. 
 
 American productions favored, 883, 1158, 1163. 
 
 Contracts and Purchases Continued. 
 
 animals, purchases of, 1167-1171. 
 
 appropriation not to be exceeded, 176, 177, 512. 
 1147. 
 
 artillery horses, 1167, 1168. 
 
 assignments prohibited, 1180. 
 
 auditors, contracts to bo filed with, 1185. 
 
 awards, 1165. 
 
 bakeries, 1173. 
 
 bonds, 1197. 
 
 bonds to accompany proposals, 11G1. 
 
 building sites, 1149. 
 
 bunting, open-market purchases, 1164. 
 
 cavalry horses, 1167, 1168. 
 
 clothing, purchases of, 1146. 
 
 coal, purchases of, 1186, 1187, 1188. 
 
 competition, 1151. 
 
 Congress, Member of, not to be interested in, 
 1181, 1182, 1183, 1184. 
 
 contractors' bonds, 1197, 1198. 
 
 copies filed with auditors, 1185. 
 
 cumulation of bids in river and harbor work, 1160. 
 
 domestic productions favored, 883, 1158, 1163. 
 
 draft animals, 1169. 
 
 eight-hour law, 1193-1196. 
 
 emergency purchases, 540, 570, 591, 694, 872, 11 51. 
 reports of, 540, 1166, 1171, 1177. 
 
 enlistment, nature of, 1012, note. 
 
 erection of buildings, 1147. 
 
 exception to rule in case of clothing, subsist- 
 once, fuel, forage, quarters, transportation, 
 etc., 1146. 
 
 exchanges, 1174. 
 
 Executive Departments, 1152, 1153. 
 
 exigency, 1151. 
 
 filing of contracts in returns office, 1189-1192. 
 
 forage, purchases of, 1146. 
 
 fuel, inspection of, 1186, 1187, 1188. 
 purchases of, 1146. 
 
 gardens, 1174. 
 
 general rule, 1151. 
 horses, 1167-1169. 
 immediate delivery, 1151. 
 land, purchases of, 1148. 
 lowest responsible bidder, 1165. 
 
 marking of supplies, 1178. 
 
 Medical Department, 694, 1176. 
 
 messes, 1173. 
 
 notice, 1165. 
 
 open-market purchases, limit, 1165. 
 
 Ordnance Department, 1177. 
 
 Pacific Coast, advertising, 1158. 
 
 proposals, etc., rules for, to be made by Secretary 
 
 of War, 1161. 
 
 quarters, procurement of, 1146. 
 rates of advertising, 1155, 1156, 1157. 
 reports of emergency purchases, 1166, 1171, 1J77. 
 returns office, 391-394, 1189-1192. 
 school supplies, 1173. 
 
 Secretary of "War, supervision of, 66, 69-71, 1145. 
 separate bids required, 1159, 1160. 
 sites for buildings, 1149. 
 stationery, 1179. 
 subsistence, purchases of, 1146. 
 subsistence supplies, 1175. 
 
 supplies for Quartermaster's and Subsistence 
 Departments, 1165. 
 
INDEX. 
 
 813 
 
 Contracts and Purchases Continued. 
 
 transfers prohibited, 1180. 
 
 transportation, procurement of, 1146. 
 
 unauthorized, prohibited, 1146. 
 
 voluntary services, acceptance of, prohibited, 
 1150. 
 
 written contracts, 1189. 
 Contributions : 
 
 political, etc., 56, 97-101, 128. 
 
 political contributions, etc., prohibited, 97-101. 
 
 requesting, etc., prohibited, 56, 97-101. 
 Conventions: 
 
 Geneva, pp. 759-775. 
 
 Mexico, pp. 776-779. 
 Conversion : 
 
 fraudulent, penalty, 499, 501, 507. 
 Cooking for Enlisted Men : 
 
 supervision of, 670. 
 Copyists (see Clerks) : 
 
 salary, 25, 271. 
 Corporals (see Enlisted Men) : 
 
 artillery, 1076, 1077. 
 
 cavalry, 1072. 
 
 engineers, 702. 
 
 infantry, 1079. 
 
 ordnance, 867. 
 Corporations: 
 
 agents of, not to act for United States in deal- 
 ings with, 126. 
 
 surety, as bondsmen, 467-475, 515. 
 Corps Badges. (See Badges.) 
 Corps of Engineers. (See Engineer Department.) 
 Corresponding vdth the Enemy, 46 A. W. 
 Counsel: 
 
 how obtained, 273, 278, 279. 
 Counterfeit Money : 
 
 disposal of, 5^3. 
 
 stamping, 513. 
 Counsel for Executive Departments: 
 
 to be furnished by Department of Justice, 278. 
 Court of Claims (see Claims) : 
 
 ad verse judgments, 348. 
 
 aliens may sue in, 307. 
 
 allegiance of claimant, 312. 
 
 appeals, 347. 
 
 Attorney-General to conduct defense, 336. 
 
 Bowman Act, 332-338. 
 
 captured property, 298. 
 
 circuit courts, concurrent jurisdiction, 340. 
 
 claimant 
 allegiance of, 312. 
 as witness, 346. 
 examination of, 318. 
 fraud of, effects, 324. 
 oath of, 310. 
 
 claims 
 
 referred by Congress, 332. 
 under Bowman Act, 351. 
 transmitted by Congress, 299. 
 
 clerk may administer oaths, 310. 
 
 commissioner to take testimony, 314. 
 
 competency of witnesses, 317, 318, 337, 346. 
 
 contempts, 309. 
 
 contracts, 298. 
 
 costs, 353. 
 
 decrees, paymasters' claims, 301. 
 
 Court of Claims Continued, 
 departmental cases, 302, 350. 
 
 information in, 315. 
 
 judgments, 304. 
 
 procedure, 303. 
 
 disloyalty of claimant, effects, 312. 
 district courts, concurrent jurisdiction, 340. 
 evidence from Executive Departments, 42, 315. 
 Executive Departments, claims may be referred 
 
 by, 302, 333, 350. 
 express contracts. 298, note, 
 fraud, 324. 
 
 implied contracts, 298, note, 
 interest, 328, 329. 
 
 judges may administer oaths, 310. 
 judgments a bar, 331. 
 
 enforcement, 300. 
 
 full discharge, 330. 
 
 interest, 328, 329. 
 
 payment, 327. 
 jurisdiction, 298, 339, 341-342. 
 
 concurrent, circuit, and district courts, 340, 
 limitation on, 305, 306, 308, 334. 
 loyalty, burden of proof, 313. . 
 
 proof of, 335. 
 new trial, 325, 326. 
 oaths in, how administered, 310. 
 opinions in writing, 345. 
 paymasters' cases, 298, 301. 
 payment of judgments, 327. 
 petition of claimants, 311, 343, 344. 
 private claims, 298. 
 procedure, 309, 342. 
 regulations, 298. 
 release from bond, 341. 
 reports to Congress, 339. 
 rules of procedure, 309. 
 service of process, 344. 
 set-offs, 298. 
 
 supplies, claims for, 335. 
 testimony, commissioners, 314. 
 
 when not taken, 316. 
 
 where taken, 319. 
 Tucker Act, 339-353. 
 
 claimant as, 318. 
 
 color not to exclude, 317. 
 
 competency, 317, 337, 346. 
 
 cross-examination, 321. 
 
 fees, 323. 
 
 how sworn, 322. 
 writs of error, 347. 
 
 Court of Private Land Claims, 380, note. 
 Courts-Martial (see Articles of War) : 
 accused as witness, 1346. 
 accuser, convening officer as, 1299. 
 approval of proceedings, 1314-1321. 
 arrest, 1292, 1294, 1295. 
 charges, 1293, note, 
 allegations of time and place, 1293, note. 
 
 amendment of, 1293, note. 
 
 convictions, statement of, 1293, note. 
 
 double charges, 1293, note. 
 
 enlistments, statement of, 1293, note. 
 
 framing, 1293, note. 
 
 forms of, 1293, note. 
 
814 
 
 INDEX. 
 
 Courts-MartialContinued. 
 
 allegations of time and place Continued, 
 list of witnesses, 1293, note, 
 multiplication of, 1293, note, 
 preferring, 1293, note, 
 reference for trial, 1293, note, 
 specifications, 1293, note, 
 who may prefer, 1293, note, 
 withdrawal, 1293, note, 
 charges and specifications, 1293, note, 
 closed sessions, 1310. 
 commutation of sentence, 1321, note, 
 competency of witnesses, 1345, note ; 1346. 
 composition, 1299-1304, 1323, 1325, 1327,1329, 1331 
 confinement of enlisted men, etc., 1293-1296. 
 commitment, 1296. 
 escape of prisoner, 1298. 
 provost-marshal, refusal to receive prisoner, 
 
 1296. 
 
 release of prisoners, 1298. 
 reports of prisoners, 1296-1297. 
 constitution, 1299, 1300, 1309, 1323, 1325, 1327, 1329 
 
 1331. 
 
 contempts, 130& 
 actual, 1308. 
 constructive, 1308, note, 
 courts of inquiry, 1308, note, 
 penalty, 1308. 
 procedure, 1308, note, 
 what constitutes, 1308. 
 
 convening officer as accuser, etc, 1299, note, 
 court of inquiry, record of, when evidence, 
 
 1344. 
 
 criminating questions, 1346, note, 
 desertion, limitation on trials for, 1337. 
 destruction of records of minor courts, 532. 
 disposition of records, 532, 1313. 
 disrespect in presence of, 1308. 
 documentary evidence, 1347-1356. 
 escape of prisoner, 1298. 
 evidence (see Witnesses) 
 accused may testify, 1346. 
 criminating questions, 1346, note, 
 documentary, 1347-1356. 
 oath, 1345. 
 rules, 1346, note. 
 
 execution of sentence, 1314-1319. 
 field-officers courts (see Regimental Courts- 
 Martial) 
 
 approval of sentence, 1314, 1319, 1326. 
 brigade commander, 1326. 
 composition, 1325. 
 constitution, 1325. 
 execution of sentence, 1314, 1319. 
 jurisdiction, 1325, 1328. 
 mitigation, 1321. 
 pardon, 1321. 
 post commander, 1326. 
 review of proceedings, 1326. 
 garrison courts (see General and Summary 
 
 Courts-Martial) 
 commutation, 1321. 
 constitution, 1327. 
 execution of sentence, 1314, 1319. 
 jurisdiction, 1327, 1328, 1332. 
 limitation on jurisdiction, 1328. 
 pardon, 1321. 
 
 Courts-Martial Continued, 
 garrison courts Continued. 
 
 review, 1314, 1321. 
 
 sentence, 1328. 
 
 summary courts, 1329. 
 general courts-martial 
 
 appeals to, from regimental courts, 1324. 
 
 approval of proceedings, 1314. 
 
 composition, 1301-1304. 
 
 constitution, 1299. 1300. 
 
 convening officer as accuser, etc., 1299. 
 
 division commander, 1300. 
 
 evidence, 1345-1356. 
 
 juniors in rank not to compose court, 1305. 
 
 jurisdiction, 1305-1307. 
 
 marines, 1304. 
 
 militia and volunteers, 1303, 1307. 
 
 oaths, 1345, 84, 85, and 94 A. W. 
 
 officers triable by, 1305. 
 
 record, 1313. 
 
 President as convening officer, 1299, note, 1300. 
 
 prosecutor as convening officer, 1300. 
 
 rank of members, 1305. 
 
 retainers to camp, 1306. 
 
 review, 1314-1321. 
 
 separate brigades, 1299. 
 
 who may appoint, 1299, 1300. 
 jeopardy, twice in, 1335. 
 j udge-advocates 
 
 appointment, 1309. 
 
 arguments, 1310, note. 
 
 attendance of witnesses, 1311. 
 
 authentication of record, 1313, notes. 
 
 civilian as, 1309, note. 
 
 compulsory process, issue of, 1311. 
 
 duties, 1309, note ; 1310, note ; 1311-1313. 
 
 form of process, 1311. 
 
 interpreters, 1312, note. 
 
 legal advice, 1310, note. 
 
 presumption of good faith, 1311, note. 
 
 record, 1313, notes. 
 
 relief, 1309, note. 
 
 reporters, 1312. 
 
 testimony of, 1310, note. 
 
 withdrawal from closed court, 1310. 
 
 witnesses, compulsory process, 1311, note, 
 jurisdiction, 1305-1307, 1323-1332. 
 limits of punishment, p. 704. 
 militia, composition ofcourts, 1303. 
 preservation of records, 1313. 
 prisoners, confinement of, reports, 1296, 1297. 
 prosecutor, convening officer as, 1299. 
 record 
 
 contents of, 1313, notes, 
 disposition of, 532, 1313, notes, 
 minor courts, disposition of, 532. 
 party entitled to copy, 1322. 
 preparation, 1313 notes, 
 preservation, 1313. 
 redress of wrongs 
 unlisted men, 1324. 
 officers, 29 A. W. 
 release of prisoner, 1298. 
 
 regimental courts (see Field-Officers Courts) 
 appeals from, 1324. 
 approval of sentence, 1314, 1319. 
 composition, 1323. 
 
INDEX. 
 
 815 
 
 Courts-MartialContinued. 
 
 regimental courts Continued, 
 confirmation of sentence, 1314, 1319. 
 constitution, 1323. 
 
 execution of sentence, 1314-1319, 1321. 
 jurisdiction, 1323, 1324, 1328, 1332. 
 limitation on jurisdiction, 1325, 1328, 1329. 
 redress of wrongs, 1324. 
 reporter, 1312. 
 retainers to camp, 1306. 
 reviewing authority, 1314-1321. 
 approval of proceedings, 1314. 
 commutation, 1321, notes, 
 confirmation, 1314-1319. 
 execution of sentence, 1314-1319. 
 mitigation, 1321, notes, 
 pardon, 1321, notes, 
 review, 1314. 
 
 sentence, approval of, 1314. 
 rules of evidence, 1346, note, 
 second trial for same offense prohibited, 1335. 
 sentence 
 approval, 1314-1321. 
 commutation of, 1321, notes, 
 confirmation, 1314-1321. 
 dismissal, 1316, 1317. 
 execution, 1314-1319. 
 general officers, 1318. 
 mitigation, 1321. 
 pardon, 1321. 
 suspension of, 1320. 
 statutes of limitation, 1336, 1337. 
 
 summary courts (see Garrison Courts) 
 
 approval, 1329, 1330. 
 cases tried, reports, 1333. 
 composition, 1329, 1331. 
 docket, 1329. 
 
 execution of sentence, 1329. 
 jurisdiction, 1323, 1327-1329, 1332. 
 mitigation, 1330. 
 oaths, 1329. 
 
 objections to hearing, 1332. 
 procedure, 1329. 
 punishments, limits of, 1334. 
 record, 1329, 1333. 
 remission, 1330. 
 reports, 1333. 
 
 requests for court-martial, 1332. 
 specific penalties, 1334. 
 twice in jeopardy, 1335. 
 witnesses 
 accused as, 1346. 
 attachment, 1311. 
 attendance, how secured, 1311. 
 competency, 1345, note, 
 compulsory process, 1311. 
 service of summons, 1311, note, 
 volunteers, composition of courts, 1303. 
 Courts of Inquiry (115-121 A. W.) : 
 composition, 1339. 
 constitution, 1338. 
 evidence, 1341, 1344. 
 merits, opinion on, when given, 1342. 
 oath, 1340. 
 
 opinions, when given, 1342. 
 
 ordered by commanding officers only on request 
 of officer or soldier, 1338. 
 
 Courts of Inquiry-Continued. 
 President, power of, to convene, 1338. 
 procedure, 1340-1343. 
 record, 1343. 
 
 as evidence, 1344. 
 recorder, 1340, 1341. 
 witnesses, 1341. 
 
 Courts of the United States. (See Court of Claims, 
 Department of Justice, and Habeas Corpus.) 
 Cowardice, 42 A. W. 
 Cramptons Gap : 
 
 marking lines, etc., 1829. 
 Credit Sales. (See Subsistence Department.) 
 Crimes (see Articles of War and Courts- Martial) : 
 bribery, 510, 511. 
 criminal correspondence, 1590. 
 deposits of money, failure to make, 499. 
 during war, rebellion, etc., 58 A. W. 
 embezzlement, 499, 508. 
 frauds, etc., 60 A, W. 
 officer, being interested in claim, 509. 
 to prejudice of good order and military disci- 
 pline, 62 A. W. 
 
 Cumulative Leaves (see Leaves of Absence), 951. 
 Customs Service: 
 
 classification, 92. 
 
 Damaged Property. (See Property Accountability.) 
 Damage to Stores : 
 deduction for, 1234, 1235. 
 penalty, 1235, 15 A. W. 
 Debts Due by or to the United States: 
 debtors, discharge of, 191, 192. 
 executors, liability of, 185. 
 poor debtors, discharge of, 191, 192. 
 priority of, 184. 
 recovery of, 140. 
 sureties, priority of, 186. 
 Deceased Officers: 
 effects of, 993, 994. 
 
 interment in national cemeteries, 1868, 1869. 
 orphans, preference to, 24. 
 Deceased Soldiers : 
 effects of, 1069, 1070. 
 
 interment in national cemeteries, 1868, 1869. 
 orphans of, preference to, 24. 
 Decisions of 
 
 accounting officers, 141, 143, 145. 
 'Jomptroller, 136. 
 Decoration Day (see Holidays) : 
 
 a holiday, 36. 
 Decorations (see Foreign Decorations) : 
 
 foreign, wearing of, etc., 1005, 1006. 
 Deficiency of Property. (See Property Account- 
 ability.) 
 Delivery of Official Letters: 
 
 free, 264-267. 
 
 Department Commanders : 
 assignments of, 452, note. 
 
 courts-martial, convening of, 1299, 1300, 72 A.W. 
 headquarters of, 453, 454. 
 
 supervision of telegraphic constructions, 71, 924. 
 Department of Justice. (See Attorney -General 
 
 and Justice, Department of.) 
 Departments, Military: 
 assignments to command, 452, note, 
 commanders of, 452, note. 
 
816 
 
 INDEX. 
 
 Departments, Military Continued, 
 headquarters of, 453, 454. 
 records of minor courts, 532. 
 staff of, 452, note. 
 Depositions (91, 92 A. W.) : 
 
 in claim cases, 38. 
 Depositaries (see Depositories) : 
 checks, duplicate, 514. 
 duties, 221-225, 485. 
 failure to keep funds, 500. 
 lost checks, 514. 
 
 receiving money unlawfully, 508. 
 reports, 221. 
 Depositories: 
 deposits in, 228, 229. 
 reports, 221. 
 transfers, 486. 
 Deposits of Enlisted Men: 
 amount, 654. 
 
 appropriation from which paid, 657." 
 books, 654. 
 forfeiture of, 654. 
 interest on, 655. 
 payable at discharge, 654, 655. 
 Deposits of Refuse, etc., in Navigable Waters, 
 
 826-828. 
 
 unlawful, penalty, 499. 
 Deputy Commissary-General, 575. 
 Deputy Judge-Advocate-General, 527. 
 Deputy Quartermasters-General, 533. 
 Deputy Surgeons-General, 662, 663. 
 Deserters (see Desertion) : 
 apprehension, 1048, 1049. 
 arrest, 1048, 1049. 
 
 civil officers may arrest, 1048, 1049. 
 delivery, 1050. 
 deposits forfeited by, 1044. 
 enlistment forbidden, 1042, 1043. 
 expenses of apprehension, 1048, note, 
 forfeitures, 1037-1044. 
 payment of reward, 1048, note, 
 release, 1066, note, 
 reward, 1048, note; 1050. 
 securing, 1050. 
 
 to serve full term, 1037, 48 A. W. 
 Desertion (see Deserters) : 
 advising, penalty, 1045, 51 A. W. 
 avoidiug draft, 1040. 
 bounty land, 1041. 
 charges of, removal, 1052-1066. 
 citizenship forfeited, 1038. 
 definition, 1036, note, 
 dismissal of officer for, 956. 
 enlistment after, 1042, 1043. 
 enlisting without discharge, 50 A. W. 
 forfeitures, 1037-1044. 
 limitation on trials for, 1066, 1337. 
 penalty, 1036. 
 persuading, penalty, 1045. 
 removal of charge, 1052-1066. 
 resignation, when considered as, 49 A. W. 
 statute of limitations, 1066, 1337. 
 statutory penalties, 1037-1044. 
 
 Destruction, etc., of Property, 55 A. W. 
 Detachments : 
 
 command of, 443. 
 
 Details to Colleges. (See College Details.) 
 [Diplomatic Service : 
 officers not eligible to, 954. 
 Usability. (See Pensions, Retired Officers, and 
 
 Soldiers' Home.) 
 Disbursements (see Accounts) : 
 accounts, 487-489. 
 advances prohibited, 481. 
 compensation, restriction on, 114, 696. 
 deposits, 484, 486. 
 exchanges prohibited, 482. 
 fiscal year, 489. 
 funds for, how obtained, 480. 
 inspection of, 478. 
 loans prohibited, 485. 
 moneys, how kept, 485. 
 National Homes, 524. 
 premiums, 483. 
 
 Disbursing Agents (see Disbursing Officers) : 
 appointment, 255. 
 collectors to act as, 254. 
 compensation, 254, 256. 
 expenses, 253. 
 
 Disbursing Clerks (see Disbursing Officers) : 
 appointment, 18. 
 bonds, 18. 
 
 contingent funds, 45-47. 
 duties, 18. 
 salary, 18. 
 Disbursing Officers (see Accounts and Accounting 
 
 Officers) : 
 
 accounts, rendition of, 232, 495, 496. 
 advances forbidden, 481. 
 application of funds, 488-489. 
 bonds, 466-475, 515, 605. 
 examination of, 515. 
 inspection, 515. 
 renewal, 515, 605. 
 bribery, 510, 511. 
 checks, 219, 252, 486, 51 4. 
 claims, not to be interested in, 509. 
 conversion, evidence of, 499, 501, 507. 
 
 penalty, 499. 
 
 deceased, duplicate checks of, 514. 
 deficiency in accounts, sureties, 476. 
 delinquent, report of, 148. 
 disbursing duty on fortifications, 696. 
 distress warrants, 235-249. 
 duplicate checks, 514. 
 
 duties in respect to the use of funds, 249, 480-489. 
 embezzlement, 499-503. 
 entries of receipts and transfers, 487. 
 examination of bonds, 515. 
 exceeding appropriations, 512. 
 exchanges of funds restricted, 482. 
 expenditures on commissions, etc., 178. 
 extra pay for disbursements forbidden, 114, 696. 
 failure to account, 243. 
 fraudulent conversion, 499, 501, 507. 
 funds to be deposited, 484. 
 inspection of accounts, etc., 478 
 
INDEX. 
 
 817 
 
 Disbursing Officers Continued. 
 
 loaning public funds, penalty, 485, 499, 501, 508. 
 
 lost checks, 514. 
 
 misapplication, 499. 
 
 monthly accounts to be rendered, 232. 
 
 outstanding accounts, 220. 
 
 refusal to pay warrants, drafts, etc., 506. 
 
 renewal of bonds, 515. 
 
 sureties, inspection of, 515. 
 
 surety company as surety, 467-475. 
 
 withdrawing money, penalty, 499. 
 Discharged Soldiers : 
 
 preference to, in reductions, 24. 
 Discharge of Enlisted Men (4 A. W.) : 
 
 certificates of, 72, 1033-1035. 
 
 disability, 1031, note. 
 
 dishonorable, 1031, note. 
 
 evidence of, to be returned, 162, 1035. 
 
 forms of, 1031, note. 
 
 honorable, 1031, note; 1060. 
 
 loss of, 72, 1033-1034. 
 
 power to grant, 1031, 1032. 
 
 purchase of, 1032. 
 
 return of, by accounting officers, 162, 1035. 
 
 without honor, 1031, note. 
 
 written, to be furnished, 1031. 
 Discharge of Officer : 
 
 on failure to pass examination, 941, 942. 
 Discretionary Duty, 6, note. 
 Disloyalty (see Pensions) : 
 
 a bar to prosecution of claims, 164, 165, 209, 312, 
 313. 
 
 burden of proof, 313. 
 
 definition of term, 200. 
 Dismissal of Officers: 
 
 court-martial for dismissed officer, 957. 
 
 desertion, 956. 
 
 Disobedience of Orders, 21 A. W. 
 Disposition of Useless Papers, 82, note. 
 
 Disrespect to 
 
 President, 19 A. W. 
 
 commanding officer, 20 A. "W". 
 
 Congress, 19 A. "W. 
 Distress Warrants : 
 
 applicable, to whom, 244. 
 
 contents, 236. 
 
 conveyance of lands, 241. 
 
 execution, 237, 238. 
 
 failure to account, 243. 
 
 injunction to stay, 246. 
 
 lands, conveyance of, 241. 
 sales, 240. 
 
 levy to be a lien, 239. 
 
 postponement of, 245. 
 
 procedure in court, 247. 
 
 rights of United States reserved, 248. 
 
 surety, execution against, 238. 
 
 surplus, disposal of, 242. 
 
 Distribution of Arms to States, etc., 1279-1282. 
 District Courts: 
 
 jurisdiction over claims, 203. 
 District of Columbia: 
 
 assistants to Engineer Commissioner, 728, 729. 
 
 1919 53 
 
 District of Columbia-Continued. 
 
 Commissioners, 724-727. 
 compensation, 725, 726. 
 organization, 724-727. 
 powers, 724-727, 731. 
 
 deposits in harbor, 852-855. 
 
 engineer assistants, 728, 729. 
 
 Engineer Commissioner, 724-727. 
 assistants, 724, 728, 729. 
 rank, 725, 727. 
 salary, 725, 726. 
 
 estimates, 730. 
 
 harbor regulations, 852-855. 
 
 militia, 1286^1288. 
 Divine Service : 
 
 misconduct at, 52 A. W. 
 Divisions: 
 
 tactical, organization of, 452. 
 
 territorial, 452, note. 
 Documentary Evidence, 1347-1356. 
 Domestic Violence (see Force, Employment of), 
 
 1501-1504. 
 Domestic Productions, etc.: 
 
 preference for, 883, 1158, 1163. 
 Donations of Cannon, Balls, etc., 876. 
 Draft: 
 
 evasion of, 1363. 
 Draft Animals. (See Animalt.) 
 \ Drafts (see Checks) : 
 Draftsmen : 
 
 compensation, 31. 
 
 employment, 28, 31, 710. 
 Drawbridges, 817, 819. 
 Drunk on Duty, 38 A. W. 
 Duels : 
 
 allowing persons to fight, etc., 27 A. W. 
 
 challenges, 26 A. W. 
 
 seconds, promoters, etc., 27 A. "W. 
 
 upbraiding, etc., for refusing challenge, 28 
 
 A.W. 
 
 Duplicate Checks, 514. 
 Duty: 
 
 hiring of, 36 A. W. 
 
 drunk on, 38 A. W. 
 
 neglect of, 62 A. W. 
 Effects of 
 
 deceased officers, 993, 994 ; 125 A. W. 
 
 soldiers, 1069, 1070 ; 126 A. W. 
 Eight-hour Law, 1193-1196. 
 Elections: 
 
 interference in, by troops, prohibited, 1551. 
 Elective Franchise, 1551, 1552. 
 Eligibility for Promotion: 
 
 certificates of, 948, 949. 
 Embezzlement: 
 
 evidence in, 505. 
 
 offense, 499-504. 
 
 Emergency Purchases (see Contracts and Pur- 
 chases and the Sta/ Departments) : 
 
 in general, 1150, 1151. 
 
 Medical Department, 694. 
 
 Ordnance Department, 872. 
 Quartermaster's Department, 540, 570. 
 Subsistence Department, 540, 591. 
 Emergency Ration, 580, note, 
 amount of, to be carried on person, 580, note, 
 
818 
 
 INDEX. 
 
 Emergency Ration Continued. 
 
 components, 580, note. 
 
 issues of, 580; note. 
 Emoluments of Officers : 
 
 to appear in Army Register, 434. 
 Employees (see Civil Service, Clerks, and Civilian 
 Employees) : 
 
 administration of oaths by, 32-34, 73, 74. 
 
 appointment, 21, 22, 27-30, 83-88. 
 
 apportionment of appointments, 88. 
 
 classification, 92, 93. 
 
 compensation, 26-31. 
 
 contribution for political purposes, etc., forbid- 
 den, 88, 97-101. 
 
 detailed, reports of, 48. 
 
 efficiency of, below standard, to be reported, 55. 
 
 intoxicating liquor, use of, 94. 
 
 lists for Biennial Register, 53. 
 
 oath of office, 34, 104, 105, 106. 
 
 probation of, 88. 
 
 restrictions on appointment, 21, 22, 27, 28, 30, 31, 
 
 salary, 25, 26, 27, 31. 
 
 services, how secured, 83-103. 
 
 vacancies, how filled, 88. 
 
 Employment of Military Force. (See Force, Em- 
 ployment of.) 
 Enemy : 
 
 corresponding with, 46 A. "W. 
 
 misbehavior before, 42 A. W. 
 
 relieving, 45 A. W. 
 Engineer Battalion (see Engineer Corps) : 
 
 adjutant, 703. 
 battalion organization, 701. 
 
 company organization, 702. 
 
 corporals, 702. 
 
 duties, 704. 
 
 enlisted men, 701-706. 
 
 establishment, 436. 
 
 fortification duty, 704. 
 
 instruction of, 704. 
 
 laborers, 704. 
 
 Military Academy, duties at, 704. 
 
 musicians, 702. 
 
 officers to be detailed, 703. 
 
 organization, 701. 
 
 overseers, 704. 
 
 pontoniers, instruction as, 704. 
 
 pontoons, etc., forms prescribed by Chief Engi- 
 neer, 705. 
 
 privates- 
 first class, 702. 
 second class, 702. 
 
 quartermaster, 703. 
 
 quartermaster-sergeant, 701. 
 
 returns, 7 A. W. 
 
 sappers and miners, instruction as,704. 
 
 sergeant-major, 701. 
 
 sergeants, 702. 
 
 signal duty, 706. 
 
 tools, implements, etc., prescribed by Chief En- 
 gineer, 705. 
 
 vehicles, etc., prescribed by Chief Engineer, 705. 
 Engineer Department (see Fortifications and River 
 and Harbor Works) : 
 
 anchorage grounds, 848-851. 
 
 annual reports to be furnished by October 1, 713. 
 
 Engineer Department Continued, 
 battalion of engineers, 701-706. 
 bridges over navigable waters, 816-819. 
 buildings and grounds, 714-720. 
 canals, operation of, 813-315. 
 Chief Engineer- 
 annual reports, 709,713. 
 
 appointed from corps, 455. 
 
 civil engineers, employment of, 708-709. 
 
 compensation, limitation on, 739. 
 
 harbor lines, 820-822. 
 
 pontoons, vehicles, etc., form and number reg- 
 ulated by, 705. 
 
 public buildings and grounds, 714-720. 
 
 rank, 695. 
 
 regulates form, dimensions, number, etc., of 
 pontoons, tools, etc., 705. 
 
 use of Congressional Library, 711. 
 
 "Washington Aqueduct, 732-745. 
 charts, sales of, 75. 
 civil engineers, 708-710. 
 clerical force, 64. 
 command, 697. 
 
 Commissioners of District of Columbia, 724-731. 
 deposits in navigable waters, 826-828. 
 disbursing duty, 696. 
 District of Columbia, harbor regulations, 852- 
 
 855. 
 
 draftsmen, 710. 
 duties, 695, note; 697. 
 
 limits of, 697. 
 
 employment of retired officers, 709, note, 
 establishment of, 436. 
 estimates, 712. 
 
 examinations, 459, 461, 462, 698 -700. 
 fortifications, 792, 793. 
 harbor lines, 820-822. 
 injuries to works, penalties, 823-830. 
 light-house duty, 721-723. 
 mileage on land-grant railroads, 707. 
 Mississippi River Commission, 713, 747-753. 
 Missouri River Commission, 713, 759-762. 
 navigable waters of the United States, 794-805. 
 New York Harbor, deposits in, 835-847. 
 obstructions or injuries to works, 823-830. 
 officers (see Commissioned Officers), 695. 
 
 disbursing duty, 696. 
 
 examinations, 459-462, 698-700. 
 
 examining boards, 459-462. 
 
 promotions, 457, 458, 699. 
 
 quarters, etc., 792, note. 
 
 transfers to line, 464, 697. 
 organization, 695. 
 
 public buildings and grounds, 714-720. 
 removal of wrecks, etc., 831-833. 
 retired officers, employment of, 709, note, 
 river and harbor works, 794-805. 
 secretary of 
 
 Light-House Board, 721. 
 
 Mississippi River Commission, 752. 
 
 Missouri River Commission, 762. 
 signal duty, 706. 
 State, War and Nary Building: 
 
 superintendent of, 82. 
 sunken vessels, obstruction by, 831, 833. 
 Washington aqueduct, 718, 732-745. 
 works of river and harbor improvement, 794,805. 
 
INDEX. 
 
 819 
 
 Engineer Depot at Willets Point, N. ., 1141. 
 Enlisted Men : 
 
 general provisions respecting, 1012-1070. 
 absence without leave, 1051. 
 age, 1012-1017. 
 allowances 
 
 clothing, 562-565. 
 
 fuel, 571, note. 
 
 quarters, 571, note. 
 
 rations, 580, 586. 
 
 retired soldiers, 1027. 
 
 Articles of War, subject to, p. 704; 2 A. W. 
 artificers- 
 artillery, 1076. 
 
 infantry, 1079. 
 
 ordnance, 868. 
 artificial limbs, 680-687. 
 assignment of pay prohibited, 650. 
 barracks, 571, note, 
 candidates for promotion, 946, 949. 
 certificate in lieu of lost discharge, 72, 1033. 
 certificates of merit, 1008. 
 chief musicians 
 
 artillery, 1075. 
 
 cavalry, 1071. 
 
 infantry, 1078. 
 citizenship, 1016. 
 clothing 
 
 accounts, 563, 564. 
 
 allowance, 562, 563. 
 
 alterations, 567, 568. 
 
 gratuitous issues, 565. 
 
 selling, etc., 566. 
 colored men, 1073, 1080. 
 commissary-sergeants, 579. 
 commutation of rations, 585, note, 
 confinement, 1293, 1294, 1295, 1296; 66, 67, 68,69, 70 
 
 A.W. 
 
 cooking, supervision of, 596, 670. 
 corporals- 
 artillery, 1076, 1077. 
 
 cavalry, 1072. 
 
 engineers, 702. 
 
 infantry, 1079. 
 
 ordnance, 867. 
 
 debt, exemption from arrest for, 1067. 
 deceased, 1069, 1070. 
 deductions for Soldiers' Home, 1730. 
 deposits, 654-657. 
 desertion, 1036-1050. 
 discharge, 1031-1035. 
 dishonorable discharge, 1031, note, 
 engineers, 701-706. 
 enlistment, 1012-1017. 
 examinations for promotion, 946-949. 
 exemption from arrest for debt, 1067. 
 extra-duty pay, 555-558. 
 faithful service, 1021, note, 
 farriers, 1072. 
 
 fraudulent enlistment, 1020. 
 furloughs, 1028, 1029. 
 honest and faithful service, 1021, note, 
 honorable discharge, 1031, 1034. 
 Hospital Corps, 673-679. 
 instructors of music, 1071, 1075, 1078. 
 interment in national cemeteries, 1868, 1869. 
 
 ! Enlisted Men Continued, 
 loss of discharge, 72, 1033. 
 medals of honor, 1007. 
 minors, enlistment of, 1012-1017. 
 musicians- 
 artillery, 1076. 
 
 cavalry, 1072. 
 
 engineers, 702. 
 
 infantry, 1079. 
 ordnance, 865-868. 
 pay, 638-653, 1021-1025. 
 pensions, 1594-1710. 
 principal musicians 
 
 artillery, 1075. 
 
 infantry, 1078. 
 privates- 
 artillery, 1076. 
 
 cavalry, 1072. 
 
 engineers, 702. 
 
 Hospital Corps, 673, 677-679. 
 
 infantry, 1079. 
 
 ordnance, 867. 
 promotion of, 946-949. 
 purchase of discharge, 1032. 
 
 subsistence, 587, 588, 590, 591. 
 qualifications for enlistment, 1012-1017. 
 quartermaster-sergeants 
 
 artillery, 1075, 1076. 
 
 cavalry, 1071, 1072. 
 
 company, 1072, 1076, 1079. 
 
 engineers, 702. 
 
 infantry, 1078, 1079. 
 
 post, 538. 
 
 regimental, 1071, 1075, 1078. 
 quarters, 571, note, 
 rations, 580-586. 
 recruits, credit at depots, 651. 
 re-enlisted pay, 643, 1018, 1021-1025. 
 remains, disposition of, 1070, note ; 1868, 1869. 
 removal of charge of desertion, 1052-1065. 
 retirements, 1026-1027. 
 
 allowances, 1027. 
 
 pay in, 646-1026. 
 saddler sergeants, 1071. 
 sergeant-maj ors 
 
 artillery, 1075. 
 
 cavalry, 1071. 
 
 engineers, 701. 
 
 infantry, 1078. 
 sergeants 
 
 artillery, 1076. 
 
 cavalry, 1072. 
 
 engineers, 702. 
 
 infantry, 1079. 
 
 of ordnance, 867. 
 
 ordnance, 865, 866. 
 
 signal, 919. 
 
 servants, not to bo used as, 992. 
 service, character of, determined by Secretary 
 
 of War, 1021, note. 
 Signal Corps, 919, 921, 922. 
 Soldiers' Home, 642, 1714-1736. 
 statute of limitations in desertion, 1066. 
 subject to Articles of War, p. 704. 
 term of enlistment, 1018. 
 transfers, 1030, note. 
 
820 
 
 INDEX. 
 
 Enlisted Men Continued. 
 
 trumpeters, 1072. 
 
 trusses, 688-690. 
 
 working parties, 555, 558. 
 
 written discharges, 1031. 
 Enlistments (see Reenlistments) : 
 
 age, 1012-1017. 
 
 citizenship, 1016. 
 
 contract of, nature, 1012, note ; 1017, note, 
 voidability of, 1017, note. 
 
 fraudulent, 1020. 
 
 honest and faithful service, 1018, 1021, note. 
 
 minors, 1012, 10H, 1015, 1017. 
 
 premium, 1019. 
 
 prohibited, 1013-1016. 
 
 re-enlistment, 1021-1024. 
 
 Secretary of "War to determine character of 
 service, 1021, note. 
 
 term, 1018. 
 
 voidable, when, 1017, note. 
 Envelopes: 
 
 contracts for, by Post-Office Department, 268. 
 
 Executive Departments, how supplied, 268. 
 
 penalty, 264, 265. 
 Equipments, etc., for Militia: 
 
 appropriation for, 1275, 1276-1287. 
 Estimates (see Appropriations) : 
 
 amounts outstanding to be included in, 170. 
 
 Book of, 172. 
 
 buildings, 169. 
 
 Executive Departments, 48, 166-174. 
 
 explanations, 166, 169, 170. 
 
 laws, references to, 166. 
 
 preparation, 166. 
 
 printing, 167. 
 
 public works, 169. 
 
 salaries, 168. 
 
 submitted through Secretary of Treasury, 172. 
 Evidence (see Witnesses) : 
 
 accused persons, 1346. 
 
 affirmations, 1345. 
 
 books in Executive Departments, 1347. 
 
 Congress, extracts from journals of, 1352. 
 
 certification of records, 150, 1347-1349. 
 
 consular documents aud records, 1353. 
 
 courts of inquiry, 1344. 
 
 criminating questions, 1346, note. 
 
 documentary evidence, 1347-1356. 
 
 documents in Executive Departments, 1347. 
 
 embezzlement, transcripts from books of Treas- 
 ury, 1356. 
 
 husband and wife, 1346, note. 
 
 laws, judicial records of States, 1354, 1355. 
 
 laws of United States, 402, 419, 422, 428, 1356. 
 
 oath, 1345. 
 
 papers in Executive Departments, 1347. 
 
 presumptions as to performance of duty, 1346, 
 note. 
 
 privileged communications, 1346, note. 
 
 record of court of inquiry, 1344. 
 
 records in Executive Departments, 1347. 
 
 returns office, copies of contracts, etc., as evi- 
 dence, 1351. 
 
 Revised Statutes, 402. 
 
 rules of, 1346, note. 
 
 Solicitor's Office, Treasury Department, records 
 as evidence, 1348. 
 
 Evidence Continued. 
 
 States, legislative acts, 1354, 1355. 
 
 Treasury, transcripts from books, 1349. 
 Examinations : 
 
 appointees from civil life, 942, 943. 
 
 candidates for promotion, 946, 949. 
 
 enlisted men for promotion, 946-949. 
 
 failure to pass, 941, 942. 
 
 officers for promotion, 941-943. 
 
 physical, 941. 
 Exceptional Articles : 
 
 purchases of, 591. 
 Exchange of Funds: 
 
 prohibited, 482. 
 
 Exchange of Prisoners, pp. 793-795. 
 Exchanges, Post: 
 
 buildings, use of, 1224. 
 
 expenditures on, prohibited, 1224. 
 
 transportation, use of, 1224. 
 Executive (see President) : 
 
 appointing power, 4. 
 
 Cabinet, 2. 
 
 commander in chief, 2. 
 
 Departments, 5-61. 
 
 duties, 2, 6. 
 
 force, use of, in support of civil authority, 1501- 
 1593. 
 
 pardons, 2. 
 
 powers, 1, 2, 4. 
 
 term of office, 3. 
 
 Executive Departments (see Executive, Depart- 
 ments, and Secretaries of State, War, Navy, 
 etc.) : 
 
 absence with leave of employees, 19. 
 
 adjustment of force, 31. 
 
 appropriations not to be exceeded, 28-31, 488. 
 
 arms for protecting money and property, 912a. 
 
 arrears of business, 48. 
 
 attorneys, oaths by, 198. 
 
 biennial register of clerks, etc., 53. 
 
 civil-service law, 83-103. 
 
 claims, 38-40, 302, 333. 
 
 clerical force- 
 employment, 16, 21, 22, 27-31, 49, 83-103. 
 limitation on, 27, 28-31. 
 
 clerks and employees, 15, 16, 20-31, 83-103. 
 
 closing buildings as mark of respect, 58. 
 
 contingent funds, 45-47. 
 expenditures, 45-47. 
 newspapers, 46. 
 reports, 47. 
 written orders for, 45. 
 
 contracts of, not to exceed appropriations, 489. 
 
 counsel, how obtained, 41, 43. 278, 279. 
 
 Court of Claims, reference of claims to, 302, 333, 
 350. 
 
 detailed employees, 23, 48. 
 
 dispatch of business, 16, 17. 
 
 disposition of useless papers, 82 note. 
 
 draping of buildings in mourning, 57. 
 
 employees, how secured, 83-103. 
 limit on number, 28. 
 not to act as counsel, etc., 44. 
 
 envelopes for, how obtained, 268. 
 
 estimates, 48, 166-173. 
 
 evidence for Court of Claims, 42, 333. 
 
INDEX. 
 
 821 
 
 Executive Departments Continued, 
 expenditures of, not to exceed appropriations, 
 
 488. 
 
 newspapers, 46. 
 franking privilege, 264-267. 
 hours of labor in, 19. 
 inventories, 52. 
 investigation of claims, 38-44. 
 mourning, draping of buildings, etc., 57. 
 opinions of Attorney-General, 273, 274. 
 papers, useless disposition of, 82, note, 
 penalty envelopes for replies, etc., 60. 
 
 use of, 264, 265. 
 postage stamps, 59. 
 printing and binding, estimates, 167. 
 procurement of supplies, 1152, 1153. 
 prosecution of claims, 38-44. 
 protection of money and property, 912a. 
 reductions, how effected, 24. 
 regulations, 6. 
 renting of buildings, 61. 
 reports, 47-55. 
 annual, 47-49, 51, 54, 55. 
 clerks, 49, 55. 
 condition of business, 48. 
 contingent fund, 47. 
 documents pertaining to, to go to printer on 
 
 November 1,51. 
 efficiency of employees, 55. 
 period covered in, 50, 51. 
 rented buildings, 54. 
 rules for accounting, 153. 
 salaries, 25. 
 
 services, how obtained, 83-103. 
 use of form in Revised Statutes, 5. 
 Exemption of Enlisted Men From Arrest for 
 
 Debt, 1067. 
 
 Expatriation. (See Citizenship.) 
 Expert Accountant (see Inspector- General's De- 
 partment) : 
 appointment, 521. 
 mileage, 634. 
 pay, 521. 
 
 travel allowances, 634. 
 Extradition (see Force, Employment of) : 
 accused, protection of, 1574. 
 agent, powers of, 1575. 
 obstructing agent, 1576. 
 protection of accused, 1574. 
 Extra Duty (see Quartermaster's Department) : 
 artisans, 555, 558. 
 clerks, 555, 558. 
 details, 555-557. 
 laborers, 555, 558. 
 mechanics, 555, 558. 
 rates of pay, 555, 558. 
 school teachers, 555, 558. 
 teamsters, 555, 558. 
 False Alarms, 41 A. W. 
 False Muster, 5, 14 A. W. 
 Farriers. (See Enlisted Men.) 
 Fees of Witnesses : 
 before military courts, 1345, note, 
 in claim cases, 39. 
 
 Field-Officers Courts (see Military Tribunals), 
 1325, 1326. 
 
 Fiscal Year (see Accounts and Accounting Officers) : 
 
 accounts to relate to, 131. 
 
 appropriations for arming militia, etc., not to 
 lapse, 1283, 1284. 
 
 funds outstanding at close of, 218. 
 
 limits of, 131. 
 
 Fishways in Biver and Harbor Works, 834. 
 Flag of the United States, 1875, 1876. 
 Flags Collected in the War Department, 68. 
 Forage : 
 
 allowances, 559, 560, 571, note. 
 
 discrimination in issues forbidden, 560. 
 
 furnished by Quartermaster's Department, 559. 
 Force, Employment of: 
 
 civil rights, enforcement of, 1548. 
 
 combinations in restraint of trade, 1557. 
 
 elections, interference with prohibited, 1551,1552. 
 
 extradition, protection of accused, 1574. 
 
 guano islands, 1584. 
 
 health, public, quarantine, 1553. 
 
 how used, 1562, note. 
 
 insurgents, proclamation to, 1504. 
 
 insurrection, 8. 
 against State, 1501-1503. 
 against United States, 1501, 1502. 
 
 intercourse, suspension of, 1514-1535. 
 
 invasion, resisting, 1505, 1506. 
 
 mails, obstruction of, 1556. 
 
 militia, employment of, 1505-1507. 
 
 neutrality laws, 1569, 1570. 
 
 peonage, abolition of, in New Mexico, 1549, 1550. 
 
 posse-comitatus act, 1562. 
 
 proclamation to insurgents, 1504. 
 
 public lands, 1554-1555. 
 felling timber, 1504. 
 resisting inclosure of, 1554. 
 trespassers, ejection of, 1555. 
 
 quarantine, enforcement of, 1553. 
 
 removal of intruders from Indian reservation, 
 1508-1513. 
 
 resisting inclosure of public lands, 1504. 
 
 restrictions on use of, 1562. 
 
 timber depredations, 1554. 
 
 treason, 1586-1593. 
 
 trespassers on public lands, 1555. 
 
 trusts, etc., in restraint of trade, 1557. 
 Forest Reservations : 
 
 boundaries of, in California, 1856. 
 
 control, etc., 1857. 
 
 establishment, 185G. 
 
 President may establish, 1858. 
 
 supervision, 1857. 
 Foreign Decorations : 
 
 acceptance, 1005. 
 
 display of, 1005. 
 
 tender of, channel, 1006. 
 
 wearing of, 1005. 
 Forms of Accounts : 
 
 to be prescribed by Comptroller, 135. 
 Fortification Board. (See Board of Ordnance and 
 
 Fortification.) 
 
 Fortifications (see Engineer Department and 
 Board of Ordnance and Fortification) : 
 
 acquisition of lands, 792. 
 
 appropriations for, 792, 793. 
 
 condemnation proceedings, 792. 
 
822 
 
 INDEX. 
 
 Fortifications Continued . 
 
 contracts for, 792, 793. 
 
 disbursements, 696. 
 
 expenditures, limitation on, 792, 793. 
 
 sites for, 792. 
 
 supervision, 696. 
 
 Fourth of July. (See Holidays.) 
 Franking Privilege : 
 
 Members of Congress, 266. 
 
 officers of the Army, 264-267. 
 
 official letters, 264-267. 
 Fraudulent Conversion, 499, 501, 504. 
 Fraudulent Enlistment, 1020. 
 Frays, Disorders, etc., 24 A. W. 
 Free Delivery of Official Letters, 264-267. 
 Fuel: 
 
 allowances, 571, note. 
 
 allowance of, to officers prohibited, 559. 
 
 inspection of, in District of Columbia, 1186-1188. 
 Funds (see Accounts, Moneys, and Treasury De- 
 partment) : 
 
 accounts of, 495, 496. 
 
 advances of, forbidden, 481. 
 
 conversion, fraudulent, 499, 501, 504. 
 
 deposit of, with Treasurer, etc, 484-486. 
 
 embezzlement, 498-508. 
 
 exchange of, restricted, 482. 
 
 loaning, etc., forbidden, 485. 
 
 outstanding three years, disposition of, 220. 
 
 receipts and transfers, 486, 487. 
 
 receiving, unlawfully, 508. 
 
 transfers, 486, 487. 
 Funeral Expenses: 
 
 enlisted men, 1070, note. 
 
 officers, 993, note. 
 Furloughs, 1028, 1029; 11 A. W. 
 Furniture for Barracks and Offices: 
 
 allowance, 571 note. 
 Gardens (see Military Posts) : 
 
 expenditures on, prohibited, 1224. 
 Garrison Courts-Martial (see Courts-Martial) -. 
 
 sentences respecting, 108 A. W. 
 General of the Army (436) : 
 
 office discontinued, 436. 
 
 retirement, 985. 
 General Officers: 
 
 aids, 442. 
 
 allowances, 559, 571, note. 
 
 assignments to command, 452, note. 
 
 militia, 1261. 
 
 number, 436. 
 
 pay, 608. 
 
 rank, 436. 
 
 retirement, 965. 
 Geneva Convention: 
 
 additional articles, pp. 767-775. 
 
 administrative service, p. 764. 
 
 ambulance, definition, p. 771. 
 neutralization of, pp. 764, 770, 771. 
 
 badge, 766. 
 
 belligerents 
 
 communication, regulation of, p. 773. 
 contributions, exemption from, 765. 
 suspension of convention, p. 775. 
 
 boats, collecting wounded, p. 771. 
 
 brassart, p. 766. 
 
 Geneva Convention Continued, 
 communication by ships, etc., may be inter- 
 dicted, p. 773. 
 contributions, p. 771. 
 delivery of wounded, condition, p. 765. 
 enforcement, p. 766. 
 evacuations, direction of, p. 765. 
 
 withdrawal of property, p. 764. 
 flag, p. 765. 
 
 governments to be invited to accede, p. 766. 
 hospitals, pp. 764, 770, 771. 
 
 flag, p. 765. 
 
 neutralization of, pp. 763, 764. 
 
 not to be held by military force, p. 763. 
 
 property, pp. 763, 764. 
 
 to be inviolate, p. 763. 
 
 inhabitants of country to be free, pp. 764, 765. 
 marine, articles concerning, pp. 771, 772. 
 medical staff, p. 764. 
 
 naval forces, articles concerning, pp. 771-772. 
 neutrality of ambulances, pp. 763, 764, 771. 
 
 boats, pp. 771, 772. 
 
 cargo, p. 772. 
 
 equipment, p. 772. 
 
 hospital ships, pp. 772, 773. 
 
 hospitals, pp. 763, 764. 
 
 houses, pp. 764, 765. 
 
 inhabitants, p. 764 . 
 
 merchant ships, p. 773. 
 
 persons, pp. 763, 770, 771, 772. 
 
 property, p. 763. 
 
 sick, pp. 763, 772. 
 
 staff, pp. 764, 772. 
 
 vessels, pp. 771, 772. 
 
 wounded, pp. 764, 765, 772. 
 neutralization of staff for 
 
 administration, p. 764. 
 
 boats, p. 771. 
 
 chaplains, pp. 764, 771. 9 
 
 employees, p. 764. 
 
 hospital service, pp. 764, 771. 
 
 medical service, pp. 764, 772. 
 
 religious purposes, pp. 764, 771. 
 
 ships, p. 772. 
 
 superintendence, p. 764. 
 
 transport, p. 764. 
 neutralized persons, p. 764. 
 
 salary to be paid, p. 771. 
 officers, military, detention of, p. 771. 
 original copy deposited in archives of Swiss 
 
 confederation, p. 775. 
 parties, p. 759. 
 
 persons neutralized, pp. 763, 764, 770, 771, 772. 
 proclamation of President, p. 774, note, 
 property not to be withdrawn, pp. 764, 771. 
 
 private may be carried away, pp. 764, 771. 
 protection to 
 
 houses occupied by wounded, p. 766. 
 
 inhabitants of country, p. 764. 
 
 persons attending wounded, p. 764. 
 ratification, p. 760. 
 red cross 
 
 arm badge, p. 766. 
 
 badge of convention, p. 766. 
 
 flag, p. 766. 
 
 sailors, sick or wounded, p. 773. 
 salary of neutralized person s to be secured, p. 771 . 
 
INDEX. 
 
 823 
 
 Genera Convention Continued, 
 ships- 
 cargo, neutralization of, p. 773. 
 
 hospital, p. 774. 
 
 martial law to apply to stores, etc., p. 772. 
 
 merchantmen, p. 773. 
 
 neutralization of, pp. 771, 772. 
 
 not equipped for fighting, p. 772. 
 shipwrecked persons, p. 772. 
 soldiers incapacitated for service to be released, 
 
 p. 765. 
 soldiers, sick or wounded, pp. 764, 773. 
 
 protection of, 765. 
 staff, protection of, by occupying forces, pp. 764, 
 
 771. 
 
 suspension of convention, p. 775. 
 transport service, p. 764. 
 wounded, cure, p. 765. 
 
 delivery, p. 765. 
 
 neutralization, p. 764. 
 
 not to bear arms if released, p. 765. 
 
 release, conditions of. p. 765. 
 Gettysburg National Park: 
 acquisition of lands, 1800-1804. 
 arms, cannon, etc.. 1812. 
 
 avenues and roads. 1802, 1808, 1811, 1813, 1814. 
 battle lines, location and marking, 1802, 1809- 
 
 1811. 
 
 commissioners, 1802-1805, 1808. 
 defacing monuments, tablets, etc., 1806. 
 establishment, 1800, 1801. 
 injuring tablets, monuments, etc., 1806. 
 Lincoln memorial tablet, 1807. 
 Memorial Association, acquisition of lands of, 
 
 1800, 1801. 
 monuments, 1803, 1805, 1806, 1807, 1809, 1810, 1811- 
 
 1814. 
 
 museum, 1812. 
 regulations, 1805, 1806. 
 State monuments, 1803, 1813. 
 supervision, 1802, 1805, 1806. 
 
 tablets, 1802, 1805, 1806, 1807, 1809, 1810, 1811, 1814. 
 Good Order: 
 
 conduct prejudicial to, 62 A. "W. 
 officers to keep, in their commands, 54 A. "W. 
 Government Hospital for the Insane : 
 admissions, 1777. 
 Army, 1777. 
 
 civilian employees, 1777. 
 convicts, 1777, note, 
 disbursements, 1779. 
 discharge of patients, 1777, 1778. 
 establishment, 1775. 
 expenses of maintenance, 1777, note, 
 indigent insane, 1777. 
 National Home for Disabled Volunteer Soldiers, 
 
 1777, note, 
 officers, 1776. 
 
 pensions to inmates, 1780. 
 prisoners of United States, 1777, note. 
 Soldiers' Home, 1777. 
 Grain: 
 
 allowances, 559, note. 
 Grand Army of the Republic : 
 badge, wearing of, 1009, 1010. 
 cannon, balls, etc.. gifts of, 876. 
 
 Gratuitous Issues of 1'lothlng, 565. 
 Guano Islands: 
 
 abandonment of, 1585. 
 
 claim of United States to, 1577. 
 
 criminal jurisdiction, 1583. 
 
 disco very, 1578-1580. 
 
 employment of land and naval forces, 1584. 
 
 exportation of guano, 1581-1582. 
 
 notice of discovery, 1578. 
 
 privileges of discoverer, 1577-1580. 
 Guard, etc. : 
 
 quitting without leave, 40 A. W. 
 Guards: 
 
 command in, 443. 
 Habeas Corpus : 
 
 allowance of, 286. 
 
 appeals, 294-297. 
 
 application for, 285. 
 
 authority to issue writ, 292, note. 
 
 body of party, production of, 289. 
 
 conflict of authority, 292, note. 
 
 hearing, 290, 291. 
 
 judgment, 292. 
 
 operation of writ, 284. 
 
 prisoner in jail, 284. 
 
 production of party, 289. 
 
 power to issue, 282, 283. 
 State courts, 292, note. 
 
 purpose of writ, 292, note. 
 
 return, 287-289. 
 
 time of return, 287. 
 Harbor Lines (see Engineer Department) : 
 
 bulkheads bejond, forbidden, 820. 
 
 constructions outside of, forbidden, 820. 
 
 deposits beyond, forbidden, 820. 
 
 dredging within, 821. 
 
 establishment of, 820. 
 
 piers beyond, forbidden, 820. 
 
 State works, restrictions upon, 822. 
 
 wharves beyond, forbidden, 820. 
 
 works beyond, how constructed, 820, 821. 
 Harpers Ferry : 
 
 marking lines, etc., 1829. 
 Hay: 
 
 allowance, 559, note. 
 Head of Department (see Executive Departments) : 
 
 absence of, temporary provision for, 7. 
 
 action on chief clerk's report, 17. 
 
 business to be expedited, 17. 
 
 counsel, how obtained, 273, 278, 279. 
 
 death, disability, etc., 7. 
 
 detail of clerks, limitation on, 23. 
 
 distribution of clerical duties, 6, 23. 
 
 duties, ministerial and discretionary, 6, note. 
 
 employment of clerical services, restriction on, 
 2&-31. 
 
 general powers, 6, note. 
 
 opinions of Attorney-General, 273, 278, 279. 
 
 resignation, etc., provision for, 7. 
 
 sickness, disability, etc., 7. 
 
 temporary appointments, term of, 12. 
 
 vacancies, temporary, how filled, 7-14. 
 Headquarters : 
 
 location of, 453, 454. 
 Health (see Public Health), 1553. 
 Hiring of Duty (36 A. W.) : 
 
 conniving at, 37 A. W. 
 
824 
 
 INDEX. 
 
 Holidays: 
 
 Christmas Day, 35. 
 Decoration Day, 36. 
 Fourth of July, 35, 36. 
 Labor Day, 37. 
 Memorial Day, 36. 
 New Year's Day, 35. 
 Thanksgiving Day, 35. 
 Washington's Birthday, 35. 
 Horses (see Animal*) : 
 artillery, 548, 549. 
 captured, claims for, 209. 
 cavalry, 548, 549. 
 
 claims for, 207-210, 211, 212, 214, 215. 
 condemned, claims for, 215. 
 forage allowance, 559, 560. 
 limit on number, 549. 
 losing, etc., 17 A. W. 
 lost, captured, etc., claims for, 180, 207-215. 
 Hospital Corps (see Medical Department) : 
 acting hospital stewards, 638, 673, 679. 
 
 detail, 679. 
 
 eligibility for promotion, 679. 
 allowances, 675, 678. 
 ambulance service, 673. 
 company bearers, 673, note, 
 composition, 673. 
 hospital stewards, 673-677. 
 
 allowances, 675. 
 
 appointment, 674. 
 
 examination, 676. 
 
 number, 674. 
 
 pay, 675. 
 
 rank, 675. 
 litters, 673, note, 
 organization, 673. 
 quarters, 571, note. 
 
 strength of Army, not included in, 673. 
 Hospitals (see Hospital Corps and Medical De- 
 partment) : 
 diet, 671. 
 matrons, 584. 
 nurses, 584. 
 
 rations, matrons and nurses, 584. 
 sick, purchases for, 671 . 
 Hospital Stewards (see Hospital Corps and Medical 
 
 Department) : 
 allowances, 675. 
 
 appointed by Secretary of "War, 674. 
 examinations, 676. 
 fuel, 571, note. 
 
 Hospital Corps, part of, 673. 
 number, 674. 
 pay, 675. 
 
 quarters, 571, note, 
 rank, 675. 
 
 rations, 582, 583, 675. 
 Indian Agencies (see Indian Reservations, Indian 
 
 Agents, and Indians and Indian A/airs) : 
 discontinuance, transfer, etc., 1390, 1405. 
 limits of, 1397. 
 Indian Agents (see Indian Agencies, Indians and 
 
 Indian A/airs, and Indian Reservations) : 
 absence, leave of, 1406. 
 allowances, 1385, 1408, 1409. 
 army officers, to be, 1392, 1393. 
 
 Indian Agents Continued. 
 
 bonds, 1387, 1407. 
 
 deeds, acknowledgments, 1395. 
 
 discontinuance of offices, 1383, 1384, 1405. 
 
 duplication of offices, 1406. 
 
 duties, 1388, 1389. 
 
 extra services, compensation, 1394. 
 
 office, term, etc., 1386, 1406. 
 
 reports, 1389. 
 
 residence, 1391. 
 
 salary, 1385, 1408. 
 
 subagents, 1396. 
 
 traveling expenses, 1409. 
 Indian Annuities (see Indians and Indian Affairs) : 
 
 army officer to witness distribution, 1420. 
 
 distribution, 1418, 1424. 
 
 hostile Indians, not to receive, 1431-1433. 
 
 method of distribution, 1418, 1421. 
 
 not payable to tribes holding captives, 1433, 
 
 number present at, reported, 1440. 
 
 payable in coin, 1413. 
 
 goods, 1414. 
 Indian Police (see Indians and Indian A/airs) : 
 
 assault and battery, 1497, 1500. 
 
 assaults on, 1497, 1499, 1500. 
 
 assault with intent to kill, 1500. 
 
 crimes against, 1497, 1500. 
 
 detention of arrested persons, 1489. 
 
 duties, 1499. 
 obstruction in performance of, 1497. 
 
 liquor traffic, 1499. 
 
 manslaughter, 1497, 1500. 
 
 murder of, 1497, 1500. 
 
 number, 1499. 
 
 organization, 1499. 
 
 protection of, 1497, 1500. 
 
 Indian Reservations (see Indian Agents, Indian 
 Police, and Indians and Indian A/airs) : 
 
 absconding Indians, arrest of. 1513. 
 
 authority to remove persons, 1508, 1510. 
 
 cattle, feeding on, prohibited, 1451. 
 removing from Indian country, 1473. 
 
 detention of arrested persons, 1512. 
 
 distilleries not to be set up, penalty, 1477. 
 
 feeding stock on, 1451. 
 
 intoxicating liquors, introduction of, penalty, 
 1474. 
 
 intruders, removal of, 1508-1513. 
 
 liquors may be introduced by War Department 
 1474. 
 
 military force, employment of, 1511. 
 
 removal of persons, 1483-1485, 1508, 1513. 
 
 return of person after removal, 1509. 
 
 searches for liquors, 1476. 
 
 surveys, 1446. 
 
 timber depredations on, 1486. 
 
 trespassing on lands of civilized Indians, 1455, 
 
 1456. 
 
 Indians and Indian Affairs (see Indian Agents, 
 Indian Reservations, and Indian Police) : 
 
 absconding, arrest of, 1490. 
 
 accounts, 383, 384, 1425. 
 
 advances to superintendents, restriction, 1427. 
 
 agents, 1382, 1383, 1384. 
 officers of Army to act as, 990, 1392, 1393. 
 
 allotments, 1453, 1454. 
 
INDEX. 
 
 825 
 
 Indians and Indian Affairs Continued, 
 ammunition, etc., sale to prohibited, 386, 1471. 
 annual report, 387, 388. 
 arms, etc., sale prohibited, 386, 1471. 
 arrests, employment of military to make, 1489, 
 
 1490. 
 
 arson, 1479. 
 
 assaults, 1478, 1496, 1497. 
 blacksmiths, tribes may appoint, 1402. 
 burglary, 1496. 
 cattle, feeding on lands of, 1451. 
 
 sales of, penalty, 1426. 
 citizenship of allottees, 1454. 
 claims, 385, 1417. 
 
 for supplies, 1417. 
 Commissioner, 381. 
 contracts, 1435-1438. 
 
 assignments, 1437, 1438. 
 
 payments on, 1435, 1436-1438, 1439. 
 
 with Indians, U34, 1435-1439. 
 correspondence with foreign nations, 1444. 
 crime by one Indian against another, 1496. 
 crimes, general laws respecting, 1481, 1482. 
 depositions, 1495. 
 depredations by, 385. 
 
 claims for, 1429. 
 disbursements, 1421. 
 education, funds for, 1430. 
 employees not to trade, 1410. 
 forgery, 1480. 
 
 hunting on Indian lands prohibited, 1472. 
 inspectors, 1380, 1381. 
 instruction of, 1401, 1403, 1404. 
 interpreters, 1399, 1400, 1405. 
 investigation of claims, 385. 
 issues of army rations, 1441. 
 lands and buildings, sales of, 1457, 1458. 
 larceny, 1496. 
 
 licenses to trade, 1463-1471. 
 liquors, introduction of, 1474. 
 liquors, officers and soldiers not to donate to, 
 
 barter, etc., 1475. 
 mails, depredations on, 1480. 
 manslaughter, 1496. 
 marriage, 1447-1449. 
 
 effects, 1447, 1448. 
 
 evidence of, 1449. 
 misapplication of funds, 1428. 
 murder, 1496. 
 officers of Army to be Indian agents, 990, 1392, 
 
 1393. 
 
 penalties, recovery of, 1459, 1461. 
 police, assaults on, 1496, 1497. 
 process, execution of, 1491, 1498. 
 property, reparation for injury to, 1492-1494. 
 purchases, 1415, 1416. 
 recovery of penalties, 1459-1461. 
 rape, 1496. 
 
 rations, army, issues, 1441. 
 removing cattle from Indian country, 1473. 
 reparation for injured property, 1492-1494. 
 sale of buildings, 1457, 1458. 
 
 cattle, penalty, 1426. 
 schools, 1389, 1401, 1403, 1404. 
 seditious messages, sending and carrying, pen- 
 alty, 1443, 1444. 
 
 Indians and Indian Affairs Continued, 
 special agents, 1398. 
 
 supplies, claims for, 1417. 
 Texas, Indians not to be permitted to go to, 
 
 1487. 
 
 timber depredations, 1486. 
 trading with, 1463-1471. 
 
 by employees, prohibited, 1410. 
 treaties, abrogation of, 1412. 
 not to be made with, 1411. 
 white men not to acquire rights by marrying 
 
 Indian women, 1447. 
 
 Indian Scouts (see Army and Enlisted Men) : 
 enlistment, 439. 
 establishment, 436. 
 numbers, 439, 440. 
 pay, 440. 
 
 Indian Traders (see Indian Reservations and In- 
 dians and Indian Affairs) : 
 arms not to be sold to hostile Indians, 1471. 
 licenses, 1463, 1464, 1465, 1466. 
 penalties, 1468-1470. 
 penalty for violation, 1432, 1433. 
 prohibited, 1467, 1470. 
 prohibition of, by President, 1467. 
 refusal of license, 1466. 
 revocation of license, 1466. 
 Infantry: 
 
 artificers of ordnance, detail of, 868. 
 colored, 1080. 
 company, 1079. 
 
 District of Columbia, militia, 1286. 
 militia, 1244. 
 
 number of regiments, 436. 
 organization, 1078, 1080. 
 regiment, 1078. 
 
 returns of strength, 519, 7 A. "W. 
 staff, commissioned, 1078. 
 noncommissioned, 1078. 
 Infantry and Cavalry School at Fort Leavemvort h, 
 
 Kans., 1143. 
 Inclosure of Public Lands: 
 
 resisting, 1544. 
 
 Inquiry, Courts of. (See Courts of Inquiry.) 
 Insane. (See Government Hospital for the In- 
 sane. ) 
 
 Inspector-General : 
 appointed from corps, 520. 
 inspection of Soldiers' Home, 524, note, 
 rank, 520. 
 
 Inspector-General's Department (see Staff Depart- 
 ments) : 
 
 acting inspectors-general, detail of, 520, note, 
 appointments, 456, 520. 
 articles for sales, designation of, 526. 
 detail of line officers, 520, note, 
 disbursements, inspection of, 522. 
 duties, 522-526. 
 
 expert accountant, appointment, 521. 
 mileage, 634. 
 pay, 634. 
 
 travel allowances, 634. 
 inspections, 522-525. 
 
 of property for condemnation, 1236. 
 inspectors-general, 520. 
 mileage, restriction on, 523. 
 
826 
 
 INDEX. 
 
 In specter-General' s Department Continued . 
 military prison, 525. 
 organization, 520. 
 reports of inspection, 478, 479, 522. 
 stores for sales, designation of, 526. 
 travel allowances, restriction on, 523. 
 Instructions for the Government of the Armies of 
 
 the United States in the Field: 
 armed resistance, p. 800. 
 armistice, pp. 797, 798. 
 
 breach of, p. 798. 
 
 capitulation, p. 798. 
 
 duration, pp. 797, 798. 
 
 effects, p. 798. 
 
 extent, pp. 797, 798. 
 
 general, p. 797. 
 
 special, p. 797. 
 
 who may make, pp. 796, 797. 
 
 written, p. 797. 
 art, works of, p. 785. 
 assassination, p. 798. 
 booty, p. 789. 
 churches, p. 785. 
 civil war, pp. 799, 800. 
 
 rules applicable to, p. 799. 
 crime, punishment of, pp. 780, 787, 793. 
 deserters, p. 787. 
 enemies, classification, p. 799. 
 exchange of prisoners, pp. 793-795. 
 
 basis, pp. 793-794. 
 
 cartels, pp. 794, 795. 
 
 credits for surplus, p. 794. 
 
 not compulsory, p. 794. 
 
 paroles, pp. 795-797. 
 flags of truce, p. 793, note ; p. 794. 
 
 bearers, p. 794. 
 guides, p. 792. 
 hostages, p. 788. 
 insurrection, p. 799. 
 
 rules applicable to, p. 799. 
 jurisdiction, military, p. 782. 
 libraries, p. 785. 
 martial law, p. 700. 
 
 ambassadors, p. 781. 
 
 consuls, p. 781. 
 
 definition, pp. 780, 781. 
 
 effects, p. 781. 
 
 exceptions, p. 781. . 
 
 execution, p. 782. 
 
 extent of operation, p. 781. 
 
 military jurisdiction, p. 782. 
 
 ministers, p. 781. 
 
 occupation, p. 780. 
 
 paramount in occupied territory, p. 781. 
 
 proclamation, p. 781. 
 
 relation to civil law, p. 781. 
 
 self-proclaimed, p. 780. 
 
 taxation, p. 781. 
 military jurisdiction, p. 782. 
 
 derivation, p. 782. 
 
 exercise of, p. 782. 
 
 source, p. 782. 
 
 statutory, p. 782. 
 military necessity, pp. 782, 783. 
 
 cruelty, pp. 782, 783. 
 
 definition, p. 782. 
 
 limitation on, pp. 782, 783. 
 
 Instructions for the Government of the Armies of 
 
 the United States in the Field Continued, 
 money, appropriation of, p. 784. 
 museums, p. 785. 
 necessity, military, pp. 782, 783. 
 occupation, p. 780. 
 paroles, pp. 790-797. 
 
 apply to officers only, p. 796. 
 
 belligerents may protest, pp. 796, 797. 
 
 breach of, penalty, p. 796. 
 
 definition, p. 795. 
 
 exceptional character, 796. 
 
 form, p. 796. 
 
 not a private act, 796. 
 
 not given by enlisted men, p. 796. 
 
 obligation, p. 796. 
 
 pledge of, p. 796, 
 
 written, p. 796. 
 partisans, pp. 790, 791. 
 
 armed prowlers, p. 791. 
 
 scouts, p. 791. 
 
 war rebels, p. 791. 
 prisoners of war, pp. 786-790. 
 
 arms, etc., p. 789. 
 
 confinement, p. 790. 
 
 crimes of, p. 788. 
 
 escape, p. 790. 
 
 exchange, pp. 793-795. 
 
 food, p. 790. 
 
 hostages, p. 788. 
 
 labor, p. 790. 
 
 money and property, p. 789. 
 
 quarter, p. 788. 
 
 ransom, p. 790. 
 
 treatment, pp. 788-790. 
 
 who may be made, p. 787. 
 property- 
 treatment of, pp. 783-787. 
 
 prisoners, 789. 
 
 private, p. 785. 
 
 public, 784, 785. 
 
 violence to. 786. 
 quarter, p. 788. 
 rebellion, pp. 799, 800. 
 
 rules applicable to, p. 799. 
 retaliation, pp. 783, 784. 
 safe conducts, p. 791. 
 siege operations, conduct of, p. 782. 
 slavery, pp. 784, 785. 
 spies, p. 792. 
 
 agents and messengers, pp. 792, 793. 
 
 definition, p. 792. 
 
 guides, p. 792. 
 
 penalty, pp. 792, 793. 
 
 secret communications, p. 792. 
 
 war traitors, p. 792. 
 traitors, p. 792. 
 truce, flags of, p. 795. 
 truce (aee Armistice), pp. 797, 798- 
 war 
 
 carried on by whom, p. 783. 
 
 definition, p. 783. 
 
 law of, pp. 780-800. 
 
 levying of, definition, p. 800. 
 
 persons, protection of, p. 783. 
 
 property, protection of, p. 783. 
 
INDEX. 
 
 827 
 
 Instructors of Music. (See Unlisted Men.) 
 Insurrection (see Force, Employment of) : 
 
 engaging in, penalty, 1589. 
 
 inciting, penalty, 1589. 
 
 suppression of, 1501-1504. 
 Intercourse : 
 
 suspension of, 1514-1535. 
 
 Interior Department (see Secretary of the Interior 
 and Executive Departments) : 
 
 establishment, 372. 
 
 Indian Affairs, 381-388. 
 
 Indian Office, 381-388. 
 
 Land Office, 375-380. 
 
 Pension Office, 389, 390. 
 
 Returns Office, 391-394. 
 Interment of- 
 deceased officers, 993, note. 
 
 soldiers, 1070, note. 
 International Agreements : 
 
 convention with Mexico, pp. 776-779. 
 
 Geneva Convention, pp. 759-775. 
 Interpreters : 
 
 to courts-martial, 1312, note. 
 Intoxicating Liquors: 
 
 use of, by employees, 94. 
 Invasion. (See Force, Employment of.) 
 Inventions : 
 
 money not to be expended in perfecting, 908. 
 
 royalties on, not to be paid to officers, etc., 907. 
 Inventories: 
 
 annual, in Executive Departments, 52. 
 Issues: 
 
 extra, 580, note. 
 
 forage, 559, 560, 571, note. 
 
 fuel, 571, note. 
 
 gratuitous, of clothing, 565. 
 
 subsistence, 580-586. 
 Judge- Advocate-General : 
 
 duties, 529. 
 
 rank, 527. 
 Judge-Advocate-General' s Department : 
 
 acting judge-advocates, 527. 
 
 assistant judge-advocate-general, 527. 
 
 clerical force, 64. 
 
 court-martial records, 532. 
 
 deputy j udge-advocates- general, 527. 
 
 disposition of records of minor courts, 532. 
 
 duties, 530, note; 531,532. 
 
 judge-advocates, 527, 530, 531. 
 
 oaths, administration of, 531. 
 
 organization, 527. 
 
 preservation of court-martial records, 529, 1313. 
 
 promotions, 528. 
 
 records of general courts-martial, disposition, 
 
 529. 
 
 minor courts-martial, 532. 
 
 Judge-Advocates (see Courts-Martial and Judge- 
 Advocate- General'' s Department) : 
 
 acting, detail of, 527. 
 
 duties, 530-532. 
 
 oaths, administration of, 531. 
 Jurisdiction Over Reservations, 1210, note. 
 Jury Duty : 
 
 exemption of employees at armories and arsenals, 
 
 905. 
 
 Justice, Department of (see Attorney -General and 
 Executive Departments) : 
 
 claim cases, prosecution of, 204. 
 
 Justice, Department of Continued. 
 
 conduct of cases, 276. 
 
 counsel, furnishing of, 43, 278-280. 
 
 duties, 271-280. 
 
 establishment, 269. 
 
 land titles, examination of, 271. 
 
 legal services rendered by, 278. 
 Labor Day. (See Holidays.) 
 Laborers : 
 
 eight-hour law, 1193-1196. 
 
 employment of, 1151. 
 
 lien, 1197, 1198. 
 Land-Grant Railroads, 552. 
 Land Office : 
 
 accounts, 378. 
 
 Commissioner, 375, 377. 
 
 Court of Private Land Claims, 380, note. 
 
 military service, warrants for, 379. 
 
 patents, 380. 
 signature to, 376. 
 
 recorder, duties, 380. 
 
 returns, 378. 
 
 secretary to sign patents, 376. 
 
 warrants, 379. 
 Lands (see Public Lands) : 
 
 abandoned reservations, 1211-1214. 
 
 assent of States to purchases, 1206. 
 
 building sites, 1149. 
 
 condemnation of, 1208, 3209. 
 
 examinations of title, 271. 
 
 fortifications, acquisition of sites for, 792. 
 
 jurisdiction over, 1210. 
 
 leases, 1215. 
 
 national cemeteries, 1860. 
 
 pre-emption, 1199, 1200. 
 
 purchases of, 1148, 1208, 1209. 
 
 releases, 1207. 
 
 removal of trespassers, 1554-1555. 
 
 restrictions on purchases of, 1205. 
 
 rights of way, 1202, 1203. 
 
 sales of, under distress warrant, 240. 
 
 sites for buildings, 1149. 
 
 timber depredations, 1554. 
 
 titles, examination of, 1204. 
 
 titles to, to be examined by Attorney-General, 
 271. 
 
 trespassers, removal of, 1554-1555. 
 Laws of the United States. (See Revised Statutes 
 
 and Statutes at Large.) 
 Leases : 
 
 power to make, 1215. 
 Leaves of Absence to Officers: 
 
 awaiting orders, pay status, 621. 
 
 cumulative leave, 622. 
 
 pay during, 621, 622. 
 
 power to grant, 621, 622, 951, note. 
 
 sick leave, 621. 
 
 Legal Holidays. (See Holidays.) 
 Legal Services : 
 
 to be furnished by Department of Justice, 278. 
 Letters : 
 
 franking privilege, 264-267. 
 
 free delivery, 264-267. 
 
 official, mailed free, 264,267. 
 
 penalty envelopes, 264, 265. 
 
 postage, rates of, 261-263. 
 
828 
 
 INDEX. 
 
 Letters Continued. 
 
 registry of, free in Executive Departments, 267. 
 
 special delivery, 262, 263. 
 Liens on Contractors : 
 
 laborers, 1197, 1198. 
 
 mechanics, 1197, 1198. 
 
 procedure to enforce, 1197, 1198. 
 Light-House Board (see Engineer Department) : 
 
 allowances of detailed officers, 723. 
 
 board, composition, 721. 
 
 compensation of detailed officers, 723. 
 
 construction, 722. 
 
 engineer officers, 721, 722, 723. 
 
 inspectors, detail of, 723. 
 
 light-houses, 721-723. 
 
 secretary, 721. 
 Limitation, Statutes of: 
 
 desertion, 1066, 1337. 
 
 in criminal prosecutions, 1336. 
 Limited Retired List, 981. 
 Limits of Punishment, p. 704. 
 Line of the Army (see Artillery, Cavalry, Infantry, 
 Hank, and Command) : 
 
 appointments to staff, 456. 
 
 artificers of ordnance, detail of, 868. 
 
 artillery, 1075-1077. 
 
 cavalry, 1071-1073, 1074. 
 
 commissioned officers, 937-994. 
 
 details of officers as acting inspectors-general, 
 
 520, note, 
 judge-advocates, 527. 
 
 dismounted cavalry, 1074. 
 
 enlisted men, 1012-1070. 
 
 infantry, 1078-1080. 
 
 light artillery, 1077. 
 
 lineal promotion, 457. 
 
 parks, use of for maneuvres, 1781, 1782. 
 
 pay, 608-623, 638-660. 
 
 returns, of troops, 519, note; 7 A. W. 
 
 transfers, 952. 
 
 troops, 1071-1080. 
 Lieutenant-General : 
 
 aids, 441. 
 
 allowance of quarters, 625, 627. 
 
 discontinuance of grade, 436. 
 
 military secretary, 441. 
 Liquors : 
 
 introduction on Indian reservations prohibited, 
 
 1474, 1475. 
 War Department may authorize same, 1475. 
 
 sale of, at military posts, 1225. 
 
 use of, by employees, 94. 
 Loaning Funds Unlawfully, 499, 501. 
 Longevity Pay: 
 
 colonel, limit of, 616. 
 
 lieutenant-colonel, limit of, 616. 
 
 limitation on, 615, 616. 
 
 rates of, 614. 
 
 service, how reckoned, 617, 618. 
 Losing Horse, Accouterments, etc., 17 A. W. 
 Lost Checks (see Checks). 
 Lowest Bidder, 1165. 
 Loyal Legion : 
 
 badge of, 1010. 
 
 Lying Out of Quarters, 31 A. W. 
 Magazine Arms, 908-911. 
 Mail Matter: 
 
 classification, 260. 
 free carriage of, 264-267. 
 rates of postage, 261. 
 registration, 267. 
 special delivery, 262, 263. 
 Mails: 
 
 depredations on, 1480. 
 obstructing, 1556. 
 Major-General Commanding: 
 aids, 442. 
 
 assignment, 452, note, 
 command, 452, note, 
 horses, boards to inspect, 548. 
 Major-Generals (436) : 
 aids, 442. 
 assignments, 448. 
 command, 452, note, 
 number, 436. 
 Maps: 
 
 sales of, 76. 
 Marches : 
 
 command, 443. 
 
 Marines (see Navy Department) : 
 Articles of War, when applicable, 367. 
 brevets, 359. 
 
 commandant, rank of, 357. 
 command in, 443. 
 companies, 363. 
 composition, 355. 
 detachments, 363. 
 enlisted men 
 
 allowances, 364. 
 
 enlistments, 360, 361. 
 
 exemption from arrest for debt, 362. 
 
 pay and allowances, 364. 
 
 retirement, 368. 
 enlistments, 360. 
 
 oaths, 361. 
 
 exemption from arrest for debt, 362. 
 officers- 
 allowances, 364. 
 
 brevets, 359. 
 
 longevity service, 356. 
 
 pay, 364. 
 
 rank, 358. 
 
 retirement, 368. 
 
 retiring boards, 369. 
 organization, 363. 
 pay. (See Pay Department.) 
 rank of officers, 358. 
 regulations by President, 366. 
 
 Army, when applicable, 367. 
 
 Navy, when applicable, 367. 
 retirement of officers, 368, 369. 
 shore duty, 365. 
 Marshals : 
 
 crimes against, 1497. 
 Materials: 
 
 proceeds of sales, in Book of Estimates, 174. 
 sales of, 491, 493, 494. 
 Mechanics : 
 employment of, 27, 31. 
 lien, 1197, 1198. 
 
INDEX. 
 
 829 
 
 Medals of Honor: 
 
 action, distinguished services in. 1007. 
 awarded to whom, 1007. 
 lost ribbon, how replaced, 1007. 
 regulations respecting, 1007. 
 ribbon for, 1007. 
 rosettes, in place of, 1007. 
 Medical Attendance : 
 
 families of officers and soldiers, 672. 
 Medical Department (see Staff Departments) : 
 acting hospital stewards, 679. 
 ambulances, 673, note, 
 appointments, 662, 664. 
 artificial limbs, 680-687. 
 assistant surgeons-general, 662, 663. 
 attendance, 672. 
 bearers, 673, note, 
 buildings, 691, note ; 692. 
 civilian employees, number of, 694, note. 
 
 sales, etc., to, 693. 
 clerical force, 64. 
 command, 668. 
 company bearers, 673, note, 
 competitive examinations, 662, 664. 
 contract surgeons, 662. 
 cooking, supervision of, 670. 
 duties, 669, 670, 671, 672, 680-694. 
 examinations for promotion, 664, 666. 
 Hospital Corps, 673-679. 
 hospital stewards, 673. 
 
 allowances, 675. 
 
 appointment, 674. 
 
 examinations, 676. 
 
 number, 674. 
 
 pay, 638, 675. 
 
 quarters, 571, note, 692. 
 
 rank, 675. 
 hospitals, 691, 692. 
 litters, 673, note. 
 
 medicines and medical supplies- 
 purchases, 694. 
 
 sales, 693, 694, note, 1748. 
 organization, 662. 
 precedence of officers, 667. 
 privates of Hospital Corps, 673. 
 
 allowances, 678. 
 
 details, 679. 
 
 enlistment, 677. 
 
 number, 677. 
 
 pay, 638, 678. 
 
 transfers from line, 677. 
 procurement of supplies, 694. 
 promotions, 457, 664. 
 purchases, 671, 694, 1176. 
 quarters for hospital stewards, 692. 
 rank of officers, 662, 663, 667. 
 retiring boards, 969. 
 sales to 
 
 civilian employees, 693. 
 
 National Homes, etc., 1748. 
 
 transportation to procure artificial limbs, 686,687. 
 trusses, 688-690. 
 Members of Congress: 
 aiding in procurement of contracts prohibited, 
 
 124, 125, 1181-1184. 
 compensation for certain services restricted, 125. 
 
 franking privilege, 266. 
 
 Memorial Day. (See Holidays.) 
 Mesne Process : 
 
 exemption of enlisted men from arrest on, 1067. 
 Messengers, 25. 
 Mexican War : 
 
 pay of non-commissioned officers, 652. 
 pensions, 1643, 1644. 
 
 removal of charge of desertion, 1058-1065. 
 Mexico, Convention with : 
 abandonment of pursuit, p. 778. 
 abuses, punishment of, p. 778. 
 boundary, crossing of, p. 776. 
 commanders of troops, p. 777. 
 convention with, pp. 776-779. 
 crossing of boundary 
 
 conditions, pp. 777, 778. 
 
 limitation on, p. 777. 
 
 location of, p. 777. 
 
 purpose, pp. 776, 777. 
 duration of agreement, p. 778. 
 guides, p. 777. 
 
 Kid's band of hostile Indians, p. 776. 
 offenses against inhabitants, p. 779. 
 pursuit 
 
 abandonment, p. 778. 
 
 duration, pp. 777-778. 
 
 nature of, p. 776. 
 trailers, p. 777. 
 troops, fluty of, p. 778. 
 
 Mileage (see Travel Allowances and Pay Depart- 
 ment) : 
 
 by whom paid, 633. 
 computation, 630, 631. 
 engineer officers, 707, 726. 
 orders involving, contents, 630, 632. 
 paid by Pay Department, 633. 
 rates, 631. 
 
 shortest usually traveled route, 630, 631. 
 Ililitary Academy: 
 absence, leave of, to officers, 1123. 
 Academic Board, command of, 1087, note. 
 
 consent of, to reappointment of deficient cadet, 
 
 1116. 
 
 academic staff, 1087-1101. 
 additional pay to enlisted men, 1136. 
 admission of cadets, 1106-1108. 
 alcoholic drinks, study of, 1137, 1138.' 
 appointment of cadets, 1102-1108. 
 
 officers, 1087. 
 assistant instructors of tactics, 1081, 1096. 
 
 librarian, 1100. 
 
 professors, 1081, 1096. 
 associate professor of mathematics, 1084. 
 band, 1130-1133. 
 
 composition, 1130, 1132. 
 
 leader, 1130-1132. 
 
 organization, 1130, 1132. 
 
 pay, 1131, 1133. 
 
 teacher of music, 1081, 1132, 1133. 
 Board of Visitors, appointment, 1119. 
 
 compensation, 1121, 1122. 
 
 duties, 1120. 
 
 expenses, 1121, 1122. 
 
 mileage, 1121, 1122. 
 
 number, 1119. 
 
 report, 1120. 
 
830 
 
 INDEX. 
 
 Military Academy Continued, 
 cadets 
 
 advance appointments, 1104. 
 
 age, 1105. 
 
 appointments, 1102-1105. 
 
 battalion of, 1113. 
 
 courts-martial, 1118. 
 
 deficiency of, 1116. 
 
 engagement for service. 1108. 
 
 examination for admission, 1106. 
 
 graduates, assignments of, 1110-1111. 
 
 hazing, penalty, 1117. 
 
 oath, 1108. 
 
 pay, 1109. 
 
 qualifications, 1106. 
 
 reinstatement, 1116. 
 
 Sunday, studies on, 1115. 
 
 supplies at cost, 1098. 
 
 where to do duty, 1114. 
 chaplain, 1085. 
 
 civilian employees, 1127, note, 
 clerks, 1127, note, 
 commandant of cadets- 
 appointment, 1081, 1087-1091. 
 
 duties, 1092. 
 
 pay, 1093. 
 
 rank, 1090. 
 
 contingencies for Superintendent, 1128. 
 contingent fund, 1129. 
 courts-martial for trial of cadets, 1118. 
 Cullum hequest, 1139, 1140. 
 deficiency of cadets, 1116. 
 documents, 1124, 1125. 
 employees, 1127, note, 
 extra-duty pay to certain enlisted men, 1136, 
 
 note. 
 
 general-service men- 
 allowances, 1134. 
 
 artillery detachment merged in, 1134. 
 
 cavalry detachment, strength, 1135, note. 
 
 number, 1135. 
 
 organization, 1134, 1135. 
 
 pay, 1134. 
 graduated cadets, pay and promotion, 944, 945, 
 
 1110, 1111 
 hazing, 1117. 
 
 law professor, assignment of, 1082. 
 leaves of absence to officers, 1123. 
 librarian, 1100. 
 library- 
 assistant librarian, 1100. 
 
 documents for, 1124, 1125. 
 
 librarian, 1100. 
 
 purchases for, 1126. 
 local rank of officers, 1087, 1090. 
 master of the sword, 1081, 1101. 
 mathematics, associate professor, 1084. 
 modern languages, professor, 1081, 1083. 
 narcotics, study of, 1137, 1138. 
 officers- 
 acting assistant professors, 1087, 1089. 
 
 adjutant, 1087, 1099. 
 
 assistant librarian, 1100. 
 
 assistant professors, 1081, 1096. 
 
 associate professor of mathematics, 1084. 
 
 chaplain, 1085. 
 
 Military Academy Continued. 
 
 commandant of cadets, 1081, 1087-1090, 1092. 
 
 commissary of cadets, 1098. 
 
 instructors, 1081. 
 
 librarian, 1100. 
 
 master of the sword, 1081, 1101. 
 
 professors, 1081-1084, 1087, 1094, 1095. 
 
 Superintendent, 1081, 1087-1091, 1118, 1126- 
 1128. 
 
 teacher of music, 1081, 1130-1132. 
 organization, 1081. 
 part of military establishment, 436. 
 pay- 
 adjutant, 1099. 
 
 assistant instructors of tactics, 1097. 
 
 assistant professors, 1096. 
 
 associate professor of mathematics, 1084. 
 
 band, 1133. 
 
 cadets, 1109. 
 
 chaplain, 1085. 
 
 commandant, 1093. 
 
 graduated cadets, 945, 1112. 
 
 professors, 1094. 
 
 quartermaster and commissary of cadets, 1098, 
 note. 
 
 senior assistant instructors of tactics, 1096. 
 
 Superintendent, 1093. 
 
 teacher of music, 1131, 1133. 
 professor of law, 1082. 
 
 modern languages, 1083. 
 professors 
 
 allowances, 1094. 
 
 appointment, 1081-1084, 1087. 
 
 assignment, 1082. 
 
 command, 1088. 
 
 duties, 1081-1084. 
 
 pay, 1094. 
 
 retirement, 1094. 
 promotion of cadets, 944, 1110. 
 purchases, 1126, 1127. 
 selection of officers, 1088. 
 Superintendent, 1087, 1088, 1091, 1093. 
 
 appointment, 1081, 1087-1089. 
 
 command, 1091. 
 
 contingencies, 1128. 
 
 courts-martial, 1118. 
 
 pay, 1093. 
 
 rank, 1090. 
 supervision, 1086. 
 supplies for cadets to be sold at cost, 1098. 
 
 procurement of, 1126, 1127. 
 teacher of music, 1081, 1132, 1133. 
 Visitors, Board of, 1119-1122. 
 Military Establishment, 436. 
 Military Force (see Force, Employment of) : 
 employment of, 1501-1593. 
 restrictions on, 1562. 
 Military Governments : 
 
 created by President, 2, note. 
 Military Headquarters, 453, 454. 
 Military Necessity, pp. 780, 781. 
 Military Order of the Loyal Legion: 
 
 badge of, 1010. 
 Military Posts. (See Postt.) 
 Military Prison : 
 inspection of, 525. 
 
 
INDEX. 
 
 831 
 
 Military Secretary, 441. 
 Military Storekeepers : 
 
 appointments, limitation, 534, 863, 864. 
 Quartermaster's Department, 534. 
 ordnance, 863, 864. 
 pay, 608, 863. 
 rank, 863. 
 
 Military Tribunals. (See Courts-Martial.) 
 Militia: 
 
 active service, organization, 1259-1262. 
 adjutants-general, 1248-1250. 
 allowances, 1264-1268. 
 annual returns, 81, 1249, 1250. 
 appointment of officers, 1245. 
 apportionment of, 1257, 1506. 
 appropriation for arming, available until ex- 
 pended, 1275, 1283, 1284. 
 apportionment of, 1276. 
 arms and equipments, 1242, 1246, 1275, 1276. 
 distribution to States, etc., 1279-1280. 
 extra issues to States and Territories, 1290, 
 
 1291. 
 
 purchases of, bow made, 1277. 
 unserviceable, disposition of, 1278. 
 artillery, 1246. 
 bearing arms, rigbt of, 1238. 
 brigades, 1244, 1261. 
 
 inspectors of, 1254. 
 calling out, 1256, 1505. 
 
 cannon for militia on gulf and sea coasts, 1285. 
 cavalry, 1246. 
 clothing, 1264. 
 colors of regiments, 1247. 
 command, 443. 
 composition of, 1239. 
 courts-martial, 1272, 1303, 1307. 
 disabled, care of, 1253. 
 discipline, 1251. 
 disobedience of orders, 1263. 
 distribution of arms, etc., 901, 912, 1279-1281. 
 District of Columbia- 
 active militia, organization, 1286 (10-18). 
 adjutant-general, 1286 (9). 
 allowances, 1286 (55-58). 
 armories, 1286 (39) . 
 arms, 1286(31). 
 
 care, issue, etc., regulations for, 1286 (32). 
 issued by War Department, 1286 (31). 
 artillery, 1286(15). 
 band, 1286 (19). 
 pay, 1286 (56). 
 camp duty, 1286 (43) . 
 causes of discharge, 1286 (28). 
 commander in chief, 1286 (6). 
 commanding general, drills prescribed by, 
 
 1286 (41). 
 
 regulations to be made by, 1286 (32, 62). 
 commissioned officers, 1286 (19-24). 
 appointment, 1286 (19). 
 commissioned by President, 1286 (19). 
 departmental duties, 1286 (60). 
 discharge, 1286 (24). 
 election, 1286 (22). 
 examinations, 1286 (23). 
 liability of, 1286 (35). 
 military duties, 1286 (60). 
 
 Militia-Continued. 
 District of Columbia Continued, 
 commissioned officers Continued. 
 
 nominations, 1286 (20, 21). 
 
 returns (31-36). 
 
 company constitutions, etc., 1286 (59). 
 contracts to be made by District Commis- 
 sioners, 1288. 
 
 courts-martial, 1286 (51-54). 
 courts of inquiry, 1286 (50). 
 disbandment of companies, 1286 (18). 
 disbursements, 1286 (58), 1288. 
 discharge of enlisted men, 1286 (28-30). 
 dishonorable discharge, 1286 (29, 30). 
 drill regulations, 1286 (61). 
 
 use of Washington Barracks, 1286 (44). 
 drills, 1286 (40). 
 duty- 
 definition of, 1286 (40). 
 
 drills, 1286 (40). 
 
 excuses from, 1286 (46). 
 
 riots, 1286(45). 
 
 target practice, 1286 (44). 
 employees of United States, leave, 1286 (49). 
 encampments, 1286 (43, 48). 
 enlisted men, 1286 (26-30). 
 
 term of enlistment, 1286 (26). 
 enlistment, 1286 (26, 27). 
 enrollment, 1286 (1-3). 
 estimates, 1286 (58). 
 excuses from duty, 1286 (46). 
 exemptions, 1286 (2). 
 expenses and allowances, 1286 (55-58). 
 general commanding, 1286 (7). 
 infantry, 1286 (12-14). 
 inspections, 1286 (42). 
 leases to be made by District Commissioners 
 
 1288. 
 
 muster, 1286(42). 
 oath, 1286 (27; 
 
 ordering into service, 1286 (5). 
 ordnance, issues of, 1287. 
 parades, right of way, 1286 (47). 
 personal property, 1286 (38). 
 President to command in chief, 1286 (6). 
 property- 
 care, iasue, etc., 1286 (32-36). 
 
 continues property of United States, 1287. 
 
 personal, right to own, 1286 (38). 
 
 punishment for selling, etc., 1286 (34). 
 
 responsibility for, 1286 (33, 35). 
 
 selling, etc., penalty, 1286 (34). 
 
 unserviceable, disposition of, 1286 (36). 
 reenlistment, 1286 (26). 
 
 regulations to be made by commanding gen- 
 eral, 1286 (32, 62). 
 
 requisites of enlistment, 1286 (27). 
 returns of arms, etc., 1286 (33). 
 rigbt of way, 1286 (47) 
 riots, 1286 (45). 
 
 selling property, etc., penalty, 1286 (34). 
 staff, 1286 (8). 
 strength, 1286 (11). 
 subsistence, 1286 (57). 
 system of drill, 1286 (61). 
 uniforms, distinction, 1286 (37). 
 
832 
 
 INDEX. 
 
 Militia Continued. 
 
 District of Columbia Continued, 
 unserviceable property, 1286 (36). 
 vouchers, 1288. 
 Washington Barracks, use of, 1286 (44). 
 
 divisions, 1244, 1261. 
 
 drill, system of, 1251. 
 
 enrollments, 1240-1243. 
 
 exemptions, 1243. 
 
 expenses of mobilization, 1268. 
 
 fines- 
 how levied, 1273. 
 paid into Treasury, 1274. 
 
 forage, 1267. 
 
 general officers, 1261. 
 
 half pay, 1270. 
 
 heavy guns for certain States, 1285. 
 
 horses, allowances for, 1267. 
 
 infantry, organization for active service, ]260. 
 
 inspectors of brigades, 1254. 
 
 mounted, pay, 1267. 
 
 notice of enrollment, 1241. 
 
 officers appointed by States, 1245. 
 
 organization, 1244, 1259-1262. 
 
 pay, 1264-1267. 
 
 period of service, 1262. 
 
 privileges of certain corps, 1255. 
 
 rank of officers, 445, 1252. 
 
 rations, 1264, 1269. 
 
 returns, 1249-1250. 
 
 staff in active service, 1261. 
 
 subject to rules and Articles of War, 1258, 1507. 
 
 territorial, 1289. 
 
 unserviceable arms, equipments, etc., 1278. 
 
 use of national military parks for maneuvers, 
 1781, 1782. 
 
 widows, half pay, 1270. 
 
 wounded, care of, 1253. 
 Misbehavior : 
 
 before enemy, 42 A. W. 
 Misprision of Treason, 1588. 
 
 Mississippi River Commission (see Engineer De- 
 partment) : 
 
 creation, 747. 
 
 duties, 749-751, 753-758. 
 
 material for improvements, 753. 
 
 organization, 748. 
 
 piers and cribs, 755. 
 
 president, 748. 
 
 report, 713, 750. 
 
 secretary, 752. 
 
 snag boats, 758. 
 
 South Pass, 756, 757. 
 
 surveys, 749-751. 
 
 water gauges, 754. 
 
 Missouri River Commission (see Engineer De- 
 partment) : 
 
 compensation, 760. 
 
 creation, 759. 
 
 duties, 761, 762. 
 
 engineer assistants, detail of, 761. 
 
 president, 760. 
 
 report, 713. 
 
 supervision of expenditures, 761, 762. 
 Minor Courts (see Courts-Martial) : 
 
 disposition of records, 532, 
 
 jurisdiction, 1328. 
 
 Minors : 
 
 claims for horses lost, etc., 211. 
 
 enlistment, contract of, 1017, note. 
 Ministerial Duty, 6, note. 
 Mints: 
 
 to be subtreasuries, 223-224. 
 Mitigation of Sentence, 1321. 
 M i \<>il Detachments : 
 
 command of, 443. 
 Money (see Public Money and Funds) : 
 
 accounts, 495, 496. 
 
 counterfeit, disposal of, 513. 
 
 embezzlement, 499-508. 
 
 fraudulent conversion, 499-504. 
 
 fraudulent payments, 498. 
 
 premium on, to be accounted for, 483. 
 
 protection of, 912a. 
 
 receipts for, greater than payment, 498. 
 
 recovery of, by suits, 497. 
 
 unlawful loaning, 499. 
 Monuments (see National Military Parks) : 
 
 cannon balls, etc., for, 876. 
 Mourning: 
 
 closing buildings in memory of deceased ex- 
 officials prohibited, 58. 
 
 draping of buildings prohibited, 57. 
 Mules (see Animals) -. 
 
 forage, 559, 560. 
 Murder : 
 
 in time of war, 58 A. W. 
 Murder of Indian Police, 1497, 1500. 
 Musicians (see Enlisted Men) : 
 
 artillery, 1076. 
 
 cavalry, 1072. 
 
 engineers, 702. 
 
 infantry, 1079. 
 Musters: 
 
 false, 5, 14 A. W. 
 
 of persons not soldiers, 5 A. W. 
 
 taking money, etc., for, 6 A. W. 
 Mutiny: 
 
 failing to quell, etc., 23 A. W. 
 
 penalty for, 22 A. W. 
 National Banks : 
 
 notes of, as tender, 194. 
 National Cemeteries : 
 
 acquisition of lands, 1860, 1861, 1862. 
 
 approaches to, 1874, note. 
 
 Arlington Cemetery, interments, 1869. 
 
 criminal offense, penalties, 1871. 
 
 headstones, 1866, 1867. 
 
 inclosures, 1866. 
 
 interments, 1868, 1869, 1872. 
 
 jurisdiction, 1870, 1871. 
 
 lands, acquisition of, 1860-1862. 
 
 maintenance, 1859. 
 
 Mexico Cemetery, 1872, 1873. 
 
 railroads, encroachments by, 187d. 
 
 register of burials, 1867. 
 
 roads, 1874, note. 
 
 superintendents, 1863-1865. 
 allowances, 1863, 1865. 
 appointment, 1864. 
 compensation, 1865. 
 duties, 1863-1871. 
 qualifications, 1864. 
 residence, 1863. 
 
INDEX. 
 
 833 
 
 Homes for Disabled Volunteer Soldiers : 
 
 accounts, 1746-1754. 
 
 admissions, 1762. 
 
 allowances to officers, 1760. 
 
 appropriations, 1745-1748, 1750, 1751. 
 
 bond of treasurer, 1759. 
 
 Branch Homes, 1761. 
 
 cannon, 1772. 
 
 compensation of managers, 1740. 
 
 discipline, 1769. 
 
 documents for, 1773. 
 
 duties of managers, 1737-1742, 1744, 1747, 1752. 
 
 employees, 1756-1770. 
 
 estimates, 1742, 1744, 1745, 1752, 1753, 1754. 
 
 expenditures, 1744, 1746-1754. 
 
 expenses, 1742, 1746-1754. 
 
 franking privilege, 1774. 
 
 funds for support of Home, 1743, 1744. 
 
 Government publications, 1773. 
 
 hospital supplies, 1748. 
 
 inmates, 1766-1770. 
 
 clothing for, 1770. 
 
 discipline, 1769. 
 
 insane, 1771. 
 
 pensions of, 1766, 1767. 
 
 subject to Articles of "War, 1769. 
 insane inmates, 1771. 
 inspections, 524, 1755. 
 mail matter, official, carried free, 1774. 
 managers, 1737-1742, 1744, 1747, 1752. 
 
 allowances, 1740. 
 
 compensation, 1740. 
 
 duties, 1737-1742, 1744, 1745, 1752, 1753. 
 estimates, 1744, 1745, 1753, 1754. 
 
 expenses, 1742, 1746, 1752. 
 
 number, 1737-1740. 
 
 officers, 1739. 
 
 organization, 1737, 1739. 
 
 reports, 1741, 1742, 1752. 
 
 travel allowances, 1740. 
 medicines, 1748. 
 officers, 1756-1760. 
 
 deputy governor, 1756. 
 
 eligibility, 1756, 1758. 
 
 governor, 1756. 
 
 pay rolls, 1757. 
 
 qualifications for office, 1756, 1758. 
 
 secretary, 1756. 
 
 travel allowances, 1760. 
 
 treasurer, 1756, 1758, 1759. 
 official mail matter, 1774. 
 organization, 1737. 
 outdoor relief, 1768. 
 
 pay and allowances of officers, 1757, 1760. 
 pensions to inmates, 1766, 1767. 
 permanent appropriations for, 180. 
 proceeds of sales, 1749. 
 qualifications for admission, 1761. 
 
 office, 1756, 1758. 
 reports, 1741, 1742, 1752. 
 sales, disposition of proceeds, 1749. 
 secretary, 1756. 
 Secretary of War, supervision, 1742, 1743, 1744, 
 
 1745,1747,1753,1754,1755. 
 State and Territorial Homes, 1763-1765. 
 
 admissions, 1762-1763. 
 
 1919 53 
 
 National Homes for Disabled Volunteer Soldiers- 
 Continued. 
 
 State and Territorial Homes Continued, 
 control, 1763-1765. 
 cost of maintenance, 1763, 1765. 
 documents for, 1773. 
 inspection, 1763. 
 
 restriction on payments to. 1763, 1765. 
 supervision, 1763. 
 support, 1763-1765. 
 
 supervision by Secretary of War, 524. 
 treasurer, 1756, 1758, 1759. 
 
 National Parks (see the Antietam Battlefield, the 
 Chickamauga National Military Park, the 
 Gettysburg National Park, the Shiloh Na- 
 tional Military Park, the Yellowstone Park 
 and Forest Reservations), 1781-1865. 
 Naturalization (see Citizenship) : 
 African descent, persons of, 1373. 
 aliens, 1367. 
 children, 1372. 
 conditions of, 1367-1376. 
 courts having power to naturalize, 1367. 
 declaration of intention, 1367, 1368. 
 discharged soldiers and sailors, 1369, 1370. 
 enemies not admitted, 1375. 
 expatriation, 1364. 
 free white persons, 1373. 
 Indians, 1379. 
 
 intention, declaration of, 1367, 1368. 
 minor residents, 1371, 1372. 
 oath, 1367. 
 
 proof of residence, 1367. 
 protection of citizens abroad, 1365, 1366. 
 release of citizens in prison abroad, 1366. 
 residence, 1367. 
 sailors, 1370. 
 seamen, 1378. 
 soldiers, 1369, 1370. 
 State courts may naturalize, 1367. 
 white persons, 1373. 
 widows, 1372. 
 Naval Officers : 
 
 detail of, in War Department, 371. 
 details to colleges, 959. 
 relative rank, 446. 
 
 Navigable Waters of the United States (see En- 
 gineer Department) : 
 Alabama, rivers in, 798. 
 Black Warrior River, 798. 
 Cahawba River. 798. 
 Coosa Eiver, 798. 
 
 definition, 794, 795, note ; 796, 797, 798. 
 deposits of refuse in, 826-828, 830. 
 Des Moines River, 797. 
 displacement of, by wharves, 829. 
 fish ways, 834. 
 improvement of, 795, note, 
 injuries to works, 823-830. 
 Iowa River, 796. 
 Iowa, rivers in, 796, 797, 799. 
 Ne\v York Harbor, deposits in, 835-847. 
 obstruction of, by wrecks, etc., 831-834. 
 obstructions to works, 823-830. 
 Orleans and Louisiana Territories, waters in, to 
 
 be free, 795. 
 refuse, deposits of, in, 826-828. 
 
834 
 
 INDEX. 
 
 Narigable Waters of the United States Cont'd. 
 
 sale of wrecks, etc., 831, 834. 
 
 sunken vessels, wrecks, etc., removal of, 831-834- 
 
 Tennessee River, 798. 
 
 Tennessee, rivers in, 798. 
 
 wrecks, sunken vessels, etc., removal of, 831-834. 
 Navy (see Navy Department) : 
 
 bunting for, 1164. 
 
 supplies for, 550. 
 
 transfers to, from Army, 1030. 
 Nary Department (see Executive Departments) -. 
 
 establishment, 354-371. 
 
 marines, 355-369. 
 
 subsistence for, procured by Subsistence De- 
 partment, 578. 
 
 supervision of deposits in New York Harbor 
 844. 
 
 supplies for, 550. 
 
 Navy, Secretary of. (See Secretary of the Navy.) 
 Neglect of Duty, etc., 67 A. W. 
 Neutrality (see Force, Employment of) : 
 
 accepting commissions, 1563. 
 
 arming vessels, 1565, 1566. 
 
 augmenting force of vessels, 1567. 
 
 duties, enforcement of, 1569-1573. 
 
 enforcement of neutral duties, 1569-1573. 
 
 enlistment in foreign service, 1564. 
 
 equipping vessels, 1565-1567. 
 
 expeditions, 1568. 
 
 foreign enlistments, 1564. 
 
 laws of tbe United States, 1563-1573. 
 
 military expeditions, 1568. 
 
 President, powers of, 1569-1573. 
 
 rights of, enforcement, 1569-1573. 
 New Mexico: 
 
 peonage abofished in, 1549, 1550. 
 Newspapers : 
 
 restriction on purchase of, 46, 122. 
 New Tear's Day. (See Holidays.) 
 New Tork Harbor : 
 
 arrests, 847. 
 
 anchorage grounds, 850-851. 
 
 boats to have names, etc., on side, 839. 
 
 deposits in, 835-847. 
 certain, prohibited, 835. 
 places of, to be designated, 837, 838. 
 where to be made, 837, 843. 
 
 disposal of refuse and dredged material, 843. 
 
 fishing in ship channels prohibited, 845, 846. 
 
 naval officer, detail of, as supervisor, 844. 
 
 officers of boats, penalty for unlawful deposits, 
 826. 
 
 penalties for unlawful deposits, 835, 836, 838, 841, 
 846. 
 
 supervisor, duties, 837-847. 
 Non-commissioned Staff (see Enlisted Men) : 
 
 commissary -sergeants, 579. 
 
 hospital stewards, 674-676. 
 
 pay, 638-660. 
 
 post quartermaster-sergeants, 538. 
 
 rations, 580-586. 
 
 Non-competitive Examinations. (See Civil Serv- 
 ice.) 
 
 Northern Pacific Railroad, 1559, 
 Notaries Public: 
 
 administration of oaths, 121. 
 
 Oaths : 
 
 administration of, 32-34, 121, 259, 531. 
 
 attorneys prosecuting claims, 198, 199. 
 
 clothing accounts, settlement of, 74. 
 
 court-martial, judge- advocate, 85 A. W. 
 member, 84 A. W. 
 witness, 92 A. W. 
 
 Court of Claims, 310. 
 
 court of inquiry, members and recorder, 1340. 
 
 enlistment, 361, 2 A. W. 
 
 form of, 107, 258, 367, 2 A. W. 
 
 naturalization, 1367. 
 
 no salary until sworn, 110. 
 
 notaries public may administer, 121. 
 
 of office, 34, 104-106. 
 
 of participants in rebellion, 106-107. 
 
 postmasters, 258, 259. 
 administered by any officer, 259. 
 
 preservation of, 108. 
 
 profane, penalty, 53 A. "W. 
 Occasions of Ceremony, Uniform, etc., 1004. 
 Occupied Territory: 
 
 courts in, 2, note 2. 
 
 government in, 2, note 2, pp. 780-782. 
 Offenders : 
 
 surrender of, to civil authority, 59 A. W. 
 Office (see Officers and Commissioned Officers) 
 
 appointments to, 4, note. 
 
 confirmation, 4. 
 
 definition of term, 4, note. 
 
 duties, 4, note. 
 
 giving money, or consideration, for, 124. 
 
 removal of location, 119. 
 
 resignation, 4, note. 
 
 tenure, 4, note. 
 Officers (see Office and Commissioned Officers) : 
 
 additional pay forbidden, 114. 
 
 appointment, 4, note. 
 
 assessments, etc., forbidden, 127. 
 
 Biennial Register, lists for, 53. 
 
 commissions, 116, 940. 
 
 confirmations, 4. 
 
 counsel in prosecution of claims, not to act as, 44. 
 
 delinquent in accounts, 148. 
 
 discretionary duties, 6, note. 
 
 double salaries, 112. 
 
 duties, 4, note. 
 
 estimates for salary, 168. 
 
 extra compensation, 112, 113. 
 
 horses lost, claims for, 207-215. 
 
 in arrears, salary not payable, 115. 
 
 liability for damages, 6, note. 
 
 ministerial duties, 6, note. 
 
 oath, 104-111. 
 
 powers, 4, note. 
 
 presents to, from subordinates, forbidden, 127. 
 
 presumption as to official acts, 4, note. 
 
 resignation, 4, note. 
 
 salary not payable to, until sworn, 110. 
 holding over, 111. 
 
 tenure. 4, note. 
 Official Acts: 
 
 presumptions as to, 4, note. 
 Official Letters: 
 
 free delivery of, 264-267. 
 
INDEX. 
 
 835 
 
 Open-Market Purchases. (See Contracts and. Pur- 
 chases.) 
 Opinions of Attorneys-General (272,273,275,277, 
 
 281): 
 
 periods covered by, 281, note. 
 Orders (516, note) : 
 
 disobedience of, 21 A. TV. 
 
 Ordnance and Fortifications. (See Board of Ord- 
 nance and Fortification.) 
 
 Ordnance Department (see Staff Departments) : 
 accountability for property, 869-870. 
 ammunition, 858. 
 
 issues to Executive Departments, 912a. 
 appointments, 455, 856. 
 appropriation for arming militia, etc., available 
 
 until expended, 1283, 1284. 
 armories 
 
 employees, 896-898, 902, 903, 905. 
 jury duty, exemption from, 905. 
 
 master armorers, 896-898. 
 
 paymasters, 864. 
 
 workmen, 896-898, 902, 903. 
 arms, armories, and arsenals, 896-912a. 
 arms, issues to Executive Departments, 912o. 
 
 District militia, 1287. 
 
 militia, 904, 912, 1279-1285. 
 arsenals, 896-91 2a. 
 
 abolition of useless, 900. 
 
 paymasters, 864. 
 
 workmen, 896-898, 902, 903. 
 artificers, detail of, to regiments, 868. 
 assistant to chief, 862. 
 
 Board of Ordnance and Fortification, 877-887. 
 breech-loading small arms, 906-911. 
 calibers of ordnance to be determined, etc., 889. 
 cannon, donations of, 876. 
 Chief of Ordnance- 
 appointed from corps, 455. 
 
 contracts and purchases, 858, 1177. 
 
 depots, 860. 
 
 duties, 858-861, 867, 870. 
 
 estimates, 858. 
 
 rank, 856. 
 
 reports of personnel, 861. 
 
 supplies, 858, 859, 1177. 
 clerical force, 64, 873, note. 
 
 condemned cannon, etc., disposition of, 873-876. 
 contracts and purchases, 858, 872. 
 depots, 860. 
 
 disposal of unserviceable stores, etc., 873-876. 
 distribution of arms to militia, 904, 912. 
 District of Columbia militia, issues to, 1287. 
 duties, 858-861. 
 
 emergency purchases, 872, 1177. 
 enlisted men (see Enlisted Men), 865-868. 
 
 corporals, 867. 
 
 extra-duty pay not allowed to, 555. 
 
 number fixed by Secretary of War, 867. 
 
 ordnance sergeants, 865-866. 
 
 privates, 867. 
 
 sergeants of ordnance, 867. 
 Executive Departments, arms, etc., for, 912a. 
 forgings, 888. 
 
 fortification board, 877-887. 
 inventions, no money to be expended in perfect- 
 ing, 908. 
 issues, 859, 860, 912a. 
 
 Ordnance Department Continued. 
 
 magazine small arms, 909-911. 
 militia, arms, etc., for, 904, 912. 
 national armory, 896, 899, 901-903. 
 obsolete stores, etc., sales of, 491-494, 873-875. 
 officers 
 appointment, 856. 
 assistant to chief, 609. 
 examinations for promotion, 856, 857. 
 number, 856. 
 promotions, 856, 857. 
 rank, 856, 863. 
 
 storekeepers, 856, note ; 863, 864. 
 open -market purchases, 1177. 
 ordnance sergeants, 865-866. 
 
 storekeepers, 856, note ; 863, 864. 
 organization, 856. 
 paymasters at arsenals, 864. 
 principal assistant to chief, 862. 
 proceeds of sales, 491, 493, 494, 873-875. 
 procurement of supplies, 858, 872. 
 promotions, 457-462, 856, 857. 
 property, accountability, 869-870. 
 purchases in open market, 872. 
 
 reports of, 872, 1177. 
 sales, disposition of proceeds, 491-494, 873-875, 
 
 891. 
 States, issues of arms, ammunition, etc., to 
 
 1290, 1291. 
 
 storekeepers, 856, note; 863, 864. 
 stores, accountability, 869-870. 
 
 proceeds of sales, 873-875. 
 supplies, purchases, 872. 
 Territories, issues of arms, ammunition, etc., 
 
 1290,1291. 
 
 testing machine, 892-895. 
 tests, cannon, 877, 880-882, 885-888, 890. 
 
 small arms, 909-911. 
 Ordnance Sergeants : 
 appointment, 865. 
 duties, 865. 
 fuel, 571, note, 
 pay, 638-660. 
 qualifications, 866. 
 rations, 580-586. 
 selection, 866. 
 Organizations : 
 returns of, 519, note, 
 tactical, 452. 
 Territorial, 452, note. 
 
 Outdoor Belief (see Soldiers' Home), 1725. 
 Oxen. (See Animals.) 
 Pacific Coast : 
 
 advertising on, etc., 1158. 
 Pacific Railways, 1558-1561. 
 Pack Animals. (See Animals.) 
 Papers : 
 
 useless, disposition of, 82, note. 
 Pardoning Power : 
 limitations upon, 2, note, 
 time of exercise, 2, note, 
 vested in President, 2, note. 
 Pardons (see Pardoning Power) : 
 commutation, 2, note, 
 conditional pardons, 2, note, 
 delivery and acceptance, 2, note. 
 
83(5 
 
 INDEX. 
 
 Pardons Continued, 
 mitigation, 2, note, 
 pleading, 2, note. 
 Parks, National Military : 
 Antietam Battlefield, 1825-1829. 
 Army may use, for maneuvers, 1781, 1782. 
 Chickamauga and Chattanooga, 1783-1799. 
 Gettysburg, 1790-1814. 
 
 militia may use, for maneuvers, etc., 1781-1782. 
 Shiloh, 1815-1824. 
 Pay (see Pay Department) : 
 clerks, 25. 
 
 enlisted men, 638-661. 
 messengers, 25. 
 officers, 608-623. 
 Pay Department : 
 absence- - 
 
 pay during, 621-623. 
 
 sickness, 621. 
 
 with leave, 621, 622. 
 
 without leave, 621, 623. 
 additional paymasters, 599. 
 allowances in addition to pay forbidden, 613. 
 appointments, 597. 
 assignments of pay of enlisted men forbidden, 
 
 650. 
 
 assistant paymasters, general, 597. 
 bond-aided roads, 552. 
 bonds, 466-477, 51 5, 605. 
 
 inspection of, 515. 
 
 renewal of, 515, 605. 
 brevets, no additional pay, 612. 
 captivity, payment during, 647. 
 check, payments by, 607. 
 clerical force, 64. 
 clerks, salary, 604. 
 
 noncommissioned officers as, 604. 
 collections for stores sold on credit, 658-660. 
 command of officers, 598. 
 commutation of quarters, 625-629. 
 
 payable during temporary absence in field, 628. 
 
 rates of commutation, 625-627. 
 continuous-service pay, 644-645. 
 deceased officers, 993, note, 
 deposits, 654-657. 
 
 deputy pay masters- general, 597, 602. 
 duties, 599, 601-603, 606, 607. 
 enlisted men, pay, 638-650. 
 
 absence without leave, forfeiture of pay, 1061. 
 
 allowances on retirement, 646, 1027. 
 
 assignments of pay forbidden, 650. 
 
 cadets, 1109. 
 
 certificates of merit, 1008, 
 
 checks, payments by, 607. 
 
 commutation of quarters, 646. 
 
 deposits forfeited by desertion, 654, 1044, 1061. 
 
 rates, 638. 
 
 re-enlistments, 643, 1021-1025. 
 
 retained pay, 639-642. 
 
 retired, 646, 1026-1027. 
 allowances, 646, 1027. 
 pay, 646. 
 
 Soldiers' Home, deduction for, 642, 1730. 
 
 stoppages. 636, 637. 
 final payments, 993, note. 
 Indian scouts, 648. 
 land-grant railroads, 552, 631. 
 
 Pay Department Continued, 
 longevity pay, 614-618. 
 matrons in hospitals, 649. 
 mileage, payable by, 633. 
 
 rates, 630-635. 
 
 monthly payments to officers, 611. 
 mounted, pay, 610. 
 nurses, 649. 
 officers 
 
 aids to brigadier-general, 608. 
 major-general, 608. 
 
 assistant to Chief of Ordnance, 609. 
 
 brevets, no additional pay for, 612. 
 
 credits for longevity, 614-618, 983. 
 
 deceased, final payments, 993, note. 
 
 discharged, 991. 
 
 longevity service, 614-618, 983. 
 
 monthly payments, 611. 
 
 mounted, 610. 
 
 ordnance, principal assistant, 609. 
 storekeepers, 608. 
 
 retired pay, 619, 620, 984. 
 
 stoppages, 636, 637. 
 
 supernumerary officers, discharge of, 991. 
 
 rates of, to officers, 608. 
 
 to appear in Army Register, 433. 
 officers, pay of, 608-623. 
 organization, 597. 
 pay and allowances, 608-623. 
 paymasters, 597. 
 
 paymasters' clerks, appointment, 604. 
 payments, 602, 603, 606, 607. 
 quarters, commutation of, 625-629. 
 recruits, credit to, at depots, 651. 
 reenlistment pay, 643. 
 retained pay, 639-643. 
 retired pay 
 
 enlisted men, 646. 
 
 officers, 619. 
 stoppages, 658-660. 
 
 sales, 658-660. 
 
 subsistence, 658-660. 
 sureties. 605. 
 
 tobacco, collections for sales of. 660. 
 transfers, 631. 
 
 transportation in kind, 631. 
 travel allowances. 630-635. 
 
 discharged officers, 635. 
 
 discharged soldiers, 653. 
 
 expert accountant, 634. 
 
 mileage, 630-635. 
 by whom paid, 633. 
 computation of, 630, 631. 
 rates, 631. 
 shortest usually traveled route, 630, 631. 
 
 paymasters' clerks, 634. 
 
 transportation in kind, 631. 
 volunteers, payments to, 661. 
 waiting orders, 621 . 
 Avholly retired officers, pay of, 620. 
 Paymaster-General : 
 appointed from corps, 455. 
 rank, 597. 
 
 Paymasters' Clerks (see Pay Department) -. 
 appointment, 604 
 mileage, 634. 
 
INDEX. 
 
 837 
 
 Paymasters' Clerks Continued, 
 number, 604, note, 
 pay, 604. 
 
 travel allowances, 604. 
 Payments : 
 
 conclusive on payee, when, 143. 
 decisions respecting, by Comptroller, 136. 
 to troops, 606, 607. 
 Penalty Envelopes, 60, 264, 265. 
 Pension Commissioner (see Pensiont) : 
 
 office, 389, 390. 
 Pensions: 
 
 accrued pensions of decedents, 1664-1666. 
 army nurses, 1641-1642. 
 arrears of, 1643-1652. 
 assignments, 1695-1696. 
 attachment, etc., prohibited, 1696. 
 attorneys' fees, 1667-1673. 
 checks, 1677-1678. 
 
 duplicate, 1684. 
 
 mailing, to constitute payment in certain 
 
 cases, 1678. 
 children, 1617-1625. 
 
 legitimacy of, 1619. 
 clerks, officers, etc., not to be interested in claims 
 
 for, 1654. 
 
 commencement of, 1643, 1652. 
 continuance of, 1702. 
 decedents, pensions of, 1664-1666. 
 declarations and evidence, 1655-1663. 
 dependent pension law, 1637-1640. 
 dependent relatives, 1627-1629. 
 disabilities, rates for, 1600-1613. 
 disloyalty of claimant, 1709, 1710. 
 
 no bar, when, 1710, 1711. 
 duplicate checks, 1684. 
 embezzlement, 1700, 1712. 
 enlisted men- 
 civil service, may enter, 1706. 
 
 not deemed deserters, when, 1707. 
 
 on active or retired list, not entitled to, 1704, 
 1705. 
 
 period of service, 1616. 
 
 rates for special disabilities, 1600-1613. 
 evidence in pension cases, 1655-1663. 
 exempt from levy, attachment, etc., 1696. 
 false claim, 1655. 
 fees, 1667-1673. 
 
 fiduciary agent, embezzlement by, 1700, 1712. 
 general pension law, 1594-1616. 
 guardian, embezzlement by, 1700, 1712. 
 Indian wars, 1635-1636. 
 investigations, 1697-1699. 
 limitation, removal of, 1653. 
 line of duty, 1596. 
 marriages, proof of, 1621. 
 Members of Congress, officers, etc., not to be 
 
 interested in, 1654. 
 Mexican war, 1633-1634. 
 mininmm rate, 1708. 
 officers 
 
 on active or retired list, not entitled to, 1704, 
 1705. 
 
 rates for permanent disability, 1597. 
 special disability, 1600-1613. 
 
 sick leave, how reckoned, 1615. 
 
 Pensions Continued, 
 one pension to claimant, 1701. 
 payment of, 1674-1683. 
 mailing check, 1678. 
 presumptions as to citizenship, 1659. 
 death, 1660. 
 disability, 1661. 
 legitimacy of children, 1619. 
 proof of citizenship, 1659. 
 death, 1660. 
 disability, 1661. 
 legitimacy of children, 1619. 
 rank, pensions according to, 1598. 
 rates for special disabilities, 1600-1613. 
 under dependent pension law, 1637. 
 under general law, 1597. 
 widows, children, etc., 1617-1620, 1638. 
 relatives, dependent, 1627-1629. 
 special examinations, 1685-1692. 
 
 fees, etc., 1693-1694. 
 suspension of, 1713. 
 total disability, rates for, 1597. 
 unclaimed, 1664-1666. 
 under special acts, 1630-1632. 
 vested right, 1713. 
 widows and children, 1617-1626. 
 
 marriages, 1621 . 
 withholding, 1703. 
 Peonage : 
 
 abolished in New Mexico, 1549-1550. 
 Permanent Appropriations: 
 bounties, 180. 
 horses lost, etc., 180. 
 National Homes, etc., 180. 
 Soldiers' Home, 180. 
 Physical Examinations, 459, 941. 
 Police, Indian. (See Indians.) 
 Political Assessments and Contributions, 97-101, 
 
 128. 
 Poor Debtors: 
 
 discharge of, 191, 192. 
 Portland, Oreg. : 
 
 advertising in, 539, 1158. 
 Posse Comitatus Act, 1562. 
 Postage: 
 rates of, 261. 
 
 stamps, how obtained, 59. 
 Post Bakeries, 541, 1173, 1223. 
 Post Chaplains. (See Chaplains.) 
 Post Commissary-Sergeants. (See Commissary- 
 Sergeants.) 
 
 Post Exchanges, 1174, 1224-1225. 
 Post Gardens, 1173, 1174. 
 Post Messes, 1174. 
 Postmaster-General : 
 oath of office, 258. 
 office, 257. 
 Postmasters : 
 oath of office, 258. 
 may be administered by officers of the Army, 
 
 259. 
 
 Post-Office Department (see Executive Depart- 
 ments) : 
 
 envelopes for Executive Departments, 268. 
 establishment of, 257. 
 franking privilege, 264-267. 
 
838 
 
 INDEX. 
 
 Post-Office Department Continued. 
 
 mail matter, classification, 260. 
 penalty envelopes, 264-267. 
 postage, rates of, 261. 
 registry of official letters, 267. 
 Post Quartermaster-Sergeants (see Quarterman- 
 
 ter's Department) : 
 appointment, 538. 
 duties, 538. 
 fuel, 571, note, 
 number, 538. 
 pay an d allowances, 538. 
 qualifications, 538. 
 quarters, 538, 571, note, 
 rations, 538, 580-586. 
 Posts: 
 
 bakeries, 1173, 1223. 
 barracks, permanent, 1216. 
 beer, sales of, at exchanges, 1225. 
 buildings, construction of, 1 216. 
 estimates, 1216, 1218. 
 expenditures on, limited to $500, 1218. 
 exchanges, 1174, 1224, 1225. 
 buildings, 1224. 
 
 expenditures on, prohibited, 1224. 
 transportation for, 1224. 
 wine, sales of, 1225. 
 gardens, 1173, 1174. 
 grounds, 1218. 
 
 limit of expenditure, 1172, 1218. 
 liquor, sales of, at exchanges, 1225. 
 messes, 1174. 
 
 schools, supplies for, 1173, 1222. 
 title papers to lands, 1216. 
 traders, 1219-1221. 
 
 discontinued, 1221. 
 trading establishments, 1219-1221. 
 wine, sales of, at exchanges, 1225. 
 Post Schools, 1173, 1222. 
 Post Traders, 1219-1221. 
 Powers of Attorney, 196. 
 Premium for Enlistment, 1019. 
 Premium oil Funds to be Accounted For, 483. 
 Presents to Superiors Forbidden, 127. 
 President (see Executive Departments) : 
 appointing power, 4. 
 Army Regulations, 429-430. 
 Attorney-General, opinions of, 272. 
 brevets, 995-1003. 
 
 assignments to command, 448, 1000, 1001. 
 certificates of merit, 1008. 
 citizens, protection of, abroad, 1365, 1366. 
 civil rights, enforcement, 1536-1548. 
 civil service, 83,103. 
 clothing, prescribed by, 562. 
 commander in chief, 2, note 2. 
 commissions to officers, 116, 900. 
 convening authority, 1299, 1300. 
 courts-martial 
 appointing power, 1299, 1300. 
 reviewing authority, 1314-1321. 
 courts of inquiry, 1338-1343. 
 dismissal of officers, 956. 
 
 restoration of dismissed, 955, 957. 
 dismounted cavalry, 1074. 
 disrespectful words to, 19 A. "W. 
 
 Pre sident Continued . 
 
 District of Columbia militia, 1286, (1-63). 
 elective franchise, 1551, 1552. 
 employment of military force, 1501-1585. 
 engineer officers, assignments to command, 464, 
 
 967. 
 examinations for promotion, rules for, 941-943, 
 
 946-949. 
 
 executive powers, 1. 
 extradition, 1574-1576. 
 force, military, employment of, 1501-1593. 
 forest reservations, 1858. 
 Indian scouts, 439, 440. 
 Indians and Indian Affairs, 1380-1500. 
 regulations for, 384. 
 reservations, removal of trespassers, 1508- 
 
 1513. 
 Indians, prohibition of, trading with, 1467. 
 
 superintendence, 1445. 
 insurrection, 1501-1504. 
 
 suppression of, 1501-1504. 
 intercourse act, 1514-1535. 
 invasion, 1505-1507. 
 lands, acquisition of, 1204-1209. 
 assent of States to purchases of, 1206. 
 cession of, 1204-1206. 
 disposal of, 1199, 1200, 1211-1214. 
 patents, 376. 
 
 releases of interests in, 1207. 
 removal of trespassers, 1554. 1555. 
 light batteries, 1077. 
 Marine Corps, regulations, 366. 
 medals of honor, 1007. 
 ribbons for, 1007. 
 rosettes for, 1007. 
 
 military force, employment of, 1501-1593. 
 militia, calling out of, in case of invasion, etc.. 
 
 1256-1262, 1505, 1506. 
 period of service, 1262. 
 returns, 1250. 
 
 naturalized citizens, protection of, 1365, 1366. 
 neutrality laws, enforcement, 1563-1573. 
 pardoning power, 2, note, 
 peonage in 3s r ew Mexico, 1549, 1550. 
 proclamation to insurgents, 1504. 
 quarantine laws, enforcement, 1553. 
 regulations t 
 army, 429-430. 
 
 civil service, 83, 87, 88, note, 89-103. 
 Indian, 384. 
 Marine Corps, 366. 
 Washington Aqueduct, 733. 
 reservations, Indian, removal of trespassers, 
 
 1508-1513. 
 military, 1201, note. 
 
 restoration of dismissed officers, 956, 957. 
 retirement of officers, 964-985. 
 retiring boards, 968-978. 
 statutes, revision of, 395, 412. 
 Superintendent of State, War, and Navy Build- 
 ing, 82. 
 
 term of office, 1, 3. 
 
 Thanksgiving Day, designated by, 35. 
 treaty-making power, 4. 
 
 trespassers on public lands, removal of, 1554, 
 1555. 
 
INDEX. 
 
 839 
 
 President Continued. 
 
 uniform prescribed by, 562. 
 
 war powers, 2, note. 
 Principal Musicians (see Enlisted Men) : 
 
 artillery, 1075. 
 
 infantry, 1078. 
 Printing : 
 
 estimates for, 167. 
 Prison: 
 
 military, 525. 
 Prisoners: 
 
 confinement. 1293-1297. 
 
 escape, 1298. 
 
 imprisonment, limitation, 1294. 
 
 officer in cbarge of, duties, 1296-1298. 
 
 provost-marshals, etc., duty, 1296-1298. 
 
 refusal to receive, 1296. 
 
 release without authority, 1298. 
 
 report, 1297. 
 Priyate Property : 
 
 claims for, 215. 
 
 protection of, pp. 784-786. 
 Pri?ates (see Enlisted Men) : 
 
 artillery, 1076, 1077. 
 
 cavalry, 1072. 
 
 engineers, 702. 
 
 Hospital Corps, 673. 
 
 infantry, 1079. 
 
 ordnance, 867. 
 
 Proceeds of Sales (see Sales), 490-494. 
 Profane Oaths, 53 A. W. 
 
 Promotions (see Sta/ Departments, Commissioned 
 Officers, and Enlisted Men) : 
 
 Adjutant-General's Department, 455, 457, 516. 
 
 cadets, 944, 945, 1110. 
 
 Engineer Department, 455, 457, 698-700. 
 
 enlisted men, 946-949. 
 
 examinations for, 458, 941. 
 
 history of, 939, note. 
 
 Inspector-General's Department, 455, 457, 520. 
 
 Judge- Advocate-General's Department, 457, 528. 
 
 line, 938. 
 
 lineal in arms and corps, 457, 938. 
 
 Medical Department, 457, 662, 654, 665, 666. 
 
 officers, 457, 458, 938, 941-943. 
 
 operation of law. 
 Engineer Department, 699. 
 Medical Department, 665. 
 Ordnance Department, 857. 
 
 Ordnance Department, 455, 457, 856, 857. 
 
 Pay Department, 455, 457. 
 
 Quartermaster's Department, 455, 457. 
 
 rule of, 457, 458, 938. 
 
 Signal Department, 457, 916. 
 
 Subsistence Department, 455, 457. 
 Property: 
 
 accountability, 1226-1237. 
 
 acquisition of, 1226-1228. 
 
 captured, 1228. 
 
 Congress, power of, to regulate, 1226. 
 
 cost of repairs, charges, 1235. 
 
 damaged, 1234-1236. 
 disposition of, 1236. 
 
 damage to, 1234. 
 
 deficiencies, stoppages for, 636, 637. 
 
 destroyed in service, claims for, 215. 
 
 Property Continued. 
 
 destruction of, penalty, 55 A. W. 
 
 disposal of, 1226, 1236. 
 
 inspection of damaged articles, 1236. 
 
 lost in service, 208, 215. ' 
 
 protection of, 912a. 
 
 purchase of, 1227. 
 
 safe-keeping of, 1227. 
 
 sales of, 873-876. 
 
 stoppages for deficiencies, 636, 637. 
 
 unsuitable or damaged articles, disposition, 1236. 
 
 waste of, penalty, 55 A. W. 
 Property Accountability (see Property) : 
 
 administration of oaths, 73, 74, 1237. 
 
 affidavits, 1237. 
 
 captured property, 1228. 
 
 certificates of loss, 1230, 1231. 
 
 charges against officers, 1230, 1231. 
 
 company commander, 73, 74, 1229. 
 
 cost of repairs, charges, 1235. 
 
 damage, deficiency, etc., 1234, 1235. 
 
 loss of, or damage to, oaths, etc., 531, 1237. 
 
 methods of accounting, 1232, 1233. 
 
 oaths, administration of, 531, 1237. 
 
 officers, charges against, 1230, 1232. 
 
 Ordnance Department, 869, 870. 
 
 Quartermaster's Department, 573. 
 
 regulations respecting, to be prepared by Secre- 
 tary of War, 1227, 1233. 
 
 returns, 1230, 1232. 
 
 Signal Department, 922, 923. 
 Proposals (see Contracts and Purchases) -. 
 
 American materials, preference for, 1163. 
 
 annual reports of, 79. 
 
 award, 1162, 1165, 1166. 
 
 bonds to accompany, 1161. 
 
 conditions of award, 1165-1166. 
 
 cumulation of bids in river and harbor work, 
 807, 1160. 
 
 lowest responsible bidder, 1165. 
 
 notice, 1162, 1165. 
 
 notifications of opening, 1162. 
 
 opening, 1162. 
 
 separate bids required, 1159. 
 Proving Ground at Sandy Hook, 881, 882. 
 Provost-Marsha^ 
 
 refusal to receive prisoner, 1296, 67 A. "W. 
 Public Animals. (See Animals.) 
 Public Buildings (see Lands, Contracts and Pur- 
 chases, and Public Buildings and Grounds) : 
 
 appropriations for, not to be exceeded, 512, 1147. 
 
 closing, in memory of deceased ex-official pro- 
 hibited, 58. 
 
 cost, not to exceed appropriation, 512, 1147. 
 
 draping, in mourning prohibited, 57. 
 
 limitation on expenditures, 3 172. 
 
 pipes and mains to, in Washington, 738. 
 Public Buildings and Grounds (see Public Build- 
 ings) : 
 
 Chief of Engineers, duties respecting, 714. 
 
 compensation of officer in charge, 716, note, 
 employees, 716, 720. 
 
 estimates, 715. 
 
 greenhouses, plants, trees, shrubs, etc., 717. 
 
 inventory, 719. 
 
 lands, reservations, etc., plans of, 741. 
 
840 
 
 INDEX. 
 
 Public Buildings and Grounds Continued. 
 
 officer in charge, 716, note. 
 
 plans, records, etc., 741. 
 
 propagating gardens, 717. 
 
 reports, 718. 
 
 reservations, lands, etc., plans, 741. 
 
 trees, shrubs, etc., 717. 
 Public Exigency, 1151, note. 
 Public Funds (see Accounts) : 
 
 accounts of, 232, 233, 495, 496. 
 
 custodians, duties, 249. 
 1 deposited, where, 228, 229. 
 
 disbursements, 249. 
 1 loaning forbidden, 249. 
 
 mints, 223, 224. 
 
 safe-keeping, 228, 229, 249. 
 subject to draft of Treasurer, 251. 
 
 suits to recover, 234. 
 
 transfers of, by Secretary of Treasury, 250. 
 
 Treasurer, 216-221. 
 
 Public Health (see Quarantine), 1553. 
 Public Holidays, 35, 36, 37. 
 Public Lands: 
 
 acquisition, 1204, 1208, 1209. 
 
 condemnation, 1208, 1209. 
 
 consent of States to acquisition, 1206. 
 
 inclosure of, prohibited, 1554. 
 
 jurisdiction over reservations, 1210. 
 
 lands not subject to preemption, 1200. 
 
 leases, 1215. 
 
 mineral lands, 1200. 
 
 mines, 1200. 
 
 pre-emption, 1199. 
 
 procedure iu condemnation, 1208, 1209. 
 
 purchase of, restriction, 1205. 
 
 releases, 1207. 
 
 reservations not subject to preemption, 1200. 
 
 rights of way, 1202, 1203. 
 
 salines, 1200. 
 
 sale of abandoned reservations, 1211-1214. 
 
 timber depredations, 1554. 
 
 titles to, examination of, 1204. 
 
 trespassers, removal of, 1555. 
 
 unlawful inclosures of, 1554. 
 Public Office. (See Office.) 
 Public Officers. (See Officers.) 
 Public Printer: 
 
 departmental estimates, 167. 
 reports, furnishing of, 51. 
 
 documents, copies of, etc., 51. 
 Public Property (see Property and Property Ac- 
 
 countability), 1226-1237. 
 Public Works (see Engineer Department) : 
 
 bridges, 816-819. 
 
 canals, etc., 813-815. 
 
 contracts, etc., 806-812. 
 
 estimates for, 169, 712. 
 
 harbor lines, 820-822. 
 
 injuries to, 823-834. 
 
 plans, 169. 
 
 river and harbor works, 794-805. 
 Punishments (96-101 A. W.) : 
 
 approval of. 103 A. "W. 
 
 limits of, p. 704. 
 
 prohibited, 98 A. W. 
 Purchases (see Contracts and Purchases) : 
 
 advertising, 1151, 1154-1164. 
 
 Purchases Continued. 
 
 American materials, preference for, 883, 1163. 
 
 animals, 546-549, 1167- 1171. 
 
 appropriations, not to be exceeded, 1146, 1147. 
 
 artillery horses, 548, 549. 
 
 bakeries, 1173. 
 
 cavalry horses, 548, 548. 
 
 emergency, 1151. 
 
 exchanges, 1174. 
 
 Executive Departments, 1152, 1153. 
 
 exigency, 1151. 
 
 gardens, 1174. 
 
 general rule, 1151. 
 
 horses, 548, 549, 1167-1169. 
 
 immediate delivery, 1151. 
 
 marking of supplies, 1178. 
 
 medicines, etc., 1176. 
 
 messes, 1173. 
 
 open-market, limit, 1166. 
 
 Ordnance Department, 1177. 
 
 proposals, 1159-1163. 
 
 public exigency, 1151, note. 
 
 schools, 1173. 
 
 Subsistence Department, 591. 
 
 where made, 1166. 
 
 without advertisement, 694, 872. 
 Quarantine : 
 
 enforcement of, 1553. 
 Quarrels, Frays, etc., 24 A. W. 
 Quartermaster-General : 
 
 absence, succession during, 465. 
 
 appointed from corps, 455. 
 
 artificial limbs, etc., 686, 687. 
 
 duties, 535, 536. 
 
 post quartermaster-sergeants, selection, 538. 
 
 rank, 533. 
 Quartermaster-Sergeants (see Enlisted Men) : 
 
 artillery, 1075, 1076. 
 
 cavalry, 1071, 1072. 
 
 engineers, 702. 
 
 infantry, 1078, 1079. 
 
 post, 538. 
 Quartermasters : 
 
 artillery, 1075. 
 
 cavalry, 1071. 
 
 engineer battalion, 702. 
 
 infantry, 1078. 
 
 staff, 533. 
 
 Quartermaster's Department (see Staff Depart- 
 ments) : 
 
 advertising, 539, 540. 
 
 American productions favored, 1158. 
 
 animals, number of, 546-549. 
 purchase, 546-549. 
 
 appointments, 456. 
 
 artificial limbs, transportation, 686, 687. 
 
 assistant quartermasters, 533. 
 
 assistant quartermasters-general, 533. 
 
 awards, 540. 
 
 bakeries, 541. 
 
 bond-aided railroads, 552. 
 
 buildings, 569, 570, 1172, 1218. 
 
 cavalry horses, purchases of, 548, 549. 
 
 civilian employees, 553, 554. 
 
 claims, 164. 
 
 clerical force, 64. 
 
 clothing, 561, 568. 
 
INDEX. 
 
 841 
 
 Quartermaster' N Department Continued, 
 clothing Continued. 
 
 accounts, 563, 564. 
 
 alterations of, 567, 568. 
 
 gratuitous issues, 565. 
 
 construction of buildings, 569, 570, 1217, 1218. 
 deputy quartermasters-general, 533. 
 draft animals, 546. 
 duties, 535. 
 
 emergency purchases, 540. 
 employes, compensation, 553, 554. 
 
 number, 553, 554. 
 enlisted men, 538. 
 erection and repair of buildings, 569, 570, 1172, 
 
 1218. 
 
 examination of claims, 164, note, 
 exchanges, 542. 
 extra duty, 555-558. 
 forage, 559, 560. 
 
 allowances, 559, note. 
 
 to militia in active service, 1267. 
 fuel, 559, 560. 
 
 allowances of, 571, note. 
 
 sales, to officers, 559. 
 funeral expenses of officers, 993, note. 
 
 enlisted men, 1070, note, 
 gardens, 541, 542. 
 horses, 546-549. 
 land-grant railroads, 552. 
 lockers, 571, note, 
 messes, 541. 
 
 methods of purchase, 539-543. 
 military storekeepers, 534. 
 miscellaneous supplies, purchases, 540. 
 mules, 547. 
 
 munitions of war, transportation of, 544. 
 naval detachments, 550. 
 organization, 533. 
 
 Pacific Coast, advertising, 539, 1158. 
 pack animals, number, 5J6. 
 post quartermaster-sergeants, 538. 
 
 appointment, 538. 
 
 duties, 538. 
 
 fuel, 538. 
 
 number, 538. 
 
 pay and allowances, 538. 
 
 qualifications, 538. 
 
 qviarters, 571, note. 
 
 rations, 538, 580-586. 
 printing, 543. 
 
 procurement of supplies, 535, 539-543, 1165-1178. 
 property accountability, 573, 1227-1237. 
 purchases, 535, 539, 540-543, 1165-1178. 
 Quartermaster-General 
 
 absence, succession during, 465. 
 
 appointed from corps, 455. 
 
 artificial limbs, etc., 686, 687. 
 
 duties, 535, 536. 
 
 post quartermaster-sergeants, selection, 538. 
 
 rank, 533. 
 
 quartermasters, 533. 
 quartermaster-sergeants, 538. 
 quarters, 569-572. 
 
 allowances of, 559, 560, 571, note ; 572. 
 
 assignment of, 571, note. 
 
 choice, 571, note. 
 
 command in, 443. 
 
 Quartermaster's Department Continued. 
 quarters Continued. 
 
 commutation of, 625-629. 
 
 construction of, 569, 570. 
 
 selection of, 571, note, 
 regular supplies, purchases, 540-542. 
 school supplies, 541. 
 subsistence duty, 537. 
 supplies, procurement of, 69, 535, 539-543, 1165- 
 
 1178. 
 transportation, 535, 544-552, 686, 687, 993, 1070. 
 
 artificial limbs, 686, 687. 
 
 deceased officers, 993, note, 
 soldiers, 1070, note. 
 
 Executive Departments, etc., 551. 
 
 officers, 545. 
 
 procurement of, 544-552. 
 
 regulated by Secretary of War, 69, 70. 
 
 troops, 544. 
 
 Quartermasters, Regimental, 1071, 1075, 1079. 
 Quartermaster Stores : 
 claims for, 164, note. 
 Quarters : 
 
 allowance of, 571, note, 
 commutation of. 625-629. 
 Quitting Guard, etc. : 
 
 without leave, 40 A. "W. 
 Railroads : 
 bond-aided, 552. 
 land-grant, 552. 
 Rank: 
 
 brevet, assignments, etc., 448. 
 grades of, 443, note, 
 militia, 124 A. W. 
 relative, Army and Navy, 446. 
 volunteer, uniform may be worn, 1004. 
 volunteers and regulars, 444; 123 A. W. 
 Rates : 
 commutation of quarters, 625-629. 
 
 rations, 595, note, 
 postage, 261. 
 
 Ration (see Subsistence Department) : 
 beef, 580. 
 bread, 580. 
 
 components, 580, note, 
 candles, 580, note, 
 coffee, 580. 
 
 liquid coffee, 580, note, 
 commutation of rations, 595, note, 
 components of ration, 580, 581. 
 emergency, 580, note, 
 flour, 580. 
 
 Indians, issues to, 1441. 
 liquid coffee, 580, note, 
 meat components, 580, note, 
 militia in active service, 1264. 
 
 on "Western frontier, 1269. 
 rations to Indians, 1441. 
 salt, 580, note. 
 
 seasoning components, 580, note, 
 soap and candle components, 580, note. 
 sugar, 580. 
 tea, 580. 
 
 vegetable components, 580, note, 
 vinegar, 580, note. 
 
 Rations (see Subsistence Department) : 
 coffee and sugar, 585, 586. 
 
842 
 
 INDEX. 
 
 Rations Continued, 
 commutation, 595, note, 
 components, 580, note; 581. 
 cooking, 596. 
 emergency, 580, note, 
 enlisted men, 582, 583. 
 extract of coffee, 585. 
 issues, 580-584. 
 matrons, 584. 
 nurses, 584. 
 purchases, 587-591. 
 sales, 587-591. 
 sugar and coffee, 585, 586. 
 supervision of cooking, 596. 
 travel, 581, note. 
 Receivers of Public Moneys, 228. 
 
 deposits, where made, 228, 229. 
 Record and Pension Office: 
 duties, 926-929. 
 hospital records, 926. 
 military records, 926-929. 
 pension business and records, 926. 
 States, transcripts of records for, 929. 
 volunteer armies, records of, 926. 
 war of Revolution, records of, 927, 928. 
 war of 1812, records of, 927, 928. 
 Records : 
 
 certification of, 1347-1355. 
 courts-martial, 529-532, 1313. 
 evidence, 1347-1355. 
 Recruiting Men to Serve Against United States : 
 
 penalty, 1592. 
 
 Recruiting Service, 516, note. 
 Recruits (see Enlisted Men) : 
 Articles of War to be read to, 2 A. W. 
 credit to, at depots, 651. 
 Redress of Wrongs: 
 enlisted men, 1324, 30 A. W. 
 officers, 29 A. W. 
 Re-enlistment (see Enlistment) : 
 conditions, 1018, 1021-1024. 
 continuous service pay, 1022-1024 
 pay, 1022, 1023. 
 
 service, character of, 1021, note. 
 Regimental Chaplains. (See Chaplains.) 
 Regimental Courts (see Courts-Martial) : 
 Regimental Returns, 519, note, 7 A. W. 
 Regiments : 
 
 altering clothing, 567, 568. 
 appointments not made to, 937. 
 Articles of War to be read to, 124 A. W. 
 artillery, 1075. 
 assignments to, 939. 
 cavalry, 1071, 1073. 
 chaplains, 930-936. 
 infantry, 1078, 1080. 
 militia, 1244-1246. 
 promotions in, 938. 
 returns, 519, note ; 869, 870. 
 transfers in, 939. 
 Register, Army (see Army Register and Biennial 
 
 Register) : 
 Biennial, 53. 
 Recess Appointments : 
 notifications of, 118. 
 Registered Letters. (See Post- Office Department.) 
 
 Regular Army and > T avy Union : 
 
 badge of, 1011. 
 
 Regulations, Army. (See Army Regulations.) 
 Relative Rank: 
 officers of Army and Navy, 446. 
 
 same grade and date, 447. 
 Release: 
 
 deserters, 1066, note. 
 Releases of Interests in Land, 1207. 
 Relieving the Enemy (see Treason), 45 A. W. 
 Remains of 
 deceased officers, 993, note. 
 
 soldiers, 1070, note. 
 
 Removal of Charge of Desertion, 1052-1067. 
 Removal of Intruders from Indian Reservations, 
 
 1508-1513. 
 
 Renewal of Bonds, 515. 
 Renting of Buildings, 61. 
 Reports (see Annual Reports) : 
 delinquent disbursing officers, 133, 148. 
 refusal to render, penalty, 123. 
 Reproachful Speeches, 25 A. W. 
 Requisitions : 
 
 money, action of auditors, 146. 
 Reservations (see Public Lands) : 
 establishment of, p. 423, note, 
 jurisdiction over, 1210, note. 
 Indian, hunting on, prohibited, 1472. 
 liquor, introduction of, 1474-1477. 
 surveys of, 1446. 
 leases, 1215. 
 
 liquor, introduction of, on Indian, 1474-1477. 
 not subject to pre-emption, 1200, 1201. 
 sale of abandoned, 1211-1214. 
 Resignation of Officers, 953, 954. 
 Retained Pay: 
 
 abolished, 642 ; 1025. 
 Retainers to Camp: 
 
 triable by court-martial, 1306 ; 63 A. W. 
 Retired Enlisted Men (see Retirement of Enlisted 
 
 Men) : 
 
 allowances, 1027. 
 
 Articles of War apply to, 1026, note, 
 clothing, 1027. 
 employment, 1026, note, 
 pay, 646. 
 
 status, 1026, note, 
 subsistence, 1027. 
 
 Retired List (see Retirement of Officers), 964-985 : 
 enlisted men, 1026-1027. 
 limited list, 982. 
 
 transfers from limited to unlimited list, 982. 
 unlimited list, 964-966. 
 
 Retired Officers (see Retirement of Officers) : 
 Articles of War apply to, 985. 
 college details, 958-963. 
 command, 979. 
 duty of, 958-963, 985-987. 
 limited list, 981. 
 pay, 619. 
 
 rank upon which retired, 977. 
 service for retirement, 983. 
 Soldiers' Home, 985. 
 status of, 979. 
 territories, office in, 987. 
 transfers from limited to unlimited list, 982. 
 
INDEX. 
 
 843 
 
 Retired Officers Continued. 
 
 uniform, 985. 
 
 unlimited list, 967. 
 Retirement of Enlisted Men : 
 
 allowances, 1027. 
 clothing, 1027. 
 conditions, 1026. 
 employment, 1026, note, 
 liability to trial, 1026, note, 
 pay, 646. 
 
 qualifications, 1026. 
 service, 1026. 
 status, 1026, note, 
 subsistence, 1027. 
 transportation, 1026, note. 
 Retirement of Officers : 
 actual rank, retirement on, 977. 
 boards for retirement of officers, 968-978. 
 credits for service, 983. 
 discretionary with officer, when, 964, 965. 
 discretion of President, 964-967. 
 forty-five years' service, 966. 
 forty years' service, 964, 965. 
 general of the Army, 965. 
 limited list, 981. 
 
 President, discretionary retirement, 967. 
 qualifications for retirement, 964-966, 968, 983. 
 rank, 977. 
 
 retired pay, 619, 984. 
 retiring boards, 968-978. 
 service for retirement, 982, 983. 
 sixty-four years of age, 964. 
 status of, 979. 
 thirty years' service, 964. 
 transfers to unlimited list, 982. 
 unlimited list, 967. 
 vacancies caused by retirement, 980. 
 Retiring Boards (see Retirement of Officers) : 
 approval of proceedings, 973. 
 composition, 969. 
 constitution, 969. 
 disability, 968-978. 
 disability incident to service, 972, 974. 
 
 not incident to service, 975. 
 duties, 971-975. 
 findings, 972. 
 hearing, 976. 
 
 incapacity, findings as to, 972-975. 
 medical officers, 969. 
 membership, 969. 
 oath, 979. 
 powers, 971-975. 
 procedure, 970--975. 
 Retreat: 
 
 failing to retire at beating of, 35 A. "W. 
 Returns (see Property Accountability) : 
 clothing, 573. 
 false, 8 A. W. 
 militia, 1250. 
 ordnance, 869-870. 
 property, 1229-1233. 
 refusal to make, penalty, 123. 
 signal property, 921, 922. 
 strength, 519. 
 troops, 519; 7 A.W. 
 
 Returns Office: 
 contracts as evidence, 1351. 
 
 filing of, 391, 1189-1191. 
 copies to be furnished, 394. 
 
 fees for, 394. 
 establishment, 391. 
 fees for copies, 394. 
 index books, 393. 
 oath to returns, 1190. 
 papers to accompany contracts, 1189. 
 penalties for failure to file contracts, 1191. 
 records as evidence, 1351. 
 regulations, 1192. 
 returns, file of, 392. 
 supervision of, 391. 
 Reviewing Authority (see Courts-Martial), 1314- 
 
 1321. 
 
 Revised Statutes (see Statutes at Large) -. 
 accrued rights not affected, 407. 
 arrangement of matter in, 396, 410. 
 classification, 410. 
 
 commission for revision of statutes, 396-396. 
 compensation, 400. 
 duties, 396, 412, 413. 
 contents, 396. 
 crimes, 408. 
 criminal offenses, 408. 
 date of operation, 411. 
 evidence of laws, 402. 
 limitations, 409. 
 operation of, 411. 
 penal offenses, 408. 
 printed in parts, 398. 
 publication, 401-404. 
 repeal provisions, 406. 
 revision, completion of, 399. 
 
 submitted to Congress, 397. 
 scope, 405-411. 
 statutes of limitation, 409. 
 text of first edition, 396. 
 Revised Statutes, Second Edition : 
 arrangement of matter, 410. 
 classification, 410. 
 completion, 415. 
 contents, 414. 
 
 prima facie evidence of laws, 415, 416. 
 text, 413, 414. 
 
 Revised Statutes, Supplements : 
 contents, 417, 420, 423. 
 distribution, 418, 421. 
 evidence of laws, 419, 422. 
 Ribbons for Medals of Honor, 1007. 
 Rights of Way, 1202-1203. 
 
 River and Harbor Works (see Engineer Depart- 
 ment and Navigable Waters) : 
 anchorage grounds, 848-851. 
 Chicago Harbor, 840, 849. 
 District of Columbia, 852, 855. 
 New York Harbor, 850, 851. 
 application of appropriations, 806. 
 ballast, unlawful deposits of, 830. 
 bids, 808. 
 
 boats, scows, etc., unlawful deposits by, 830. 
 bridges, alterations in, 816, 817. 
 obstruction to navigation, 816, 817. 
 over navigable waters, 816-819. 
 regulations for, 817. 
 
844 
 
 INDEX. 
 
 Hirer and Harbor Works Continued, 
 canals, etc. 
 
 charges for use of, discontinued, 813. 
 
 operation of, 813-815. 
 
 regulation of, 813-815. 
 
 regulations for use of, 814, 815. 
 
 tolls, not to be levied, 813. 
 
 Chief of Engineers to direct preliminary sur- 
 veys and reports, 802. 
 civil engineers, 708, 709. 
 commercial statistics, 800. 
 compensation for displacement of water by 
 
 wharves, 829. 
 
 compilation of preliminary reports, 804. 
 compilation of projects, 804. 
 condemnation of lands, 810. 
 continuous contracts,811, 812. 
 contracts and purchases, 806-812. 
 creation of obstructions, 823-833. 
 cumulation of bids, 807, 1160. 
 deposits in, 826-830. 
 deposits, injurious, 826-828, 830. 
 
 ballast, 830. 
 
 New York Harbor, 835-847. 
 displacement of waters, compensation for, 829. 
 District of Columbia, harbor regulations, 852- 
 
 855. 
 
 drawbridges, regulations for, 819. 
 employment of retired officers, 709, note, 
 estimates, 712. 
 examinations, 802, 803. 
 expenditures, 806-812. 
 extensions of wharves, etc., 829. 
 fish ways, 834. 
 injunctions, to secure removal of obstructions, 
 
 824. 
 
 injuries to works, penalties, 823-830. 
 jetties, injuries to, 823. 
 lands, purchase of, 810. 
 laws respecting, to be compiled, 805. 
 libel on boats making deposits, 828. 
 licenses, masters, pilots, etc., revocation of, 827. 
 navigability, test of, 795, note, 
 navigable waters of the United States, 794-799. 
 obstructions by wrecks, etc., removal and sale,, 
 831-834. 
 
 removable by injunction, 824. 
 
 to works, penalties, 823-830. 
 piers, injuries to, 823. 
 preliminary examinations, 802, 803. 
 
 reports, 802, 803. 
 
 procurement of materials and supplies, 806-812. 
 proposals, 808. 
 purchase of lands, 810. 
 refuse, deposits of, 826-828, 830. 
 rejection of bids, 808. 
 removal of wrecks, etc., 831-833. 
 retired officers, employment of, 709, note, 
 revocation of licenses, 827. 
 sale of wrecks, etc., 833. 
 sea walls, injuries to, 823. 
 slabs, sawdust, etc., unlawful deposits, 830. 
 statistics of commerce, 800. 
 stone, earth, etc., unlawful deposits, 830. 
 surveys, preliminary, 801-804. 
 test of navigability, 795, note. 
 
 Hirer and Harbor Works Continued. 
 
 Torch Lake, Mich., act of September 19, 1890, 
 not to apply, 825. 
 
 unlawful deposits, 826, 830. 
 
 wharves, injuries to, penalty, 823. 
 
 works in navigable waters to be approved by 
 Secretary of War, 822. 
 
 works of improvement, injuries to, 823-834. 
 
 wrecks, obstruction by, 831-833. 
 
 removal of, 831-833. 
 Rosettes (see Medals of Honor) . 
 
 when to be worn, 1007. 
 Rules of Eridence, 1346, note, 1347-1356. 
 Saddler Sergeants. (See Enlisted Men.) 
 Safeguard: 
 
 forcing, 57 A. W. 
 Sailors : 
 
 civil service, preference to, 84, 86, 93. 
 
 commended for civil employment, 85. 
 
 deceased, preference to orphans, 24. 
 
 discharged, preference to, in reductions, 24, 86. 
 Salary: 
 
 monthly payments, 611. 
 
 officer holding over, 111. 
 in arrears, 115. 
 
 payable to officer when sworn, 110. 
 
 stoppages, 636, 637. 
 
 Sales (see Subsistence Department, Ordnance De- 
 partment, and Medical Department) : 
 
 cannon for experimental purposes, 891. 
 
 disposition of proceeds, 490-494. 
 
 materials, old, 174, 491, 493, 494. 
 
 medicines to employees, 693. 
 National Home, 1748. 
 
 ordnance, 873-875. 
 
 proceeds, disposal of, 490-494. 
 
 subsistence, exempt from deposit, 491, 492. 
 Sandy Hook : 
 
 proving ground, 881, 882. 
 San Francisco: 
 
 advertising, etc., in, 539, 1158. 
 Savings of Enlisted Men, 654, 657. 
 Schools (see Pott Schools) : 
 
 pay of teachers, 555, 558. 
 School Teachers, 555, 558. 
 Scouts. (See Indian Scouts.) 
 Seal of the United States, 1877: 
 
 custodianship, 1878. 
 
 Second Trial for Same Offense Prohibited, 102 
 A. TV. 
 
 Secretary of the Interior (see Interior Depart- 
 ment) : 
 claims, investigation of, 385. 
 
 regulations for settlement of, 385. 
 duties, 373. 
 
 forest reservations, 1856-1858. 
 Indian affairs, supervision of, 382. 
 
 regulations for, 385. 
 Land Office, supervision of, 377. 
 office, 372. 
 
 Pension Office, supervision, 389. 
 removal of persons from reservations, 1508-1513. 
 returns office, supervision of, 391. 
 rights of way, 1202, 1203. 
 rooms for Civil Service Commission, 90. 
 
INDEX. 
 
 845 
 
 Secretary of the Interior Continued. 
 Territories, duties respecting, 374. 
 Yellowstone Park, 1830-1855. 
 Secretary of the Navy (see Navy Department) : 
 cannon, donations of, 876, 1795, 1824. 
 office, 354. 
 returns office, 391. 
 sales of stores, 494, 875. 
 
 supervisor of deposits in New York Harbor, 840. 
 Secretary of State (see State Department) : 
 commissions, attaching seal to, 1878. 
 Revised Statutes, 401-404. 
 seal of the United States, 1877, 1878. 
 Secretary of the Treasury (see Treasury Depart- 
 ment) : * 
 accounting, rules for, 132, 152. 
 Book of Estimates. 48, 172, 173. 
 certification of records, 150. 
 disbursing agents, 253-256. 
 estimates, 48-55, 172-174. 
 expenses of fiscal agents, 253. 
 intercourse in war, suspension of, 1514-1535. 
 office, 129. 
 
 regulations for presentation of drafts, 252. 
 report of delinquents, 133, 148. 
 rules for rendition of accounts, 132, 135. 
 transfers of funds in depositories, 250, 486. 
 warrants to be signed by, 146. 
 Secretary of War (see War Department) : 
 absence, temporary, provision for, 8, 11. 
 accounts, rules for examination of, 153. 
 American materials, preference for, 883, 1163. 
 annual report, 48, 49, 51, 713. 
 Antietam battlefield, 1825-1829. 
 arms, distribution of, to States, etc., 901, 904. 
 
 Executive Departments, 912a. 
 
 manufactures, etc., 896-912, 1277. 
 
 militia, purchases for, 1277. 
 Army Regulations, issue of, 430. 
 arsenals, abolition of, 900. 
 Assistant Secretary of War,j63. 
 Attorney-General, opinion of, 273-274. 
 battlefields, marking lines, etc., 1721-1824. 
 
 Antietam, 1825-1829. 
 
 Chattanooga, 1783-1799. 
 
 Chickamauga, 1783-1799. 
 
 Gettysburg, 1790-1814. 
 
 Shiloh, 1815-1824. 
 
 bridges over navigable waters, 816-819. 
 buildings, construction of, 1216-1218. 
 eanals, operation, etc., 813-815. 
 certificatea of merit, 1008. 
 harts, sales of, 75. 
 
 Chickamauga National Military Park, 1783-1799. 
 claims, 38-44. 
 
 reference of, to Court of Claims, 302, 303, 333. 
 clothing, gratuitous issues, 565, note, 
 commissary-sergeants, 579. 
 commissions to officers, 940. 
 commutation of coffee and sugar ration, 585. 
 contingent funds, 45-47, 78. 
 contracts and purchases, 806-812, 1144-1198. 
 
 river and harbor works, 79, 806-812. 
 
 supervision of, 1145. 
 custodian of departmental records, 67* 
 departmental regulations, 6. 
 
 Secretary of War Continued, 
 deposits in navigable waters, regulations for, 
 826-830. 
 
 in New York Harbor, 835-847. 
 dispatch of business, 16, 17, 49. 
 drawbridges, regulation of, 817-819. 
 duties, 62-72, 77-81. 
 estimates, 48, 54, 55, 166-174, 712. 
 flags, collection of, 68. 
 forest reservations, 1856-1858. 
 fortifications, 792, 793. 
 funds, how obtained, 480. 
 Gettysburg National Park, 1790-1814. 
 harbor lines, 820-822. 
 hospital stewards, 674. 
 leases, revocable, 1215. 
 liquors, introduction of, into Indian country, 
 
 1474, 1475. 
 
 medals of honor, 1007. 
 national cemeteries, 1859-1874, 
 
 Home for Disabled Volunteer Soldiers, 1737- 
 
 1774. 
 national parks, etc., 1781-1858. 
 
 use of, for maneuvers, 1781-1782. 
 New York Harbor, deposits in, 835-847. 
 office, 62. 
 
 Ordnance and Fortification Board, 877-888. 
 ordnance, calibers of, 889. 
 payment of troops by check, 607. 
 piers, extensions of, 829. 
 post quartermaster-sergeants, 538. 
 property returns, 1230-1233. 
 proposals, rules for preparation, etc., 1161. 
 public buildings and grounds, 714-720. 
 quartermasters' supplies, 69. 
 regulations 
 
 Army, 429, 430. 
 
 departmental, 6. 
 
 not subject to Army, 429, note. 
 
 power to make and enforce, 430, note, 
 requisitions for funds, 480. 
 retirement of officers, 964-978. 
 retiring boards, 968-978. 
 returns office, 391, 1189-1192. 
 
 of militia, 81, 1249, 1250. 
 returns of property, 1230-1233. 
 river and harbor works, 794-805, 823-834. 
 
 approval of, 822. 
 
 contracts and purchases, 806-812. 
 Shiloh National Military Park, 1815-1824. 
 stoppages, 636, 637. 
 succession to office, temporary, 7-14. 
 supplies, duties respecting, 69, 536, 1145-1153. 
 telegraph lines, 71, 923-925. 
 Washington Aqueduct, supervision of, 732*745 
 Yellowstone National Park, 1830-1855. 
 Seditious Conspiracy, 1591. 
 Senate (see Congress) : 
 confirmation of appointments, 4. 
 penalty envelopes, 60. 
 rejected appointments, 118. 
 treaties, 4. 
 
 Sentences (96-101, 104-112 A. W.) : 
 approval, etc., 103, 104 A. W. 
 confirmation of, 109-111. 
 
 death, 96, 105 A. "W. 
 
846 
 
 INDEX. 
 
 Sen tence s Continued . 
 
 dismissals, 106, 107 A. W. 
 
 limitation on, p. 704. 
 
 mitigation, 112 A, W. 
 
 pardon, 112 A. W. 
 Sentinel : 
 
 sleeping on post, 39 A. W. 
 Sergeant-majors (Enlisted Men) : 
 
 artillery, 1075. 
 
 cavalry, 1071. 
 
 engineers, 701. 
 
 infantry, 1078. 
 Sergeants (see Enlisted Men) : 
 
 artillery, 1076. 
 
 cavalry, 1072. 
 
 engineers, 702. 
 
 infantry, 1079. 
 
 of ordnance, 867. 
 
 ordnance, 865, 866. 
 
 signal, 919. 
 Servants: 
 
 enlisted men not to be used as, 992, 1068. 
 Service Schools : 
 
 Artillery School, 1142. 
 
 Cavalry and Light Artillery School, 1144. 
 
 Engineer Depot, 1141. 
 
 Infantry and Cavalry School, 1143. 
 Set-off: 
 
 balances, how paid, 130, note, 197. 
 
 claims, 197. 
 
 Settlement of Accounts. (See Accounts.) 
 Shiloh National Military Park (see National 
 Parks) : 
 
 acquisition of lands, 1816, 1822, 1823. 
 
 battle lines, marking, etc., 1815, 1818-1820, 1822. 
 
 cannon, etc., 1824. 
 
 commissioners, 1818, 1819, 1822, 1823. 
 
 condemnation of lands, 1816. 
 
 cost of lands, limitation, 1823. 
 
 establishment, 1815, 1816. 
 
 lands, 1815, 1816, 1817, 1820-1823. 
 
 leases, 1817. 
 
 maps, 1822. 
 
 monuments, etc., 1817, 1819-1821, 1824. 
 
 office, 1823. 
 
 regulations, 1821. 
 
 State monuments, 1820. 
 
 supervision, 1816, 1818-1821, 1823. 
 
 tablets, etc., 1817, 1819-1821, 1824. 
 Sick Leaves (see Leaves of Absence), 950. 
 
 pay, 621. 
 
 Signal Corps. (See Signal Department.) 
 Signal Department (see Staff Departments) : 
 
 accountability, 921, 922. 
 
 appointments, 916. 
 
 appropriations, 917, 920. 
 
 chief signal officer- 
 appointed from corps, 455, 915. 
 duties, 913, 917, 918, 922-924. 
 rank, 913, 915. 
 
 details in Weather Bureau, 918. 
 
 District of Columbia militia, 1286. 
 
 duties, 913, 917, 918-924. 
 
 engineers, signal duties of, 706. 
 
 enlisted men, 919, 921, 922. 
 returns by, 921. 
 
 Signal Department Continued, 
 estimates, 917, 920. 
 examinations for promotion, 916. 
 information, collection of, 913. 
 injuries to telegraph lines, 925. 
 maps, sales of, 76. 
 military telegraphs, 923-925. 
 
 construction of, 924. 
 
 injuries to, 925. 
 
 revenue from, 923. 
 
 supervision of, 71, 923, 924. 
 money and property, division of, 921. note, 
 organization, 914, 915. 
 property, returns of, 921, 922. 
 telegraph lines, control of, 923-925. 
 
 construction of, 71. 
 Weather Bureau, 917, 918. 
 Signaling. (See Signal Department.) 
 Silver Coin: 
 
 when a tender, 193. 
 
 Sites for Buildings. (See Public Lands.) 
 Small Arms : 
 
 system adopted, 906-911. 
 Smithsonian Institution : 
 official correspondence, 267. 
 transportation for, 551. 
 Sleeping on Post, 39 A. W. 
 Soldiers (see Enlisted Men) : 
 deceased, 1069, 1070. 
 commended for civil employment, 85. 
 orphans of, preference to, 86, 93. 
 preference to, in ci%-il service, 93, 94. 
 widows of, preference to, 86, 93. 
 Soldiers' Home: 
 accounts, adjustment of, 1736. 
 admission to, 1720-1723. 
 Articles of War, application of, 1728, note, 
 benefits, who are entitled, 1720-1726. 
 board of commissioners, 1714, 1717, 1718. 
 borrowing money prohibited, 1732. 
 buildings and grounds, 1734. 
 clerical force, extra, for adjustment of accounts, 
 
 1736. 
 
 commissioners, 1714, 1717, 1718. 
 contracts, 1733, note, 
 custodianship of funds, 1731, 1733. 
 deduction from pay of enlisted men, 642, 1730. 
 deputy governor, 1715, 1716. 
 disbursements, 1731, 1733. 
 discharge of inmates, 1724. 
 discipline, 1728. 
 
 duties of commissioners, 1717, 1718. 
 duties of officers, 1715, 1716. 
 eligibility for admission, 1720-1723. 
 exclusion, causes of, 1723. 
 expenditures, regulation of, 1731-1733. 
 fines and forfeitures, 1729. 
 funds for support of, 1729, 1730. 
 funds- 
 borrowing, 1732. 
 
 custodianship, 1733. 
 
 deductions from pay of enlisted men, 1730. 
 
 deposits, 1731, 1733. 
 
 derivation, 1729-1730. 
 
 fines, 1729. 
 
 investment, 1731, 1733. 
 
INDEX. 
 
 847 
 
 Soldiers' Home Continued, 
 funds Continued, 
 stoppages, 1729. 
 Treasurer of United States to receive, 1731, 
 
 1733. 
 
 governor, 1715, 1716, 1732, 1734. 
 inspection by Inspector-General, 1719. 
 investment of funds, 1731. 
 liquor, restriction on sale of, 1735. 
 members, who may become, 1720-1723. 
 officers, 1715, 1716. 
 out-door relief, 1725. 
 pensions to inmates, 1722, 1726. 
 allotments, 1726. 
 disposition at death, 1726. 
 payments to inmates, 1726. 
 surrender, 1722. 
 
 permanent appropriation for, 180. 
 purchase of grounds, restriction, 1734. 
 regulations for, to be prescribed by commission- 
 ers, 1718. 
 
 relief, out-door, 1725. 
 securities not to be pledged, 1732. 
 support, 1729-1733. 
 treasurer, 1715, 1716, 1729-1734. 
 Treasurer of United States, custodian of funds, 
 
 1731, 1733. 
 
 Soliciting Political Contributions Prohibited, 98. 
 Solicitor-General (see Department of Justice) : 
 
 duties, 270, 276. 
 Sons of the American He volution: 
 
 badge of, 1010. 
 
 Southern Pacific Railway, 1561. 
 South Mountain : 
 
 marking lines, etc., 1829. 
 Special Agents : 
 bonds of, 227. 
 
 Speeches, Reproachful, Provoking, etc., 25 A. W. 
 Spies, p. 757. 
 
 Staff (see Staf Departments) : 
 appointments in, how made, 456. 
 assignments to command, 449. 
 bonds, 466-475, 515. 
 examination, 515. 
 ' renewal, 515. 
 command in, 450, 451. 
 department commanders, 452, note, 
 engineers, command of, 449. 
 examination for promotion, 458-462. 
 general officers, 441, 442. 
 lieutenant-general, 441. 
 major-general, 442. 
 medical officers, command of, 451. 
 pay officers, command of, 451. 
 promotion, 457, 458. 
 regimental, 1071, 1075, 1079. 
 StafT Departments: 
 
 absence of chief, duty how performed, 465. 
 appointees from army, examination, 459. 
 
 civil life, 460, 461. 
 appointments, 456. 
 boards of examination, 459-462. 
 bonds, 466-475, 515. 
 by whom given, 466. 
 examination of, 515. 
 renewal, 515. 
 
 Staff Departments Continued. 
 
 examination for promotion, 459. 
 failure to pass, 459. 
 mental, 459-462. 
 physical, 459. 
 retirement on failure to pass, 459, 460. 
 
 examining boards, 459-462. 
 
 mental examinations, 458-462. 
 
 physical examination, 459. 
 
 promotions, how made, 457, 458. 
 
 retirement on failure to pass physical examina- 
 tion, 459. 
 
 rule of promotion, 457, 458. 
 
 sureties, 466-475, 515. 
 
 transfers from line, 463. 
 
 transfers to, 463. 
 
 vacancies, how filled. 456. 
 
 waiver of board of civil appointees, 461. 
 State Homes. (See National Home, etc.) 
 States: 
 
 ammunition, issues to, 1290, 1291. 
 
 arms to, distribution, 1279-1282, 1290, 1291. 
 
 assent of, to purchases of lands, 1206. 
 
 insurrection against, 1501, 1503. 
 
 laws, records, etc., as evidence, 1354, 1355. 
 
 military histories to be furnished, 929. 
 
 militia, 1238-1291. 
 
 of seaboard States, cannon for, 1285. 
 Statutes. (See Revised Statutes and Statutes at 
 
 Large.) 
 Statutes at Large (see Revised Statutes) : 
 
 accountability for, 120. 
 
 distribution, 426. 
 
 evidence of laws, 428. 
 
 preparation, 424, 427. 
 
 preservation of, 120. 
 
 printing, 425. 
 Statutes of Limitation : 
 
 desertion, 1066, 1336, 1337, 103 A. W. 
 Stoppages of Pay (see Accounts) : 
 
 clothing, 564. 
 
 deficiencies, 636. 
 
 final settlements, 636. 
 
 indebtedness to United States, 636, 837. 
 
 pay of officers, 636, 637. 
 
 rempval of, 636. 
 
 Secretary of War, power of, 636, 637. 
 
 subsistence, 658-660. 
 Stores : 
 
 accountability, 1230-1233. 
 
 captured, 1228. 
 
 damage to, 1234, 1235. 
 
 sales, disposition of proceeds, 490-494, 1236. 
 Straw : 
 
 allowance, 559, note. 
 
 Striking Superior Officer, etc., 21 A. W. 
 Subsistence Department (see Staff Departments). 
 
 acting commissaries, pay, 608. 
 
 advertising, 1151, 1154-1157, 1165, 1166, 1175. 
 
 appointments, 456. 
 
 appropriations available for purchases of stores 
 for sale, 594. 
 
 assistant commissaries-general, 575. 
 
 civilian employees, 579, note. 
 
 claims for subsistence stores, 165. 
 
848 
 
 INDEX. 
 
 Subsistence Department Continued, 
 clerical force, 64. 
 coffee, extract of, 585. 
 commissaries, captains, 575. 
 
 majors, 575. 
 
 Commissary-General of Subsistence- 
 appointed from corps, 455. 
 
 rank, 575. 
 
 sergeants, 579. 
 
 commutation, rates of, 595, note, 
 contracts, 1165, 1166, 1175. 
 cooking, 596. 
 
 deputy commissaries-general, 575. 
 duties, 575, note ; 576. 
 emergency ration, 580, note, 
 examinations for promotion, 458-461. 
 extra issues, 580, note. 
 Indians, issues to, 1441. 
 inspection of purchases, 1175. 
 issues, 580-584, 586. 
 
 emergency, 580, note. 
 
 extra, 580, note. 
 
 Indians, 1441. 
 
 marines, 578. 
 
 Navy, 578. 
 
 marines, supplies to, 578. 
 naval force, supplies to, 578> 
 officers, 575. 
 
 not to engage in purchase or sale of com- 
 ponents of ration, 577. 
 organization, 575. 
 proceeds of sales, 592-594. 
 procurement of supplies, 587, 591, 593, 594, 1151, 
 
 1165, 1166, 1175. 
 promotions, 457-461. 
 purchases, 57C, 587, 591, 593, 594, 3165. 
 ration, 580, 581. 
 
 components of, 580, 581. 
 sales, 587, 588, 589, 590, 591, 592, 593. 
 
 cash, 587-588. 
 
 cost price to be charged, 588-591. 
 
 credit, 587-590. 
 
 stores for, 587-591. 
 
 to enlisted men, 587-591. 
 
 to officers, 587-589, 591-594. 
 supplies, 1151, 1165, 1166, 1175. 
 
 prescribed by Secretary of "War, 69. . 
 tobacco, 590. 
 travel ration, 580, note. 
 Salts: 
 
 to recover money, 497. 
 
 Summary Courts (see Courts Martial), 1329-1334. 
 Supernumerary Officers: 
 
 discharge of, pay, 991. 
 Supreme Court: 
 
 jurisdiction in habeas corpus, 282. 
 Sureties (see Bonds and Disbursing Officers) : 
 deficiency of principal, notification to, 476. 
 examination of bonds, 515. 
 inspection of, 515. 
 liability, 187. 
 notice to principal, 187. 
 priority of, 186. 
 release of, 188, 477. 
 renewal of bonds, 515. 
 statutes, failure to comply with, penalty, 475. 
 
 Sureties (see Bonds and Surety Companies) : 
 
 examination of bonds every two years, 515. 
 
 release of sureties, 187, 188, 477. 
 
 renewal of bonds every four years, 515. 
 
 reports, 471. 
 
 Surety Companies (see Bonds, Sureties, and Dis- 
 bursing Officers) : 
 
 agents, where to reside, 468. 
 
 Attorney-General, supervisory powers, 467-471. 
 
 authority to act, 467, 470. 
 
 bonds, giveu by, 467-475. 
 
 charter, copy in Attorney-General's office, 469. 
 
 courts, jurisdiction over, 472. 
 
 estopped from denying power, 474. 
 Surgeon-General (see Medical Department) : 
 
 appointed from corps, 455. 
 
 artificial limbs, 680-687. 
 
 gratuitous issues of clothing, 565. 
 
 rank, 662. 
 
 special duties, 670, 671. 
 
 trusses, 688-690. 
 
 Surgeons (see Medical Department), 662. 
 Supplies (see Contracts and Purchases and Staff 
 Departments) : 
 
 contracts for, 1151, 1160, 1179. 
 
 marking, 1178. 
 
 medical, 694. 
 
 ordnance, 872. 
 
 Pacific Coast, productions of, 1158. 
 
 procurement of, 539-543, 1145-1198. 
 
 purchases regulated by Secretary of "War, 69. 
 1145. 
 
 quartermasters', 539-543. 
 
 safe keeping, 69. 
 
 schools, 549, 1173. 
 
 subsistence, 576, 587, 591. 
 Surrender: 
 
 compelling, 43 A. W. 
 Suspension of Intercourse : 
 
 captures, 1522-1524. 
 
 clearance of vessels 
 bond, 1534. 
 refusal of, 1533. 
 
 condemned vessels, lien on, 1535. 
 
 confiscation of property, aiding in insurrection 
 1521. 
 
 duties, collection of, 1527, 1530. 
 
 extent of suspension, 1516, 1517. 
 
 frauds, 1520. 
 
 goods to aid insurrection, 1525. 
 
 investigations, 1520. 
 
 licenses to trade, 1517. 
 
 loyal States, 1515. 
 
 officers to enforce rules, 1518. 
 
 ports of entry, 1527-1530. 
 
 President may declare, 1514. 
 
 property captured, disposition of, 1522-1524. 
 
 revenue cutters, 1531. 
 
 trade in captured property forbidden, 1526. 
 
 trading without licenses, 1519. 
 
 vessels, forfeiture of, 1532. 
 Suspension of Pay, 101 A. W. 
 Tactical Organizations, 452. 
 Teachers: 
 
 school, 555, 558. 
 
 pay, 555, 558. 
 
INDEX. 
 
 849 
 
 Telegraphs (see Signal Department) : 
 
 charges for services, 923. 
 
 construction, 913, 923-925. 
 
 control, 913, 923. 
 
 delaying communications, penalty, 925. 
 
 department commanders to supervise construc- 
 tion, 924. 
 
 expenses of operation, 923. 
 
 interference with, or injury to, penalty, 925. 
 
 maintenance, 923. 
 
 material, injury to, penalty, 925. 
 
 obstructions to, 925. 
 
 obstructions to operation, 925. 
 
 operation, 913, 924. 
 
 receipts to be covered into Treasury 923. 
 
 repairs, 913, 923. 
 
 supervision, 913, 924. 
 
 telephones, 813. 
 
 Telephones. (See Telegraphs.) 
 Term of Enlistment, 1018. 
 Tender : 
 
 debts due by, or to, the United States, 194. 
 
 gold coin, 193. 
 
 national-bank notes, 194. 
 
 silver coin, 193. 
 
 Treasury notes, 195. 
 Territorial Commands, 452, note. 
 Territorial Departments, 452, note. 
 Territorial Divisions, 452, note. 
 Territorial Homes for Disabled Volunteers (see 
 
 National Home), 1763-1765. 
 Territorial Militia, 1289. 
 Territorial Office, 986. 
 Territories : 
 
 arms and ammunition, issues to, 1290, 1291. 
 
 duties of Secretary of Interior, 374. 
 
 militia, 1289. 
 Testing Machine : 
 
 American Society of Civil Engineers, pro- 
 gramme of, 895. 
 
 direction, 892, 893. 
 
 expense of tests, 894, 895. 
 
 management, 892-895. 
 
 payments for tests, 894, 895. 
 
 programme of tests, 895. 
 
 tests of materials. 894, 895. 
 Tests of Ordnance (877-880, 881, 882, 885, 886-890) : 
 
 rifled cannon, 890. 
 
 small arms, 909-911. 
 Texas: 
 
 Indians not to be permitted to visit, 1487. 
 Thanksgiving Day (see Holidays) : 
 
 how designated, 35. 
 Torch Lake, Mich. : 
 
 exemption from operation of act of September 
 
 19, 1890, 825. 
 Trade : 
 
 contracts in restraint of, 1557. 
 Traders. (See Post Traders.) 
 Transcripts from Books, etc., of Treasury (1349, 
 1350) : 
 
 military records of States 929. 
 Transfers: 
 
 of enlisted men, 1030. 
 
 of funds in depositories, 250, 251, 486. 
 
 of officers, 697, 939, 952. 
 
 to staff, 463, 464. 
 
 1919 54 
 
 Transportation (see Quartermaster's Department) : 
 
 artificial limbs, 686, 687. 
 
 bond-aided railroads, 552. 
 
 contracts for, 546, 547. 
 
 controlled by Secretary of "War, 70, 544. 
 
 exchanges, 1174. 
 
 land-grant railroads, 552. 
 
 officers, 545. 
 
 procurement of, 544-552. 
 
 remains of deceased officers, 993, note. 
 
 soldiers, 1070, note. 
 Travel Allowances (see Pay Department) : 
 
 discharged officers, 635. 
 soldiers, 653. 
 
 expert accountant, 634. 
 
 mileage, 630-635. 
 
 militia in active service, 1266. 
 
 officers, 630-635. 
 
 orders requiring, contents, 630, 632. 
 
 paid by Pay Department, 633. 
 
 paymasters' clerks, 634. 
 Travel Ration, 580, note. 
 Treason : 
 
 criminal correspondence, 1590. 
 
 definition, 1586. _ 
 
 enlisting to serve against United States, 1593. 
 
 insurrection, inciting or engaging in, 1589. 
 
 misprision of, 1588. 
 
 punishment, 1587. 
 
 recruiting soldiers to serve against United 
 States, 1592. 
 
 seditious conspiracy, 1591. 
 Treasurer of the United States : 
 
 cover in of funds, 220. 
 
 Debris Commission of California, funds of, 791. 
 
 deposits, 228. 
 
 duties, 217. 
 
 failure to keep moneys, 500. 
 
 funds, transfers of, 250. 
 
 lost checks, 514. 
 
 office, 216. 
 
 reports, 221. 
 
 salary, 216. 
 Treasury Department: 
 
 accounting, 130-162. 
 
 accounting officers, 134-165. 
 
 accounts and accounting, 130-165. 
 
 Appropriation Division, 147. 
 
 appropriations, 176-182. 
 
 Assistant Comptroller, 134. 
 
 auditors, 138-165. 
 
 Bookkeeping Division, 147. 
 
 certification of records, 150. 
 
 claims, 130, 196-215. 
 quartermaster stores, 164, 165. 
 subsistence, etc., 165. 
 
 Comptroller, 134-137. 
 
 cover in of funds, 220. 
 
 debts due to or by the United States, 184-192. 
 
 deposits, 228. 
 
 distress warrants, 235-242. 
 
 Estimate Division, 147. 
 
 estimates, 48-49, 166-174. 
 
 fiscal year, 131. 
 
 funds subject to draft of Treasurer, 251. 
 
 lost checks, 514. 
 
850 
 
 INDEX. 
 
 Treasury Department Continued. 
 
 notes of, as tender, 195. 
 
 records, certification of, 150. 
 preservation, 144. 
 
 requisitions upon, 8, 146. 
 
 Solicitor, records of office as evidence, 1348. 
 
 transcripts from books as evidence, 1349. 
 
 transfers of funds, 250. 
 
 Treasurer, 216-222. 
 
 Warrant Division, 147. 
 
 warrants, 146. 
 Treasury Notes (see Tender) : 
 
 tender, 195. 
 Treaties: 
 
 convention with Mexico p. 776. 
 
 Geneva convention, p. 759. 
 Trespassers: 
 
 removal of, from public lands, 1555. 
 Tribunals, Military. (See Courts- Martial.) 
 Troops (see Unlisted Men) : 
 
 allowance of quarters, 571, note. 
 
 brigades, 452. 
 
 command, 443-451. 
 
 divisions, 452. 
 
 elections, interference with, prohibited, 1551. 
 protection of, 1551-1552. 
 
 employment of, 1501-1585. 
 
 engineer battalion, 701-706. 
 
 extradition, support of, 1574-1576. 
 
 guano islands, 1577-1585. 
 
 Indian reservations, removal of intruders, 1508- 
 1513. 
 
 insurrection, 1501-1504. 
 
 mails, prevention of obstructions to, 1556. 
 
 militia, 1505-1507. 
 
 national military parks for maneuvers of, 1781, 
 1782. 
 
 neutrality, enforcement of, 1563-1573. 
 
 obstructing mails, prevention of, 1556. 
 
 Pacific railways, 1558-1561. 
 
 pay, 638-660. 
 
 payments, 606, 607. 
 check, 607. 
 once in two months, 606. 
 
 posse comitatus act, 1562. 
 
 public health, 1553. 
 
 rations, 580-586. 
 
 restrictions on use of, 1562. 
 
 returns, 519, note. 
 
 subject to Articles of War, p. 704 ; 2, 63 A. W. 
 
 tactical organizations, 452. 
 
 trade, contracts in restraint of, 1557. 
 
 trespassers, removal of. 
 Indian reservations, 1508-1513. 
 public lands, 1554-1555. 
 
 use of, 1562, note. 
 
 restrictions on, 1562. 
 Trumpeters. (See Unlisted Men.) 
 Trusses (see Medical Department) : 
 
 allowance, 688. 
 
 applications, 689. 
 
 distribution, 688. 
 
 examinations, 689. 
 
 purchase, 690. 
 
 Tucker Act (see Gourt of Claims), 339-353. 
 Twice in Jeopardy, 102 A. W. 
 
 Uniform: 
 
 brevet rank, not to be worn, 1002. 
 corps badges, 1009. 
 decorations, 1005, 1006. 
 prescribed by President, 562. 
 Regular Army and Navy Union, badge of, lull, 
 sale, loaning, etc., forbidden, 574. 
 society badges, 1010. 
 Sons of Revolution, badge of, 1010. 
 volunteer rank, when worn, 1004. 
 Union Pacific Railroad, 1559. 
 United States (see Court of Claims) : 
 claims against, 130. 
 laws of. (See Revised Statutes.) 
 testing machine, 892-895. 
 United States Army (436-442) : 
 
 composition, 436. 
 Unlimited Retired List, 967. 
 Veterinary Surgeons, 1071. 
 Victuals, etc. : 
 commanders not to be interested in sale of, 18 
 
 A.W. 
 Violence to Persons Bringing Provisions, 56 
 
 A.W. 
 
 Voluntary Services : 
 prohibition of, 1150. 
 when accepted, 1150. 
 Volunteer Rank of Officers to Appear in Army 
 
 Register, 434. 
 Volunteers : 
 
 claims for drilling, organizing, etc., 201. 
 pay and allowances, 661. 
 
 uniform of highest rank in, when worn, 1004. 
 Vouchers (see Accounts) : 
 
 payments less than face of, penalty, 498. 
 Wagoners (see Unlisted Men) : 
 artillery, 1076. 
 cavalry, 1072. 
 infantry, 1079. 
 
 Waiting Orders (see Leaves of Absence), 950. 
 War : 
 amelioration of the condition of the wounded 
 
 (see Geneva Convention), pp. 759-775. 
 definition, p. 783. 
 deserters, p. 787. 
 enemies, p. 783. 
 flags of truce, pp. 793, 794. 
 martial law, pp. 780-782. 
 methods of, pp. 787-793. 
 persons, protection of, pp. 786-787. 
 prisoners of, pp. 786-790. 
 property, pp. 784-786. 
 siege operations, pp. 782, 783. 
 Washington Aqueduct (see Engineer Department 
 
 and Chief Engineer) : 
 appropriations, 734. 
 Chief of Engineers- 
 appeals from decisions, 743. 
 compensation, limitation on, 739. 
 decisions, 743. 
 duties, 732-737, 739-743. 
 
 obeys orders and regulations of President, 733. 
 opening of mains, supervision of, 735. 
 plans, maps, etc., 741. 
 powers, 742. 
 
INDEX. 
 
 851 
 
 Washington Aqueduct Continued. 
 -Chief of Engineers Continued. 
 
 records, 741. 
 
 superintendence, 732. 
 District of Columbia Commissioners, 731. 
 expenditures, 734. 
 
 supervision of, by Secretary of War, 733, 734. 
 injuries to pipes, fixtures, etc., penalty, 736. 
 lands, control of, 746. 
 mains, opening of, 735. 
 making water impure, penalty, 737. 
 offices, etc., 740. 
 pipes, opening or tapping, 735. 
 plans, records, etc., 741. 
 public buildings, flow of water, 744. 
 
 pipes and mains for, 738. 
 records, 741. 
 reports, 718. 
 
 superintendence, 732, 742, 743. 
 Washington's Birthday. (See Holidays.) 
 War Department (see Executive Departments and 
 
 Secretary of War) : 
 accounts, where audited, 139. 
 appointments in, to be apportioned, 88. 
 appropriations, 77, 176-183. 
 
 how drawn, 175, 480. 
 Assistant Secretary. 63. 
 Attorney-General, opinions of, 273, 274. 
 building, distribution of space, 82. 
 chief clerk, 8, 15-18, 34, 65. 
 
 duties, 8, 15, 16, 34, 65. 
 
 office, 65. 
 
 salary, 64. 
 civil- service law, 83-103. 
 
 regulations, 88, note ; p. 45, note, 
 claims, 38-44. 
 clerical force, 20-24, 64. 
 
 civil-service rules, 83-103 
 
 classification, 20-24. 
 
 employment of services, 27-31, 83-103. 
 
 hours of labor, 19. 
 
 leaves of absence, 19. 
 
 salary, 25. 
 
 sick leaves, 19. 
 
 contributions forbidden, 88, 97-101. 
 disbursing clerk, 18. 
 
 bond, 18. 
 
 duties, 18. 
 
 salary, 64. 
 
 disposition of useless papers, 82, note, 
 employment of services, 83-103. 
 establishment, 62. 
 estimates, 48, 49, 54, 55, 166-174. 
 history of Department, 62, note, 
 naval oificers, detail in, 371. 
 oaths of office, 33-34, 104-106. 
 probation of employees, 88. 
 regulations, 6. 
 reports, 48-51, 77-81. 
 
 War Department Continued. 
 
 requisitions for funds, 175, 480. 
 
 Secretary of War, 62, 63, 66-73, 75-82. 
 Warrants : 
 
 distress, 235-248. 
 
 Division of, 147. 
 
 signed by Secretary of Treasury, 146. 
 
 War Department, how drawn, 175, 480. 
 Waste of Property, etc., 55 A. W. 
 Wasting Ammunition, 16 A. W. 
 Watchword : 
 
 disclosing, etc., 44 A. W. 
 Waters. (See Navigable Waters of the United 
 
 States.) 
 Watertown Arsenal : 
 
 testing machine, 892-895. 
 Wine: 
 
 sale of, at posts, 1225. 
 
 Witnesses (see Evidence and Courts-Martial), 1345- 
 1356: 
 
 accused as, 1346. 
 
 attachment, 1311, note. 
 
 attendance, 1311, note. 
 
 before military courts, 1345. 1346. 
 
 claim cases, 38-41. 
 fees, 39. 
 
 penalty for refusing to appear, 40. 
 subpoanas in, 38. 
 
 competency, 1345, note. 
 
 compulsory powers, 1311, note. 
 
 defense, summons of, 1311, note. 
 
 fees, 1345, note. 
 
 service of summons, 1311, note. 
 
 subpoenas, 1311, note. 
 
 summons, 1311, note. 
 Women, Employment of (see Employes*) -. 
 
 compensation, 26. 
 
 copyists, 26. 
 
 duties, 24. 
 
 salary, 22, 25. 
 
 Working Parties. (See Extra Duty.) 
 Workmen at Armories, etc., 896-898, 902, 903. 
 Wrongs (see Redress of Wrongs) -. 
 
 to officers, redress of, 29 A. W. 
 
 to soldiers, redress of, 30 A. W. 
 Yellowstone National Park: 
 
 animals, etc., protection of, 1834-1844. 
 
 birds, etc., protection of, 1834-1844. 
 
 bridges, roads, etc., 1849-1855. 
 
 commissioner, 1854-1855. 
 
 control, 1831. 
 
 employees, 1845, 1854, 1855. 
 
 establishment, 1830. 
 
 jurisdiction, 1832, 1833, 1834-1844. 
 
 leases, 1846, 1847. 
 
 limits, 1830, 1833. 
 
 roads, repairs, etc., 1849-1855. 
 
 superintendent, 1845. 
 
 supervision, 1831, 1848. 
 
 troops for police purdoses, 1848. 
 
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