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any other purpose. It shall be the duty of the officers of the ambulance corps to report 11 March 1864. to the commander of the army corps any violation of the provisions of this section or any attempt to violate the same. And any officer who shall use an ambulance or require it to be used for any other purpose than as provided in this section, shall, for the first offence, be publicly reprimanded by the commander of the army corps in which he may be serving, and for the second offence shall be dismissed from the service.
54. No person except the proper medical officers, or the officers, non-commissioned officers and privates of the ambulance corps, or such persons as may be specially Detail for taking assigned by competent military authority to duty with the ambulance corps for the wounded soldiers occasion, shall be permitted to take or accompany sick or wounded men to the rear, either on the march or upon the field of battle.
to the rear.
55. The officers, non-commissioned officers and privates of the ambulance corps shall be designated by such uniform, or in such manner, as the secretary of war shall deem Uniform of amproper: Provided, That officers and men may be relieved from service in said corps and others detailed to the same, subject to the examination provided in the second section of this act, in the discretion of the commanders of the armies in which they may be serving.
57. Nothing in this act shall be construed to diminish or impair the rightful authority of the commanders of armies, army corps, or separate detachments, over the medical and other officers, and the non-commissioned officers and privates of their respective commands.
56. It shall be the duty of the commander of the army corps to transmit to the adjutant-general the names and rank of all officers and enlisted men detailed for ser- Roll to be sent to vice in the ambulance corps of such army corps, stating the organization from which adjutant-general. they may have been so detailed; and if such officers and men belong to volunteer organizations, the adjutant-general shall thereupon notify the governors of the several states in which such organizations were raised, of their detail for such service; and it Report of conduct, &c. shall be the duty of the commander of the army corps to report to the adjutant-general, from time to time the conduct and behavior of the officers and enlisted men of the ambulance corps, and the adjutant-general shall forward copies of such reports, so far as they relate to officers and enlisted men of volunteer organizations, to the governors of the states in which such organizations were raised.
Authority of commanding offi
cers not to be inpaired.
VII. CHAPLAINS. 58. One chaplain shall be allowed to each regiment of the army, to be selected and 3 Aug. 1861 27. appointed as the president may direct.
12 Stat. 28.
59. The president of the United States is hereby authorized to appoint, if he shall deem it necessary, a chaplain for each permanent hospital, whose pay, with that of chaplains of hospitals heretofore appointed by him, shall be the same as that of regimental chaplains in the volunteer force, and who shall be subject to such rules in relation to leave of absence from duty as are prescribed for commissioned officers of the army.
(b) Supra 59.
20 May 1862 § 2.
12 Stat. 404.
12 Stat. 595.
60. No person shall be appointed a chaplain in the United States army who is not a 17 July 1862 3 8. regularly ordained minister of some religious denomination, and who does not present testimonials of his present good standing as such minister, with a recommendation for Qualifications of his appointment as an army chaplain from some authorized ecclesiastical body, or not less than five accredited ministers belonging to said religious denomination.(a)
61. The compensation of all chaplains in the regular or volunteer service or army hospitals shall be one hundred dollars per month, and two rations a day when on duty; Compensation. and the chaplains of the permanent hospitals, appointed under the authority of the second section of the act approved May 20th 1862, (b) shall be nominated to the senate for its advice and consent, and they shall, in all respects, fill the requirements of the preceding section of this act relative to the appointment of chaplains in the army and volunteers; and the appointments of chaplains to army hospitals, heretofore made by the president, are hereby confirmed; and it is hereby made the duty of each officer com- Inquiry into manding a district or post containing hospitals, or a brigade of troops, within thirty chaplains. qualification of days after the reception of the order promulgating this act, to inquire into the fitness, efficiency and qualifications of the chaplains of hospitals or regiments, and to muster oat of service such chaplains as were not appointed in conformity with the requirements of this act, and who have not faithfully discharged the duties of chaplains during the time they have been engaged as such. Chaplains employed at the military Residence at posts called "chaplains' posts" shall be required to reside at the posts, and all chap- posts. lains in the United States service shall be subject to such rules in relation to leave of absence from duty as are prescribed for commissioned officers of the United States army stationed at such posts.
(a) A negro may be appointed chaplain in the army. 11 Opin. 37.
13 Stat. 46.
9 April 1864 31. 62. The rank of chaplain, without command, in the regular and volunteer service of the United States, is hereby recognised. Chaplains shall be borne on the field and staff Rank and allow rolls next after the surgeons, and shall wear such uniform as is or may be prescribed
by the army regulations, and shall be subject to the same rules and regulations as other officers of the army. They shall be entitled to draw forage for two horses, and when assigned to hospitals, posts and forts, they shall be entitled to quarters and fuel within the hospitals, posts or forts, while they are so assigned, without the privilege of commutation, subject to the same conditions and limitations as are now by law provided in the case of surgeons. When absent from duty with leave, or on account of sickness or other disability, or when held by the enemy as prisoners, they shall be subject to no other diminution or loss of pay and allowances than other officers in the military service are, under like circumstances. And chaplains who have been absent from duty, by reason of wounds or sickness, or when held as prisoners in the hands of the enemy, shall be entitled to receive full pay, without rations, during such absence. In all other respects the pay of chaplains shall be the same as now provided by law.
63. The act approved July 14th 1862, (a) entitled "An act to grant pensions," is hereby so amended as to include chaplains in the regular and volunteer forces of the army: Provided, That the pension to which a chaplain shall be entitled for a total disability shall be twenty dollars per month: and all the provisions of the act to which this section is an amendment, shall apply to and embrace the widows, children, mothers and sisters of chaplains of the land forces who have died since the 4th day of March 1861, or shall die of wounds or disease contracted in the service of the United States, and while such chaplains are or shall be in the line of their duty.
64. It shall be the duty of chaplains in the military service of the United States to make monthly reports to the adjutant-general of the army, through the usual military channels, of the moral condition and general history of the regiments, hospitals or posts to which they may be attached; and it shall be the duty of all commanders of regiments, hospitals and posts to render such facilities as will aid in the discharge of the duties assigned to them by the government.
Tbid. & 2.
Ibid. 23. Monthly reports.
Ibid. 4. Religious services.
28 July 1866 3 30. 14 Stat. 337. Chaplains for colored troops.
2 March 1867 27. 14 Stat. 423. To be commissioned.
Rank, tenure, pensions, &c.
3 March 1863 1. 12 Stat. 758. President may confer brevet rank for distinguished services.
3 March 1865 29. 13 Stat. 488.
1 March 1869 1. 15 Stat. 281.
65. All chaplains in the military service of the United States shall hold appropriate religious services at the burial of soldiers who may die in the command to which they are assigned to duty; and it shall be their duty to hold public religious services at least once each Sabbath when practicable.
66. Nothing herein contained shall be construed as affecting existing laws respecting the rank, pay, and allowances of chaplains of the army, but the same shall remain as now established by the act entitled "An act to amend section nine of the act approved July 17, 1862, entitled 'An act to define the pay and emoluments of certain officers of the army, and for other purposes,"" approved April 9, 1864. One chaplain may be appointed by the president, by and with the advice and consent of the senate, for each regiment of colored troops, whose duty shall include the instruction of the enlisted men in the common English branches of education; and chaplains, when ordered from one field of duty to another, shall be entitled to transportation at the same rate as other officers.
67. The post chaplains now in service, or hereafter to be appointed, shall be commissioned by the president; and all vacancies occurring in the grade of chaplain, which is hereby established to rank as captain of infantry, shall be filled by the president, by and with the advice and consent of the senate; and all army chaplains shall hereafter be on the same footing as to tenure of office, retirement, allowances for service and pensions, as now provided by law for other officers of the army.
VIII. BREVET RANK.
68. That the president of the United States be and he hereby is authorized, by and with the advice and consent of the senate, to confer brevet rank upon such commissioned officers of the volunteer and other forces in the United States service as have been, or may hereafter be distinguished by gallant actions or meritorious conduct; which rank shall not entitle them to any increase of pay or emoluments.(b)
69. Officers by brevet in the regular army shall receive the same pay and allowance as brevet officers of the same grade or rank in the volunteer service and no more.
70. That the 61st article of "An act for establishing rules and articles for the government of the armies of the United States," approved April the 10th 1806 be and is hereby repealed.
(a) Tit. "Pensions," 7.
(b) Where a brevet commission is conferred to take effect from
a prior date, the pay and emoluments of the rank conferred, fol
low as an incident from such date, whenever the party has rendered services according to that rank. United States v. Vinton, 2 Sumn. 299. But see infra 71-2.
71. Commissions by brevet shall only be conferred in time of war, and for distin- 1 March 1869 ₹ 2. guished conduct and public service in presence of the enemy. And all brevet commis- when brevet sions shall bear date from the particular action or service for which the officer was commissions brevetted.
may be conferred.
15 Stat. 318.
72. Brevet rank shall not entitle an officer to precedence or command, except by 3 March 1869 7. special assignment of the president; but such assignment shall not entitle any officer to additional pay or allowances.
2 Stat. 134.
Age and size.
73. The non-commissioned officers who shall be employed in the recruiting service 16 Mar. 1802 2 11. to keep up, by voluntary enlistment, the corps aforesaid, shall be entitled to receive for every effective able-bodied citizen of the United States, (a) who shall be duly enlisted Who may be enby him, for the term of five years, and mustered, of at least five feet six inches high,(b) and between the ages of eighteen and thirty-five years, the sum of two dollars; (c) Provided nevertheless, That this regulation, so far as respects the height and age of the recruit, shall not extend to musicians, or to those soldiers who may re-enlist into the service: And provided also, That no person under the age of twenty-one years shall be Minors not to be enlisted by any officer, or held in the service of the United States, without the consent consent of pa of his parent, (d) guardian or master, (e) first had and obtained,(g) if any he have. rents, &c. And if any officer shall enlist any person contrary to the true intent and meaning of Penalty for so this act, for every such offence he shall forfeit and pay the amount of the bounty and clothing which the person so recruited may have received from the public, to be deducted out of the pay and emoluments of such officer.(h)
74. It shall be lawful for any commissioned officer of the army to administer the 12 June 1858 3 prescribed oath of enlistment to recruits: Provided, The services of a civil magistrate authorized to administer the same cannot be obtained.(i)
11 Stat. 336. Oath to recruits.
12 Stat. 288.
75. That the three months' extra pay allowed by the 29th section of the act of the 3 Aug. 1861 29. 5th of July 1838, (k) for re-enlistments under certain conditions, the bounty granted by the 3d section of the act of the 17th of June 1850, (7) for enlistments at remote and distant stations, [and the premium now paid for bringing accepted recruits to the rendezvous,] be and they are hereby abolished.
76. In all cases of enlistment and re-enlistment in the military service of the United States the prescribed oath of allegiance may be administered by any commissioned officer of the army.
(a) The enlistment of an alien is binding. United States v. Wyngall, 6 Law Rep. 164. Contrà, Ross's Case, 1 N. Y. Leg. Obs. 3-40.
13 Feb. 1862 ? 2.
77. That the 5th section of the act of 28th September 1850, (m) providing for the discharge from the service of minors enlisted without the consent of their parents or guardians, be and the same hereby is repealed :(n) Provided, That hereafter no person under the age of eighteen shall be mustered into the United States service, (o) and the years of age oath of enlistment taken by the recruit shall be conclusive as to his age. (p)
12 Stat. 339. Enlistment of minors over 18
78. That so much of the 9th section of the act approved August 3d 1861, entitled "An act providing] for the better organization of the military establishment,” as abolishes the premium paid for bringing accepted recruits to the rendezvous, be and the same is hereby repealed, and hereafter a premium of two dollars shall be paid to any citizen, non-commissioned officer or soldier for such accepted recruit for the regular army he may bring to the rendezvous.
(b) See 1 vol. 73, pl. 170.
(c) See 1 vol. 73, pl. 168, and infra 78.
(d) A mother is a parent within the act. Commonwealth v. Callan, 6 Binn. 255. Shorner's Case, 1 Car. L. Rep. 55.
(e) If an apprentice enlist in the army, the courts will not, upon a habeas corpus issued at the relation of the master, remand the apprentice to his custody, if he be unwilling to return, but will leave the master to his suit against the officer. The habeas corpus act is intended to secure personal liberty, not to decide disputes about property. Commonwealth v. Robinson, 1 S. & R. 353. Commonwealth v. Harris, 7 Penn. L. J. 283. See Lewis's Case, 2 Car. L. Rep. 47.
(g) A consent in writing, after the enlistment, will render it valid. Commonwealth v. Camac, 1 S. & R. 87.
Certain bounties abolished.
for re enlistments
(h) Re-enacted by act 12 April 1808, 5, 2 Stat. 483; and act March 1815, 7, 3 Stat. 225. The act of 1802 is retained in the digest, inasmuch as there exists a great conflict of judicial opinion as to whether or not it is still in force: on the one hand, it is held, that the act is still in force, and that the state courts have jurisdiction, on habeas corpus. to discharge one enlisted contrary to its provisions. Wilson's Case, 18 Leg. Int. 316. Dobbs's Case, 9 Am. L. R. 565. United States v. Wright, 5 Phila. 296. Commonwealth v. Fox, 7 Penn. St. 336. Commonwealth v. Carter, 20 Leg Int. 21. Henderson's Case, 5 Phila. 299. Barlow's Case, 8 West. L. J. 567. Commonwealth v. Biddle, 6 Penn. L. J. 287. 10 Opin. 146. Whilst on the other hand, it is held. that the act of 1802 is no longer in force, and that the age at which recruits may be enlisted, without the consent of parents or guardians, is that fixed by the act of 1814, to wit: from 18 to 45.
Who may admin
21 June 1862 ? 1.
12 Stat. 620.
Riley's Case, 1 Ben. 408. Follis's Case, 19 Leg. Int. 276. Conley's
(i) Where the oath is taken before a military officer. the presumption is, that the services of a civil magistrate could not be obtained; the burden of proving the contrary is on the party objecting. Cline's Case, 1 Ben. 338.
(k) 5 Stat. 260. See 1 vol. 73, note e.
(7) 1 vol. 73, pl. 171.
(n) See Follis's Case, 19 Leg. Int. 276. Conley's Case, 24 Leg. Int. 21.
(2) A minor under eighteen cannot be enlisted and held in the military service, even with the consent of his parents. Burke's Case, Dist. Court, Phila., 21 August 1863, Cadwalader, J. Riley's Case, 1 Ben. 408. But the contract of enlistment of a minor is voidable only, not void. Dew's Case, 25 Law Rep. 538. A pri soner of war paroled by the enemy, is not entitled to his discharge, though a minor, until exchanged. Henderson's Case. 5 Phila. 299. Nor will the courts discharge one in the custody of the provost-marshal, on a charge of desertion. Shirk's Case, 5 Phila. 333. In Riley's Case, it is held, that the power of discharging minors from the army, is excl in the secretary of war, and that the courts have no jurisdiction. 1 Ben. 408. See Ferrand v. Fowler, 2 Am. L. T. Rep. 4. But see Commonwealth v. Selfridge, 25 Leg. Int. 221.
(p) The oath of enlistment is conclusive both upon the recruit, and upon the courts. United States v. Taylor, 20 Leg. Int. 284. Jordan's Case, 11 Am. L. R. 749. Conley's Case, 24 Leg. Int 21. Cline's Case, 1 Ben. 338. Stokes's Case, Ibid. 341. Riley's Case, Ibid. 408. Contra. Webb's Case, 10 Pitts. L. J. 106. It may be shown, that the oath was read and explained to the recruit. Stokes's Case, 1 Ben. 341.
3 Mar. 1865 18. 13 Stat. 490.
79. Any officer who shall muster into the military or naval service of the United States any deserter from said service, or insane person, or person in a condition of Penalty for us intoxication, or any minor between the ages of sixteen and eighteen years, without the
tering in desert
ers, minors, &c.
28 July 1866
80. All enlistments into the army shall hereafter be for the term of five years [for cavalry, and three years for artillery and infantry], and recruits may, at all times, be collected at the general rendezvous, in addition to the number required to fill to the minimum all the regiments of the army; provided that such recruits shall not exceed Certain partially in the aggregate three thousand men. It shall be competent to enlist men for the
may be enlisted.
service who have been wounded in the line of their duty while serving in the army of the United States, provided it shall be found, on medical inspection, that by such wounds they are not unfitted for efficiency in garrison or other light duty; and such men, when enlisted, shall be assigned to service exclusively in the regiments of the veteran reserve corps.
81. The term of enlistment shall be five years.
14 Stat. 333.
Rendezvous for recruits.
3 Mar. 1869 34. 15 Stat. 318.
5 Aug. 1861 2. 12 Stat. 316.
Ibid. 3. 24 Dec. 1861 1. 12 Stat. 330.
Who may ap point general courts martial in time of war. Their powers.
13 Feb. 1862 4. 12 Stat. 339. Punishment of spies.
Ibid. 25. Forcing a safeguard.
13 Mar. 1862 2 1. 12 Stat. 354.
16 July 1862
consent of his parents or guardian, or any minor under the age of sixteen years, knowing him to be such, shall, upon conviction by any court martial, be dishonorably dismissed the service of the United States.
87. The following shall be promulgated as an additional article of war, for the government of the army of the United States, and shall be obeyed and observed as such-All officers or persons in the military or naval service of the United States are prohibited from employing any of the forces under their respective commands for military officers. the purpose of returning fugitives from service or labor, who may have escaped from
Fugitives from labor not to be returned by
any persons to whom such service or labor is claimed to be due; and any officer who shall be found guilty, by a court martial, of violating this article, shall be dismissed from the service.
When prisoners to imprisonment
may be sentenced
in the penitentiary.
X. ARTICLES of war.
82. Any commissioned officer of the army, navy or marine corps who, having tendered his resignation, shall, prior to due notice of the acceptance of the same by the proper authority, and without leave, quit his post or proper duties with the intent to remain permanently absent therefrom, shall be registered as a deserter and punished as such.
Ibid. 2. Others to be discharged.
83. Flogging as a punishment in the army is hereby abolished.
84. In time of war, the commander of a division or separate brigade may appoint general courts martial, and confirm, execute, pardon and mitigate their sentences, as allowed and restrained in the 65th and 89th articles of war to commanders of armies and departments: Provided, That sentences of such courts extending to loss of life, or dismission of a commissioned officer, shall require the confirmation of the general commanding the army in the field to which the division or brigade belongs: And provided further, That when the division or brigade commander shall be the accuser or prosecutor, the court shall be appointed by the next higher commander.
85. The second section of the act of the 10th of April 1806(a) shall be and the same is hereby so amended as to read as follows:-" In time of war or rebellion against the supreme authority of the United States, all persons who shall be found lurking as spies, or acting as such, in or about the fortifications, encampments, posts, quarters or headquarters of the armies of the United States, or any of them, within any part of the United States which has been or may be declared to be in a state of insurrection, by proclamation of the president of the United States, shall suffer death, by sentence of a general court martial."
86. That the 55th article of the first section of act of 10th April 1806, chapter 20,(b) be and the same is hereby so amended as to read as follows:-ART. LV. Whoever belonging to the armies of the United States in foreign parts, or at any place within the United States or their territories, during rebellion against the supreme authority of the United States, shall force a safeguard, shall suffer death.
88. No person in the military service of the United States, convicted and sentenced by a court martial, shall be punished by confinement in the penitentiary of the District of Columbia, unless the offence of which such person may be convicted would, by some statute of the United States, or at common law, as the same exists in the said district, subject such convict to said punishment.
89. All such persons in the military service as aforesaid, who have heretofore been, or may hereafter be convicted and sentenced by a court martial for any offence which, if tried before the criminal court of said district, would not subject such person to imprisonment in said penitentiary, and who are now or may hereafter be confined therein, shall be discharged from said imprisonment upon such terms and conditions of (b) 1 vol. 78, pl. 228.
(a) 1 vol. 83, pl. 275.
further punishment as the president of the United States may, in his discretion, impose 16 July 1862. as a commutation of said sentence.
90. Upon the application of any citizen of the United States, supported by his oath, Ibid. § 3. alleging that a person or persons in the military service, as aforesaid, are confined in Mode of dissaid penitentiary, under the sentence of a court martial, for any offence not punishable charge. by imprisonment in the penitentiary by the authority of the criminal court aforesaid, it shall be the duty of the judge of said court, or, in case of his absence or inability, of one of the judges of the circuit court of said district, if, upon an inspection of the record of proceedings of said court martial, he shall find the facts to be as alleged in said application, immediately to issue the writ of habeas corpus to bring before him the said convict; and if, upon an investigation of the case, it shall be the opinion of such judge that the case of such convict is within the provisions of the previous sections of this act, he shall order such convict to be confined in the common jail of said district, until the decision of the president of the United States, as to the commutation aforesaid, shall be filed in said court, and then such convict shall be disposed of and suffer such punishment as by said commutation of his said sentence may be imposed.
91. No person convicted upon the decision of a court martial shall be confined in any penitentiary of the United States, except under the conditions of this act.
12 Stat. 595.
92. Whenever an officer shall be put under arrest, except at remote military posts or 17 July 1862 & 11. stations, it shall be the duty of the officer by whose orders he is arrested, to see that a copy of the charges on which he has been arrested and is to be tried, shall be served Arrest and trial upon him within eight days thereafter, and that he shall be 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 the said ten days, or the arrest shall cease: Provided, That if the copy of the charges be not served upon the arrested officer as herein provided, the arrest shall cease; but officers released from arrest under the provisions of this section may be tried whenever the exigencies of the service will permit, within twelve months after such release from arrest.
93. No sentence of death [or imprisonment in the penitentiary] shall be carried into 17 July 1862 ₫ 5. execution, until the same shall have been approved by the president. (a)
12 Stat. 598.
94. All offenders in the army charged with offences now punishable by a regimental or garrison court martial, shall be brought before a field officer of his regiment, who When field offshall be detailed for that purpose, and who shall hear and determine the offence, and cers may punish. order the punishment that shall be inflicted; and shall also make a record of his proceedings, and submit the same to the brigade commander, who, upon the approval of the proceedings of such field officer, shall order the same to be executed: Provided, That the punishment, in such cases, be limited to that authorized to be inflicted by a regimental or garrison court martial: And provided further, That, in the event of there being no brigade commander, the proceedings as aforesaid shall be submitted for approval to the commanding officer of the post.
12 Stat. 735.
95. That so much of the fifth section of the act approved 17th July 1862, entitled 3 Mar. 1863 ₫ 21. "An act to amend an act calling forth the militia to execute the laws of the Union," and so forth, as requires the approval of the president to carry into execution the sentence of a court martial, be and the same is hereby repealed, as far as relates to carrying into execution the sentence of any court martial against any person convicted as a spy or deserter, or of mutiny or murder; and hereafter sentences in punishment of these offences may be carried into execution upon the approval of the commanding general in the field.
tences of spies
Approval of senand deserters.
96. Depositions of witnesses residing beyond the limits of the state, territory or district in which military courts shall be ordered to sit, may be taken, in cases not capital, When deposiby either party, and read in evidence; provided the same shall be taken upon reasonable notice to the opposite party, and duly authenticated.
tions may be read
97. The judge advocate shall have power to appoint a reporter, whose duty it shall
99. In time of war, insurrection or rebellion, murder, assault and battery with an intent to kill, manslaughter, mayhem, wounding by shooting or stabbing with an intent
(a) See infra 95, 105, 106.
98. The court shall, for reasonable cause, grant a continuance to either party for Ibid. 29. such time, and as often, as shall appear to be just: Provided, That if the prisoner be in Continuances close confinement, the trial shall not be delayed for a period longer than sixty days.