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3 March 1863.

Punishment of time of war.

to commit murder, robbery, arson, burglary, rape, assault and battery with an intent to commit rape, and larceny, shall be punishable by the sentence of a general court certain crimes in martial or military commission, when committed by persons who are in the military service of the United States, and subject to the articles of war; and the punishment for such offences shall never be less than those inflicted by the laws of the state, territory or district in which they may have been committed.

Ibid. 38.

100. All persons who, in time of war or of rebellion against the supreme authority of the United States, shall be found lurking or acting as spies in or about any of the spies in time of fortifications, posts, quarters or encampments of any of the armies of the United

Punishment of

rebellion.

3 Mar. 1863 25. 12 Stat. 754.

States, or elsewhere, shall be triable by a general court martial or military commission, and shall, upon conviction, suffer death.

101. Every judge advocate of a court martial or court of inquiry hereafter to be constituted, shall have power to issue the like process to compel witnesses to appear Power to compel and testify, which courts of criminal jurisdiction within the state, territory or district where such military courts shall be ordered to sit, may lawfully issue.

attendance of

witnesses.

20 June 1864 2 5. 13 Stat. 145.

tary justice es

tablished.

102. There shall be attached to, and made a part of, the war department, [during the continuance of the present rebellion,] a bureau, to be known as the bureau of Bureau of mili- military justice,(a) to which shall be returned for revision the records and proceedings of all the courts martial, courts of inquiry, and military commissions of the armies of the United States, and in which a record shall be kept of all proceedings had thereupon. 103. The said judge-advocate general and his assistant shall receive, revise and have recorded the proceedings of the courts martial, courts of inquiry and military commissions of the armies of the United States, and perform such other duties as have heretofore been performed by the judge-advocate general of the armies of the United States.

Ibid. 6.

Judge-advocate general and assistant.

Ibid. 27.

2 July 1864 3 1.

13 Stat. 356.

Power of com

manding officers to carry sen

104. The secretary of war shall have power to appoint for said bureau one fourthclass, one third-class, one second-class and two first-class clerks.

105. The provisions of the 21st section of an act entitled "An act for enrolling and calling out the national forces, and for other purposes," approved 3d March 1863,(b) shall apply as well to the sentences of military commissions as to those of courts martial, and hereafter the commanding general in the field, or the commander of the tences into effect. department, as the case may be, shall have power to carry into execution all sentences against guerrilla marauders, for robbery, arson, burglary, rape, assault with intent to commit rape, and for violation of the laws and customs of war, as well as sentences against spies, mutineers, deserters and murderers.

Ibid. 2.

sentences of courts martial.

106. Every officer authorized to order a general court martial shall have power to Power to remit pardon or mitigate any punishment ordered by such court, iucluding that of confinement in the penitentiary, except the sentence of death, or of cashiering or dismissing an officer, which sentences it shall be competent, during the continuance of the present rebellion, for the general commanding the army in the field, or the department commander, as the case may be, to remit or mitigate; and the fifth section of the act approved July 17th 1862, chapter 201, (c) be, and the same is hereby repealed, so far as it relates to sentences of imprisonment in the penitentiary.

3 Mar. 1865 12. 13 Stat. 489.

by the president may demand a trial by court martial.

107. In case any officer of the military or naval service, who may be hereafter dismissed by authority of the president, shall make an application in writing for a trial, Officers dismissed setting forth under oath that he has been wrongfully and unjustly dismissed, the president shall, as soon as the necessities of the public service may permit, convene a court martial to try such officer on the charges on which he was dismissed. And if such court martial shall not award dismissal or death as the punishment of such officer, the order of dismissal shall be void. And if the court martial aforesaid shall not be convened for the trial of such officer within six months from the presentation of his application for trial, the sentence of dismissal shall be void.

13 July 1866 2 5. 14 Stat. 92.

3 March 1859 1. 11 Stat. 432.

21 June 1860 24. 12 Stat. 68.

(a) See supra 10.

(b) Supra 95

(c) Supra 93.

108. No officer in the military 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.

XI. PAY AND SUBSISTENCE. (d)

109. Mileage shall not be allowed, when the officer has been transferred or relieved at his own request.

110. The allowance of sugar and coffee to the non-commissioned officers, musicians and privates of the army, as fixed by the 17th section of the act of the 5th of July

(d) See act 20 June 1864, 13 Stat. 145, increasing the pay of

non-commissioned officers and privates, during the war of the rebellion. The resolution 6 April 1869 continues this until the 30 June 1870. 16 Stat. 52.

1838, (a) shall hereafter be ten pounds of coffee and fifteen pounds of sugar for every 21 June 1860. one hundred rations.

12 Stat. 290.

111. That so much of the 6th section of the act of August 23d 1842, (b) as allows 3 Aug. 1861 19. additional or double rations to the commandant of each permanent or fixed post garrisoned with troops, be and the same is hereby repealed.

Ibid. 20.

112. Officers of the army, when absent from their appropriate duties for a period exceeding six months, either with or without leave, shall not receive the allowances officers absent authorized by the existing laws for servants, forage, transportation of baggage, fuel not to receive and quarters, either in kind or in commutation.

allowances.

12 Stat. 510.

sugar and coffee

113. That the secretary of war be authorized to commute the army ration of coffee 5 July 1862 2 10. and sugar, for the extract of coffee, combined with milk and sugar; to be procured in the same manner and under like restrictions and guarantees as preserved meats, Commutation of pickles, butter and desiccated vegetables are procured for the navy, (c) if he shall ration." believe it will be conducive to the health and comfort of the army, and not more expensive to the government than the present ration, and if it shall be acceptable to the men.

12 Stat. 594.

drawn in kind.

114. Officers of the army entitled to forage for horses shall not be allowed to com- 17 July 1862 1. mute it, but may draw forage in kind for each horse actually kept by them, when and at the place where they are on duty, not exceeding the number authorized by law: Forage to be Provided, however, That when forage in kind cannot be furnished by the proper department, then, and in all such cases, officers entitled to forage may commute the same according to existing regulations: And provided further, That officers of the Emoluments of army, and of volunteers, assigned to duty which requires them to be mounted, shall, during the time they are employed on such duty, receive the pay, emoluments and allowances of cavalry officers of the same grade respectively.

mounted officers.

Ibid. 2.

115. Major-generals shall be entitled to draw forage in kind for five horses; brigadier-generals for four horses; colonels, lieutenant-colonels and majors for two horses Forage of mounteach; captains and lieutenants of cavalry and artillery, or having the cavalry allow- ed officers. ance, for two horses each; and chaplains for one horse only.

116. Whenever an officer of the army shall employ a soldier as his servant, he shall, for each and every month during which said soldier shall be so employed, deduct from his own monthly pay the full amount paid to or expended by the government per month on account of said soldier; and every officer of the army who shall fail to make such deduction shall, on conviction thereof before a general court martial, be cashiered. (d)

Ibid. 3.

Pay, &c., of sol-
diers employed
as servants to be

credited on pay

rolls.

Ibid. 27.

117. In lieu of the present rate of mileage allowed to officers of the army when travelling on public duty, where transportation in kind is not furnished to them by officers' mileage. the government, not more than six cents per mile shall hereafter be allowed, unless where an officer is ordered from a station east of the Rocky Mountains to one west of the same mountains, or vice versa, when ten cents per mile shall be allowed to him; and no officer of the army or navy of the United States shall be paid mileage except for travel actually performed at his own expense, and in obedience to orders.

12 Stat. 736.

cers on leave.

118. Any officer absent from duty with leave, except for sickness or wounds, shall, 3 Mar. 1863 ? 31. during his absence, receive half of the pay and allowances prescribed by law, and no more; and any officer absent without leave shall, in addition to the penalties pre- Pay, &c., of offiscribed by law or a court martial, forfeit all pay or allowances during such absence. (e) 119. The army ration shall hereafter include pepper, in the proportion of four 3 Mar. 1863 ? 11. ounces to every hundred rations.

12 Stat. 744.

120. The annual pay of cadets at the military academy at West Point shall be the 1 April 1864 ? 3. same as that allowed to midshipmen at the naval academy.

13 Stat. 39.

13 Stat. 127.

officers' servants

121. If any officer in the regular or volunteer forces shall employ a soldier as a ser- 15 June 1864 § 1. vant, such officer shall not be entitled to any pay or allowances for a servant or servants, but shall be subject to the deduction from his pay required by the 3d section Allowance for of the act entitled "An act to define the pay and emoluments of certain officers of the regulated. army, and for other purposes," approved July 17th 1862: (g) And provided further, That the section of the act entitled "An act giving further compensation to the captains. and subalterns of the army of the United States in certain cases," allowing ten dollars additional per month to any officer in actual command of a company, as compensation for his duties and responsibilities with respect to the clothing, arms and accoutrements of the company, shall be construed to apply only to company officers in actual command as aforesaid. (h)

(a) 1 vol. 86, pl. 310.

(b) 1 vol. 87, pl. 313.
(c) See tit. "Navy," 146.

(d) See infra 121, 125

(e) See infra 123.

(g) Supra 116; and see infra 125.
(h) 1 vol. 86, pl. 306.

20 June 1864 82. 13 Stat. 144. Army ration.

Ibid. 11.

Pay of officers on leave.

4 July 1864. 13 Stat. 416.

3 March 1865

13 Stat. 487.

Officers' servants.

Ibid. 10.

What officers to

ble rations.

1.

122. The army ration shall hereafter be the same as provided by law and regulations on the first day of July 1861: Provided, That the ration of pepper prescribed in the 11th section of the "Act to promote the efficiency of the corps of engineers and of the ordnance department, and for other purposes," approved March 3d 1863, shall continue to be furnished as heretofore; but nothing contained in this act shall be construed to alter the commutation value of rations as regulated by existing laws.

123. That the 31st section of an act entitled "An act for enrolling and calling out the national forces, and for other purposes," approved March 3d 1863, be and the same is hereby so amended, as that an officer may have, when allowed by order of his proper commander, leave of absence for other cause than sickness or wounds, without deduction from his pay or allowances: Provided, That the aggregate of such absence shall not exceed thirty days in any one year. (a)

124. Hospital matrons shall be entitled to and shall receive ten dollars per month and one ration.

125. The measure of allowance for pay for an officer's servant is the pay of a private soldier as fixed by law at the time; ( ; (b) no non-commissioned officer shall be detailed or employed to act as a servant, nor shall any private soldier be so detailed or employed except with his own consent; for each soldier employed as a servant by any officer there shall be deducted from the monthly pay of such officer the full monthly pay and allowances of the soldier so employed; and including any soldier or soldiers so employed, no officer shall be allowed for any greater number of servants than is now provided by law, nor be allowed for any servant not actually and in fact in his employ.

126. The true construction of the 6th section of the "Act respecting the organization of the army, and for other purposes," approved August 23d 1842, (c) and of all laws be allowed dou- relating in any way to the allowance of double rations to officers, authorizes such allowance to the following officers, and to no others whatever: to the general-in-chief commanding the armies of the United States; to each general officer commanding in chief a separate army actually in the field; to each general officer commanding a geographical division embracing one or more military departments; and to each officer commanding a military geographical department; and any general order or regulation or usage allowing double rations to a chief of staff, or any other officer than those above mentioned, is illegal and void.

13 July 1866 14 Stat. 93.

7.

127. When it is necessary to employ soldiers as artificers or laborers in the construction of permanent military works, public roads, or other constant labor of not less than ten days' duration in any case, they shall receive in addition to their regular ficers or laborers. pay, the following additional compensation therefor: enlisted men, working as arti

Pay of soldiers employed as arti

Ibid. 28.

12 Feb. 1867 1. 14 Stat. 393.

2 March 1867 1. 14 Stat. 422.

Ibid. 9.

What officers to receive addi

tional rations.

12 Stat. 743.

ficers, and non-commissioned officers employed as overseers of such work, not exceeding one overseer for every twenty men, thirty-five cents per day, and enlisted men employed as laborers twenty cents per day; but such working parties shall only be authorized on the written order of a commanding officer. This allowance of extra pay is not to apply to the troops of the engineer and ordnance departments.

128. The allowance now made by law to officers travelling under orders, where transportation is not furnished in kind, shall be increased to ten cents per mile.

129. The pay and allowances of the quartermaster-sergeant of the battalion of engineers of the army of the United States shall be the same as those allowed by law to the sergeant-major of that battalion.

130. The pay and emoluments of all field and other mounted officers shall hereafter be the same as is now provided by law for cavalry officers of like grades.

131. That section fifteen of the "Act to increase the present military establishment of the United States, and for other purposes," approved July 5th 1838, (d) be amended so that general officers shall not hereafter be excluded from receiving the additional ration for every five years' service; and it is hereby further provided, that officers on the retired list of the army shall have the same allowance of additional rations for every five years' service as officers in active service.

XII. COMPENSATION FOR PROPERTY DESTROYED.

3 March 1863 5. 132. That section two of the act approved March 3d 1849,(e) entitled “An act to provide for the payment of horses and other property lost or destroyed in the military service of the United States," shall be construed to include the steamboats and other vessels, and "railroad engines and cars," in the property to be allowed and paid for when destroyed or lost under the circumstances provided for in said act.

Act of 1849 to include steamboats and locomotives.

(a) See supra 119; and see resolution of 2 July 1864, as to the

professors of the military academy. 13 Stat. 416.

(b) This means the time the allowance is to be made. Gilmore

v. United States, 2 N. & H. 364.

(c) 1 vol. 88, pl. 313.
(d) 1 vol. 86, pl. 308.
(e) 1 vol. 88, pl. 325.

13 Stat. 182.

133. The act to which this is an amendment shall, from the commencement of the 25 June 1864 ₫ 1 present rebellion, extend to and embrace all cases of the loss of horses by any officer, non-commissioned officer or private in the military service of the United States, while Compensation for property lost in the line of their duty in such service, by capture by the enemy, whenever it shall by capture. appear that such officer, non-commissioned officer or private was or shall be ordered by his superior officer to surrender to the enemy, and such capture was or shall be made in pursuance of such surrender.

14 Stat. 327.

auditor.

134. That section four of the act entitled "An act to provide for the payment of 28 July 1866 8. horses and other property lost or destroyed in the service of the United States," approved March 3, 1849, (a) be amended by striking out all after the enacting clause, Duties of the and in lieu thereof inserting the words: "That the said auditor shall, in all cases, transmit his adjustment, with all the papers relating thereto, to the second comptroller, for his revision and decision thereon, the same in all respects as is provided in the act of the 2d of September 1789."(b)

XIII. RETIRED LIST.

12 Stat. 289.

135. Any commissioned officer of the army, or of the marine corps, who shall have 3 Aug. 1861 2 15. served as such for forty consecutive years, may, upon his own application to the president of the United States, be placed upon the list of retired officers, with the pay and emoluments allowed by this act.

Ibid. 16.

on the retired

ances.

number.

Ibid. 17.

136. If any commissioned officer of the army, or of the marine corps, shall have become, or shall hereafter become, incapable of performing the duties of his office, he what officers shall be placed upon the retired list and withdrawn from active service and command may be placed and from the line of promotion, with the following pay and emoluments, namely: the list. pay proper of the highest rank held by him at the time of his retirement, whether by Pay and allowstaff or regimental commission, and four rations per day, and without any other pay, emoluments or allowances; and the next officer in rank shall be promoted to the place of the retired officer, according to the established rules of the service. And the same rule of promotion shall be applied successively to the vacancies consequent upon the retirement of an officer: Provided, That should the brevet lieutenant-general be retired under this act, it shall be without reduction in his current pay, subsistence or allowances: And provided further, That there shall not be on the retired list, at any one time, Limitation of more than seven per centum of the whole number of officers of the army, as fixed by law. 137. In order to carry out the provisions of this act, the secretary of war, or secretary of the navy, as the case may be, under the direction and approval of the president of Board for examthe United States, shall, from time to time, as occasion may require, assemble a board ination of disaof not more than nine, nor less than five, commissioned officers, two-fifths of whom shall bled officers. be of the medical staff; the board, except those taken from the medical staff, to be composed, as far as may be, of his seniors in rank, to determine the facts as to the nature and occasion of the disability of such officers as appear disabled to perform such military service, such board being hereby invested with the powers of a court of inquiry and court martial, and their decision shall be subject to like revision as that of such courts by the president of the United States. The board, whenever it finds an Report. officer incapacitated for active service, will report whether, in its judgment, the said incapacity result from long and faithful service, from wounds or injury received in the line of duty, from sickness or exposure therein, or from any other incident of service. If so, and the president approve such judgment, the disabled officer shall thereupon be placed upon the list of retired officers, according to the provisions of this act. If otherwise, and if the president concur in opinion with the board, the officer shall be retired as above, either with his pay proper alone, or with his service rations alone, at the discretion of the president, or he shall be wholly retired from the service, with one year's pay and allowances; and in this last case his name shall be thenceforward omitted from the army register, or navy register, as the case may be: Provided always, That the Members to be members of the board shall in every case be sworn to an honest and impartial discharge of their duties, and that no officer of the army shall be retired, either partially or Hearing. wholly, from the service without having had a fair and full hearing before the board, if, upon due summons, he shall demand it.

sworn.

138. The officers partially retired shall be entitled to wear the uniform of their Ibid. 18. respective grades, shall continue to be borne upon the army register, or navy register, Rights and duas the case may be, and shall be subject to the rules and articles of war, and to trial ties of retired by general court martial for any breach of the said articles.

officers.

139. Retired officers of the army, navy and marine corps may be assigned to such Ibid. 25. duties as the president may deem them capable of performing, and such as the exigencies of the public service may require.

(b) 1 vol. 89, pl. 327.

(c) See Bogert v. United States, 2 N. & II. 159. s. c. 3 N. & II. 18.

17 July 1862 12. 12 Stat. 596.

Certain officers

may be retired

on full pay.

28 July 1866 32. 14 Stat. 337.

3 Mar. 1863 23. 12 Stat. 735.

Clothing, arms,
&c., in possession
of others than
soldiers may be
seized.

Ibid. 24.

140. Whenever the name of any officer of the army or marine corps, now in the service, or who may hereafter be in the service of the United States, shall have been borne on the army register, or naval register, as the case may be, forty-five years, or he shall be of the age of sixty-two years, it shall be in the discretion of the president to retire him from active service and direct his name to be entered on the retired list of officers of the grade to which he belonged at the time of such retirement; and the president is hereby authorized to assign any officer retired under this section, or the act of August 3d 1861, to any appropriate duty; and such officer thus assigned shall receive the full pay and emoluments of his grade while so assigned and employed.

141. Officers of the regular army, entitled to be retired on account of disability occasioned by wounds received in battle, may be retired upon the full rank of the command held by them, whether in the regular or volunteer service at the time such wounds were received.

XIV. GENERAL PROVISIONS.

142. The clothes, arms, military outfits and accoutrements furnished by the United States to any soldier, shall not be sold, bartered, exchanged, pledged, loaned or given away; and no person, not a soldier or duly authorized officer of the United States, who has possession of any such clothes, arms, military outfits or accoutrements, furnished as aforesaid, 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 may be 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; and the possession of any such clothes, arms, military outfits or accoutrements, by any person not a soldier or officer of the United States, shall be primâ facie evidence of such a sale, barter, exchange, pledge, loan or gift, as aforesaid. 143. Every person not subject to the rules and articles of war who shall procure or Penalty for entic- entice, or attempt to procure or entice, a soldier in the service of the United States to desert; (a) or who shall harbor, conceal or give employment to a deserter, or carry him away, or aid in carrying him away, knowing him to be such; or who shall purchase from any soldier his arms, equipments, ammunition, uniform, clothing or any part thereof; (b) and any captain or commanding officer of any ship or vessel, or any superintendent or conductor of any railroad, or any other public conveyance, carrying away any such soldier, as one of his crew or otherwise, knowing him to have deserted, or shall refuse to deliver him up to the orders of his commanding officer, shall, upon legal conviction, be fined, at the discretion of any court having cognisance of the same, in any sum not exceeding five hundred dollars, and he shall be imprisoned not exceeding two years nor less than six months.

ing soldiers to desert.

For purchasing

arms, &c.

For receiving de

serters on board of ship, &c.

Ibid. 32. Furloughs.

Ibid. 35.

Details for special service.

25 June 1864 2 1. 13 Stat. 181.

&c.

144. The commanders of regiments and of batteries in the field are hereby authorized and empowered to grant furloughs, for a period not exceeding thirty days at any one time, to five per centum of the non-commissioned officers and privates, for good conduct in the line of duty, and subject to the approval of the commander of the forces of which such non-commissioned officers and privates form a part.

145. Details to special service shall only be made with the consent of the commanding officer of forces in the field; and enlisted men, now or hereafter detailed to special service, shall not receive any extra pay for such services beyond that allowed to other enlisted men.

146. Every quartermaster and assistant quartermaster, and every commissary and assistant commissary of subsistence, and every paymaster and additional paymaster Examination of shall, as soon as practicable, be ordered to appear for examination as to his qualificaquartermasters, tions before a board to be composed of three staff officers of the corps to which he belongs, of recognised merit and fitness, of whom two at least shall be officers of volunteers, which board shall make a careful examination as to the qualifications of all officers who may appear before them in pursuance of this act, and shall also keep minutes, and make a full and true record of the examination in each case. And all members of such boards of examination shall, before proceeding to the discharge of their duties as herein provided, swear or affirm that they will conduct all examinations with impartiality, and with a sole view to the qualifications of the person or persons to be examined, and that they will not divulge the vote of any member upon the examination of any officer who may appear before them.

(a) Where the prisoner, in order to induce one II. to enlist, made representations to him as to the means and facilities of deserting, and after he had enlisted received the whole of his bounty-money, and at the times when he made such representations and received the money, he believed they would be likely to cause H. to desert, and they did cause him to desert, the prisoner may be deemed to have procured or enticed him to desert,

within the meaning of the statute. It is not necessary, in order to warrant a conviction, that the prisoner should have wished or intended that H. should desert. United States v. Clark, 2 Spr. 55.

(b) To bring the offence within the act, the soldier must have been in the lawful possession of the arms purchased; if the arms were stolen, the case is not within the act. United States v. Brown, 1 Mas. 151.

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