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3 March 1863.
time of war.
12 Stat. 754.
attendance of witnesses.
13 Stat. 145.
13 Stat. 356.
Power of com
to carry sen.
to commit murder, robbery, arson, burglary, rape, assault and battery with an intent Punishment of 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. 238. 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
States, or elsewhere, shall be triable by a general court martial or military commission,
and shall, upon conviction, suffer death. 3 Mar. 1863 2 25. 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. 20 June 1864 2 6. 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. Ibid. 6.
103. The said judge-advocate general and his assistant shall receive, revise and have Judge-advocate
recorded the proceedings of the courts martial, courts of inquiry and military comgeneral and as missions 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. 87. 104. The secretary of war shall have power to appoint for said bureau one fourth
class, one third-class, one second-class and two first-class clerks. 2 July 1814 21. 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,(6)
shall apply as well to the sentences of military commissions as to those of courts marmanding officers
tial, 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 2. 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 confine
ment in the penitentiary, except the sentence of death, or of cashiering or dismissing courts martial.
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. 107. In case any officer of the military or naval service, who may be hereafter dis
missed 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 presiby the president
dent shall, as soon as the necessities of the public service may permit, convene a court martial.
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 appli
cation for trial, the sentence of dismissal shall be void. 13 July 1866 2 5. 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) 3 March 1859 2 1. 109. Mileage shall not be allowed, when the officer has been transferred or relieved
at his own request. 21 June 1860 4.
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 (a) See supra 10.
13 Stat. 489.
may demand a trial by court
14 Stat. 92.
11 Stat. 432.
12 Stat. 68.
non-commissioned officers and privates, during the war of the b) Supra 95
rebellion. The rosolution 6 April 1869 continues this until the (C) Supra 93. (d) See act 20 June 1864, 13 Stat. 145, increasing the pay of
30 June 1870. 16 Stat. 52.
21 June 1860.
12 Stat. 290.
12 Stat. 510.
sugar and coffee ration.
12 Stat. 594.
drawu in kind.
1838,(a) shall hereafter be ten pounds of coffee and fifteen pounds of sugar for every one hundred rations.
111. That so much of the 6th section of the act of August 23d 1842,(6) as allows 3 Aug. 1861 a 19. additional or double rations to the commandant of each permanent or fixed post garrisoned with troops, be and the same is hereby repealed.
112. Officers of the army, when absent from their appropriate duties for a period Ibid. 3 20. 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.
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 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.
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.
115. Major-generals shall be entitled to draw forage in kind for five horses; briga- Ibid. & 2. dier-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, Ibid. & 3. for each and every month during which said soldier shall be so employed, deduct from Pay, &c., of solhis own monthly pay the full amount paid to or expended by the government per
diers employed month on account of said soldier; and every officer of the army who shall fail to credited on pay. make such deduction shall, on conviction thereof before a general court martial, be cashiered.(d)
117. In lieu of the present rate of mileage allowed to officers of the army when Ibid. 27. travelling on public duty, where transportation in kind is not furnished to them by oficere 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.
118. Any officer absent from duty with leave, except for sickness or wounds, shall, 3 Mar. 1863 2 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.
120. The annual pay of cadets at the military academy at West Point shall be the 1 April 1864 2 3. same as that allowed to midshipmen at the naval academy.
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 regulatod. army, and for other purposes," approved July 17th 1862: (9) 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.
as Servants to be
12 Stat. 730.
12 Stat. 744.
13 Stat. 39.
(e) See infra 123. 0 1 vol. 87, pl. 313.
(9) Supra 116; and see in fra 125. (c) See tit. “ Navy," 146.
(1) I vol. 86, pl. 306. (d) Soe infra 121, 125
13 Stat. 127.
officers' servants when destroyed or lost under the circumstances provided for in said act. (a) See supra 119; and see resolution of 2 July 1864, as to the
13 Stat. 416.
13 Stat. 487.
What officers to
20 June 1864 & 2. 122. The army ration shall hereafter be the same as provided by law and regula13 Stat. 144.
tions on the first day of July 1861: Provided, That the ration of pepper prescribed in Army ration.
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. Ibid. & 11. 123. That the 31st section of an act entitled “ An act for enrolling and calling out Pay of officers on
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) 4 July 1864. 124. Hospital matrons shall be entitled to and shall receive ten dollars per month
and one ration. 3 March 1865 1. 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 ;(6) 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 80 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. Ibid. ( 10. 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 allow
ance 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 men
tioned, is illegal and void. 13 July 1866 & 7. 127. When it is necessary to employ soldiers as artificers or laborers in the construc14 Stat. 93.
tion of permanent military works, public roads, or other constant labor of not less Pay of soldiers
than ten days' duration in any case, they shall receive in addition to their regular employed as artificers or laborers. pay, the following additional compensation therefor: enlisted men, working as arti
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. Ibid. 28. 128. The allowance now made by law to officers travelling under orders, where trans
portation is not furnished in kind, shall be increased to ten cents per mile. 12 Feb. 1867 1. 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. 2 March 1867 1. 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. Ibid. & 9.
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
14 Stat. 393.
14 Stat. 422.
What officers to receive addi tional rations.
12 Stat. 743.
(c) 1 vol. 88, pl. 313. professors of the military academy.
(d) 1 vol. 86, pl. 308. (b) This means the time the allowance is to be made. Gilmore
(€) 1 vol. 88, pl. 325. v. United States, 2 N. & H. 361.
Act of 1849 to include steamboats and locomotives.
1:3 Stat. 416.
13 Sut. 182.
14 Stat. 327.
12 Stat. 289.
133. The act to which this is an amendment shall, from the commencement of the 25 June 1974 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 in the line of their duty in such service, by capture by the enemy, whenever it shall by capture. appear that such oficer, 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.
134. That section four of the act entitled “ An act to provide for the payment of 28 July 1866 a 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. 135. Any commissioned officer of the army, or of the marine corps, who shall have 3 Aug. 1861 ? 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.
136. If any commissioned officer of the army, or of the marine corps, shall have Ibid. 216. 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 Ibid. & 17. of the navy, as the case may be, under the direction and approval of the president of the 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 rd, 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.
138. The officers partially retired shall be entitled to wear the uniform of their Ibid. 2 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.
139. Retired officers of the army, navy and marine corps may be assigned to such Ibid. 2 25. duties as the president may deem them capable of performing, and such as the exigencies of the public service may require. () 1 vol. 89, pl. 327.
(c) See Bogert v. United States, 2 N. & II. 159. 8. o. 3 N. & II. 18.
Board for exam
17 July 1862 2 12.
12 Stat. 590.
Certain officers may be retired on full pay.
14 Stat. 337.
12 Stat. 735.
of others than
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 paval 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. 28 July 1866 2 32. 141. Officers of the regular army, entitled to be retired on account of disability occa
sioned 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. 3 Mar. 1863 2 23. 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 Clothing, arms, 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 soldiers may be
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. Ibid. & 24. 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 ing soldiers to
desert; (a) or who shall harbor, conceal or give employment to a deserter, or carry him For purchasing
away, or aid in carrying him away, knowing him to be such; or who shall purchase
soldier his arms, equipments, ammunition, uniform, clothing or any part For receiving do thereof;(6) and any captain or commanding officer of any ship or vessel, or any super
intendent or conductor of any railroad, or any other public conveyance, carrying away of ship, &c.
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. Ibid. & 32. 144. The commanders of regiments and of batteries in the field are hereby authorized Furloughs. 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. Ibid. & 35. 145. Details to special service shall only be made with the consent of the command
ing 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. 25 June 1864 2 1. 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 qualifica
tions before a board to be composed of three staff officers of the corps to wbich 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.
serters on board
Details for spe cial service.
13 Stat, 181.
(a) Where the prisoner, in order to induce one l. to enlist, within the meaning of the statute. It is not necessary, in order mule representations to him as to the means and facilities of to warrant a conviction, that the prisoner should have wished or deserting, and after he had enlisted received the whole of his intended that H. should desert. United States v. Clark, 2 Spr. 55. bounty-noney, and at the times when he made such representa- (b) To bring the offence within the act, the soldier must have tions and received the money, he believed they would be likely been in the lawful possession of the army purchased; if the arms to cause H. to desert, and they did cause him to desert, the pri. were stolen, the case is not within the act. United States o. Boner may be deemed to have procured or enticed him to desert, Brown, 1 Mas. 151,