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147. Such boards of examination shall be convened under the direction of the secre- 25 June 1864 § 2. tary of war, by the quartermaster-general, the commissary-general of subsistence, and Boards of examithe paymaster-general, at convenient places; and general rules of examination and a standard of qualifications shall be prescribed by said officers, subject to the approval of the secretary of war, and shall be published in general orders.
148. After such general orders shall have been published for sixty days, if any officer who shall then be ordered before a board of examiners, under the provisions of this Penalty for neact, shall fail for thirty days, after receiving such special order, to report himself as glect to appear directed, all his pay and allowances shall cease and be forfeited until he does appear and report for examination; and if he shall still thereafter fail for a further period of thirty days so to appear, he shall thereupon be dropped from the rolls of the army: Provided, however, That if such failure to appear and report shall have been occasioned by wounds or sickness, or other physical disability, then there shall be no forfeiture of pay until thirty days after such disability has been removed; but if in sixty days after the disability is removed, the officer shall not report himself, he shall then be dropped from the rolls as in other cases.
149. If the board of examination shall report that any officer does not possess the requisite business qualifications, they shall forward the record of the examination of Officers failing to such officer to the head of the bureau to which he may belong, and if the head of such pass. bureau shall approve the finding and report of the board, he shall forward the same, through the secretary of war, to the president of the United States, and if the president shall confirm the same, the officer so failing in his examination shall, if commissioned, be dismissed from the service with one month's pay, and if not yet commissioned, his appointment shall be revoked. And if the board shall report that any officer fails to pass a satisfactory examination by reason of intemperance, gambling or other immorality, and if the head of the bureau shall approve the finding and report of the board, and the same being communicated, as before provided, to the president and confirmed by him, then such officer shall be dismissed from the service without pay, and shall not be permitted to re-enter the service as an officer: Provided, That such dismissal shall not relieve him from liability under existing laws for any offence he may have committed.
150. The boards of examination shall forward all their records of examination to the heads of the bureaus to which they appertain, and such records shall be filed in Records to be the proper bureaus with a suitable index; and any officer who may desire it shall be kept. entitled to receive a copy of the record in his own case, upon paying the cost of copy ing the same.
14 Stat. 336.
151. The adjutant-general, quartermaster-general, commissary-general of subsistence, 28 July 1866 23. surgeon-general, paymaster-general, chief of engineers, and chief of ordnance, shall hereafter be appointed by selection from the corps to which they belong; and no per- Appointment of son shall be appointed to any vacancy created by this act in the pay, medical or quarter- departments. master's departments, until he shall have passed the examination now required by law.
heads of staff
152. No persons shall be commissioned in any of the regiments authorized by this Ibid. & 24. act until they shall have passed a satisfactory examination before a board, to be com- Examination of posed of officers of that arm of the service in which the applicant is to serve, to be officers for apconvened under the direction of the secretary of war, which shall inquire into the services rendered during the war, capacity and qualifications of the applicants; and such appointments, when made, shall be without regard to previous rank, but with sole regard to qualifications and meritorious services; and persons applying for commis- Mileage. sions in any of the regiments authorized by this act shall be entitled, in case of passing the examination, and being appointed or commissioned, to receive mileage from the place of his residence to the place of examination, or such portion of that distance as he may actually travel, the same as is paid to officers travelling under orders, but there shall be paid no other compensation.
153. The office of sutler in the army and at military posts is hereby abolished; and the subsistence department is hereby authorized and required to furnish such Sutlers abolarticles as may from time to time be designated by the inspectors-general of the army, ished. the same to be sold to officers and enlisted men at cost prices, and if not paid for partment to furwhen purchased, a true account thereof shall be kept, and the amount due the govern- nish sutler's ment shall be deducted by the paymaster at the payment next following such purchase: Provided, That this section shall not go into effect until the first day of July 1867.(a)
154. For the purpose of promoting knowledge of military science among the young Ibid. 26. men of the United States, the president may, upon the application of an established officers may be college or university within the United States, with sufficient capacity to educate at one detailed to act as time not less than one hundred and fifty male students, detail an officer of the army leges.
professors in col
(a) See infra 158.
28 July 1866.
Ibid. 27. Schools for enlisted men.
Ibid. ? 28. No persons who were in the conto be appointed.
to act as president, superintendent or professor of such college or university; the number of officers so detailed shall not exceed twenty at any time, and shall be apportioned through the United States as nearly as practicable according to population, and shall be governed by general rules, to be prescribed from time to time by the president.
156. Nothing in this act shall be construed to authorize or permit the appointment to any position or office in the army of the United States of any person who has served in any capacity in the military, naval or civil service of the so-called Confederate States Or of either of the states in insurrection during the late rebellion; but any such appointment shall be illegal and void.
157. The headquarters of the general of the army of the United States shall be at the city of Washington, and all orders and instructions relating to military operations issued by the president or secretary of war shall be issued through the general of the army, and, in case of his inability, through the next in rank. The general of the army shall not be removed, suspended or relieved from command, or assigned to duty elsewhere than at said headquarters, except at his own request, without the previous approval of the senate; and any orders or instructions relating to military operations issued contrary to the requirements of this section shall be null and void; and any officer who shall issue orders or instructions contrary to the provisions of this section Penalty for vio- shall be deemed guilty of a misdemeanor in office; and any officer of the army
who shall transmit, convey or obey any orders or instructions so issued contrary to the provisions of this section, knowing that such orders were so issued, shall be liable to imprisonment for not less than two nor more than twenty years, upon conviction thereof in any court of competent jurisdiction.
158. The commanding general of the army shall be authorized to permit a trading establishment to be maintained, after the first day of July 1867, at any military post on the frontier, not in the vicinity of any city or town, and situated at any point between the one-hundredth meridian of longitude, west from Greenwich, and the eastern boundary of the state of California, when, in his judgment, such establishment is needed for the accommodation of emigrants, freighters and other citizens: Provided, That after the commissary department shall be prepared to supply stores to soldiers, as required by law, no trader, permitted to remain at such post, shall sell any goods kept by the commissary department to any enlisted men: And provided further, That such traders shall be under protection and military control as camp followers.
2 March 1867 2. 14 Stat. 486.
General not to
30 March 1867. 15 Stat. 29.
Trading estab lishments may be allowed at cer
30 Mar. 1868 2. 15 Stat. 58. Acceptance of diplomatic or
159. Any officer of the army or navy of the United States who shall, after the passage of this act, accept or hold any appointment in the diplomatic or consular service of the government, shall be considered as having resigned his said office, and the place held
consular appoint by him in the military or naval service, shall be deemed and taken to be vacant, and
ment to vacate
shall be filled in the same manner as if the said officer had resigned the same.
iered by sentence
No person cashof court martial
to be restored.
155. Whenever troops are serving at any post, garrison or permanent camp, there shall be established a school where all enlisted men may be provided with instruction in the common English branches of education, and especially in the history of the United States; and the secretary of war is authorized to detail such commissioned officers and enlisted men as may be necessary to carry out the provisions of this section; and it shall be the duty of the post or garrison commander to cause to be set apart a suitable room or building for school and religious purposes.
11 June 1864 1. 13 Stat. 122.
[See ACCOUNTS, II.]
1. Proceedings where property claimed by the government is attached. Dissolution of attachment. Effect of judgment. 1. Whenever any property owned or held by the United States, or in which the United States have or claim an interest, shall, in any judicial proceeding under the laws of any state, district or territory, be seized, arrested, attached or held for the security or satisfaction of any claim made against said property, it shall be lawful for the secretary of the treasury, in his discretion, to direct the solicitor of the treasury to cause a stipulation to be entered into by the proper district attorney for the discharge of such property from such seizure, arrest, attachment or proceeding, to the effect that upon
Proceedings where property claimed by the government is attached. Dissolution of attachment.
160. No officer of the army of the United States who has been or shall hereafter be cashiered or dismissed from the service, by the sentence of a general court martial, formally approved by the proper reviewing authority, shall ever be restored to the military service except by a reappointment, confirmed by the senate of the United States.
such discharge, the person asserting the claim against such property shall become enti 11 June 1864. tled to all the benefits of this act; and in all cases where such stipulation shall be Effect of judg entered into, as aforesaid, and the property shall, in consequence thereof, be discharged ment. as aforesaid, and final judgment shall be given in the court of last resort to which the secretary of the treasury may deem proper to cause such proceedings to be carried, affirming the claim for the security or satisfaction of which such proceedings shall have been instituted, and the right of the person asserting the same to enforce it against such property by means of such proceedings, notwithstanding the claims of the United States thereto, such final judgment shall be deemed, to all intents and purposes, a full and final determination of the rights of such person, and shall entitle such person, as against the United States, to such rights as he would have had in case possession of said property had not been changed; and if such claim be for the payment of money, and the same shall by such judgment be found to be due, the presentation of a duly authenticated copy of the record of such judgment and proceedings shall be sufficient evidence to the proper accounting officers for the allowance thereof; and the same shall thereupon be allowed and paid out of any moneys in the treasury not otherwise appropriated: Provided, That the amount so to be allowed and paid shall not exceed the value of the interest of the United States in the property in question: And provided further, That nothing herein contained shall be considered as recognising or conceding any right to enforce by seizure, arrest, attachment or any judicial process, any claim against any property of the United States, or against any property held, owned or employed by the United States, or by any department thereof, for any public use, or as waiving any objection to any proceeding instituted to enforce any such claim.
1. How moneys to be paid on requisition of attorney-general. 2. Attorney-general to have the superintendence of district attorneys and marshals.
3. May retain counsel to assist district attorneys.
4. Solicitor of the treasury not to be affected.
6. Law clerk. Salary.
7. Assistant attorneys-general and clerks.
11 Stat. 420.
1. All moneys hereafter drawn out of the treasury upon the requisition of the 3 March 1859 1. attorney-general shall be disbursed by such disbursing officer as the secretary of the treasury may designate.
2. That the attorney-general of the United States be and he is hereby charged with the general superintendence and direction of the attorneys and marshals of all the districts in the United States and the territories, as to the manner of discharging their respective duties; and the said district attorneys and marshals are hereby required to report to the attorney-general an account of their official proceedings, and the state and condition of their respective offices, in such time and manner as the attorney-general may direct. (a)
3. That the attorney-general be and he is hereby empowered, whenever in his opinion the public interest may require it, to employ and retain (in the name of the United States) such attorneys and counsellors at law as he may think necessary to assist the district attorneys in the discharge of their duties, and shall stipulate with such assistant counsel the amount of compensation. (b)
How moneys to be on requi
sition of attor ney-general.
2 August 1861 § 1. 12 Stat. 285. Attorney-general to have the sudistrict attorneys
perintendence of and marshals. Ibid. 2. May retain coun sel to assist district attorneys.
12 Stat. 327.
4. Nothing in the act of which this is explanatory(c) sha be construed to repeal, 6 August 1861 1. modify or in any way affect any law now in force, defining or regulating the duties of the solicitor of the treasury.
(a) This act does not transfer the settlement of the accounts of district attorneys and marshals to the attorney-general's office. 10 Opin. 95.
(b) This section was repealed by act 3 March 1869, 15 Stat. 294; but was re-enacted by act 10 April 1869, 16 Stat. 46. The comVOL. II.-5
13 Stat. 516.
5. In lieu of the provisions of law prescribing the attorney-general's powers as to 3 March 1865 2 2. the employment of clerks in his office, it is provided that the attorney-general shall be and he is hereby authorized to employ in his office one chief clerk at a salary of two Clerks in attor ney-general's thousand and two hundred dollars per annum; two fourth-class clerks (being one office. "pardon clerk" and one "opinion clerk") at annual salaries of eighteen hundred dollars each; two third-class clerks at annual salaries of sixteen hundred dollars each; and one first-class clerk at an annual salary of twelve hundred dollars, besides such temporary clerks as may from time to time be needed: Provided, however, That the allowances to such temporary clerks shall in no one year exceed one thousand dollars.
14 Stat. 207
6. The attorney-general of the United States is hereby authorized to employ in his 23 July 1866 5. office, in addition to the present force, a clerk to be known as the law clerk, at an annual salary of twenty-five hundred dollars.
pensation of a district attorney for professional services rendered by direction of the attorney-general, for which no compensation is provided by the act of 1853, is payable out of the judiciary fund. 10 Opin. 124. See 9 Opin. 164.
(e) Act 2 August 1861, supra 2.
7. There shall be appointed by the president, by and with the advice and consent of the senate, two assistant attorneys-general, who shall hold their offices for four years Assistant attor respectively, unless sooner lawfully removed, and whose salaries shall be four thousand
neys-general and clerks.
dollars each per year, payable quarterly, and who shall be in lieu of the solicitor, assistant solicitor, and deputy solicitor of the court of claims, and of the assistant attorney-general now provided for by law; and the existing offices of solicitor, assistant solicitor, and deputy solicitor of the court of claims, and of assistant attorney-general, are hereby abolished from and after the first day of July 1868. The attorney-general shall have power to appoint two additional clerks of the fourth class, and one clerk at a salary not exceeding two thousand dollars, in his office.
25 June 1868 25. 15 Stat. 75.
Attorneys and Counsellors.
1. Oath of attorneys in the federal courts.
1. No person, after the date of this act, shall be admitted to the bar of the supreme court of the United States, or at any time after the fourth of March next, shall be Oath of attorneys admitted to the bar of any circuit or district court of the United States, or of the court
in the federal
24 Jan. 1865 1. 13 Stat. 424.
(a) Tit. "Oaths," 1.
(b) This act was held by the supreme court of the United States to be unconstitutional, as an ez post facto law, so far as it excludes an attorney from practising in the federal courts, by reason of past conduct. Ex parte Garland, 4 Wall. 333. The same point was ruled by Trigg, J., in the circuit court for the castern district of Teunessee. Baxter's Case, 14 Am. L. R. 159. And also by Erskine, J., in the district court for the southern district of Georgia. Ex parte Law, 35 Geo. 285. And see Green v.
15 May 1862 8. 12 Stat. 387.
of claims, as an attorney or counsellor of such court, or shall be allowed to appear and be heard in any such court, by virtue of any previous admission, or any special power of attorney, unless he shall have first taken and subscribed the oath prescribed in "An act to prescribe an oath of office, and for other purposes," approved July 2d 1862, (a) according to the forms and in the manner in the said act provided; which said oath so taken and subscribed shall be preserved among the files of such court; and any person who shall falsely take the said oath shall be guilty of perjury, and, on conviction, shall be liable to the pains and penalties of perjury, and the additional pains and penalties in the said act provided.(b)
Powers of commissioners of bail enlarged.
1. Powers of commissioners of bail enlarged.
1. Commissioners appointed by the courts of the United States to take bail, affidavits, and so forth, shall have like powers to take surety of the peace and for good behavior, according to the act of July 16th 1798, (a) that other officers designated by said act now have.
(a) See Vol. 1, tit. "Bail," 2.
Shumway, 39 N. Y. 418. But the supreme court of the District
5. Formation of banking companies.
6. Articles of association. To be acknowledged and filed of record. Certified copies to be evidence.
7. Amount of capital.
8. Corporate powers.
9. Number and qualification of directors. President. Oath of office.
10. Term of office. How vacancies to be filled.
11. Corporate elections.
III. CAPITAL STOCK.
12. Division of capital stock. Transfers. Individual liability of stockholders. Power of comptroller to withhold certificate. 13. Power to increase capital stock. Limitation. 14. Payment of capital.
15. Stock of delinquents to be forfeited and sold.
16. Deposit of United States bonds.
17. Powers and duties of the comptroller.
18. Certificate to be issued, and published.
19. Bonds to be assigned to the treasurer in trust. Transferbook.
20. Transfers to be countersigned and entered.
IV. BANK NOTES.
21. Circulating notes to be delivered to such associations. Limitation.
22. Limitation of entire circulation. Notes to be prepared by comptroller. Denominations. Form and devices.
23. How such notes may be issued as currency. To be receivable for taxes, &c. Post notes prohibited.
24. Worn-out and mutilated notes to be exchanged for new ones. Destruction of cancelled notes.
25. Annual examination of bonds in treasurer's office. 26. Bonds to be held to secure circulation. Payment of intechanged. To be returned on cancellation of notes. Proceedings in case of depreciation. Bonds may be ex27. Penalty for unauthorized delivery of notes.
I. BUREAU OF CURRENCY.
1. There shall be established in the treasury department a separate bureau, which shall be charged with the execution of this and all other laws that may be passed by congress respecting the issue and regulation of a national currency secured by United Bureau of cur States bonds. The chief officer of the said bureau shall be denominated the comptroller lished. of the currency, and shall be under the general direction of the secretary of the trea- Comptroller. sury. He shall be appointed by the president, on the recommendation of the secretary of the treasury, by and with the advice and consent of the senate, and shall hold his office for the term of five years unless sooner removed by the president, upon reasons to be communicated by him to the senate; he shall receive an annual salary of five thousand dollars; he shall have a competent deputy, appointed by the secretary, whose Deputy comp salary shall be two thousand five hundred dollars, and who shall possess the power and perform the duties attached by law to the office of comptroller during a vacancy in such office and during his absence or inability; he shall employ, from time to time, the Clerks. necessary clerks to discharge such duties as he shall direct, which clerks shall be appointed and classified by the secretary of the treasury in the manner now provided by law. Within fifteen days from the time of notice of his appointment, the comp- Oath. troller shall take and subscribe the oath of office prescribed by the constitution and laws of the United States; and he shall give to the United States a bond in the penalty Bonds. of one hundred thousand dollars with not less than two responsible sureties, to be approved by the secretary of the treasury, conditioned for the faithful discharge of the duties of his office. The deputy comptroller, so appointed, shall also take the oath of office prescribed by the constitution and laws of the United States, and shall give a like bond in the penalty of fifty thousand dollars. The comptroller and deputy comptroller shall not, either directly or indirectly, be interested in any association issuing national currency under the provisions of this act.
2. The comptroller of the currency, with the approval of the secretary of the treasury, shall devise a seal, with suitable inscriptions, for his office, a description of which, official seal. with a certificate of approval by the secretary of the treasury, shall be filed in the office of the secretary of state with an impression thereof, which shall thereupon become the seal of office of the comptroller of the currency, and the same may be renewed when necessary. Every certificate, assignment and conveyance executed by the comp- Certified papers troller, in pursuance of any authority conferred on him by law, and sealed with his seal of office, shall be received in evidence in all places and courts whatsoever; and all copies of papers in the office of the comptroller, certified by him and authenticated by the said seal, shall in all cases be evidence equally and in like manner as the origi nal. An impression of such seal directly on the paper shall be as valid as if made on wax or wafer.
to be evidence.
3 June 1864 31.
13 Stat. 99.
3. There shall be assigned to the comptroller of the currency by the secretary of the treasury suitable rooms in the treasury building for conducting the business of once of comp the currency bureau, in which shall be safe and secure fire-proof vaults, in which it troller. shall be the duty of the comptroller to deposit and safely keep all the plates not necessarily in the possession of engravers or printers, and other valuable things