13 Feb. 1862. Ibid. 5. Forcing a safeguard. 13 Mar. 1862 1. 12 Stat. 354. Fugitives from labor not to be returned by military officers. 16 July 186231. 12 Stat. 589. When prisoner may be sentenced to imprisonment in the penitentiary. Ibid. 2. Others to be discharged. Ibid. 3. Mode of discharge. Ibid. 4. 17 July 1862 11. 12 Stat. 595. of officers. 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.” 74. That the 55th article of the first section of act of 10th April 1806, chapter 20,(a) 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. 75. 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 :ART. -. 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 purpose of returning fugitives from service or labor, who may have escaped from 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. the 76. 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. 77. 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 further punishment as the president of the United States may, in his discretion, impose as a commutation of said sentence. 78. Upon the application of any citizen of the United States, supported by his oath, alleging that a person or persons in the military service as aforesaid are confined in said penitentiary, under the sentence of a court martial, for any offence not punishable 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. 79. 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. 80. Whenever an officer shall be put under arrest, except at remote military posts or stations, it shall be the duty of the officer by whose orders he is arrested to see that a Arrest and trial copy of the charges on which he has been arrested and is to be tried shall be served 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: And provided further, That the provisions of this section shall apply to all persons now under arrest and awaiting trial. 17 July 1862 25. 12 Stat. 598. Judge advocate general. 81. The president shall appoint, by and with the advice and consent of the senate. a judge advocate general, with the rank, pay and emoluments of a colonel of cavalry, to whose office shall be returned for revision the records and proceedings of all courts martial and military commissions, and where a record shall be kept of all proceedings When president had thereupon. And no sentence of death or imprisonment in the penitentiary shall be carried into execution until the same shall have been approved by the president. 82. There may be appointed by the president, by and with the advice and consent of the senate, for each army in the field, a judge advocate, with the rank, pay and to approve sentence. Ibid. 26. (a) Ante 78, pl. 228. emoluments each of a major of cavalry, who shall perform the duties of judge advocate for the army to which they respectively belong, under the direction of the judge advocate general. 17 July 1862. Ibid. 7. 83. 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 Approval of being no brigade commander, the proceedings as aforesaid shall be submitted for sentence. approval to the commanding officer of the post. 12 Stat. 735. tences of spies 84. That so much of the fifth section of the act approved 17th July 1862, entitled 3 Mar. 1863 3 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 sen- Approval of sentence of a court martial, be and the same is hereby repealed, as far as relates to carry- and deserters. ing 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. 85. Courts martial shall have power to sentence officers who shall absent themselves from their commands without leave, to be reduced to the ranks to serve three years or during the war. Ibid. 22. Officers may be reduced to the ranks. Ibid. 26. Return of soldiers 86. Immediately after the passage of this act the president shall issue his proclamation declaring that all soldiers now absent from their regiments without leave, may return within a time specified to such place or places as he may indicate in his procla- absent without mation, and be restored to their respective regiments without punishment, except the leave. forfeiture of their pay and allowances during their absence; and all deserters who shall not return within the time so specified by the president shall, upon being arrested, be punished as the law provides. 87. 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, by either party and read in evidence; provided the same shall be taken upon reasonable notice to the opposite party and duly authenticated. Ibid. 27. when depositions may be read be fore courts martial. Ibid. 28. Appointment of 88. The judge advocate shall have power to appoint a reporter, whose duty it shall be to record the proceedings of and testimony taken before military courts instead of the judge advocate; and such reporter may take down such proceedings and testimony reporter. in the first instance in shorthand. The reporter shall be sworn or affirmed faithfully to perform his duty before entering upon it. 89. The court shall, for reasonable cause, grant a continuance to either party for such time and as often as shall appear to be just: Provided, That if the prisoner be in close confinement the trial shall not be delayed for a period longer than sixty days. Ibid. 29. Continuances regulated. Ibid. 238. time of war, 90. 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 Punishment of to commit murder, robbery, arson, burglary, rape, assault and battery with an intent certain crimes in to commit rape and larceny, shall be punishable by the sentence of a general court 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 punishments 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. 91. 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 for- Punishment of tifications, posts, quarters or encampments of any of the armies of the United States, spies in time of or elsewhere, shall be triable by a general court martial or military commission, and shall, upon conviction, suffer death. rebellion. 12 Stat. 754. 92. Every judge advocate of a court martial or court of inquiry hercafter to be con- 3 Mar. 1863 3 25. stituted, shall have power to issue the like process to compel witnesses to appear and testify which courts of criminal jurisdiction within the state, territory or district where Power to compel such military courts shall be ordered to sit may lawfully issue. XIV. PAY AND SUBSISTENCE. attendance of witnesses. 93. Mileage shall not be allowed when the officer has been transferred or relieved at 3 March 1850 3 1. his own request. 11 Stat. 432. 12 Stat. 68. 94. The allowance of sugar and coffee to the non-commissioned officers, musicians and 21 June 1560 8 4. 21 June 1860. privates of the army, as fixed by the 17th section of the act of the 5th of July 1838,(a) shall hereafter be ten pounds of coffee and fifteen pounds of sugar for every one hundred rations. Sugar and coffee ration. 3 Aug. 1861 12 Stat. 289. Increase of the ration during the war. Ibid. 14. Allowance for hospitals. Ibid. 19. Double rations 13. 95. The army ration shall be increased as follows, viz.: Twenty-two ounces of bread or flour, or one pound of hard bread, instead of the present issue; fresh beef shall be issued as often as the commanding officer of any detachment or regiment shall require it, when practicable, in place of salt meat; beans and rice or hominy shall be issued in the same ration in the proportions now provided by the regulation, and one pound of potatoes per man shall be issued at least three times a week, if practicable; and when these articles cannot be issued in these proportions, an equivalent in value shall be issued in some other proper food, and a ration of tea may be substituted for a ration of coffee upon the requisition of the proper officer: Provided, That after the present insurrection shall cease, the ration shall be as provided by law and regulations on the 1st day of July 1861.(b) 96. There may be allowed in hospitals, to be provided under such rules as the surgeongeneral of the army, with the approval of the secretary of war, may prescribe, such quantities of fresh or preserved fruits, milk or butter, and of eggs, as may be necessary for the proper diet of the sick. 97. That so much of the 6th section of the act of August 23d 1842, (c) as allows additional or double rations to the commandant of each permanent or fixed post garrisoned not allowed, &c. with troops, be and the same is hereby repealed. Ibid. 20. Officers absent not to receive allowances. 6 Aug. 1861 1. 12 stat. 326. Pay of privates. 5 July 1862 2 10. 12 Stat. 510. Commutation of sugar and coffee ration. 17 July 1862 § 1. 12 Stat. 594. Forage to be drawn in kind. 98. 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 authorized by the existing laws for servants, forage, transportation of baggage, fuel and quarters, either in kind or in commutation. 99. That the pay of the privates in the regular army and volunteers in the service of the United States be thirteen dollars per month for three years from and after the passage of this act, and until otherwise fixed by law. 100. That the secretary of war be authorized to commute the army ration of coffee 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, pickles, butter and desiccated vegetables are procured for the navy, (d) 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. 101. Officers of the army entitled to forage for horses shall not be allowed to commute 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: 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 Emoluments of regulations: And provided further, That officers of the army and of volunteers assigned mounted officers. 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. Ibid. 2. 102. Major-generals shall be entitled to draw forage in kind for five horses; brigadierForage of mount- generals for four horses; colonels, lieutenant-colonels and majors for two horses each; captains and lieutenants of cavalry and artillery, or having the cavalry allowance, for two horses each; and chaplains for one horse only. ed officers. Ibid. 3. Pay, &c. of soldiers employed as servants to be credited on pay rolls. Ibid. 4. 103. 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. 104. The first section of the act approved August 6th 1861, (e) entitled "An act to Act of 1861 not to increase the pay of privates in the regular army and in the volunteers in the service of increase pay of the United States, and for other purposes," shall not be so construed, after the passage officers. of this act, as to increase the emoluments of the commissioned officers of the army. And Compensation of the eighth section of the act of 22d July 1861, (g) entitled "An act to authorize the employment of volunteers to aid in enforcing the laws and protecting public property," shall be so construed as to give to quartermaster-sergeants the same compensation as to regimental commissary-sergeants. quartermaster sergeants. Ibid. 27. 105. 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 the (a) Ante 86, pl. 310. (d) See tit. "Navy, 116." (e) Supra 99. (g) Infra 137. government, not more than six cents per mile shall hereafter be allowed, unless where 17 July 1862. 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 Officers' mileage. 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. 106. Any officer absent from duty with leave, except for sickness or wounds, shall, 3 Mar. 1863 3 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 prescribed Pay, &c., of offiby law or a court martial, forfeit all pay or allowances during such absence. cers on leave. 107. The army ration shall hereafter include pepper, in the proportion of four ounces 3 Mar. 1863 11. to every hundred rations. XV. COMPENSATION FOR PROPERTY DESTROYED. 12 Stat. 744. 12 Stat. 743. 108. That section two of the act approved March 3d 1849, (a) entitled “An act to pro- 3 Mar. 1863 5. vide 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. XVI. RETIRED LIST. Act of 1849 to include steamboats and leco motives. 12 Stat. 259. 109. Any commissioned officer of the army, or of the marine corps, who shall have 3 Ang. 1861 3 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. What officers the retired list. Pay and allow ances. officers. 110. 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 shall be placed upon the retired list and withdrawn from active service and command may be placed on and from the line of promotion, with the following pay and emoluments, namely: the pay proper of the highest rank held by him at the time of his retirement, whether by staff 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 allow- ́ ances: 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. number. 111. 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 board for examiUnited States, shall, from time to time, as occasion may require, assemble a board of not nation of disabled more than nine, nor less than five, commissioned officers, two-fifths of whom shall 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 officer incapaci- Report. tated 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 Members to be 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 wholly from Hearing. the service without having had a fair and full hearing before the board, if, upon due summons, he shall demand it. sworn. Ibid. 18. 112. The officers partially retired shall be entitled to wear the uniform of their respective grades, shall continue to be borne upon the army register, or navy register, Rights and du. as the case may be, and shall be subject to the rules and articles of war, and to trial by ties of retired general court martial for any breach of the said articles. officers. (a) Ante 88, pl. 325. 3 Aug. 1861 25. 17 July 1862 12. 12 Stat. 596. Certain officers may be retired on full pay. 24 Dec. 1861 3. 12 Stat. 331. Regulation of sutlers. 17 July 1862 217. 12 Stat. 596. Dismissal of officers. 17 July 1862 12. 12 Stat. 599. negroes. 113. Retired officers of the army, navy and marine corps may be assigned to such duties as the president may deem them capable of performing, and such as the exigencies of the public service may require. 114. 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. XVII. GENERAL PROVISIONS. 115. That the fifth section of the act of 12th June 1858, (a) giving sutlers a lien upon the soldier's pay, be, and the same is hereby, repealed; and all regulations giving sutlers rights and privileges beyond the rules and articles of war, be and the same are hereby abrogated. 116. That the president of the United States be, and hereby is, authorized and requested to dismiss and discharge from the military service, either in the army, navy, marine corps, or volunteer force in the United States service, any officer for any cause which, in his judgment, either renders such officer unsuitable for, or whose dismission would promote, the public service. 117. That the president be, and he is hereby, authorized to receive into the service of the United States, for the purpose of constructing intrenchments, or performing camp Employment of service, or any other labor, or any military or naval service for which they may be found competent, persons of African descent; and such persons shall be enrolled and organized under such regulations, not inconsistent with the constitution and laws, as the president may prescribe. Ibid. 15. 118. All persons who have been or shall be hereafter enrolled in the service of the Pay and rations. United States under this act, shall receive the pay and rations now allowed by law to soldiers, according to their respective grades: Provided, That persons of African descent, who under this law shall be employed, shall receive ten dollars per month and one ration, three dollars of which monthly pay may be in clothing. 4 April 1862 1. 12 Stat. 617. 12 July 1862 1. 12 Stat. 623. 119. Whenever military operations may require the presence of two or more officers of the same grade in the same field or department, the president may assign the command of the forces in such field or department without regard to seniority of rank. 120. That the president of the United States be, and he is hereby, authorized to cause two thousand "medals of honor" to be prepared with suitable emblematic devices, and Medals of honor. to direct that the same be presented, in the name of congress, to such non-commissioned officers and privates as shall most distinguish themselves by their gallantry in action, and other soldier-like qualities, during the present insurrection. (b) 12 July 1862 1. 12 Stat. 624. 121. That the secretary of war be, and he is hereby, authorized to furnish extra clothing to all sick, wounded and other soldiers who may have lost the same by the Extra clothing to casualties of war, under such rules and regulations as the department may prescribe, during the existence of the present insurrection. sick and wounded soldiers. 3 Mar. 1863 23. 12 Stat. 735. Clothing, arms, of others than soldiers may be seized. 122. 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 &c. in possession 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. Ibid. 24. 123. 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; (c) or who shall harbor, conceal or give employment to a deserter, or carry him ing soldiers to desert. (a) 11 Stat. 336. (b) See act 3 March 1863 6. 12 Stat. 751. (c) Where the prisoner, in order to induce one H. 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 II. 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 II. should desert. United States v. Clark, 25 Law Rep. 345. |