ART. 53. Any officer who uses any profane oath or execration shall, for each offense, forfeit and pay one dollar. Any soldier who so offends shall incur the penalties provided in the preceding article; and all moneys forfeited for such offenses shall be applied as therein provided.

ART. 54. Every officer commanding in quarters, garrison, or on the march shall keep good order, and, to the utmost of his power, redress all abuses or disorders which may be committed by any officer or soldier under his command; and if, upon complaint made to him of officers or soldiers beating or otherwise illtreating any person, disturbing fairs or markets, or committing any kind of riot, to the disquieting of the citizens of the United States, he refuses or omits to see justice done to the offender and reparation made to the party injured, so far as part of the offender's pay shall go toward such reparation, he shall be dismissed from the service, or otherwise punished, as a court-martial may direct.1

ART. 55. All officers and soldiers are to behave themselves orderly in quarters and on the march; and whoever commits any waste or spoil, either in walks or trees, parks, warrens, fish-ponds, houses, gardens, grain-fields, inclosures, or meadows, or maliciously destroys any property whatsoever belonging to inhabitants of the United States (unless by order of a general officer commanding a separate army in the field), shall, besides such penalties as he may be liable to by law, be punished as a court-martial may direct.

ART. 56. Any officer or soldier who does violence to any person bringing provisions or other necessaries to the camp, garrison, or quarters of the forces of the United States in foreign parts, shall suffer death, or such other punishment as a court-martial may direct.

ART. 57. Whosoever, 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, forces a safeguard, shail suffer death.

ART. 58. In time of war, insurrection, or rebellion, larceny, robbery, burglary, arson, mayhem, manslaughter, murder, assault and battery with an intent to kill, wounding, by shooting or stabbing, with an intent to commit murder, rape, or assault and battery with an intent to commit rape, shall be punishable by the sentence of a general court-martial, when committed by persons in the military service of the United States, and the punishment in any such case shall not be less than the punishment provided, for the like offense,

1See Dig. Op. J. A. G., 132–133.

The pay of the offender or offenders can be resorted to only for the purpose of the "reparation." A military commander can have no authority to add a further amount of stoppage by way of punishment. (Dig. Op. J. A. G., par. 82, edition of 1901.)

of, any oath to any fact or to any writing or other paper, knowing such oath to be false; or

Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or any officer thereof, forges or counterfeits, or procures or advises the forging or counterfeiting of, any signature upon any writing or other paper, or uses, or procures or advises the use of, any such signature, knowing the same to be forged or counterfeited; or

Who, having charge, possession, custody, or control of any money or other property of the United States, furnished or intended for the military service thereof, knowingly delivers, or causes to be delivered, to any persons having authority to receive the same, any amount thereof less than that for which he receives a certificate or receipt; or

Who, being authorized to make or deliver any paper certifying the receipt of any property of the United States, furnished or intended for the military service thereof, makes, or delivers to any person, such writing, without having full knowledge of the truth of the statements therein contained, and with intent to defraud the United States; or

Who steals, embezzles, knowingly and willfully misappropriates, applies to his own use or benefit, or wrongfully or knowingly sells or disposes of any ordnance, arms, equipments, ammunition, clothing, subsistence stores, money, or other property of the United States, furnished or intended for the military service thereof; or

Who knowingly purchases, or receives in pledge for any obligation or indebtedness, from any soldier, officer, or other person who is a part of or employed in said forces or service, any ordnance, arms, equipments, ammunition, clothing, subsistence stores, or other property of the United States, such soldier, officer, or other person not having lawful right to sell or pledge the same,

Shall, on conviction thereof, be punished by fine or imprisonment, or by such other punishment as a court-martial may adjudge, or by any or all of said penalties. And if any person, being guilty of any of the offenses aforesaid, while in the military service of the United States, receives his discharge, or is dismissed from the service, he shall continue to be liable to be arrested and held for trial and sentence by court-martial, in the same manner and to the same extent as if he had not received such discharge nor been dismissed. Act of Mar. 2, 1901 (31 Stat. 951).

1 See Dig. Op. J. A. G. 138 LX to 140 LXI; 488, 16b; 144. Note 1. A charge of embezzlement under this article would not lie where the money or property embezzled was not public money, but belonged to the post, company,

ART. 61. Any officer who is convicted of conduct unbecoming an officer and a gentleman shall be dismissed from the service.1

ART. 62. All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing articles of war, are to be taken cognizance of by a general, or a regimental, garrison, or field officers' court-martial, according to the nature and degree of the offense, and punishable at the discretion of such court.2

ART. 63. All retainers to the camp, and all persons serving with the armies of the United States in the field, though not enlisted soldiers, are to be subject to orders, according to the rules and discipline of war.3

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or exchange funds; such money not being public money within the scope of article 60. (G. C. M. O 27, War Dept., 1872; see,also, G. C. M. O. 4, id., 1873.) Under the grant of jurisdiction to a court-martial conferred by the 60th Article of War, providing that any person in the military service who misappropriates any money of the United States, 'furnished or intended for the military service thereof," shall be punished, etc., such a court has no power to convict an officer of the Army for misappropriating money appropriated by Congress for the improvement of rivers and harbors. (In re Carter, 97 Fed. Rep., 496.) Such a conviction, however, may be had where the misappropriation of such funds is charged as a violation of article 62.

When an officer who had been sentenced to forfeit all pay due, but whose sentence had not yet been approved or published, presented pay accounts to the paymaster for his pay and received the amount of the same, held, that he was not triable for the offense of presenting a fraudulent claim under this article. (Id., par. 108, edition 1901.)

Repeated false statements of the accused relative to the public moneys for which he was accountable are competent evidence going to sustain a charge of embezzlement under this article. (Dig. Op. J. A. G., par. 120, ed. 1901.) 1 See Dig. Op. J. A. G. 140 LXI A to 143 LXII A; 488, 17a.

According to the accepted principle of interpretation, by which articles of war enjoining a specific punishment or punishments are held to be in this particular both mandatory and exculsive, no sentence other than one of simple dismissal can legally be adjudged upon a conviction under this article. A sentence which adds to dismissal any other penalty or penalties, as disqualification for office, forfeiture of pay, imprisonment, etc., is valid and operative only as to the dismissal, and as to the rest should be formally disapproved as being unauthorized and of no effect. (Dig. Op. J. A. G., par. 142, ed. 1901. See Dig. Op. J. A. G., 489, D 19.)

The mere acceptance by an officer of compensation from private parties (civilians) whom, by permission of his superior, he assists in a private undertaking, though it may be an indelicate act, is not an offense under this article. Of the propriety of such conduct an officer must judge for himself. (Dig. Op. J. A. G., par. 144, ed. 1901.)

3 'See Dig. Op. J. A. G., 143 LXII A to 151 LXIII A; 488, 18 a to 489, 19. Where an offense is specifically provided for in any of the Articles of War prior to the sixty-second, the grant of jurisdiction to a court-martial to try and punish such offense is conferred by the particular article which mentions it, and not by the general language of the sixty-second article, providing for the trial and punishment of offenses not capital, and all disorders, etc., though not mentioned in the preceding articles. (In re Carter, 97 Fed. Rep., 496.) 'To determine when an army is "in the field" is to decide the question raised. These words imply military operations with a view to an enemy. Hostilities with Indians seem to be as much within their meaning as any other kind of warfare. To enable the officers of an army to preserve good order and discipline is the object of this article, and these may be as necessary in the face of hostile savages as in the front of any other enemy. When an

ART. 64. The officers and soldiers of any troops, whether militia or others, mustered and in pay of the United States shall at all times and in all places be governed by the Articles of War and shall be subject to be tried by courts-martial.1

ART. 65. Officers charged with crime shall be arrested and confined in their barracks, quarters, or tents, and deprived of their army is engaged in offensive or defensive operations, I think it is safe to say that it is an army "in the field."

To decide exactly where the boundary line runs between civil and military jurisdiction, as to the civilians attached to an army is difficult; but it is quite evident that they are within military jurisdiction, as provided for in said article, when their treachery, defection, or insubordination might endanger or embarrass the army to which they belong in its operations against what is known in military phrase as "an enemy." Possibly the fact that troops found in a region of country chiefly inhabited by Indians, and remote from the exercise of civil authority, may enter into the description of "an army in the field." Persons who attach themselves to an expedition against hostile Indians may be understood as agreeing that they will submit themselves, for the time being, to military control. (XIV Opin. Att. Gen., 22; G. O. 17, A. G. O., 1872.)

A civil employee of the United States in time of peace is most clearly not made amendable to the military jurisdiction and trial by court-martial by the fact that he is employed in an office connected with the administration of the military branch of the Government. Such employment does not make him a part of the military establishment, nor is his offense, however nearly it may affect the military service, "a case arising in the land forces" in the sense of article 5 of the amendments to the Constitution. So held (June, 1877) that a civilian clerk employed in time of peace in the office of the chief quartermaster at San Francisco was manifestly not amendable, under this article or otherwise, to trial by court-martial for the embezzlement or misapplication of Government funds appropriated for the Quartermaster Department. (See the confirmatory opinion in this case of the Attorney-General of May 15, 1878, XVI Opin., 13.) And remarked that if this official could be made liable to such jurisdiction, all the male and female clerks employed in the War Department might upon the same principle be held thus amendable for offenses against the Government committed in connection with their duties. And so held in the case of a civilian clerk employed at Camp Robinson, Nebraska, charged with conspiring with contractors to defraud the United States, the post not being within the theater of any Indian war or hostilities pending at the period of the offense. (See opinion, to a similar effect, of the AttorneyGeneral of June 15, 1878, XVI Opins., 48.) Id., par. 167. (Dig. Op. J. A. G., edition of 1901.)

Held, (April, 1877) that superintendents of national cemeteries, being no part of the Army, but civilians (see section 4874, Revised Statutes), were clearly not amendable to military jurisdiction or trial under this article or otherwise. (See, to the same effect, the opinion of the Attorney-General of May 15, 1878, XVI Opin., 13, referred to in note a.) (Dig. Op. J. A. G., par. 168, ed. 1901.)

See also Dig. Op. J. A. G. 151, LXIII A to 152 LXV.

That general prisoners are within the jurisdiction of courts-martial, see par. 493, ante, and also Manual for Courts-Martial, page 128, sec. 5.

'Military offenses are not territorial. (See Manual for Courts-Martial, p. 14.) So held that an officer who exhibited himself in an intoxicated condition at a public ball in Mexico, though not present in any military capacity, was amenable for his offense to the jurisdiction of a court-martial in Texas. (Dig. Op. J. A. G., par. 169, ed. 1901; Houston v. Moore, 5 Wh., 20.)

The term "crime" is here employed in a general sense, referring to offenses of a military character as well as to those of a civil character which are cognizable by court-martial. (Compare Wolton v. Gavin, 16 Ad. & El., 66, 68; Simmons, sec. 360.) An offense in violation of this article is only committed when an officer confined in "close arrest" to his quarters leaves the same without authority. A breach of a mere formal arrest or of any arrest not accompanied by confinement to quarters would be an offense not within this article, but under article 62. (Dig. Op. J. A. G., par. 170, ed. 1901.)

Simply disobeying an order to proceed and report in arrest to a certain commander held not an offense chargeable under this article. Id., par 171.