President to pre scribe quantity and kind of clothing.

24 April 1816. United States: Provided, That whenever more than the authorized quantity is required the value of the extra articles shall be deducted from the soldiers' pay, and in like manner the soldiers shall receive pay, according to the annual estimated value for such authorized articles of uniform as shall not have been issued to him in each year: Provided also, That the manner of issuing and accounting for clothing shall be established in the general regulations of the war department.

Extra articles.

Ibid. 28.

Allowance, on discharge, for cle thing not drawn.

Ibid. 12.

Value of forage in money.

302. In all cases where a soldier of the regular army shall have been discharged from the service of the United States, and clothing shall be due to said soldier, it shall be the duty of the paymaster-general to cause the same to be paid for according to the price paid in the seventh section of this act.

303. When forage is not drawn in kind by officers of the army entitled thereto, eight dollars per month, for each horse, not exceeding the number authorized by existing regulations, (a) shall be allowed in lieu thereof: Provided, That neither forage nor money Not to be drawn shall be drawn by officers, but for horses actually kept by them in service: Provided also, except for horses That none, except company officers, shall be allowed to take as servants or waiters, kept in service. soldiers of the army, and that all officers be allowed, for each private servant actually Officers' servants. kept in service, not exceeding the number authorized by existing regulations, (b) the pay, rations and clothing of a private soldier, or money in lieu thereof, on a certificate setting Additional ration forth the name and description of the servant or servants, in the pay account: Provided also, That one additional ration be allowed to all subaltern officers of the army.

to subalterns.

14 April 1818 8. 3 Stat. 427.

2 March 1827 4 Stat. 227.

Ibid. 2.

cers in actual

command of

1

304. The president may make such alterations in the component parts of the ration as

a due regard to the health and comfort of the army and economy may require.

305. From and after the passing of this act, each captain and subaltern in the army(c) shall be allowed one additional ration.

306. Every officer in the actual command of a company (d) in the army of the United Extra pay to off. States, (e) shall be entitled to receive ten dollars per month additional pay, as compensation for his duties and responsibilities, with respect to the clothing, arms and accoutrements of the company, whilst he shall be in the actual command thereof: Provided, That no subaltern officer (g) who shall be in the performance of any staff duty, for which he Lavanttal receives an extra compensation, shall be entitled to the additional ration herein provided for.(h)

companies.

Subalterns on

have additional ration.

3 March 1835 2 1. 4 Stat. 754.

No extra compensation for disbursing public moneys.

5 July 1838 15. 5 Stat. 258.

Additional ra

tion for every five years' service.

Ibid. 16.

All enlistments for five years.

307. No officer of the army (i) shall receive any per cent. or additional pay, extra allowance or compensation in any form whatever, on account of the disbursing any public money() appropriated by law during the present session, for fortifications, execution of surveys, works of internal improvement, building of arsenals, purchase of public supplies of any description, or for any other service or duty whatsoever, unless authorized by law.(1)

308. Every commissioned officer of the line or staff, exclusive of general officers, shall be entitled to receive one additional ration per diem for every five years he may have served or shall serve in the army of the United States: (m) Provided, That in certain cases where officers are entitled to and receive double rations, the additional one allowed in this section shall not be included in the number to be doubled.

309. That from and after the passing of this act, all enlistments in the army of the United States shall be for five years;(n) and that the monthly pay of non-commissioned officers and soldiers shall be as follows: to each sergeant-major, quartermaster-sergeant, and chief musician, seventeen dollars; to each first sergeant of a company, sixteen dolPay of non-com- lars; to all other sergeants, thirteen dollars; to each artificer, eleven dollars; to each missioned officers corporal, nine dollars; and to each musician and private soldier, eight dollars:(0) Provided, That two dollars (p) per month of said pay be retained until the expiration of his term of service.

and privates.

Ibid. 17.

310. The allowance of sugar and coffee to the non-commissioned officers, musicians and privates, in lieu of the spirit or whiskey component part of the army ration, now

(d) An officer in the actual command of any number of men sufficiently large to constitute a detachment of marines, according to the usage of the navy department, is entitled to the allowance given by this act. 3 Opin. 342,

(e) The allowance hereby made to captains of the army may be claimed by all captains of volunteers or militia embraced in the act 19 March 1836, 5 Stat. 7, who performed any duty, or were charged with any responsibility, with respect to the clothing, arms, or accoutrements, belonging to their companies. 3 Opin.

136.

(g) Not to include lieutenants holding the appointments of adjutant and regimental quartermaster; infra, 315.

(h) Under no circumstances can a subaltern claim the additional ration given by this act, whether as commanding officer, or otherwise, whilst receiving compensation for the performance of staff duties. 4 Opin. 305. Lieutenants in the receipt of extra pay for

() Since the passage of this act quartermasters have not been allowed any extra compensation on account of disbursements for public supplies. 3 Opin. 516.

(1) This section has been held to be a general and permanent provision. 3 Opin. 155.

() This is not to be construed to give a right to back rations. But is to include the paymaster-general and surgeon-general. See infra, 312.

(n) No discretion has been conferred to contract for such service, either conditionally, or for a shorter term. 4 Opin. 537. (6) Seven dollars per month by act 7 July 1838; infra, 311; increased by act 4 August 1854, 1; infra, 317; at the rate of four dollars per month.

(p) But one dollar to be retained by act 7 July 1838; infra,

812.

directed by regulation, shall be fixed at six pounds of coffee and twelve pounds of sugar 5 July 1838. to every one hundred rations, to be issued weekly when it can be done with convenience sugar and coffee to the public service, and, when not so issued, to be paid in money.

ration.

Ibid. 24.

311. Hereafter the officers of the pay and medical departments of the army shall receive the pay and emoluments of officers of cavalry of the same grades respectively, Pay and medical according to which they are now paid by existing laws.(a)

departments.

312. Nothing contained in said act (6) shall be so construed as to allow to any officer 7 July 1838 3 1. additional rations for time past, commonly called back rations.

5 Stat. 305.

The monthly pay of a private soldier, raised by said act (c) to eight dollars, shall be Pay of privates. limited and fixed at seven dollars a month; one dollar thereof shall be retained, as provided for in said act.

No compensation shall be allowed to officers of the engineer department for dis- Officers of enbursement of public money, while superintending public works.

gineers.

The said act (d) shall be so construed as to allow to the paymaster-general and surgeon- Additional rageneral of the army, the additional rations therein granted to officers of the line and staff for every five years' service.

tions to paymas ter-general and surgeon-general.

5 Stat. 513.

draw additional

313. The rations authorized to be allowed to a brigadier while commander-in-chief, 23 Aug. 1842 § 6. and to each officer while commanding a separate post, by the act of March 3d 1797,(e) and to the commanding officers of each separate post, by the act of March 16th 1802, (g) What officers to shall hereafter be allowed to the following officers and no others; (h) to the major-general rations whilst in commanding the army, and to every officer commanding in chief a separate army command of actually in the field; to the generals commanding the eastern and western geographical' divisions; to the colonels or other officers commanding military geographical departments; to the commandant of each permanent or fixed post, garrisoned with troops, including the superintendent of the military academy at West Point, who is regarded as the commandant of that post.

separate posts.

5 Stat. 746.

314. General and field officers shall not be entitled in time of peace to draw forage, or 3 March 1845 § 1 money in lieu thereof, for more than three horses each, to be owned and actually kept in service; officers of the regiments of dragoons below the rank of field officers, for two For what number horses each; and all other officers now entitled to forage, (i) for one horse each, to be to draw forage. owned and actually kept in service.

of Lorses officers

9 Stat. 185.

315. The proviso to the 2d section of the act approved March 2d 1827, entitled "An 3 March 1847 2 10 act giving further compensation to the captains and subalterns of the army of the United States, in certain cases," shall be so interpreted as not to include lieutenants who hold the appointments of adjutant and regimental quartermaster.(k)

Ibid. 2 20.

316. The provisions of the 6th section of the act entitled "An act respecting the organization of the army," &c., approved August 23d 1842,(7) which allow additional Additional ra rations to certain officers of the army, be, and the same are hereby, so extended as to tions to quartermaster-general embrace the quartermaster-general and adjutant-general of the army from the date of and adjutantthe act.

general.

10 Stat. 575.

317. The pay of the non-commissioned officers, musicians and privates (m) of the army 4 Aug. 1854 ? 1. of the United States shall be increased at the rate of four dollars per month, and to continue for the term of three years from and after the first day of January next, and until otherwise fixed by law.

Ibid. 23.

318. Soldiers who served in the war with Mexico and received a certificate of merit for distinguished services, as well those now in the army as those that may hereafter enlist, Extra pay to shall receive the two dollars per month to which that ccrtificate would have entitled them meritorious solhad they remained continuously in the service.

diers who reeulist.

Ibid 4.

Certain non-com

319. Non-commissioned officers, who, under the authority of the 17th section of the act approved March 3d 1847, (n) were recommended for promotion by brevet to the lowest grade of commissioned officer, but did not receive the benefit of that provision, shall be missioned officers entitled, under the condition recited in the foregoing section, to the additional pay authcrized to be given to such privates as received certificates of merit.

320. The allowance to soldiers employed at work on fortifications, in surveys, in cutting roads, and other constant labor, of not less than ten days, authorized by the act approved

to receive es ra

pay.

Ibid. 26.

() Extended by act 3 March 1847. 20, infra. 316, to the quar termaster-general and adjutant-general of the army.

(1) Paymasters, surgeons and assistant-surgeons are entit! 1 under this act, to forage for one horse only. 4 Opin. 415. So also, are the professors of the military academy, and the commandant of the corps of cadets at West Point. 5 Opin. 1.

(k) See supra, 306. This act is to be regarded as prospective la its operation: it does not unsettle accounts for antecedent service. 5 Opin. 72.

Extra pay for fatigue duty.

4 August 1854. March 2d 1819, (a) entitled "An act to regulate the pay of the army when employed or fatigue duty," be increased to twenty-five cents per day for men employed as laborers and teamsters, and forty cents per day, when employed as mechanics, at all stations east of the Rocky Mountains, and to thirty-five cents and fifty cents per day respectively, when the men are employed at stations west of those mountains.(b)

21 Feb. 1857 @ 1. 11 Stat. 163.

Pay of officers increased.

Ibid. 2. Chaplains.

3 March 1857 1. 11 Stat. 252.

3 March 1849 1. 9 Stat. 414.

Payment to be

made for horses lost in the military service.

In what cases.

Deductions.

Ibid. 2.

Payment for pro

perty captured, destroyed, &c.

Ibid. 83.

How claims to be adjusted.

321. From and after the commencement of the present fiscal year, the pay of each commissioned officer of the army, including military storekeepers, shall be increased twenty dollars per month, and that the commutation price of officers' subsistence shall be thirty cents per ration.

322. That the secretary of war be authorized, on the recommendation of the council of administration, to extend the additional pay herein provided to any person serving as chaplain, at any post of the army.

323. The pay of the cadets at the military academy at West Point shall hereafter be thirty dollars per month.

XVIII. COMPENSATION FOR PROPERTY Destroyed.

324. Any field, or staff, or other officer, mounted militia-man, volunteer, ranger or cavalry, engaged in the military service of the United States since the 18th of June 1812, or who shall hereafter be in said service, and has sustained, or shall sustain damage without any fault or negligence on his part, while in said service, by the loss of a horse in battle, or by the loss of a horse wounded in battle, and which has died or shall die of said wound, or, being so wounded, shall be abandoned, by order of his officer, and lost, cr shall sustain damage by the loss of any horse by death or abandonment because of the unavoidable dangers of the sea when on board an United States transport vessel, or because the United States failed to supply transportation for the horse, and the owner was compelled by the order of his commanding officer to embark and leave him, or in consequence of the United States failing to supply sufficient forage, or because the rider was dismounted and separated from his horse and ordered to do duty on foot at a station detached from his horse, or when the officer in the immediate command ordered, or shall order, the horse turned out to graze in the woods, prairies or commons, because the United States failed, or shall fail to supply sufficient forage, and the loss was or shall be consequent thereof, or for the loss of necessary equipage, in consequence of the loss of his horse, as aforesaid, shall be allowed and paid the value thereof, not to exceed two hundred dollars: Provided, That if any payment has been, or shall be, made to any ne aforesaid, for the use and risk, or for forage after the death, loss or abandonment of his horse, said payment shall be deducted from the value thereof, unless he satisfied, or shall satisfy, the paymaster at the time he made, or shall make, the payment, or thereafter show, by proof, that he was remounted, in which case the deduction shall only extend to the time he was on foot: And provided also, If any payment shall have been, or shall hereafter be, made to any person above mentioned, on account of clothing to which he was not entitled by law, such payment shall be deducted from the value of his horse or accoutrements.

325. Any person who has sustained, or shall sustain, damage by the capture or destruction by an enemy, or by the abandonment or destruction by the order of the commanding general, the commanding officer, or quartermaster, of any horse, mule, ox, wagon, cart, boat, sleigh or harness, while such property was in the military service of the United States, either by impressment or contract, except in cases where the risk to which the property would be exposed was agreed to be incurred by the owner; and any person who has sustained, or shall sustain, damage by the death or abandonment and loss of any such horse, mule or ox, while in the service aforesaid, in consequence of the failure on the part of the United States to furnish the same with sufficient forage, and any person who has lost, or shall lose, or has had, or shall have, destroyed by unavoidable accident, any horse, mule, ox, wagon, cart, boat, sleigh or harness, while such property was in the service aforesaid, shall be allowed and paid the value thereof at the time he entered the service: Provided, It shall appear that such loss, capture, abandonment, destruction or death, was without any fault or negligence on the part of the owner of the property, and while it was actually employed in the service of the United States.

326. The claims provided for under this act shall be adjusted by the third auditor, under such rules as shall be prescribed by the secretary of war, under the direction or with the assent of the president of the United States, as well in regard to the receipt of

(a) 3 Stat. 488. This act provided "that whenever it shall be found expedient to employ the army at work on fortifications, in Furveys, in cutting roads and other constant labor, of not less than ten days, the non-commissioned officers, musicians and privates so employed shall be allowed fifteen cents, and an extra gill of whiskey or spirits, each, per day, while so employed." Sergean's of the army, employed as assistant clerks in the

bureaus of the war department, are engaged in other constant labor," within the meaning of this act, and entitled to the extra compensation thereby given. 2 Opin. 706. And so is a quartermaster-sergeant acting as clerk in the office of the quartermaster of the marine corps. 3 Opin. 116.

(b) Extended to soldiers acting as clerks and nurses in hospitals, by act 16 August 1856, 23. 11 Stat. al.

applications of claimants as the species and degree of evidence, the manner in which 3 March 1949. such evidence shall betaken and authenticated; which rules shall be such as in the opinion of the president shall be best calculated to obtain the object of this act, paying a due regard as well to the claims of individuals' justice as to the interest of the United States; which rules and regulations shall be published for four weeks in such newspapers, in which the laws of the United States are published, as the secretary of war shall direct.

Ibid. 4.

327. All adjudications of said auditor upon the claims above mentioned, whether such judgments be in favor of or adverse to the claim, shall be entered in a book provided by Adjudications to him for that purpose, and under his direction; and when such judgments shall be in be recorded. favor of such claim, the claimant or his legal representative shall be entitled to the amount thereof, upon the production of a copy thereof, certified by said auditor, at the treasury of the United States.

Payment.

Ibid. 25.

or guardians of

328. In all instances where any minor has been, or shall be, engaged in the military service of the United States, and was, or shall be, provided with a horse or equipments, Payments to be or with military accoutrement by his parent or guardian, and has died, or shall die, made to parents without paying for said property, and the same has been, or shall be, lost, captured, minora destroyed or abandoned in the manner before mentioned, said parent or guardian shall be allowed pay therefor, on making satisfactory proof, as in other cases, and the further proof that he is entitled thereto by having furnished the same.

Ibid. 26.

Owners furnish

to receive com

329. In all instances where any person other than a minor has been, or shall be, engaged in the military service aforesaid, and has been, or shall be, provided with a horse or equipment, or with military accoutrements by any person, the owner thereof, who has ing horses, &C., isked, or shall take the risk of such horse, equipments or military accoutrements on pensation. himself, and the same has been, or shall be, lost, captured, destroyed or abandoned in the manner before mentionod, such owner shall be allowed pay therefor, on making satisfactory proof, as in other cases, and the further proof that he is entitled thereto, by having furnished the same, and having taken the risk on himself.

Ibid. 27.

330. In all cases where horses have been condemned by a board of officers, on account of their unfitness for service, in consequence of the government failing to supply forage, Horses becoming all such horses and their equipage shall be allowed and paid for, whenever the facts shall unserviceable for want of forage tc be proven, by legal and satisfactory evidence, whether oral or written, that such be paid for condemned horse and the equipage was turned over to a quartermaster of the army, whether any receipt therefor was given and produced or not.

XIX. GENERAL PROVISIONS.

2 Stat. 671.

331. When an officer is detached to serve as brigade major or aid, cr as an assistant to 11 Jan. 1812 3 5. the adjutant-general or inspector-general, on the appointment of a general officer, cr as adjutant or quartermaster on the appointment of a colonel, he shall not thereby lose Officers detached

his rank.

not to lose rank.

Ibid. 16.

Penalties for

332. If any non-commissioned officer, musician or private, shall desert the service of the United States, he shall, in addition to the penalties mentioned in the rules and articles of war, be liable to serve for and during such a period as shall, with the time he desertion. may have served previous to his desertion, amount to the full term of his enlistment; and such soldier shall and may be tried by a court martial, and punished, although the term of his enlistment may have elapsed previous to his being apprehended or tried.

Ibid. 17.

arms, &c.

board of ship.

333. Every person not subject to the rules and articles of war, who shall procure or entice a soldier in the service of the United States, to desert; or who shall purchase from For enticing sol any soldier, his arms, uniform clothing, or any part thereof; and every captain or com- diers to desert. manding officer of any ship or vessel, who shall enter on board such ship or vessel as one For purchasing of his crew, knowing him to have deserted, or otherwise carry away, any such soldier, For receiving or shall refuse to deliver him up to the orders of his commanding officer, shall, upon legal deserters on conviction, be fined at the discretion of any court having cognisance of the same, in any sum not exceeding three hundred dollars, and be imprisoned any term not exceeding one year. 334. Every officer, non-commissioned officer, musician and private, shall take and subscribe the following oath or affirmation, to wit: 'I, A. B., do solemnly swear or Oath of officer: affirm, (as the case may be,) that I will bear true faith and allegiance to the United States and soldiers. of America, and that I will serve them honestly and faithfully against their enemies or opposers whomsoever; and that I will observe and obey the orders of the president of the United States, and the orders of the officers appointed over me, according to the rules and articles of war."

335. No non-commissioned officer, musician or private, during the term of his service, shall be arrested on mesne process, (a) or taken or charged in execution for any debt or

Ibid. 18.

Ibid. 21.

(a) An enlistment by a person under arrest for debt will not relieve him from the civil process Field's Case, 5 Hall's L. J. 474.

Ibid. 22.

11 Jan. 1812. debts contracted before enlistment, which were severally under twenty dollars at the time of contracting the same, (a) nor for any debt whatever contracted after enlistment.(b) 336. Whenever any officer or soldier shall be discharged from the service, except by Allowance to dis way of punishment for any offence, he shall be allowed his pay and rations, or an equiva charged soldiers. lent in money, for such term of time as shall be sufficient for him to travel from the place of discharge to the place of his residence, computing at the rate of twenty miles to a day.

5 July 18382 31 5 Stat. 260.

337. The officers of the army shall not be separated from their regiments and corps for employment on civil works of internal improvement, or be allowed to engage in the Officers not to be service of incorporated companies; and no officer of the line of the army shall hereafter engaged in civil works, &c. be employed as acting paymaster, or disbursing agent for the Indian department, if such extra employment require that he be separated from his regiment or company, or otherwise interfere with the performance of the military duties proper.

8 March 1847

9 Stat. 185.

11.

338. So much of any army regulation as gives to any suttler a lien upon any part of the pay of the soldiers, or a right to appear at the pay table to receive the soldier's pay Suttlers to have from the paymaster, shall be, and the same is hereby, abrogated; and all regulations extending the rights and privileges of suttlers beyond the rules and articles of war, shall be, and hereby are, abrogated.

no lien on sol

diers' pay.

21 Sept. 1789 233. 1 Stat. 91.

nisance.

5. Or shall. in future, be so abolished.

6. Abolished in the District of Columbia.

I. IN CRIMINAL CASES.

1. For any crime or offence against the United States, the offender may, by any justice or judge of the United States, (c) or by any justice of the peace or other magistrate of By whom crimiany of the United States where he may be found, (d) agreeably to the usual mode of nals may be arrested, and im- process against offenders in such state, (e) and at the expense of the United States, be prisoned or bailed. arrested, and imprisoned or bailed, as the case may be, for trial before such court of the United States as by this act has cognisance of the offence. And copies of the process Return of recog- shall be returned as speedily as may be into the clerk's office of such court, together with the recognisances of the witnesses for their appearance to testify in the case; which recognisances the magistrate before whom the examination shall be, may require Removal for trial. On pain of imprisonment. And if such commitment of the offender, or the witnesses shall be in a district other than that in which the offence is to be tried, it shall be the duty of the judge of that district (g) where the delinquent is imprisoned, seasonably to issue, and of the marshal of the same district to execute, a warrant for the removal of the offender, and the witnesses, or either of them, as the case may be, to the district in which the trial is to be had. And upon all arrests in criminal cases, bail shall be bailable, except, admitted, except where the punishment may be death, in which cases it shall not be admitted but by the supreme (h) or a circuit court, or by a justice of the supreme court, or a judge of a district court, who shall exercise their discretion therein, regarding the nature and circumstances of the offence, (i) and of the evidence, and the usages of law. And if a person committed by a justice of the supreme or a judge of a district court for

Prisoners to be

&c.

Who may take bail.

(a) See Roode's Case, 2 Wh. Cr. Cas. 541.

(b) The laws of the United States do not prohibit persons enlisted in the military service from bringing actions to recover damages, in state courts, for assault and batteries committed on them by non-commissioned officers within the limits of a fort. 3 Opin. 498.

(e) The power to arrest for an offence against the United States is here given in general terms; and so far as respects a judge or justice of the United States. it is not confined to his district or circuit, but his warrant will run throughout the United States. 2 Opin. 564.

(d) The same power is given to the commissioners appointed by the circuit courts; infra, 2. This section, so far as it confers the power to commit for offences against the United States, upon state officers, is not unconstitutional. Ex parte Rhodes, 2 Wh. Cr. Cas. 559. See contra, United States v. Almeida, Ibid. 576.

(e) This reference to the state law respecting the mode of process does not overrule the preceding general words and limit the power of arrest to cases in which according to the state laws a person might be arrested, but simply prescribes the mode to be pursued. Whenever by the laws of the United States an offender is to be arrested, the process of arrest employed in the state must

be pursued; but an arrest is positively enjoined for any offence against the United States. 2 Burr's Trial, 483. See United States v. Burr, 2 Wh. Cr. Cas. 573. United States v. Rundlett, 2 Curt. C. C. 43-4.

(g) Offenders committed to prison in a district other than that in which the ofence is to be tried, may be removed to the latter for trial. by a warrant of the judge of the district where they are imprisoned. 1 Opin. 404. The due course of law is. that any indi vidual, on an accusation against him, may be committed. if the offence be proved. The circuit judge may inquire, whether the crime have been committed in the United States or not; and, if committed within the United States. he is to cominit him; and then the district judge is to remove him to the district where the crime was committed. 2 Burr's Trial, 451.

(4) The supreme court has jurisdiction to bail a person com mitted for trial on a criminal charge by a district judge. United States ». Hamilton, 3 Dall. 17.

(4) The circumstances must be very strong, which will, at any time, induce the court to admit a person to bail, who stands charged with high treason United States v. Stewart, 2 Dall. 313-5.