768. Enlistments must not be antedated so as to entitle a soldier, who applies after the period for "re-enlisting" has expired, to any additional pay therefor.-[Regs. 1863, ¶942.]

769. Enlistments must be filled up in a fair and legible hand. The real name of the recruit must be ascertained, correctly spelled, and written in the same way wherever it occurs; the Christian name must not be abbreviated. Numbers must be written, and not expressed by figures. Each enlistment must be indorsed as indicated on the blanks furnished, the number in each month to correspond with the names alphabetically arranged.-[Regs. 1863, ¶ 963. ] 770. Whenever a soldier re-enters the service, the officer who enlisted him will indorse on the enlistment, next below his own name and regiment, "second (or third) enlistment," as the case may be, together with the name of the regiment and the letter of the company in which the soldier last served, and date of discharge from former enlistment. This information the recruiting officer must obtain, if possible, from the soldier's discharge, which he should in all cases be required to exhibit. (Vide 50th Article of War.)-[Regs. 1863, ¶ 963.]

771. The filling up of, and indorsement on, the enlistment will be in the handwriting of the recruiting officer, or done under his immediate inspection.-[Regs. 1863, ¶ 963.]

772. Enlistments will be taken in triplicate. The recruiting officer will send one copy to the Adjutant General with his monthly accounts, a second to the Superintendent with his monthly return, and a third to the depot at the time the recruit is sent there. But, in cases of soldiers re-enlisted in a regiment, or of regimental recruits, only two copies will be made, which will be sent to regimental headquarters-one copy for file, the other to accompany the regimental recruiting return.-[Regs. 1863, ¶ 940.]

773. When Ordnance Sergeants, Commissary Sergeants, or Hospital Stewards re-enlist, the recruiting officer will immediately send the second copy of the enlistment direct to the Adjutant General, and the third copy to the station of the soldier.-[Regs. 1863, ¶ 941; G. O. 38, 1873.]

774. Officers who enlist or re-enlist men who have been discharged from the Regular Army will immediately notify the commanding officer of the company from which the man was discharged of the fact of his enlistment or re-enlistment, giving also the arm of the service or the designation of the organization to which he is assigned. The recruiting officer will also enter the fact of such enlistment or re-enlistment, with the date and place at which it was made, upon the certificate of discharge from his former enlistment, which the soldier ought to have in his possession.-[G. O. 268, 1864; G. O. 2, 1876.]

775. On receiving the report to be made under the preceding paragraph, the commander of the company from which the man was discharged will record the fact in the company descriptive

book. Should it appear that the man has used deception in procuring his enlistment, it will be immediately reported to the Adjutant General.-[G. O. 2, 1876.]

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784. It is the duty of the recruiting officer to be present at the examination of the recruit by the Medical officer, when one is provided for this purpose. When there is no Medical officer, the recruiting officer will personally make the examination.—[Regs. 1863, ¶ 937; Circ. A. G. O., April 23, 1874.]

785. In passing a recruit the Medical officer is to examine him stripped; to see that he has free use of all his limbs; that his chest is ample; that his hearing, vision, and speech are perfect; that he has no tumors or ulcerated or extensively cicatrized legs; no_rupture or chronic cutaneous affection; that he has not received any contusion, or wound of the head, that may impair his faculties; that he is not a drunkard; is not subject to convulsions; and has no infectious disorder, nor any other that may unfit him for military service.-[ Regs. 1863, ¶ 1297.]

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805. For recruits who, after assignment and before joining their regiments or stations, desert and are arrested and delivered at any military post or recruiting station transportation will be furnished from that military post or station to such places as they may be sent. If arrested by an officer of the Army, transportation will be provided from the place of arrest. When deserters are arrested by or delivered to recruiting officers, the transportation, when necessary, may be provided by such officers, and paid for out of recruiting funds, the amount so paid to be reimbursed to the recruiting fund, in all cases where the desertion is after assignment, from the appropriations for the Quartermaster's Department, by the Treasury Department, in the settlement of accounts therefor. The accounts will state whether the amount was paid for the transportation of a deserter, assigned or unassigned, as the case may be.-[G. O. 40, 1877.]

814. Regiments will be furnished with field music on the requisitions of the commanders, made, from time to time, direct on the Adjutant General; and, when requested by regimental commanders, the Adjutant General will endeavor to have suitable men selected from the recruits, or enlisted, for the regimental bands.-[Regs. 1863, ¶ 969; Circ. A. G. O., April 23, 1874.]

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REGIMENTAL RECRUITING SERVICE.

830. The commander of a regiment is the Superintendent of the recruiting service for his regiment.-[Regs. 1863, ¶ 986.]

831. When men are enlisted by regimental recruiting officers,

the principles governing the General Service in regard to qualifications of recruits will be observed.--[ Regs. 1863, ¶ 986.]

833. To prevent deserters at large and men who have been discharged with bad character from imposing themselves again upon the service, no enlistments will be made by company officers, or at posts, without special authority in each case, except when the man has been honorably discharged from the same company or post within one month previous to his application, so that his character is known. In all other cases, application will be made to the Adjutant General for authority to enlist the man-naming him—and, if a discharged soldier, giving his last company and regiment, and such evidence of good character as can be obtained. Enlistments, when made under such conditions, may bear the date of the application.--[G. O. 126, 1874.]

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RULES FOR MAKING ACCOUNTS.

835. The following rules must be observed in making out and forwarding accounts and papers: *

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16. To facilitate the final settlement of accounts of discharged soldiers, the name of the State, as well as the town, where each recruit is enlisted, will be recorded on all muster, pay, and descriptive rolls.

17. All copies of papers to accompany letters or accounts should be certified by a disinterested officer as "true copies."

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ARTICLE LVI.

SOLDIERS' HOME,

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836. Application for admission to the Soldiers' Home, near Washington, D. C., should be made to the Adjutant General of the Army for reference to the Board of Commissioners.-[ War Dept., June 27, 1868.]

837. When a soldier, by reason of old age and long service, or of disability contracted in line of duty, becomes a candidate for admission to the Soldiers' Home, his company commander will so report, through proper military channels, to the Adjutant General of the Army, giving all details that may be needed for a full understanding of the case.

This report will be referred to the Board of Commissioners of the Home, and if, in their opinion, the soldier is entitled to become an inmate, the necessary authority will be given to order him to Washington for temporary admission to the Soldiers' Home.

The Governor of the Home shall, in less than thirty days, report the man's physical condition to the Adjutant General, with a view to his return to duty or discharge from the service.

The descriptivo list, which should be sent by mail, should give full particulars in regard to physical condition and the circumstances under which any disability may have been contracted.-[G. O. 37, 1880.]

838. It is expected that men already discharged from the Army, and entitled to admission to the Home, will bear their own expenses in reaching it. Urgent exceptional cases may be reported to the Adjutant General for decision of the Secretary of War. The transportation, by the Quartermaster's Department, of persons to the Soldiers' Home is forbidden, unless it is ordered by the Secretary of War on the application of the Board of Commissioners of the Soldiers' Home.-Dec. Sec. War, G. O. 54, 1877.]

839. No commanding officer is authorized to give orders to issue clothing or subsistence, to be repaid from the funds of the Home. -[War Dept., April 25, 1878.]

ARTICLE LVII.

THE GOVERNMENT HOSPITAL FOR THE INSANE.

840. The insane of the military service will be sent by Department Commanders, under proper escort, to Washington, where the patients will be reported to the Adjutant General of the Army to procure the order of the Secretary of War. The application for admission to the Hospital should be forwarded in time to reach the Adjutant General at least one day before the arrival of the patient in Washington. The application will set forth a full description of the patient, and will be accompanied by a certificate from a Medical officer as to duration of insanity, whether developed before enlistment or employment in the military service, and, if possible, a diagnosis of the case. If the patient be a soldier, his descriptive list and clothing account will also be furnished.-[Ap. B, Regs. 1863, ¶5; G. O. 88, 1877.]

841. On the departure of the patient from his station, the commanding officer will give such orders to the person in charge as will provide for the transportation of the necessary attendance to the institution and back again to their posts, and for their subsistence, either in kind or by commutation, during their absence. -[Ap. B, Regs. 1863, ¶ 6.]

842. To obtain the release of a patient when cured, or his delivery to the care of friends, application must be made to the Adjutant General, accompanied by the recommendation of the Superintendent of the Hospital.-[Ap. B, Regs. 1863, ¶ 7.]

843. After a soldier has, in the usual manner, been reported a fit subject for admission to the Government Hospital for the Insane,

and is ordered to be sent to Washington, his company commander will forward, with his "descriptive list," certificates of disability made out and signed in the usual manner. The man will not be discharged at the post, nor will the order be given for his discharge by the Department Commander, but his discharge will be ordered from the Adjutant General's Office, after his arrival at the Hospital. -[G. O. 88, 1877.]

ARTICLE LVIII.

EMPLOYMENT OF CIVIL COUNSEL.

844. The subject of employment of counsel at the expense of the United States is solely in charge of the Department of Justice. -[G. O. 63, 1873.]

845. When a necessity arises for an attorney or counselor to defend or advise officers and others connected with the military service, in cases connected with their public duties, request, with report of the facts, will be made to the Adjutant General through the regular military channels, except in cases which will not admit of delay, when the request may be sent direct.-[G. O. 63, 1873; G. O. 15, 1874.]

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847. Officers and others in the military service employing an attorney or counselor without being specially authorized to do so will be required to pay the expenses attendant upon such employment.-[G. O. 15, 1874.]

848. Officers of the Army desiring an official opinion from the Attorney-General must apply for it through the proper military channels.-[G. O. 15, 1874.]

HABEAS CORPUS.

849. A State judge has no jurisdiction to issue a writ of habeas corpus, or to continue proceedings under the writ when issued, for the discharge of a person held under the authority, or claim and color of the authority, of the United States by an officer of that Government. If upon the application for the writ it appears that the party alleged to be illegally restrained of his liberty is held under the authority, or claim and color of the authority, of the United States, by an officer of that Government, the writ should be refused. If this fact do not thus appear, the State judge has the right to inquire into the cause of imprisonment, and ascertain by what authority the person is held within the limits of the State; and it is the duty of the marshal, or other officer having the custody of the prisoner, to give, by a proper return, information in this respect. But after he is fully apprised by the return that the party is held by an officer of the United States, under the authority, or claim and color of the authority, of the United States, he can proceed no further.