law or regulations, he shall assemble a Board of Inspection to examine into the case. A board may also be assembled in a special case, when a concealed defect may become manifest in a recruit, at any time during his detention at the depot.-[Regs. 1863, ¶ 976; G. O. 126, 1874.]

822. Every draft of recruits ordered from a depot to any regiment or post shall, immediately preceding its departure, be critically inspected by the Superintendent or commanding officer and surgeon; and, when necessary, a Board of Inspection will be convened. No recruit not fit for the service must be sent to a regiment.-[Regs. 1863, ¶977.]

823. The Boards of Inspection at recruiting depots must reject any man found to have borne an unsatisfactory character on any previous enlistment, or who has shown such character since enlistment.-[G. O. 126, 1874.]

824. In all cases of rejection, the reasons therefor will be stated at large in a special report, to be made by the board, which will also show when, where, and by whom the recruit was enlisted. This report, together with the Surgeon's certificate of disability for service, will be forwarded by the Superintendent or commandant of the post direct to the Adjutant General. In all such cases the commanding officer will cause the articles of clothing which may have been issued to the recruit, with the price of each article, to be indorsed on the certificates of disability. If the recommendation of the board for the discharge of the recruit be approved, the authority therefor will be indorsed on the certificate, which will be sent back to be filled up and signed by the commanding officer, who will return the same to the Adjutant General's Office.-[Regs. 1863, ¶ 980.]

825. The board will state in the report whether the disability, or other cause of rejection, existed before his enlistment; and whether, with proper care and examination, it might not have been discovered.—[ Regs. 1863, ¶ 981.]

826. In all cases the Superintendent or the commanding officer will cause an extract from the proceedings of the Board of Inspection to be furnished the officer making the enlistment. Upon receipt of this extract the officer will promptly render a special report in explanation to the Adjutant General.—[ Recrtg. Regs., Dec. 2, 1863, ¶ 980.]

RECRUITS SENT TO REGIMENTS.

827. An officer intrusted with the command of recruits ordered to regiments will, on arriving at the place of destination, forward the following papers:

1. To the Adjutant General and the Superintendent, each, a descriptive roll and an account of clothing of such men as may have deserted, died, or been left on the route from any cause whatever, with date and place; also, a special report of the date of his arrival at the post, the strength and condition of the party when turned over to the commanding officer, and all circumstances worthy of remark which may have occurred on the march.

2. To the commanding officer of the regiment or post, the muster and descriptive roll furnished him at the time of setting out, properly signed and completed by recording the names of the recruits present, and by noting in the column for remarks, opposite the appropriate spaces, the time and place of death, desertion, apprehension, or other casualty that may have occurred on the route.-[Regs. 1863, ¶ 982.]

828. Should an officer be relieved in charge of a party of recruits en route, before it reaches its destination, the date and place, and name of the officer by whom he is relieved, must be recorded on the roll of the party.-[Regs. 1863, ¶ 983. ]

829. The "original muster and descriptive roll" of every draft, with remarks showing the final disposition of each recruit, and the regiment and letter of the company to which he may be assigned, will be signed and forwarded to the Adjutant General by the commanding officer who makes the assignment. If the recruits embraced in one roll happen to be assigned to different posts, the original roll is to continue with the last party to its destination, each commander completing it so far as concerns the recruits left at his post. When this is not practicable, extracts from the original roll are to be made by the authority which distributes the recruits, to accompany the several parties, and to be forwarded to the Adjutant General, as in case of the original roll.-[Regs. 1863, ¶ 984.]

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.]

832. As a rule, recruiting funds will not be furnished for the regimental service. When special authority is given to open a temporary rendezvous, or detach a party to recruit companies which have become reduced, requisition for funds will be made by the regimental commander upon the Adjutant General.-[Regs. 1863, ¶ 986.]

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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.]

ACCOUNTS AND RETURNS.

834. The following are the accounts, returns, &c., to be rendered by officers on recruiting service:

To the Adjutant General.

1. Estimates for funds by Superintendents, monthly.

2. Recruiting accounts current, in duplicate, with one set of vouchers and enlistments, monthly. An account will be rendered by every officer who may receive funds, whether he makes any disbursements or not during the month.

3. Abstract of disbursements, in duplicate, monthly.

4. Quarterly return of property purchased with recruiting fund, with vouchers for

saine.

5. A muster-roll of all enlisted men at the rendezvous, including the names of all who may have joined, whether by enlistment or otherwise, died, deserted, been trans ferred, or discharged during the two months embraced in the muster roll. (Vide § 11 of this paragraph.)

6. Tri-monthly reports of the state of the recruiting service by recruiting officers, according to the prescribed form.

7. Depot tri-monthly reports of the state of the recruiting service, by Superintendents, according to the prescribed form.

8. Monthly and weekly reports of recruiting funds.

9. Descriptive list of deserters, monthly.

To the Superintendent.

10. A monthly return of recruits and of the recruiting party, accompanied with one copy of the enlistment of every recruit enlisted within the month.

ii. Duplicate muster-rolls for pay of the permanent recruiting party, which may be sent direct to the nearest paymaster, when authorized by the superintendent. A duplicate of this roll will be retained at the station. (Vide § 5 of this paragraph.)

12. Muster and descriptive rolls, and an account of clothing of every detachment of recruits ordered to the principal depot. If the recruits be ordered to proceed from the rendezvous direct, to join any regiment or post, these rolls and accounts of clothing will be delivered to the officer commanding the detachment, a duplicate of each muster and descriptive roll only being then made and sent to the Superintendent. 13. Monthly estimates for funds.

14. Estimates for clothing, and camp and garrison equipage, monthly; and for arms and accoutrements, for six or twelve months, or for such times as may be directed by the Superintendent.

15. Tri-monthly report. Copy sent to Superintendent.

To the Quartermaster General.

16. (When required to disburse Quartermaster's funds or to receive property belonging to that Department.) Such money and property-accounts as may be required by the regulations of that Department.

To the Commissary General of Subsistence.

17. (When required to disbarse Subsistence funds, or to receive property belonging to that Department.) Such money and property-accounts as may be required by the regulations of that Department.

To the Chief of Ordnance.

18. A quarterly return of arms, accoutrements, ammunition, and of all Ordnance stores.-[Regs. 1863, ¶ 962; Circ. A. G. O., April 23, 1874; Circ. A. G. O., April 12, 1876; A. G. O., May 4, 1876.]

RULES FOR MAKING ACCOUNTS

$35. The following rules must be observed in making out and forwarding accounts and papers:

1. Rolls, returns, and accounts will be accompanied by a letter of transmittal enumerating them, and referring to no other subject.

2. Letters addressed to the Adjutant General "on recruiting service" will be so indorsed on the envelopes, under the words "official business," with a note of contents, as-"Regular rolls and returns," "Certificates of disability," "For books and blanks,"

&c.

3. The funds of one Department or of any one appropriation must not be used to liquidate the debts of any other.

4. When an officer's station is changed, or he is temporarily relieved from recruitting duties, his money accounts will not be closed; they will be kept open until the end of the month, so that all money received and disbursed in the month may be embraced in one account. 5. Officers, in signing accounts and papers, must give their rank and regiment or corps.

6. Each voucher must be separately entered on the abstract of contingent expenses, and only the gross amount of the abstract must be entered on the account current. 7. No expenditure must be charged without a proper voucher to support it.

8. The receipt to the voucher must be signed, when practicable, by a principal. When this is not practicable, the recruiting officer will add to his own certificate a statement that the agent is duly authorized to sign the receipt.

9. When an individual makes "his mark," instead of signing his name to a receipt, it must be witnessed by a third person.

10. Expenditures must be confined to items stated in the Regulations. In an unforeseen emergency, requiring a deviation from this rule, a full explanation must be appended to the voucher for the expenditure; and, if this be not satisfactory, the account will be charged in the Treasury against the recruiting officer.

11. In all vonchers the different items, with date and cost of each, must be given. To vouchers for transportation of officers, a copy of the order under which the journey was performed must be appended, and, when paid by check, each voucher should exhibit on its face the number and date of check, and depository on which it was drawn. 12. In vouchers for medical attendance and medicines, the name of each patient, date of, and charge for, each visit, and for medicine furnished, must be given, and the certificate of the physician added that the rates charged are the usual rates of the place.

13. Monthly accounts current must exhibit the numbers of Treasury drafts and dates of their receipt; and when funds are transferred, the names of officers from whom they are received, or to whom they are turned over, with the dates of transfer. 14. Fractions of cents are not to be taken up on accounts current.

15. Whenever bounty for re-enlisting is allowed by law, re-enlistments must be forwarded with recruiting accounts, although any bounty due on them may not be paid. When the bounty is subsequently paid, the soldier's receipt is to be taken on a voucher showing date and place of re-enlistment, company and regiment, and by whom re-enlisted.

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."

18. Each voucher should be complete in itself, being accompanied by all orders and explanations necessary to make it fully understood.-[Regs. 1863, ¶ 963; Circ. A. G. O., April 23, 1874.]

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ARTICLE LVI.

SOLDIERS' HOME,

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 descriptive 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.]

846. The Adjutant General shall promptly submit all such requests to the Secretary of War for reference to the Department of Justice.-[G. O. 63, 1873.]

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.

These principles applied to a case where a habeas corpus was issued by a court commissioner of one of the counties of Wisconsin to a recruiting officer of the United States, to bring before him a person who had enlisted as a soldier in the Army of the United States, and whose discharge was sought on the alleged ground that he was a minor under the age of eighteen years at the time of his enlistment, and that he enlisted without the consent of his father. The petition for the writ alleging that the prisoner had enlisted as a soldier and been mustered into the military service of the National Government, and was detained by the officer as such soldier-this court held that the court commissioner had no jurisdiction to issue the writ for the discharge of the prisoner, as it thus appeared upon the petition that the prisoner was detained under claim and color of the authority of the United States by an officer of that Government; and that if he was illegally detained, it was for the courts or judicial officers of the United States, and for those courts or officers alone, to grant him release.-[Op. Sup. Ct. U. S., in G. O. 16, 1872.]

850. Should a writ of habeas corpus be served upon an Army officer by a civil magistrate or court of any State, commanding him to produce an enlisted man, or show cause for his detention, the officer will make respectful return that the man is a duly enlisted soldier of the United States, and that the Supreme Court of the United States has decided, in such case, that a magistrate or a court of a State has not jurisdiction.— [War Dept., July 18, 1871.]

ARTICLE LIX.

EMPLOYMENT OF TROOPS AS A POSSE COMITATUS.

[G. O. 71, 1878.]

851. It shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section; and any person willfully violating the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine not exceeding ten thousand dollars or imprisonment not exceeding two years, or by both such fine and imprisonment.-[Act approved June 18, 1878, sec. 15.]

852. The provisions of the Constitution and of acts of Congress understood as intended to be excepted from the operation of the above section, authorizing the employment of the military forces for the purpose of executing the laws, are as follows:

§4. The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the execu tive (when the legislature cannot be convened), against domestic violence.-(Art. IV, Cons.]

[Revised Statutes of the United States.]

TITLE XXIV.-Civil Rights.

SEC. 1984. The commissioners authorized to be appointed by the preceding section (Sec. 1983) are empowered, within their respective counties, to appoint, in writing, under their hands, one or more, suitable persons, from time to time, who shall execute all such warrants or other process as the commissioners may issue in the lawful performance of their duties, and the persons so appointed shall have anthority to summon and call to their aid the bystanders or posse comitatus of the proper county, or such portion of the land and naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with which they are charged; and such warrants shall run and be executed anywhere in the State or Territory within which they are issued.

SEC. 1989. It shall be lawful for the President of the United States, or such person as he may empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia, as may be necessary to aid in the execution of judicial process issued under any of the preceding provisions, or as shall be necessary to prevent the violation, and enforce the due execution of the provisions of this Title.

SEC. 1991. Every person in the military or civil service in the Territory of New Mexico shall aid in the enforcement of the preceding section. (Abolishing peonage.)