FOREIGN DECORATIONS. rations not to be 1005. That no decoration, or other thing, the acceptance Foreign deco. of which is authorized by this act, and no decoration here- worn. Sec. 2, Jan. 31, tofore accepted, or which may hereafter be accepted, by 1881, v. 21, p. 80. consent of Congress, by any officer of the United States, from any foreign government, shall be publicly shown or exposed upon the person of the officer so receiving the same. Sec. 2, act of January 31, 1881 (21 Stat. L., 80). etc., how ten Sec. 3, ibid. 1006. That hereafter any present, decoration, or other Decorations, thing, which shall be conferred or presented by any foreign dered. government to any officer of the United States, civil, naval, or military, shall be tendered through the Department of State, and not to the individual in person, but such present, decoration, or other thing shall not be delivered by the Department of State unless so authorized by act of Congress. Sec. 3, ibid. MEDALS OF HONOR. honor. 8.6, v. 12, p. 751. J. R. 51, May 2, 1896, v. 29, p. 473. 1007. That the President cause to be struck, from the Medals of dies recently prepared at the United States mint for that purpose, "medals of honor" additional to those authorized by the act (resolution) of July 12, 1862, and present the same to such officers, noncommissioned officers, and privates as have most distinguished, or may hereafter most distinguish, themselves in action. Sec. 6, act of March 3, 1863. That the Secretary of War be, and he is hereby, authorized to issue to any person to whom a medal of honor has been awarded, or may hereafter be awarded, under the provisions of the joint resolution approved July twelfth, eighteen hundred and sixty-two, and the act approved March third, eighteen hundred and sixty-three, a rosette or knot to be Rosette, or knot, and ribworn in lieu of the medal, and a ribbon to be worn with bon. the medal; said rosette, or knot, and ribbon to be each of a pattern to be prescribed and established by the President of the United States, and any appropriation that may hereafter be available for the contingent expenses of the War Department is hereby made available for the purposes of this act: Provided, That whenever a ribbon issued under the provisions of this act shall have been lost, destroyed, or rendered unfit for use, without fault or neglect on the part of the person to whom it is issued, the Secretary of War shall cause a new ribbon to be issued to such person New riopon. without charge therefor. Joint Resolution No. 51, May 2, 1896 (29 Stat. L., 473). This provision was not embraced in the Revised Statutes. Medals of honor will be awarded by the President to officers and men who most distinguish themselves in action. (Par. 177, A. R., 1895.) CERTIFICATES OF MERIT. Certificate merit. of 61, s. 17, v. 9. p. 1008. That when any enlisted man of the Army shall Mar. 3, 1847, c. have distinguished himself in the service the President 186: Aug. 4, 1854, may, at the recommendation of the commanding officer of p. 575; Feb. 9, the regiment or the chief of the corps to which such en1891, v. 26, p. 737; c. 247, s. 3, v. 10, Mar. 29, 1892, v. listed man belongs, grant him a certificate of merit. 27, p. 12. Certificate of merit. Sec. 1285, R. S. Act Sec. 1216,R. S. of March 29, 1892 (27 Stat. L., 12). A certificate of merit granted to an enlisted man for distinguished service shall entitle him, from the date of such service, to additional pay at the rate of two dollars per month while he is in the military service, although such service may not be continuous.1 Sec. 2, act of February 9, 1891 (26 Stat. L., 737). Army corps badges. Public Res. No. 73, v. 15, p. 261. Sec. 1227,R. S. CORPS BADGES AND INSIGNIA OF SOCIETIES. 1009. All persons who have served as officers, noncomJuly 25, 1868, missioned officers, privates, or other enlisted men, in the Regular Army, volunteer or militia forces of the United States, during the war of the rebellion, and have been honorably discharged from the service, or still remain in the same, shall be entitled to wear, on occasions of ceremony, the distinctive Army badge ordered for or adopted by the Army corps and division, respectively, in which they served. 1010. That the distinctive badges adopted by military be worn by Army Societies of men who served in the armies and navies of the "J. R. No. 50, United States in the war of the Revolution, the war of eighteen hundred and twelve, the Mexican war, and the war of the rebellion, respectively, may be worn upon all occasions of ceremony by officers and enlisted men of the Army and Navy of the United States, who are members of said organizations in their own right. Joint resolution No. 50, of September 25, 1890 (26 Stat. L., 681). Military soci ety badges may and Navy. Sept. 25, 1890, v. 26, p. 681. Badge of Regu lar Army and may be worn. 1011. That the distinctive badge adopted by the Regular Navy Union Army and Navy Union of the United States may be worn, J. R. No. 26, in their own right, upon all public occasions of ceremony by officers and enlisted men of the Army and Navy of the United States who are members of said organization. Joint resolution No. 26, of May 11, 1894 (28 Stat. L., 583). May 11, 1894, v. 28, p. 583. A certificate of merit granted to an enlisted man for distinguished service entitles him, from the date of such service, to additional pay at the rate of $2 per month while in the Army, although such service may not be continuous. (Par. 1370 A. R., 1881.) If the soldier be discharged before the certificate is issued, it will be retained in the Adjutant-General's Office until called for, when proof of the identity of the applicant will be required. Should he die before receiving his certificate, it will be deposited in the office of the Auditor the for War Deparment for the benefit of his beirs. (Par. 181, A. R., 1895.) Section 1285 of the Revised Statutes, as amended by section 2 of the act of February 9, 1891 (26 Stat. L., 737), is retroactive and relates to the date upon which the distinguished service was rendered. (McNamara v. U. S., 28 C. Cls. R., 416.) 1019. Premium for recruit. 1020. Fraudulent enlistment. 1021. Reenlistment. 1022. Additional pay. 1023. Period extended to three 1015. Persons not to be enlisted. 1018. Term of enlistment; qualifi- 1025. No pay to be retained. cations for reenlistment. 1012. Recruits enlisting in the Army must be effective and able-bodied men, and between the ages of sixteen and thirty-five years, at the time of their enlistment. This apply to soldiers re-enlisting. limitation as to age shall not 162, s. 30, v. 5, p. 260; Feb. 13, 1862, c. 25, s. 2, v. 12, p. 339; June 21, 1862. Res. 37, v. 12, p. 620; July 17. 1862, c. 200, s. 21, v. 12, p. 597; Feb. 27, 1893, v. 27, p. 486. Sec. 1116, R. S. 1013. Hereafter, in time of peace, no recruit shall be enlisted in the Army for the first time who is over thirty years of age. Act of February 27, 1893 (27 Stat. L., 486). * Enlistment is a contract; but it is one of those contracts which changes the status, and where that is changed no breach of contract destroys the new status or relieves from the obligations which its existence imposes. By enlistment the citizen becomes a soldier. His relations to the State and the public are changed. He acquires a new status, with correlative rights and duties, and although he may violate his contract obligations his status as a soldier is unchanged. He can not of his own volition throw off the garments he has once put on, nor can he, the State not objecting, renounce his relations and destroy his status on the plea that, if he had disclosed truthfully the facts, the other party, the State, would not have entered into the new relations with him or permitted him to change his status. (U. S. v. Grimley, 137 U.S., 147.) Our law not defining enlistment, nor designating what proceeding, or proceedings, shall or may constitute an enlistment, it may be said, in general, that any act or acts which indicate an undertaking, on the part of a person legally competent to do so, to render military service to the United States for the term required by existing law, and an acceptance of such service on the part of the Government, may ordinarily be regarded as legal evidence of a contract of enlistment between the parties, and as equivalent to a formal agreement where no such agreement has been had. The fortyseventh article of war practically makes the receipt of pay by a party as a soldier evidence of an enlistment on his part, estopping him from denying his military capacity when sought to be made amenable as a deserter. The continued rendering of service, which is accepted, may constitute an enlistment. But enlistments in our Army are now almost invariably evidenced by a formal writing and engagement under oath. (Dig. J. A. G., 384. par. 1.) See also In re McDonald, 1 Lowell, 100. Any male citizen of the United States, or person who has legally declared his intention to become a citizen, if above the age of twenty one and under the age of thirty years, able-bodied, free from disease, of good character and temperate habits, may be enlisted under the restrictions contained in this article. In regard to age or citizenship this regulation shall not apply to soldiers who have served honestly and faithfully a previous enlistment in the Army. (Par. 823. A. R., 1895.) See, also, circular of June 3, 1898, from the Adjutant-General's Office for qualifications for volunteer recruits. Limit of age. Feb. 27, 1893, v. 27, p. 486. minors. 162, s. 1, v. 17, p. 117. Enlistment of 1014. No person under the age of twenty-one years shall May 15, 1872, c. be enlisted or mustered into the military service of the United States without the written consent of his parents or guardians: Provided, That such minor has such parents or guardians entitled to his custody and control. Sec. 1117, R. S. Persons not to be enlisted. 1015. No minor under the age of sixteen years, no insane Mar. 2, 1833, c or intoxicated person, no deserter from the military service 68, s. 6, v.4, p. 647; July 4, 1864, c. of the United States, and no person who has been con283,186 victed of a felony shall be enlisted or mustered into the 380; Mar. c. 79, s. 18, v. 13. p. 490: Feb. 27, 1877 military service. c. 69, v. 19, p. 242. The same; citizenship. Enlistment of minors prohibit ed. 3 Art. War. Term of enlistment. for reenlist ment. Sec. 1118, R. S. 1016. In time of peace no person (except an Indian) who is not a citizen of the United States, or who has not made legal declaration of his intention to become a citizen of the United States, or who can not speak, read, and write the English language, or who is over thirty years of age, shall be enlisted for the first enlistment in the Army. Sec. 2, act of August 1, 1894 (28 Stat. L., 215). 1017. Every officer who knowingly enlists or musters into the military service any minor over the age of sixteen years without the written consent of his parents or guardians, or any minor under the age of sixteen years, or any insane or intoxicated persons, or any deserter from the military or naval service of the United States, or any person who has been convicted of any infamous criminal offense, shall, upon conviction, be dismissed from the service, or suffer such other punishment as a court-martial may direct. Third Article of War. 1018. That hereafter all enlistments in the Army shall Qualifications be for the term of three years, and no soldier shall be again enlisted in the Army whose service during his last 1894, v. 28, p. 216. preceding term of enlistment has not been honest and faithful.2 Sec. 2, Aug. 1, 1 Sections 1116, 1117. and 1118, Revised Statutes, providing that deserters, convicted felons, insane, or intoxicated persons, and certain minors shall not be enlisted are regarded as directory only, and not as making necessarily void such enlistments, but as rendering them voidable merely, at the option of the Government. In cases of such enlistments, except of course where the party. by reason of mental derange ment or drunkenness was without the legal capacity to contract, the Government may elect to hold the soldier to service, subject to any application for discharge which may be addressed by himself or his parent, etc., either to the Secretary of War or to a United States court. Ibid., 385. par. 3. See, also, U. S. v. Grimley, 137 U. S., 147, cited in note to paragraph 1012, supra. The enlistment contract of a minor is void when the recruit is under 16, with or without the consent of the parent. In re Lawler, 40 F R., 233. It is not void, but voidable only, as to minors between 16 and 21. U. S. v. Morrissey, 137 U. S., 157. It is not voidable at the instance of the minor. Ibid. It is voidable at the instance of the parent or guardian. Com v. Blake, 8 Phil., 523; Turner v. Wright, 5 ibid., 296; Menges v. Camac, 1 Serg, and R., 87; Henderson v. Wright, ibid., 299, Seavey v. Seymour, 3 Cliff, 439; In re Cosenow, 37 F. R., 668. In re Hearn, 32 ibid., 141; In re Davison. 21 ibid., 618; U. S v. Wagner. 24 ibid., 135; In re Dohrendorf, 40 F. R., 148; In re Spencer, ibid., 149; In re Lawler, ibid, 233; In re Wall 8 ibid., 85. A minor's contract of enlistment is voidable, not void, and is not so voidable at the instance of the minor. If, after enlistment. he commits an offense. is actually arrested, and in course of trial before the contract is duly avoided, he may be tried and punished. (In re Wall, 8 Fed. Rep., 85; see also Barrett z. Hopkins, 7 ibid., 312.) The contract of enlistment is an entirety. If service for any portion of the time 1019. A premium of two dollars shall be paid to any citizen, non-commissioned officer, or soldier for each accepted recruit he may bring to a recruiting rendezvous. 1020. That fraudulent enlistment, and the receipt of any pay or allowance thereunder, is hereby declared a military offense and made punishable by court martial, under the Sixty-second Article of War. Sec. 3, act of July 27, 1892. (27 Stat. L., 278). RE-ENLISTMENT. 1021 All enlisted men, mentioned in section twelve hun dred and eighty [paragraph 638, ante] who, having been honorably discharged, have re-enlisted or shall re-enlist within three months thereafter, shall, after five years service, including their first enlistment, be paid at the rate allowed in said section to those serving in the fifth year of their first enlistment.' 1022. Every soldier who, having been honorably discharged, re-enlists within three months thereafter, shall be further entitled, after five years service, including his first enlistment, to receive, for the period of five years next thereafter, two dollars per month in addition to the ordinary pay of his grade; and for each successive period of five years of service, so long as he shall remain continuously in the Army, a further sum of one dollar per month. The past continuous service, of soldiers now in the Army, shall be taken into account, and shall entitle such soldier to additional pay according to this rule; but services rendered prior to August fourth, eighteen hundred and fiftyfour, shall, in no case, be accounted as more than one enlistment. is criminally omitted the pay and allowances for faithful services are not earned. (Lander v. Ü. S. 92 U. S.. 77.) As to what constitutes faithful service within the meaning of this statute, see note to paragraph 1021 post This section operates to repeal section 1119, Revised Statutes, and section 2 of the act of June 16, 1890 (26 Stat. L., 187), which fixed the term of enlistment in the Army at five years. The additional pay given to soldiers by this section does not depend upon mero length of service, but upon two other conditions-an honorable discharge and a voluntary reenlistment. Webb v. U. S., 23 C. Cls. R., 58. It is intended, primarily, to be an inducement to the prompt reenlistment of an honorably discharged soldier, and it can be earned in no other way. Ibid. The act of June 16, 1890 (26 Stat. L, 157), contained the provision that the Secretary of War shall determine what misconduct shall constitute a failure to render honest and faithful service within the meaning of this act. But no soldier who has deserted at any time during the term of an enlistment shall be deemed to have served such term honestly and faithfully." Under the authority conferred by this statute the Secretary of War has decided that in the following cases there has been a failure to render honest and faithful service: (1) Desertion. (2) When the soldier is in confinement under a general court-martial sentence expressly imposing imprisonment until or beyond the expiration of his term; when discharged under sentence of general court martial; when discharged by order from the War Department specifying forfeiture, or because of imprisonment by the civil authority. (3) When the soldier is discharged for minority concealed at enlistment, or for other cause involving fraud in enlistment, or for disability caused by his misconduct. (4) Upon the approved finding of a board of officers called under paragraph 148, that the soldier has not served honestly and faithfully to the date of discharge. The cause of forfeiture will be stated on the muster and pay rolls and on the final statements of the soldier. Premium for recruit. June 21. 1862, Res. 37, v. 12, p. 620. Sec. 1120, R.S. Fraudulent en- listment. 1892, v. 27. p. 278. |