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soldier, or his legal representatives or heir, any pay or allowance for any period of time he was absent without leave, and not in the performance of military duty. Sec. 8, ibid. 1062. That all applications for relief under this act shall be made to and filed with the Secretary of War within the period of three years from and after July first, eighteen hundred and eighty nine, and all applications not so made and filed within said term of three years shall be forever barred, and shall not be received or considered. Sec. 9, ibid. 1063. That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed.' Sec. 10, ibid. 1064. That section nine of the act for the relief of certain volunteer and regular soldiers of the late war and the war with Mexico, passed March second, anno Domini eighteen hundred and eighty-nine, be, and the same is hereby, so amended as to extend the time of limitation of the operation of said section for the period of two years from the first day of July, eighteen hundred and ninety-two. Act of July 27, 1892 (27 Stat. L., 278).

1065. That section nine of the Act for the relief of certain volunteer and regular soldiers of the late war and the war with Mexico, approved March second, eighteen hundred and eighty-nine, be, and the same is hereby, so amended as to remove the limitation of time within which applications for relief may be received and acted upon under the provisions of said Act. Act of March 2, 1895 (28 Stat. L., 814).

The persons from whose military record there may be a removal of the charge of desertion, under the act of March 2, 1889, chapter 390, are those against whom such a charge is now standing." Deserters, therefore, whose cases had, at the date of the act, been judicially duly disposed of-by trial, conviction, and sentence by courtmartial-are not within the purview of the statute. (Dig J. A. Gen., 350, par. 43.) Held, that a soldier had "served faithfully in the sense of sec. 1 of the lastnamed act when, having been sentenced to reduction and confinement on conviction of desertion, his sentence had been duly executed, and he had thereupon returned to duty and served for a considerable further period in a status of honor. (Ibid., par. 44.)

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The act of 1889 provides that the charge of desertion shall be removed if the
soldier has served faithfully until
May 1, 1865, having previously
served six months or more"
Held, that the six months of service need not
have been continuous, provided they were actually served before May 1, 1865, and
the soldier was in service at that date. (Ibid., par 45.)

Held, that a soldier was not within the description of section 2 (third) of the act of
1889, of having been "discharged" from service by a court of "competent jurisdic-
tion," who had, as a minor, enlisted without consent, been discharged upon habeas
corpus by a State court. (Ibid., 351 par. 46.)

A pardon does not operate retroactively, and can not therefore "remove a charge" of desertion. It does not wipe out the fact that the party did desert, nor can it make the record say that he did not desert. It can not change facts of history. Nor can a pardon restore amounts which have been actually forfeited by desertion. (Ibid., par.47.)

The restoration of a deserter to duty without trial under par. 132, A. R. [1895], does not operate as an acquittal, or relieve the deserter from the forfeitures of pay (including retained pay) incurred by operation of law under paragraphs 1380 and 1381, A. R. 1895. (Ibid., 351, par. 48.)

A pardon does not operate retroactively, and can not therefore "remove a charge" of desertion. It does not wipe out the fact that the party did desert, nor can it make the record say that he did not desert. It can not change facts of history. Nor can a pardon restore amounts which have been actually forfeited by desertion. (Ibid., par. 47.)

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Statute of limitation in desertion

Apr 11, 1890, v. 26, p. 54.

Exemption from arrest for debt.

Sec. 1237, R. S.

Enlisted men not to be used

STATUTE OF LIMITATIONS IN DESERTION.

1066. No person shall be tried or punished by a courtmartial for desertion in time of peace and not in the face of an enemy, committed more than two years before the arraignment of such person for such offense, unless he shall meanwhile have absented himself from the United States, in which case the time of his absence shall be excluded in computing the period of the limitation: Provided, That said limitation shall not begin until the end of the term for which said person was mustered in to the service. Act of April 11, 1890 (26 Stat. L., 54).

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1067. Exemption of enlisted men 1068. Enlisted men not to be used from arrest for debt.

as servants.

1067. No enlisted man shall, during his term of service, be arrested on mesne process, or taken or charged in execution for any debt, unless it was contracted before his enlistment, and amounted to twenty dollars when first contracted.

1068. No officer shall use an enlisted man as a servant in

as servants. any case whatever.

Sec. 14, July 15, 1870, v. 16, p. 319. Sec. 1232, R. S.

Deceased sol.

diers' effects.

DECEASED SOLDIERS.

Par.

Par.

1069. Deceased soldiers' effects.

1070. Officers charged with effects of deceased soldiers to account for same.

1069. In case of the death of any soldier, the command126 Art. War. ing officer of his troop, battery, or company shall immedi

The so-called "deserter's release," provided for by General Orders 55 of 1890. is accorded when, by reason of the period which has elapsed since the end of his term of enlistment, the deserter could successfully plead the statute of limitations to a prosecution for his desertion. This period is complete at the expiration of seven years from the date of the enlistment or of two years from the end of its term. But where a soldier, who would have been eligible for such release on May 9, 1894, was, in February preceding, arrested, brought to trial, convicted, and sentenced to be dishonorably discharged, and was so discharged accordingly, held that he was not within the privilege of the General Orders, and that the release could not be ac corded him. [As to the purpose and effect of this "Release," see Circular No. 5 (H. Q. A.), 1894.] (Dig. J. A. Gen., 349, par. 40.)

The deserter's release" is intended for deserters in whose favor the limitation of the present one hundred and third article of war has fully run, and who therefore have a perfect defense to a prosecution. It was designed to secure them against proceedings for desertion and to obviate the expenses to which the Government might be put in the matter of their arrest and their trial. But it is not, and can not, in view of the provisions of article 4, serve as a discharge from the Army. The language of General Orders 55 of 1890, which describes it as a release "from the Army is therefore faulty. (Ibid., 350, par. 41.)

A deserter who has been once dishonorably discharged is not a subject for the "release"-does not belong to the class of persons for whom it is intended. It is designed for soldiers actually in service. It can not therefore now be given to one who was a soldier of a volunteer organization during the late war. Nor can it be issued in a case of a soldier who has deceased. (Ibid., par. 42.)

ately secure all his effects then in camp or quarters, and shall, in the presence of two other officers, make an inventory thereof, which he shall transmit to the office of the Department of War.1 One hundred and twenty-sixth Article of War.

with effects of

to account for

127 Art. War.

1070. Officers charged with the care of the effects of Officers charged deceased officers or soldiers shall account for and deliver deceased soldiers the same, or the proceeds thereof, to the legal representa- same. tives of such deceased officers or soldiers. And no officer so charged shall be permitted to quit the regiment or post until he has deposited in the hands of the commanding officer all the effects of such deceased officers or soldiers not so accounted for and delivered. One hundred and twenty-seventh Article of War.

DISPOSITION OF EFFECTS.

When a soldier is killed in action, or dies at any post, hospital, or station, it shall be the duty of his immediate commander to secure his effects and to prepare the inventory required by the one hundred and twenty-sixth article of war, according to prescribed form. Duplicates of the inventory, with final statements, will be forwarded direct to the Adjutant-General of the Army. (Par. 158, A. R., 1895.)

Should the effects of a deceased soldier not be claimed within thirty days, they will be sold by a council of administration under the authority of the post commander, and the proceeds transferred to the commander of the company to which the deceased belonged, by whom they will be deposited with a paymaster to the credit of the United States. Duplicate receipts will be taken, one of which will bo sent direct to the Adjutant-General of the Army and the other retained with the company records. (Par. 159, A. R., 1895.)

of

late of company

In all cases of sale by a council of administration, a detailed statement of the proceeds, duly certified by the council and commanding officer, will accompany the paymaster's receipt forwarded by the company commander to the Adjutant-General of the Army. The statement will be indorsed: "Report of the proceeds of the effects regiment of who died at the day of The effects will be delivered, when called for, to the legal representatives of the deceased, and the receipts therefor forwarded to the Adjutant General of the Army. Applications for arrears of pay and proceeds of sale of effects of deceased soldiers should be addressed to the Auditor for the War Department, Washington, D. C., who settles such accounts. (Par. 161. ibid)

(Par. 160. ibid.).

In the settlement of the accounts of deceased soldiers, the accounting officers dispense with administration, and, as it were, administer themselves, paying to the persons entitled such amounts as may be found to be due the deceased in a final settlement of his accounts with the United States. (3 Compt. Dec., 197.)

FUNERAL EXPENSES.

The remains of deceased soldiers will be decently inclosed in coffins and transported by the Quartermaster's Department to the nearest military post or national cemetery for burial, unless the commanding officer deem burial at the place of death to be proper, when a report of the fact will be made to the Adjutant-General of the Army. The expense of transporting the remains is payable from the appropriation for Army transportation; other expenses of burial are limited to $15 for noncom. missioned officers and $10 for private soldiers. (Par. 162, A. R., 1895.)

The annual acts of appropriation since that of August 8, 1846 (9 Stat. L., 68), have contained provision for the expenses of interment of noncomissioned officers and soldiers.

CHAPTER XXIX.

THE TROOPS OF THE LINE.

CAVALRY.

Cavalry regi. ment; organization.

Aug. 3, 1861, c.

c. 201, s. 11, v. 12,

c. 7, v. 12, p. 634;

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1075. Artillery regiment; organi- 1080. Colored infantry regiments.

zation.

1

1071. Each regiment of cavalry shall consist of twelve troops, one colonel, one lieutenant-colonel, three majors, 42, s. 12, v. 12, p. one adjutant, one quartermaster, one veterinary surgeon, 289: July 17,1862, with the rank of regimental sergeant-major, one sergeantp.599: Jan.6,1863, major, one quartermaster sergeant, one saddler-sergeant, Mar. 3, 1863, c. 75, one chief musician, who shall be instructor of music, and 8. 37, v. 12. p. 737; July 28, 1866, c. One chief trumpeter. Two assistant surgeons may be 332; Mar. 3, 1869, allowed to each regiment, and the seventh, eighth, ninth c. 24, 45, 15 and tenth regiments shall have an additional veterinary The adjutant and the quartermaster of each reg24, 1876; c. 226, v iment shall be extra lieutenants, selected from the first or 1876, c. 301. v. 19, second lieutenants of the regiment.

299, s. 3, v. 14, p.

318; July 15, 1870,

c. 294, ss. 9, 10, v.

16, p. 318; July

19, p. 98: Aug. 15,

p. 204; Feb. 27.

1877, c. 69. v. 19, pp. 241, 242.

Sec. 1102, R. S.

surgeon.

Of the several cavalry regiments now composing the peace establishment, the first, a regiment of dragoons, was authorized by the act of March 2. 1833 (4 Stat. L., 652). A second regiment of dragoons was authorized by the act of May 23. 1836 (5 Stat. L., 32). The second regiment of dragoons was converted into a regiment of ritlemen by the act of August 23, 1842 (5 Stat. L. 512), but was reconverted into a regiment of dragoons by the act of April 4, 1844 (5 Stat. L. 654). A regiment of mounted riflemen was added to the establishment by the act of May 19. 1846 (9 Stat. L., 13). Two regiments of cavalry (known as the First and Second) were authorized by the act of March 3, 1855 (10 Stat. L., 635). A third regiment of cavalry was organized by order of the President on May 4, 1861, confirmed by the act of July 29, 1861 (12 Stat. L., 279). In accordance with the authority conferred by the act of August 3, 1861, the six mounted regiments of the Army were consolidated into one corps and designated as follows:

The First Regiment of Dragoons, as the First Cavalry.
The Second Regiment of Dragoons, as the Second Cavalry.
The Regiment of Mounted Riflemen, as the Third Cavalry.
The First Regiment of Cavalry, as the Fourth Cavalry.
The Second Regiment of Cavalry, as the Fifth Cavalry.
The Third Regiment of Cavalry, as the Sixth Cavalry.

Four regiments of cavalry, the Seventh. Eighth, Ninth. and Teuth, the Ninth and Tenth composed of colored men, were added to the establishment under the authority conferred by the act of July 28, 1866.

cavalry

The act of November 21, 1877 (20 Stat. L. 2), contained a proviso that regiments may be recruited to one hundred men in each company, and kept as near as practicable at that number, and a sufficient force of cavalry shall be employed in the defense of the Mexican and Indian frontier of Texas Provided. That nothing herein contained shall authorize the recruiting the number of men on the Army rolls, including Indian scouts and hospital stewards, beyond twenty-five thousand.'

THE REGIMENTAL STAFF.

The staff of a regiment consists of the adjutant and quartermaster, and they will be so designated. They will be appointed by the regimental commander, who will at once report his action to the Adjutant General by telegraph. the appointment of the quartermaster is made subject to the approval of the Secretary of War. Each appointment will take effect the day on which it is made, and the officer appointed will be entitled to the pay pertaining thereto from the date when he assumes the duties under such appointment. (Par. 233, A. R., 1895.)

The adjutant or quartermaster may hold office for four years, including all periods of such service, and no longer. He will not be eligible for a second tour of such

Cavalry troop.

July 28, 1866, c. 299, s. 3. v. 14, p. 372: July 17, 1862,

p.599; Jan.6, 1863,

1072. Each troop of cavalry shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster-sergeant, five sergeants, four corporals, c. 201, s. 11, v. 12, two trumpeters, two farriers, one saddler, one wagoner, c. 7, v. 12, p. 634; and such number of privates, not exceeding seventy-eight, s. 37, v. 12, p. 737 as the President may direct.1 July 15, 1870, c. 294, s. 10, v. 16, p. 318. Sec. 1103, R. S.

1073. The enlisted men of two regiments of cavalry shall be colored men. July 28, 1866, c. 299, s. 3. v. 14, p. 332.

1074. Any portion of the cavalry force may be armed and drilled as infantry or dismounted cavalry, at the discretion of the President.

ARTILLERY.2

Mar. 3, 1863, c. 75,

Colored cavalry
regiments.
Sec. 1104, R. S.

Dismounted
July 28, 1866, c.

cavalry.

299, s. 3, v. 14, p. 332.

Sec. 1105, R.'S.

Artillery regi.

ment.

July 29, 1861, c. 280; July 28, 1866,

24, ss. 1, 2, v. 12, p.

c. 229, s. 2, v. 14, p.

1075. Each regiment of artillery shall consist of twelve batteries, one colonel, one lieutenant-colonel, one major for every four batteries, one adjutant, one quartermaster and commissary, one sergeant-major, one quartermaster-ser- 332; Mar. 3, 1869, geant, one chief musician, who shall be instructor of music, 318; July 15, 1870, and two principal musicians. The adjutant and quarter-21, s. 10, v. 16, master and commissary shall be extra lieutenants, selected Sec. 1099, R. S. from the first or second lieutenants of the regiment.3

c. 124, s. 5, v. 15, p.

Artillery bat

tery.

July 29, 1861, c. 24, s. 1, v. 12, p. 279; July 28, 1866,

c. 299, s. 2. v. 14. p. 332; July 15, 1870, c. 294. s. 10, v. 16, p. 318.

1076. Each battery of artillery shall consist of one captain, one first lieutenant, one second lieutenant, one first ser geant, one quartermaster-sergeant, four sergeants, four corporals, two musicians, two artificers, one wagoner, and as many privates, not exceeding one hundred and twentytwo, as the President may direct. One first lieutenant, Sec. 1100, R. S. one second lieutenant, two sergeants and four corporals may be added to this battery organization at the discretion. of the President.

1077. One battery in each regiment of artillery, to be designated by the President, shall be equipped as light

duty nor for appointment or reappointment to either position, except to serve an unexpired term of four years. (Par. 234, ibid.)

A regimental commander is restricted in his choice of staff officers to the lieutenants on duty with the regiment and who are not at a school of instruction nor with light batteries. Should he desire to appoint a lieutenant absent from the regiment, the lieutenant must join before the appointment can be made. (Par. 235, ibid.) Medical officers are no longer attached to regiments on the peace establishment. 'Since 1883 companies of cavalry have been designated "troops." (Circulars 8 and 9, A. G. O. 1883; see also Cavalry Drill Regulations.) By Executive Orders the enlisted men of Troops L and M of each regiment of cavalry were distributed among the other troops. (G. O. 79 and 120, A. G. O. 1890.) By General Orders No. 28, Adjutant-General's Office of 1891, certain cavalry troops were to be composed of Indians. The enlistment of Indians having been discontinued these organizations have, with the exception of Troop L, Seventh Cavalry, again become skeleton troops. The Indians of Troop L, Seventh Cavalry, are ultimately to be discharged. (Report of Adjutant-General to the Secretary of War, pp. 7, 10.)

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At the general reduction of the Army, effected in pursuance of the act of March 2, 1821 (3 Stat. L., 615), the artillery was consolidated into four regiments of nine companies each, one of which, in each regiment, was to be designated and equipped as light artillery. The Ordnance Department was merged in the artillery, a supernumerary captain, for ordnance duty, was added to each regiment, and the President was authorized to select from the regiments of artillery such officers as may be necessary to perform ordnance duties who, while so detached, shall be subject only to the orders of the War Department." The Ordnance Department was separated from the artillery by the act of May 25, 1832 (4 Stat. L., 605). One company was added to each regiment by the act of July 5, 1838 (5 Stat. L., 256), and two companies by section 18 of the act of March 3, 1847 (9 Stat. L., 184), making twelve companies in all. The act of March 3, 1847, authorized the President to designate an additional company in each regiment to be armed and equipped as light artillery. The fifth regiment was added, as a regiment of light artillery, by order of the President, on May 5, 1861, the organization being confirmed by the act of July 29, 1861 (12 Stat. L., 279). "See note to paragraph 1071, ante.

Light battery. 13.8. 2. v. 3. p. 615;

Mar. 2, 1821. c.

Mar. 3, 1847, c. 61, 8. 18, v. 9, p. 186. Sec. 1101, R. S.

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