with the regular forces of the United States, take rank next after all officers of the like grade in said regular forces, notwithstanding the commissions of such militia or State officers may be elder than the commissions of the officers of the regular forces of the United States.

ART. 99. All crimes not capital, and all disorders and neglects which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing articles of war, are to be taken cognizance of by a general or regimental court-martial, according to the nature and degree of the offence, and be punished at their discretion. ART. 100. The President of the United States shall have power to prescribe the uniform of the army.

ART. 101. The foregoing articles are to be read and published, once in every six months, to every garrison, regiment, troop, or company, mustered or to be mustered, in the service of the United States, and are to be duly observed and obeyed by all officers and soldiers who are, or shall be, in said service.

ART. 102. All officers or persons in the military or naval service of the United States are prohibited from employing any of the forces under their respective commands for the purpose of returning fugitives from service or labor, who may have escaped from any persons to whom such service or labor is claimed to be due; and any officer who shall be found guilty by a court-martial of violating this article shall be dismissed from the service.1

SEC. 2.2 That in time of war, all persons not citizens of, or owing allegiance to, the United States of America, who shall be found lurking as spies in or about the fortifications or encampments of the armies of the United States, or any of them, shall suffer death, according to the law and usage of nations, by sentence of a general court-martial.

SEC. 3. That the rules and regulations by which the armies of the United States have heretofore been governed, and the

1 This article was adopted 13 March, 1862. See chap. 40, 37th Cong., 2d Sess., post. 2 Substituted by chap. 25, 13 February, 1862, as follows: "That in time of war or rebellion against the supreme authority of the United States, all persons who shall be found lurking as spies, or acting as such, in or about the fortifications, encampments, posts, quarters, or head-quarters of the armies of the United States, or any of them, within any part of the United States which has been or may be declared to be in a state of insurrection by proclamation of the President of the United States, shall suffer death, by sentence of a general court-martial."

resolves of Congress thereunto annexed, and respecting the same, shall henceforth be void and of no effect, except so far as may relate to any transactions under them prior to the promulgation of this act at the several posts and garrisons, respectively occupied by any part of the army of the United States. [Approved, April 10, 1806.]

CHAPTER 25.-Approved, April 10, 1806.-Vol. 2, p. 376.

An Act to provide for persons who were disabled by known wounds received in the Revolutionary War.

That any commissioned or non-commissioned officer, musician, soldier, marine, or seaman, disabled in the actual service of the United States, while in the line of his duty, by known wounds received during the revolutionary war, and who did not desert the service; or who, in consequence of disability as aforesaid, resigned his commission, or took his discharge; or who, after incurring disability as aforesaid, was taken captive by the enemy, and remained either in captivity or on parole, until the close of said revolutionary war; or who, in consequence of known wounds received as aforesaid, has, at any period since, become and continued disabled in such manner as to render him unable to procure a subsistence by manual labor; whether such officer, musician, soldier, marine, or seaman, served as a volunteer, in any proper service against the common enemy, or belonged to a detachment of the militia, which served against the common enemy, or to the regular forces of the United States, or of any particular state, he shall, upon substantiating his claim, in the manner hereinafter described, be placed on the pension list of the United States, during life, or the continuance of such disability, and be entitled, under the regula tions hereinafter mentioned, to receive such sum as shall be found just and proper, by the testimony adduced.

SEC. 2. That in substantiating such claim, the following rules and regu lations shall be complied with, that is to say: all evidence shall be taken on oath or affirmation, before the judge of the district, or one of the judges of the territory, in which such claimant resides, or before some person specially authorized by commission from said judge.

Decisive disability, the effect of a known wound or wounds, received while in the actual service and line of duty against the common enemy, during the revolutionary war, must be proved by the affidavit of the commanding officer of the regiment, corps, company, ship, vessel, or craft, in which such claimant served; or of two other creditable witnesses to the same effect, setting forth the time when, and place where, such known wound or wounds were received; and particularly describing the same.

The nature of such disability, and in what degree it prevents the claimant from obtaining his subsistence, must be proved by the affidavit of some reputable physician or surgeon, stating his opinion either from his own knowledge and acquaintance with the claimant, or from an examination of

See chap. 40, 2 August, 1813, and 16 April, 1816, chap. 55, post.

2 By the Secretary of War, by the 25 April, 1808, chap. 58; now by Secretary of the Interior.

such claimant on oath or affirmation; which, when necessary for that purpose, shall be administered to said claimant by said judge or commissioner. And the said physician or surgeon, in his affidavit, shall particularly describe the wound or wounds from whence the disability appears to be derived.

Every claimant must prove, by at least one credible witness, that he continued in service during the whole time for which he was detached, or for which he engaged, unless he was discharged, or left the service in consequence of some derangement of the army, or in consequence of his disability resigned his commission; or was after his disability in captivity or on parole, until the close of the revolutionary war. And in the same manner must prove his mode of life and employment since he left the service, and the place or places where he has since resided, and his place of residence at the time of taking such testimony.

Every claimant shall, by his affidavit, give satisfactory reasons why he did not make application for a pension before, and that he is not on the pension list of any state; and the judge or commissioner shall certify, in writing, his opinion of the credibility of the witnesses whose affidavits he shall take, in all those cases where by this act it is said the proof shall be made by a credible witness or witnesses. And also, that the examining physician or surgeon is reputable in his profession.

SEC. 3. That the said judge of the district, or person by him commissioned as aforesaid, shall transmit a list of such claims, accompanied by the evidence, affidavits, certificates, and proceedings had thereon in pursuance of this act, noting particularly the day on which the testimony was closed before him, to the secretary for the department of war, that the same may be compared with muster rolls, or other documents in his office: and the said secretary shall make a statement of all such cases, which, together with all the testimony, he shall from time to time transmit to Congress, with such remarks as he may think proper, that Congress may be enabled to place such claimants on the pension lists as shall be found entitled to the privilege. And it shall be the duty of a judge, or commissioner aforesaid, to permit each claimant to take a transcript of the evidence and proceedings had respecting his claim, if he shall desire it, and to certify the same to be correct.

SEC. 4. That every pension, or increase thereof, by virtue of this act, shall commence on the day when the claimant shall have completed his testimony, before the authority proper to take the same.

SEC. 5. That an increase of pension may be allowed to persons already placed upon the pension list of the United States, for disabilities caused by known wounds received during the revolutionary war, in all cases where justice shall require the same: Provided, That the increase, when added to the pension formerly received, shall in no case exceed a full pension.

Every invalid making application for this purpose shall be examined by two reputable physicians or surgeons, to be authorized by commission from the judge of the district where such invalid resides; who shall report in writing, on oath or affirmation, their opinion of the nature of the applicant's disability, and in what degree it prevents him from obtaining a subsistence by manual labor; which report shall be transmitted by said physicians or surgeons to the secretary for the department of war; who shall compare the same with the documents in his office, and shall make a statement of all such cases. which, together with the original report, he

1 At Washington City, when no agents have been appointed in States, &c. where pensioner resides, 7 Jan. 1809, chap. 4.

shall from time to time transmit to Congress, with such remarks as he may think proper, that they may be enabled to do justice to such pensioners.

SEC. 6. That a full pension given by this act to a commissioned officer, shall be one-half of the monthly pay legally allowed, at the time of incurring said disability, to his grade in the forces raised by the United States; and the proportions, less than a full pension shall be the correspondent proportions of said half pay; and a full pension to a non-commissioned officer, musician, soldier, marine, or seaman, shall be five dollars a month, and the proportions less than a full pension shall be the like proportions of five dollars a month; but no pension of a commissioned officer shall be calculated at a higher rate than the half pay of a lieutenant-colonel.

SEC. 7. That the pensions, or increase thereof, which may be allowed by this act, shall be paid in the same1 manner as pensions to invalids, who have been heretofore placed on the pension list, are now paid, and under such restrictions and regulations in all respects as are prescribed by law.

SEC. 8. That from and after the passage of this act, no sale, transfer, or mortgage of the whole or any part of the pension, payable to any noncommissioned officer, musician, soldier, marine, or seaman, before the same becomes due, shall be valid. And every person claiming such pension or any part thereof, under power of attorney or substitution, shall, before the same is paid, make oath or affirmation, before some magistrate, legally authorized to take the same, a copy of which, attested by said magistrate, shall be lodged with the person who pays said pension, that such power or substitution is not given by reason of any transfer of such pension or part thereof. And any person who shall swear or affirm falsely in the premises, and be thereof convicted, shall suffer as for wilful and corrupt perjury.

SEC. 9. That all laws of the United States heretofore passed, so far as they authorize persons to be placed on the pension list of the United States, for and in consequence of disabilities derived from known wounds received in the revolutionary war, shall be, and they are hereby repealed: Provided, That nothing in this repealing clause shall injure or in any way affect those persons already upon the pension list of the United States; and that the secretary for the department of war shall proceed upon the testimony which has been transmitted to him by any claimant, before the passage of this act, in the same manner as though this act had never passed.

SEC. 10. That this act, so far as it authorizes the admission of persons upon the pension list of the United States, shall remain in force for and during the space of six years from the passage thereof, and no longer: Provided, That this limitation shall not affect or impair the right of any invalid who may have completed his testimony in the manner prescribed by this act before this limitation commences its operation, but which has not been transmitted to the secretary for the department of war. [Approved, April 10, 1806.]

Under the 18 Mar. 1818, chap. 19, vol. iii. p. 410, and 3 Mar. 1819, chap. 99. 2 Continued from time to time. See the recitals in the 4 Feb. 1822, chap. 6, vol.

iii. p. 650, and last by the 24 May, 1828, chap. 109, vol. iv. p. 307.

CHAPTER 32.-Approved, April 18, 1806.-Vol. 2, p. 383.

An Act authorizing a detachment from the Militia of the United States. [The 1st, 2d, and 3d sections of this act are almost in the same words as chap. 32, March 3, 1803. The 4th section fixes the period of service at six months, and provides the pay and allowances of every kind given to the United States Army. Sec. 5 authorizes the President to select such portions of the detachment for service as he may prefer. Sec. 6 appropriates $2,000,000 to carry out the object of the act. Sec. 7 repeals chap. 32, March 3, 1803; and Sec. 8 limits this act to two years.]

CHAPTER 15.-Approved, February 24, 1807.-Vol. 2, p. 419. An Act authorizing the President of the United States to accept the service of a number of volunteer companies, not exceeding thirty thousand men.

That the President of the United States be, and he hereby is, authorized to accept of any company or companies of volunteers, either of artillery, cavalry, or infantry, who may associate and offer themselves for the service, not exceeding thirty thousand men, who shall be clothed and furnished with horses at their own expense, and armed and equipped at the expense of the United States after they shall be called into service, except such of them as may choose to furnish their own arms, and whose commissioned officers shall be appointed in the manner prescribed by law in the several states and territories to which such companies shall respectively belong: Provided, That where any company, battalion, regiment, brigade, or division of militia already organized, shall tender their voluntary service to the United States, such company, battalion, regiment, brigade, or division shall continue to be commanded by the officers holding commissions in the same at the time of such tender, and any vacancy thereafter occurring shall be filled in the mode pointed out by law in the state or territory wherein the said company, battalion, regiment, brigade, or division shall have been originally raised.

SEC. 2. That any company, battalion, regiment, brigade, or division, thus offering itself for the service, shall be liable to be called upon to do military duty at any time the President of the United States shall judge proper, within two years after he shall accept the same, and shall be bound to continue in service for the term of twelve months after they shall have arrived at the place of rendezvous, unless sooner discharged; and when called into actual service, and whilst remaining therein, shall be under the same rules and regulations, and be entitled to the same pay, rations, forage, and emoluments of every kind, bounty and clothing excepted, with the regular troops of the United States: Provided, That, in lieu of clothing, every non-commissioned officer and private, in any company, who may offer themselves, shall be entitled, when called into actual service, to receive in money a sum equal to the cost of the clothing of a non-commissioned officer or private (as the case may be) in the regular troops of the United States.

1 Chap. 39, March 3, 1808, is a continuation of this act for two years more; and see also chap. 55, April 10, 1812.