155. All enemies in regular war are divided into two general classes; that is to say, into combatants and non-combatants, or unarmed citizens of the hostile government.

The military commander of the legitimate government, in a war of rebellion, distinguishes between the loyal citizen in the revolted portion of the country and the disloyal citizen. The disloyal citizens may further be classified into those citizens known to sympathize with the rebellion, without positively aiding it, and those who, without taking up arms, give positive aid and comfort to the rebellious enemy, without being bodily forced thereto.

156. Common justice and plain expediency require that the military commander protect the manifestly loyal citizens, in revolted territories, against the hardships of the war as much as the common misfortune of all war admits.

The commander will throw the burden of the war, as much as lies within his power, on the disloyal citizens of the revolted portion or province, subjecting them to a stricter police than the non-combatant enemies have to suffer in regular war; and if he deems it appropriate, or if his government demands of him that every citizen shall, by an oath of allegiance, or by some other manifest act, declare his fidelity to the legitimate government, he may expel, transfer, imprison, or fine the revolted citizens who refuse to pledge themselves anew as citizens obedient to the law and loyal to the government.

Whether it is expedient to do so, and whether reliance can be placed upon such oaths, the commander or his government have the right to decide.

157. Armed or unarmed resistance by citizens of the United States against the lawful movements of their troops is levying war against the United States, and is therefore treason.

ARTICLE LXX.

INSPECTIONS.

1320. Divisions and brigades will be inspected between the fifteenth and twentieth of each month by inspecting officers designated for the purpose.-[G. O. 5, 1866.]

1321. The commanders of regiments and posts will make an inspection of their commands on the last day of every month.[Regs. 1863, ¶ 304.]

1322. Captains will inspect their companies every Sunday morning. No soldier will be excused from Sunday inspection except the guard, the sick, and the necessary attendants in the hospital.— [Regs. 1863, ¶ 304.]

1323. Medical officers having charge of hospitals will make a thorough inspection of them every Sunday morning.-[Regs. 1863, ¶304.]

1324. Troops will be inspected when mustered for payment.— [Regs. 1863, ¶ 304.]

1325. Besides these inspections, frequent visits will be made during the month by the commanding officer, company and Medical officers, to the men's quarters, the hospital, guard-house, &c.— [Regs. 1863, ¶ 305.]

*

*

*

*

*

*

*

1330. Inspecting officers assigned to Divisions or Departments perform their duties under the immediate direction of their Commanding Generals.

1331. Officers not regularly assigned as Inspectors may, as occasion requires, be designated to make special inspections or investigations. But no officer shall use the title of Acting Inspector General or Acting Assistant Inspector General, unless so assigned from the Adjutant General's Office.-[G. O. 64, 1874; Circ. Insp. Gen., Nov. 2, 1868.]

1332. Inspections will be made under specific orders clearly defining their object, which will be exhibited to the officers whose troops or affairs are to be examined. Commanding officers are to see that every facility is afforded for such examination.—[G. O. 5, 1866; G. O. 87, 1872.]

*

#

1334. Inspectors will give orders only when specially authorized to do so; and will then give them in the name of the officer authorizing it. They must report with strict impartiality all irregularities. They should refrain from informal conversation on the subjects of investigation, and from all expression of approval or disapprobation.-[G. O. 5, 1866; G. O. 87, 1868; G. O. 87, 1872.]

1335. Inspectors will take care that no injustice be done to organizations or individuals by reports not fully sustained by thorough personal examination. When investigating reports, allegations, or irregularities prejudicial to the character of an officer, the Inspector will make known to him the nature of the accusations against him, and give him opportunity to submit his own statement in writing, which statement shall form part of the Inspector's report. Copies or extracts of all reports reflecting upon the character or efficiency of officers shall be furnished them by the commander to whom the Inspector submits his report.―[G. 0. 5, 1866; G. O. 5, 1874.]

1336. Before leaving a command, the Inspector will publicly inform the troops that opportunity will be given any soldier to lay before him a well-grounded complaint without any of his officers being present.-[G. O. 5, 1866.]

1337. An Inspector detailed to investigate frauds or attempts to defraud the Government, or irregularities or misconduct of a military officer or agent, has authority to administer an oath to a witness.-[R. S., § 183.]

1338. The sphere of inquiry of Inspectors generally includes every branch of military affairs, and whether the military laws and regulations are fully complied with. In specific cases, it is defined and limited by the orders they receive.-[G. O. 5, 1866.]

1339. The following are general directions for making inspections:-[Regs. 1863, ¶¶ 471, 472; G. O. 5, 1866; G. O. 87, 1872; G. O. 84, 1879; Circ. Insp. Gen., Nov. 2, 1868.]

TROOPS.

1340. The forms for inspecting troops under arms are prescribed in the tactics for each arm of service. When the command is not

less than a company, the inspection will generally be preceded by a review. Regs. 1863, ¶ 303.]

1341. The Inspector will always bear in mind the specialties of each arm.

1342. Report will be made as to the zeal and ability of commanding officers, and whether they possess the requisite professional knowledge for the proper exercise of their command; whether they preserve harmony and unanimity in the command, and observe the system of instruction and treatment of subordinates enjoined by the Regulations.

1343. Whether the officers are properly instructed and efficient. Special report is to be made in case of any officer of intemperate or immoral habits, or who has improper associates, is addicted to gaming, or is unfit for active service by infirmity or other cause.

1344. Whether the number of men in ranks at inspection corresponds with the returns, and how absentees are accounted for. Whether the band exceeds the authorized number, and any men not musicians are mustered with it.-[G. O. 4, 1862.]

1345. As to the discipline, military appearance, and bearing of the troops; their instruction in all military exercises and duties; the nature and frequency of exercises and recitations in tactics; the target practice; whether they are practiced in marching with the full kit; the state of their batteries, or arms, equipments, and accoutrements of all kinds; the sufficiency, uniformity, and fit of their clothing; when the troops were last paid, and, if payment be deferred, the cause of delay.

*

*

INSPECTION REPORTS.

#

1362. Blank forms of reports for the various kinds of inspection are furnished by the Inspector General at Washington. Subjects not specified in the regular forms may be introduced under the title of "General report," or be made in the ordinary mode of official communication. Confidential information will be conveyed in special reports, oral or written.-[G. O. 5, 1366; Circ. Insp. Gen., Nov. 2, 1868.]

1363. Irregularities, or violations of law, Regulations, or orders, misapplication of funds, or property, involving serious detriment to the service and requiring prompt correction, should be at once reported to the commander of the troops. Full reports of the same will be forwarded to the commander on whose Staff the Inspector is serving. [G. O. 5, 1866.]

1364. Matters requiring immediate action by a Commanding General, or the head of an administrative bureau, if the emergency demand, will be directly and specially reported.-[G. O. 5, 1866.]

1365. Inspectors will pay especial attention in their reports to the manner in which all orders for reduction of expenses in the Army are executed.-[G. O. 96, 1867.]

1366. A report of each inspection of troops in the field, or at military posts or stations on the frontier, will be forwarded from the point where it is made as soon thereafter as the means of regular communication will permit.-[G. O. 55, 1869.]

1367. Inspecting officers, before transmitting their reports to their commanders, will indorse thereon the remedies that have been applied by the local commanders for the correction of irregularities that may have been brought to their notice. All superior commanders will, in forwarding the reports, indorse them with their action, and such remarks as may be of importance for the information of the General of the Army.—[G. O. 55, 1869; G. O. 84, 1879.]

*

*

INSPECTION OF ACCOUNTS OF DISBURSING OFFICERS.

*

1369. The inspections of disbursing officers' accounts, which are required by the act of Congress approved April 20, 1874, will be made quarterly, or four times within the year, with a reasonable interval between any two examinations.-[G. O. 64, 1874; G. O. 67, 1876.]

1370. Division and Department Commanders will usually provide for the inspection of disbursing officers' accounts through the Inspectors attached to their headquarters, or by detail of suitable officers within their commands for the purpose. But when Inspector Generals are making inspections of Divisions or Departments under orders from the War Department or General of the Army, the inspection will be made by them as one of those prescribed, and the Commanding Generals will be notified accordingly.—[G. O. 64, 1874.]

1371. The law provides, in regard to inspection of accounts, "that no officer so detailed shall be in any way connected with the Department or corps making the disbursement."—[G. O. 33, 1874.]

1372. The Inspector will make a minute and thorough inspection of the accounts of disbursing officers, and compare the result in each case with the officer's balance at his place of deposit; and each Inspector will be held responsible for any defalcation or misapplication of the public money or property which may occur within the command to which he is assigned that an active vigilance on his part might have detected.-[G. O. 87, 1872.]

1373. The commanding officers of posts too remote for quarterly visitation, or such other officer as the Department Commander may direct, will perform the duty of Inspector in the manner prescribed by the above paragraph, excepting that they will not be required to visit the depository where the disbursing officers of their posts keep their funds; but the disbursing officers shall procure from their depositories the official statements of their balances on deposit, required to be furnished by Treasury Circular No. 1, of January 2, 1872, which statements shall be placed on file in their offices, and form a part of their records, subject to the Inspector's examination. In cases where the depositories are too remote from the points of

disbursement for the quarterly visitation by Division and Department Inspectors, the official statements will be exhibited by the disbursing officers for the verification of their accounts by the said Division and Department Inspectors.-[G. O. 87, 1872.]

1374. The inspections contemplated in the foregoing Regulations, so far as relates to the Battalion of Engineers and its post, Engineer establishments, officers, and agents, under the direct orders of the Chief of Engineers, will not be made by Inspectors acting under the orders of either Department or Division Commanders.-[G. O. 9, 1873.]

1375. The blank inspection reports furnished from the Inspector General's Office are designed for use in inspecting the accounts of the chief disbursing officers of Divisions and Departments, and of other officers who disburse considerable sums of money. Where the disbursements are small, as at most military posts, the inspections and reports will conform to the requirements of the law above cited, but the specific form of the blank reports will not be required.[G. O. 64, 1874.]

1376. Reports of the inspections made in compliance with these Regulations will be promptly forwarded through the regular military channels to the War Department.-[G. O. 45, 1874.]

INSPECTION OF TRANSPORTS.

[G. O. 5, 1866.]

1377. In inspecting water transportation for troops, the Inspector must be governed by circumstances and necessities. Military emergency is not unfrequently a controlling consideration, but should never cause undue risk to life. In an ordinary condition of things, and especially in voyages of any length, Inspectors are to see that the vessels provided are such as promise reasonable comfort to passengers. If there be anything to indicate necessity for a critical inspection, the services of an expert are to be employed.

1378. The Inspector will call for the contract and see that its stipulations are complied with. He will report whether the vessel is adapted to the purpose and voyage designed; in what particular, if any, she may be defective, and whether any repairs or alterations are necessary before sailing.

1379. He will ascertain how the vessel is rated at the underwriters; the age of the hull and machinery, and their existing conditions, so far as he can judge. He will inquire when the vessel was last in dock, the condition of the boilers, and when last put in. He will examine whether the outfit of tackle, spare spars, &c., is sufficient; whether there is an ample provision of boats, life-buoys, and deck room enough for quarters for officers and enlisted men, and if the limit of the act of Congress defining the relation of tonnage to passengers is not exceeded. He will see that the vessel's crew is large enough for her proper working, and inquire into the