itary phrase as 'an enemy." To enable the officers of an army to preserve good order and discipline is the object of this article, and these may be as necessary in the face of hostile savages as in front of any other enemy. When an army is engaged in offensive or defensive operations against a public enemy, it may be said to be "in the field." The fact that troops are operating in a region of country chiefly inhabited by hostile Indians, and remote from the exercise of civil authority, may enter into the description of "an army in the field." Under other circumstances, these civil employés do not belong to the military establishment in a sense making them amenable to trial by Court-Martial.—[Ops. Att. Gen., in G. Ŏ. 17, 1872, and in G.O. 25, 1878.]

896. The legal punishment for soldiers by sentence of CourtMartial, according to the offense and the jurisdiction of the Court, under the law, are-death; confinement; confinement on bread and water diet; solitary confinement; hard labor; ball and chain; forfeiture of pay and allowances; discharges from service, and reprimands; and, for non-commissioned officers, reduction to the ranks.-[Regs. 1863, ¶ 895; G. O. 79, 1867.]

897. The idea of punishment or degradation shall not be associated with the honorable and important duty of guards by imposing sentences of extra tours of guard duty.-[G. O. 3, 1864.]

898. Solitary confinement, or confinement on bread and water, shall not exceed fourteen days at a time, with intervals between the periods of such confinement not less than such periods, and not exceeding eighty-four days in any one year.-[Regs. 1863, ¶ 895.]

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901. The sentence of a Court-Martial involving confinement for a definite period of time shall be considered as beginning from the date of the promulgation of the sentence in Orders, if the person sentenced is in custody at that time, unless the time of its commencement is otherwise expressly fixed by the sentence of the Court or in the Order promulgating the proceedings.-[G. O. 21, 1870.]

902. When soldiers under sentence, or awaiting sentence, commit other offenses for which they are tried and sentenced, the second or cumulative sentence may be executed upon the expiration of the first, whether the Court or reviewing authority so specify or not. -[Sec. War, Dec. 10, 1879.]

903. A sentence to confinement, with or without forfeiture of pay, cannot, in terms, be made to commence at a date prior to the confirmation of the proceedings of the Court. If it is proper to take into consideration the length of confinement to which the prisoner has been subjected previous to such confirmation, it may be done by the mitigation of the sentence, so that its term from the date of approval shall not extend beyond the period contemplated by the Court or by the reviewing officer.-[G. O. 105, 1874.]

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906. When a sentence imposes forfeiture of the monthly pay, or of a stated portion of the monthly pay, for a certain number of months, the force of the sentence is to stop for each month the amount stated. Thus, ten dollars of monthly pay for one year would be a stoppage of one hundred and twenty dollars.-[G. O. 121, 1874.]

907. When the sentence is silent as to the date of commencement of the forfeiture of pay, it will begin with the date of promulgation of the sentence in Orders, and will not apply to pay accrued previous to that date. This will hold good whether the sentence imposes a forfeiture of a specified sum or one of a certain amount per month.-[G. O. 53, 1878.]

908. Where the same time is covered by two or more forfeitures, they must, as to such time, apply together, until all are satisfied. The rate of forfeiture for a given time will then be the aggregate of the rates of the several forfeitures applicable thereto, whether the actual rate of pay for the time be greater or less.-[G. O. 53, 1878.]

909. A Court-Martial cannot assign and make over the pay of a soldier to any other person, and the receipt of such person will not be a sufficient voucher for the disbursing officer. Nor can a soldier be required to receipt for money paid without his consent to another person.-[G. O. 2, 1857.]

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911. The authority which has designated the place of confinement, or higher authority, can change the place of confinement, except in case of prisoners confined in the Leavenworth Military Prison, who are subject only to the orders of the Secretary of War. -[G. O. 90, 1868; Sec. War, April 3, 1876.]

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913. Ordnance Sergeants, Commissary Sergeants, and Hospital Stewards, though liable to discharge, may not be reduced. Nor are they to be tried by Regimental or Garrison Courts-Martial, unless by special permission of the Department Commander.-[Regs. 1863, 895; G. O. 38, 1873.]

914. Every Court-Martial shall keep a complete and accurate record of its proceedings, to be authenticated by the signatures of the President and Judge Advocate, who shall also certify, in like manner, the sentence pronounced by the Court in each case. The record must show that the Court was organized as the law requires; that the Court and Judge Advocate were duly sworn in the presence of the prisoner; that he was previously asked whether he had any objection to any member, and his answer thereto. A copy of the order appointing the Court will be entered on the record in each case.-[Regs. 1863, ¶ 891.]

915. The record shall be clearly and legibly written, as far as practicable, without erasures or interlineations. The pages will be numbered, with a margin of one inch on the left side of each

page, and at the top of the odd and bottom of the even pages; through this last margin the sheets are to be stitched together; the documents accompanying the proceedings will be noted and marked in such manner as to afford an easy reference.-[ Regs. 1863, ¶ 893.] 916. No recommendation will be embraced in the body of the sentence. Those members only who concur in the recommendation will sign it.-[ Regs. 1863, ¶ 894.]

917. The record of the proceedings of a Court-Martial will be indorsed on the first fold, by the Judge Advocate or Recorder of the Court, with the name of the place where the Court is held; the date when the proceedings were signed; the designation of order convening the Court; the names of the presiding officer, the Judge Advocate, and of the prisoner tried.

[G. O. 29, 1871.]

918. The Judge Advocate shall transmit the proceedings, without delay, to the officer having authority to confirm the sentence, who shall state, at the end of the proceedings in each case, his decision and orders thereon.—[ Regs. 1863, ¶ 896.]

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920. When a Military Court adjourns for three days or more, the members belonging to the command where it assembles, or to adjacent posts (to which, with the sanction of the Department Commander, they return on the daily adjournments), will be liable to duty with their respective commands during the time of such adjournment, and the adjournment shall be reported by the Judge Advocate or Recorder to the commanders concerned. When the Court adjourns for less than three days, its members will ordinarily be exempt from other duty during that time. This paragraph will be regarded as directory only, and may be modified by Department Commanders, according to the exigencies of the service.[Regs. 1863, ¶ 901; G. O. 50, 1874.]

921. When a Court-Martial or Court of Inquiry adjourns without day, the members will return to their posts and duties, unless otherwise ordered.-[Regs. 1863, ¶ 900.]

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923. When a Court-Martial appears to have erred in any respect, the reviewing authority may reconvene the Court for a reconsideration of its action, with suggestions for its guidance. The Court may thereupon, should it concur in the views submitted, proceed to remedy the errors pointed out, and may modify or completely change its findings. The object of reconvening the Court in such a case is to afford it an opportunity to reconsider the record, for the purpose of correcting or modifying any conclusions thereon, and, also, to make any amendments of the record necessary to perfect it. Anything like a reopening of the case, by calling new witnesses, or recalling those already examined, is wholly foreign to the proceeding.-[G. O. 82, 1872; G. O. 47, 1879.]

924. The power to pardon or mitigate the punishment ordered by a Court-Martial is vested in the authority confirming the proceedings (except in case of prisoners confined in the Leavenworth Military Prison), and in the President of the United States.-[ Regs. 1863, ¶ 899; G. O. 72, 1873.]

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926. An order remitting forfeiture of pay operates only as to time subsequent to its date. The forfeiture continues operative for the time between date of promulgation of sentence and date of order of remission, and at the rate fixed in the sentence if the forfeiture be one of a certain amount per month; or, if it be of a specified sum, at the rate of the soldier's current pay, less deduction for Soldiers' Home. To this extent a remitted forfeiture must stand as a charge against the soldier's pay until satisfied.-[G. O. 53, 1878.]

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928. Company commanders should be careful in noting sentences upon muster-rolls to give all of the data affecting pay, including the dates of the several orders of sentence and remission. Where one or more payments have been made to the soldier for time subsequent to date of an order of sentence, the muster-roll should be made to show the amount that has been deducted on account of the forfeiture. The data required by this regulation should continue to be borne on successive muster-rolls until the entire amount of the forfeiture for the time between dates of orders of sentence and remission shall have been deducted.-[G. O. 53, 1878.]

929. Whenever prisoners are sent to the Leavenworth Military Prison to serve out their sentences, the order promulgating the sentence, and the descriptive list (to which will be appended a statement of conduct) will be forwarded with them.-[G. O. 64,

930. When it is necessary to employ a clerk to aid the Judge

Advocate, the Court may order it a soldier to be procured when practicable.-[Regs. 1863, ¶ 1138; Sec. War, 1870.]

931. The employment of a reporter, under section 1203, Revised Statutes, is only authorized for General Courts-Martial in cases where the authority convening the Court may consider such an officer necessary.-[G. O. 26, 1880.]

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933. No person already under pay in Government employ, enlisted men included, can lawfully receive extra compensation as clerk for a Military Court.-[Sec. War, May 29, 1874, and June 19, 1877; G. O. 95, 1876.]

934. Under the Rules and Articles of War, it is made the duty of commanding officers to see reparation made to the party or parties injured, from the pay of soldiers who are guilty of abuses or disorders committed against citizens. Upon proper representation by any citizen of wanton injury to his person or property, accompanied by satisfactory proof, the commanding officer of the troops will cause the damage to be assessed by a board of officers, the amounts stopped against the pay of the offenders, and reparation made to the injured party. This proceeding will be independent of any trial or sentence by Court-Martial for the criminal offense. — [G. O. 35, 1868; A. G. O., Dec. 21, 1870.]

939. Discharge papers, descriptive lists, orders promulgating or modifying sentences, and statements of conduct since under sentence will be forwarded to the commandant of the prison with each prisoner sent there for confinement.-[G. O. 64, 1875; A. G. O Aug. 22, 1876.]

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ARTICLE LXV.

NATIONAL CEMETERIES.

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ARTICLE LXVI.

THE NATIONAL PARK OF MACKINAC.

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