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the ninth and tenth lines of section four,' as published in the nineteenth volume of the Statutes at Large, the words "and conclusive;" and, in the tenth line, the words and treaties;" and, by inserting after the word “Territories,” at the end of the eleventh line, the following words, to wit: “but shall not preclude reference to, nor control, in case of any discrepancy, the effect of any original act as passed by Congress since the first day of December, eighteen hundred and seventy-three.” Act of March 9, 1878 (20 Stat. L., 27).
SUPPLEMENTS TO THE REVISED STATUTES.
Par. 474, 175. The supplement of 1881. 478. The supplement of 1895 (Vol. II). . 476, 477. The supplement of 1891 (Vol. I). | 479, 480. The supplement of 1899.
THE SUPPLEMENT OF 1881.
Supplement to the Revised Stat41. June 7, 1880, v. 21, p. 308.
474. That the supplement to the Revised Statutes, emtoint res. No bracing the statutes general and permanent in their nature
passed after the Revised Statutes with references connecting provisions on the same subject, explanatory notes, citations of judicial decisions, and a general index, prepared by William A. Richardson, be stereotyped at the Government Printing Office; and the index and plates thereof and all right and title therein and thereto shall be in and fully belong to the Government for its exclusive use and benefit.” Joint resolution No. 44, June 7, 1880 @1 Stat. L., 308).
graphs of the Constitution to which the opinions respectively relate, and reference is also made to the small number of decisions which interpret or in any manner touch the Ordinance for the Government of the Northwestern Territory.
The appendix contains the various statutes which provide for or relate to the “revision and consolidation of the statute laws of the United States," and also a cross index by which the various provisions of the Revised Statutes may be traced to the original enactments in the Statutes at Large.
In the preparation of the index I have had the best assistance which I could command, and no labor has been avoided that could contribute in the least to the perfectness of the work. While it is not probable that the end sought has been attained I indulge the hope that the character of the index may, in some reasonable degree, meet the expectation of Congress, the executive officers of the Government, the jucliciary, and the profession generally.
The analytical index to the Constitution was prepared by W. J. McDonald, esq., late Chief Clerk of the United States Senate.
The historical notes to the Declaration of Independence, the Articles of Confederation, and the Constitution are taken from a work entitled “The Organic Laws of the United States of America,” prepared by Maj. Ben: Perley Poore, and printed by authority of Congress.
* Paragraph 474, ante.
2 Under this resolution a supplement was published in 1881, entitled volume 1. It was then supposed that other volumes would be authorized, from time to time, by subsequent legislation. This proved not to be the caje, as the act of April 9, 1890 (paragraph 420, post), provided for the continuation of the publication, to be issued in one volume and to embrace the general laws passed subsequent to the issue of the Revised Statutes and including those of the Forty-seventh, Forty-eighth, Forty-ninth, Fiftieth, and Fifty-first Congresses. See note 2 to paragraph 123, post.
475. The publication herein authorized shall be taken to facile evidence
To be prima be prima facie evidence of the laws therein contained, in all Ibid. the courts of the United States and of the several States and Territories therein; but shall not preclude reference to, nor control, in case of any discrepancy, the effect of any original act as passed by Congress: Provided, That Proriso. nothing herein contained shall be construed to change or alter any existing law. Ibid.
THE SUPPLEMENT OF 1891, VOL. I.
476. That the publication of the Supplement to the Re- Supplement of vised Statutes, embracing the statutes general and perma- stapr. 9, 1890, v. nent in their nature, passed after the Revised Statutes, 26, p. 50. with references connecting provisions on the same subject, explanatory notes, and citations of judicial decisions, be continued and issued in one volume, to include the general Contents. laws of the Forty-seventh, Forty-eighth, Forty-ninth, Fiftieth, and Fifty-first Congresses, with a table of alterations and a general index to the whole, to be prepared and edited by the editor of the existing Supplement, authorized by the joint resolution of June twenty-eighth, eighteen hundred and eighty, numbered forty-four (Supplement to Revised Statutes, page five hundred and eighty-two), to be stereotyped at the Government Printing Office, using the present plates, as far as practicable, with such alterations as may be found necessary, the work and plates and all right and title therein and thereto to be in and fully belong to the Government for its exclusive use and benefit.
Act of April 9, 1890 (26 Stut. L., 50).
Sec. 3, ibid.
477. That the publication herein authorized shall be. To be prima taken to be prima facie evidence of the laws therein contained, but shall not change nor alter any existing law, nor preclude reference to nor control, in case of any discrepancy, the effect of any original act passed by Congress.' Sec. 3, ibid.
THE SUPPLEMENT OF 1895, VOL. II.
478. That the publication of the Supplement to the supplement of Revised Statutes of the United States shall be further , Feb. 27, 1893, v. continued under the editorial charge of the editor of the
27, p. .
The volume published in conformity to the authority herein conferred was published in 1891, and is entitled “Vol. 1, Supplement to the Revised Statutes of the United States. Second edition. 1874–1891," and supersedes the volume published under the authority conferred by the joint resolution, No. 44, of June 7, 1880 (21 Stat. L., 308).
existing Supplement and his assistants. Act of February 27, 1893 (27 Stat. L., 477).
THE SUPPLEMENT OF 1899.
Supplement of 1899.
30, p. 615.
479. To enable the Secretary of the Treasury to pay, July 1; 1898, V: when the work shall be completed, for preparing and edit
ing a Supplement to the Revised Statutes of the United States for the Fifty-fifth Congress, under the act of February twenty-seventh, eighteen hundred and ninety-three
dollars. Act of July 1, 1898 (30 Stat. L., 615).
480. Hereafter the Supplement of the Revised Statutes od 1897, v. shall only be published at the expiration of a Congress, and
in one volume, and all expenses of preparing and editing the same shall not exceed one thousand dollars.
Act of June 4, 1897 (30 Stat. L., 30).
Publication of supplements.
30, p. 30.
THE STATUTES AT LARGE.”
Feb. 27, 1893, v. 27, p. 477.
481. At the end of each session of Congress a pamphlet edition of the permanent and general legislation of the session, with notes, references, and an index, substantially on the plan of the existing Supplement, shall be stereotyped and printed at the Government Printing Office; the plates and all rights thereto to be the property of the United States. That the number of copies of said pam
1 Under the authority conferred by this statute a second volume of the Supplement was published in 1895. It contains all general legislation of the Fifty-second and Fifty-third Congresses between January 22, 1892, and March 2, 1895.
• Table showing the period corered by cach of the thirty-one volumes of the Statutes at Large.
Mar. 1, 1789
Mar. 3, 1799
Mar. 4, 1871
9 10. 11 12 13. 14 15 16.
Mar. 3, 1851
a Private laws.
Distribution and sale,
phlet and the distribution and sale thereof shall be the
482. The Secretary of State shall cause to be edited, printed, published, and distributed pamphlet copies of the pamphlet statutes of the present and each future session of Congress 73, 120.2.614. to the officers and persons hereinafter provided for; said distribution shall be made at the close of every session of Congress, as follows:
To the President and Vice-President of the United States, two copies each;
Jan. 12, 1895, s.
Sec. 73, act of January 12, 1895 (28 Stat. L., 601, 614.)
483. The Secretary of State is authorized to have printed copies for nule, as many additional copies of the pamphlet laws as he may deem needful for distribution and sale by him, at cost price, not exceeding one thousand copies of the laws of any one session in any one year. Ibid.
484. After the close of each Congress the Secretary of Bound copies. State shall have edited, printed, and bound a sufficient number of the volumes containing the Statutes at Large enacted by that Congress to enable him to distribute copies, or as many thereof as may be needed, as follows:
To the President of the United States, four copies, one of which shall be for the library of the Executive Mansion;
To the War Department, seventy-five copies;
Printed 485. The pamphlet copies of the statutes and the bound 1 Previdence. copies of the acts of each Congress shall be legal evidence lid. of the laws and treaties therein contained in all the courts of the United States and of the several States therein. The said pamphlet and the Statutes at Large shall contain all laws, joint and concurrent resolutions passed by Conyress, and also all conventions, treaties, proclamations, and agreements. Ibid.
486. The various officers of the United States to whom, copies of Statutes in virtue of their offices and for the uses thereof, copies of Aug.'s
, 1846, C. the United States Statutes at Large, published by Little, Ser. 1777, K.s. Brown and Company, have been or may be distributed at
H. Doc. 545- -12
the public expense, by authority of law, shall preserve
President authorized to make
ulations fo the Army.
Mar. 1, 1875, v. 18, p. 337.
487. That so much of the act approved July 15, 1870, and publish reg entitled "An act making appropriations for the support of
the Army for the year ending June 30, 1871, and for other
1 Section 37 of the act of July 28, 1866 (14 Stat. L., 337), contained the following requirement: “The Secretary be and he is hereby directed to have prepared and to report to Congress, at its next session, a code of regulations for the government of the Army, and of the militia in actual service, which shall embrace all necessary orders and forms of a general character for the performance of all duties incumbent on officers and men in the military service, including rules for the government of courts-martial, the existing regulations to remain in force until Congress shall have acted on said report." No code of regulations was submitted to Congress in conformity to the terms of this statute, and it was subsequently held by the AttorneyGeneral of the United States, in an opinion rendered in the case of Contract-Surgeon Bayne (XVII Opin. Att. Gen., 461), that the above section, if not repealed by the general repealing clause of the Revised Statutes (section 5596), was superseded by the act of March 1,1875 (18 Stat. L., 337), (a) which in effect conferred authority to modify existing Army Regulations as well as to create new ones. It was also held by the same officer that the code of regulations prepared in conformity to the author. ity conferred by section 2 of the act of June 23, 1879, (b) which was approved and published to the Army on February 17, 1881 (Army Regulations of 1881), superseded the code of Army Regulations of 1863 (XVII Opin. Att. Gen., 461). See, also, U.S. v. Eaton, 144 C. S., 617, 688; Caha r. U. S., 152 0. S., 212, 219; Morrison r. U. S., 13 Ct. Cls., 1-6; Smith 1. U. S., 23 ibid., 452; Low v. Harrison, 72 Maine, 104.
? The codification of the “Regulations of the Army and General Orders,” prepared in conformity to section 2 of the Act of June 23, 1879 (21 Stat. L., 34), which was approved and promulgated to the Army on February 17, 1881 (Army Regulations of 1881), superseded the body of regulations similarly promulgated in 1863. XVII Opin. Att. Gen., 461.
The Army Regulations derive their force from the power of the President as Commander in Chief, and are binding upon all within the sphere of his legal and constitutional authority. Kurtz r. Moffatt, 115 U.S., 487, 503; U.S. v. Eliason, 16 Pet., 291; U. S. 2. Freeman, 3 How., 556. The power of the Executive to establish rules and regulations for the government of the Army is undoubted. The power to establish implies, necessarily, the power to modify or repeal, or to create anew. The Secretary of War is the regular, constitutional organ of the President for the administration of the military establishment of the nation, and orders publicly promulgated through
a Paragraph, post.
621 Stat. L., 34.