Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-06-22
VOLUME XXXIII.

/ department ylurgf thereof, any
| lgWIuee ur the approval or signature ol any per
son la the military. naval or civil service OF the
| United states, Of or TO any false, fraudulent or
fictitious claim shall forge or counterfeit cause
| or procure 10 be forged cOuntcreited, any sig
| nature upon any BILL receipt, voucher, account,
| claim, roll, statement, affidavit, or deposition
| and any person IN said forces or service who shall
| utter or use the same a true or genuine, knowing
the 90 have been forged or cOunt eTieled; any
| person Ia sald iOTccs or service who snail enter
/ into any agreement, combination, or conspiracy
| 10 cheat OF deiraud the government Of the United
| States, any department or officer thereof by
| obtaining or aiding and assisting 10 obtain.
| the payment or allowance Of any false OF
FRAUDULENT claim; any person IN sald forces
p ! or service who shall steal, embezzle, or
knowingly and wilully misapproprlatc or apply
10 his own use or benefit, or who shall Wrongiully
and knowingly sell, com ey, OTdsPOse Of any.ord-
| nance, arms, ammunition, clothing, subsistence
| stores money. or other property OF the United
| States, furnished, OF to bG used for the military
| or naval service of the United States any CON
tractor, agent, paymaster, quartermaster, or 9TH
| er person whatsoever III sad forces or service
having charge, possession, custody, or cSntrol OF
| any money or other public property, used or 10
| be used in the military or naval service OF the
| United States who shall with intent 10 deiTaud
| the United States, or wlliully TO conceal such
| money or other property, deliver or cause 10 be
delivered to any other person having authority to
receive the same. any amount Of such money or
other public property less than that for which he
shall receive certificate or receipt; any person IN
said forces or service who rs OF shall be author
iZed to make or deliver any certificate, voucher, or
| receipt, or other paper certifying the receipt of
arms ammunition, provisions, ,clOthlngO or other pub
Lc property used or to be used, who shall make
or deliver the saIre TO any persOn without having
! full knowedgeOf the truth Of the facts stated
therein. and with intent to cheat, defraud, or in
jurc the United states; any person in said forces
| or service who shall knowingly purchase or re-
| ceIve, in pledge for any obligation or indebted
! ness from any soldier, officer or other person
| called into or employed in sand forces OF service,
| any arms, equipments, ammunition, clothes, or
military torres or other public property, such sol
dier, officer or other person not having the lawful
| right to pledge or sell the same, shall be deemed
guilty OF criminal offence, and shall be sulJet TO
| the rules and regulations made for the govern
| mcnt of the military and naval forces Of the
United States and Of the militia when called into
and employed in the actual service Of the United
! States in time ui war, and TO the provisions OF
! this act. Aud every person 50 Offending may be
arrested and held for trial by court-martal. and
! if found guilty shall be punished by fine and i'm
| prisonment, or such other punishment as the
! court martial may adJudge, save the punishment OF
! death.
| SIC. 2 iHd be- Il further raacted That any per
heretofore called or hereafter to be called into
| or employed in such forces or service, who shall
commit any violation of this act and shall after
wards receive his discharge, or be dismissed from
the service, shall, notwithstanding such discharge
or dismissal continue TO be liable 70 be arrested
aud held Tor trlal ana sentence by court martial
ia the same manner and to the same extent aS If
he had not received such discharge or been dis
missed
naval forces of the United States, nor in the mill
tia called into actually employed in the service
ut lue tulied states, VINO snail 10 OF commit any
of the acts prohibited by any OF the foregoing
provisions of this act, he shall forfeit and pay to
the United States the sum Of two thousand dol
lars, and, in addition, double the amount OF dam
ages which the United States may have sustained
by reason of the doing or committing such act,
together with the costs Of suit and such forfeiture
aud damages shall be sued for IN the same suit,
ard every such person shall in addition thereto.
on conviction in any court of competent jurisdic
tion. be punished by imprisonment not less than
one nor more than five years, or by fine of not
less than one thousand dollars, and not more than
five thousand dollars
WHAT Is MEANT BY THE TERN CONTRACTOR"
It Is manifest looking to this act alone. that the
only ohcnse for which it processes 10 subject con-
tractor TO trial by court martial Is the single
one Of delivering causing to be delivered to
some person having authority to receive the same
an amount of money or other public property OF
which he has charge, possession, custody. or con-
troll less than that for which b0 shall receive a
certificate or receipt with intent to delraud the
United States or willfully conceal such money or
property. / SIN inclined to think that by the term
" contractor here used IS not meant the person
who contracts 10 furnish the Government subsis-
tcuce. clothing. or other supplies for its army or
navy, but some person who has IN charge, posses
sion, or control such supplies after they have
been furnished. The contractor contemplated by
the statute is evidently who has in his charge
possession, custody. or control money or proper
ty which actually belongs TO the United states,
and not such as has been contracted to be deliver
cd aud which does not become the property ofthe
United States until delivered.
WHO ARE MILITARY CONTRACTORS.
The only person known to me connected with
the army of the Uuited States who at oil answers
this description of contractor Is the Military
Storckccpcr' mentioned IN the 3jth Article of War;
in the Sth section of the act of 9TH july 1867 18th
Statute 500, in the lst section of the act May 2Oth
lSG2 10Th Statute ie3, and in the 10th section of
the act 18th July. 1852. 18th statute 600. These
Military Storckeepcrs' are required by law TO
give bond and security for the faithful perform
ancc Of their duties They arc, therefore, m a |
certain sense. contractors and precisely such |
contractors have charge Of the property of the
United States in the sense contemplated by the |
aboyc-nolcd provisions of the act Of March ID, |
1863. No other contractor known to the law has |
such charge. Certainly contractor Cor supplies |
has no such charge. Moreover, Military Store |
keeper is a regularly commissioned officer, or |
member of the army. There Is no difficulty IN |
subecting him 10 a trial by court martial but |
there Is certainly great difficulty, If not an IN
sumomtable constitutional obstacle, to the sub |
jecting of civil contractors for supplies for the
army to such jurisdiction. Surely that construc- |
ton of the act which makes all of its provisions
Ineligible and harmonious with the Constitution |
should be adopted rather than one which is un- |
meaning. and. 10 say the least, of doubtful CON
stltutiOnalty.
PERSONS PROPERLY To BIZ HELD BY MILITARY |
COURTS, UNDER THE ACT.
Assuming this construction of the act Of March |
> lSl to bc correct-and think il iS-thcrc Is no
person who isnot literally and really in the land
naval forces or in the militia IN service, that,
under the provisions of the first section, can be
tried by n court martial; all other persons, that
is all not in land naval service, or in the mil
itia when in service, are, by the terms OF the third
section 10 be tried by civil court. This c0nstruc-
tion is fortified by the provisions of the second |
section for surely the terms discharge from ser |
vice dismissed from service apply TO those |
persons only who are in the service in such sense
that they can be discharged or dismissed there |
from. These are technical terms frequently used |
in our laws and regulations relating to the army |
and navy, aud their signihcation Is well under |
stood They are evidently used in this section IN |
their ell-knowu and common meaning; they |
have no application to an ordinary contractor Tor |
supplies. lie Is not in the service TO be discharged
or dismissed. lie receives no discharge or dis
missal. II he perform has contract, or II Is re
scnded. he Is abs0lNed from hls obligation; but l |
repeat he IS not in any correct sense dis
charged " or dismissed " " from service
HENDERSON NOT To HE TRIED BY A COURT MAR
rIAL. UNLESS ACTUALLY AND LITERALLY ~ gIE |
UNITED STATES MILITARY SERVICE.
1t Is unnecessary TO pursue the discussion of this
branch Of the subject further, for il Is conceded |
and Hndcuiablc that, unless the rclator was in
the land forces being in the militia service might
not Suiiccl nj the time he committed the alleged |
ufcnses he Is not subject TO be tried by court |
martial on the charges on which he has been ar
ruigued. What | have said respecting the con
Structiou of the act Of March >, lNb3 has been |
said chiefly 90 show that Congress has not by |
that act. conferred ON cOurts-martial that en-
larEcd jurisdiction over ordinary contractors
which military men have, l understand. supposed,
and what has been said on this subject will not |
have been said in vain II 1t shall enable IL to ap-
PIoaoh WIN p"tI'I uiu'IStahulhE tly VVtSIucl-
alton Of other acts Of Congress to which reference
Will now be made,
POSITION ASSUMED UY uE PROSECUTION SHOCK
ING 10 COMMON UNDERSTANDING.
The act Of March p 1853. as VIC have seen, sub
iccts amy person in tie land or naval forces of
the United states 10 trial by court martial for
various uhcnsos. II l. not pretended that il Is |
anywhere alleged I'm the charges ON which the |
rclator was arraigued that he ever had |
been in either the land or naval forces, but Il is
insisted that the charge that he was late con
tractor. engaged in furnishing supplies TO the /
United States Government for tho use of the mill
tary service thereof Is equivalent to- and IN legal
effect the same as. @ direct charge that he was
lately u the land forces of the lnltcd States. The
proposition that these charges are identical Ger
taluly shocks the common understanding. To /
contend that the assertion that one Is con
tractor engaged in furnishing supplies TO the Uni
ted States Government in the military service |
thereof, Is the same aS the assertion that he Is
soldier or that ne Is in the land forces, is to
maintain a most startling proposition and yet |
this prcclSe proposition must be maintained IN /
order to furnish any prCtcuSc otjurlsdlcuou 60 the
court-martial over the rclatoT.
THE LAW on wHICU MILITARY JURISDICTION IN THE
CASH Is CLAIMED To EE FOUNDED.
Startling rs the proposition Is il is insisted that
il is fully supported by the provisions of the 10th
section of a e act of July 18th. 1862 entitled An
act q define the pay and cmulumentS of certain /
officers of the army, and for other purposes i
Stat. sea This section reads rs follows: That
whenever any contractor for substance, clothing
arms, ammunition. munitions OF war, and Tor every
description Of supplies for the army or navy Of the
United States, shall be found guilty by court
martial. OF fraud or wiliul neglect Of dutN he
shall bc punished by fine. imprisonment OF such
other punishment rs the court martial shall ad-
judge; and any person wk0 shall contract 20 iur-
uish supplies of any kind or description for the
army or navy shall be deemed and taken as a part