The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1866-05-03
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WAh DHPAnTmuNTl
ApJurAsT 0ESERLL's OTpIcn,
WAsarSoros, May l, 1899.
General Ord 70. No %:
ORDERS IN RELATION TO TRIALS NJ MILITARY COURTS
AND COMMISSIONS.
Whereas some military commanders are embar.
rassed BY doubts as to the operation Of the procla
nation Of the President dated the I'd day Of April
1855, upon trials BY military courts martial for mil
itary offences 70 remove such doubts II Is ordered
Hereafter, whenever offences oomiittsd By civil
ians to be tried where civil tribunals are in ex.
istence which try them, their cases arc not au-
thoriEed to be- and will not be- brought before mil.
itary court smartia or commissions but will be
mitted to the proper civil authorities This order
is not applicable TO camp followers, as provided for
under the sdtieth afticie Of war or 70
and others specified 10 section sixteen act Of July
", 1882 and sections one and two act Of March q,
1868. Persons and offences cognirable BY the rules
and articles Of war, and by the acts Of Congress
above cited will continue to DO tried and punished
BY military tribunals prescribed BY the rules and
articles Of war and acts Of Congress hereinafter
| cited, to wit:
srxrIKrH or TIE RULES AND ARTICLES or wan.
All suffers and retainers TO the camp, and all
persons vhatsoever, serving with the armies Of the
United States In the field though not enlisted SOL
diers are to be snhjsetto ordsrs, aeoordng to tho
rules and discipline Of war.
ACT or JULY ~, 1862.
Sec. 49, And BE- 1t further enacted That whom
ever any contractor for subsistence, clothing
arms, ammunition, munitions Of war, and for
every description Of supplies for the army or navy
Of the United states, shall be found suilty by
court martial Of fraud wilful neglect Of duty he
shall be punished by hne, Imprisonment, or such
other puni'hment as the court -martial shall ad.
judge; and any person who shall contract to fur.
nish supplies Of any kind or description for the
army or navy, =. shall be deemed and taken as q
part Of the land or naval forces Of tho United
States fer which he shall contract to furnish said
supplies, and be subject TO the rules aud regula-
lions for the government Of the land and naval
forces Of the United States.
ACT OF MARCH 2, 1868
Be IL enacted By fhs Senate aad Honss Of R,prs.
SIGNATURES Of hs United States Of America in Con.
| gress assembled That any person In the land or
naval forces Of the United States In the militia
In actual service Of the United States In time Of
| war, who shall make or cause TO be made or pre-.
| sent or cause to be presented for payment or Rp.
prevail to by any person officer Ia the civil or
military service Of the United States claim upon
against the Government Of the United States, or
any department or officer thereof, knowing such
| claim 70 be false, fictitious, or fraudulent; any
person In such forces or service who shall, fnr the
| purpose Of obtaining. or aiding In obtaining, the
approval or payment Of such claim, make, use, or
cause to be made or used, any false bill receipt.
voucher, entry, roll, account claim, statement GER
tifcate affidavit or deposition knowing the same to
contain any false or fraudulent statement entry
any person In said forces service who shall make
or procure to be made or knowingly advise the
| making Of any false oath to. any faeL statement
or certificate, voucher or entry, Tor the purpose Of
obtaining Of aiding to obtain any approval pay.
ment of any claim against the United States or
any department or officer thereof; any person In
said forces service who, for the purpose Of OBJ.
tanning or enabling any other person to obtain
from the Government Of the United States, or any
department or officer thereof, any payment or al
lowance, or the approval signature Of any person
In the military naval, civil service of the Uni
ted States Of or to any false fraudulent, hcti-
tiOus claim, shall forge, counterfeit, or cause
procure to be forged or counterfeited, any sigma.
ture 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 as true and genuine.
| knowing the same to have been forged or
eounterfeited; any person in said forces or ser
vice who shall enter into any agreement, oombi-
nation, or conspiracy to cheat or defraud the
Government Of the United States or any de-
partment officer thereof by obtaining, or
aiding and assisting to obtain, the payment or al.
lowance Of any false Or fraudulent claim any per.
in said forces service who shall steal ember.
ale, or knowingly and vilfully misapproprate or
apply to his own benefit, or who shall wrong
fully and knowingly sell, convey, or dispose Of any
ordnance arms ammunition clothing 'rb'stenes
States furnished or to be used for the military or
naval service Of the United States any contractor
agent, paymaster, ;quartermastsr or other person
WhAtsoeyer in said forces service having charge,
other public property, used or to be used in the
military or naval service Of the United States who
shall with intent TO defraud the United States or
willully to conceal such money or other property,
deliver cause TO be delivered to any other per.
son having authority to receive the SAINT any
amount Of such money other public property
less than that for which he shall receive certificate
or reoeipt any person In said forces service who
IL or shall be authorized to make or deliver any
certificate, voucher, or receipt other paper cor
Of FTna I'M nil tnn
ions, clothing. or other public property so used or
to be used, who shall make or deliver the same to
any person without having full knowledge Of the
truth Of the facts stated therein and with intentt to
cheat, defraud, or injure the United States; any
person In said forces service who shall knowingly
purchase or receive In pledge or for any obligation
or Indebtedness, from any soldier, officer, or other
person called into or employed In said forces
vice, any arms, equipments, ammunition, clothes.
or military stores other public property such
soldier, officer or other person not having the law
full right to pledge sell the same, shall be deemed
guilty Of criminal offence and shall be subject 10 tho
rules and regulations made for the government OF the
military aud naval forces Of the United staies and
of the militia when called into and employed in the
actual service Of the United States In time Of war;
aud to the provisions Of this act. And every person
20 offending may be arrested and held for trial by
court-martial and II found guilty shall be punished
by fne and imprisonment, or such other punishment
the court martial may Judge, save the punish.
ment Of death.
Sec. 2. And ben further enacted, That any person
heretofore called hereafter TO be called into or
employed in such forces service, who shall com.
nit any violation Of this act and shall afterwards
receive his discharge be dismissed from the scr
vice, shall, notwithstanding such dicharge or die.
ssaI continue to be liable to be arrested and held
for trial and sentence bya court-Inartial, In the
same manner and to the same extent as II he had
not received such discharge or been d smisssd.
by ordsr Of The Secretary of War:
&. ID. TOWNSEND,
Assistant Adjutant General.