Evening star., 1899-03-22
END OF THE ,ecIfIL WAR
Position Of the Navy Department Announced
by the Secretary.
Practice of the Army and Marine
Corps Followed In Fixing August
n
20, 1865, as lthe Date.

There appears to be considerable miSap-
prehension regarding the position of the
Navy Department as to the commencement
and termination of the civil and Spanish
American wars and it has been deemed
advisable to make public the text of the
Secretary's letter to the chief of the bureau
of navigation on the subject. 1t is as fol-
lows:
Sir: The department is in receipt of the
bureaus letter of the 18th instant in which
after quoting section II of the ''act to re-
organize and increase the efficiency of the
personnel Of the navy and marine corps of
the United States" approved March 3, 1899
the following questions are asked
l. What dates under the provisions of this
act are considered as the commencement
and termination of the civil and Spanish
American. wars?
2. In view of the requirements Of this act
that man shall have served thirty years
in the United States navy, is service in the
army and marine corps to be Included IN
computing the said thirty years necessary
to entitle him to be retired?
By reference to Circular No. 9, head
quarters of the army, adjutant generals
Office, Washington, March 10. 1891 it ap-
mulgated, for the guidance of the service
in connection with the act of Congress au-
thorizing a retired list for a period OF
thirty years or upward, approved February
atory act of September 30, 1890, the follow
ing Instructions:
1t is held:
1. That the war of the rebellion began
April Is. 1861.
2. That war service'' includes service
rendered as commissioned officer
3. That the war ended August 90 1866
but to entitle the applicant to double time
Tor service after April 2, 1885, it must ap-
pear affirmatively that such service was
rendered In the state of Texas
1t is understood that the practice in the
marine corps has conformed to the ruling
above quoted.
In the case Of the Protector, - Wallace,
7OO-7O2, the question, when did the re-
bellton begin and end,' with particular re-
spect to the operation of the statute of
limitations, nm was considered. In delivering
the opinion of the court the chief justice
said that the proclamation of intended
blockade by the President, which procla ma
tion was dated April 70, 1861 should be
assumed as marking the date of the COM
mencement of hostlities. If the question
now presented were 81 new one this depart
ment would be inclined to follow that de-
cision. but inasmuch as it is clearly de-
slrable that uniformity in executive inter
probation of similar statutes should be
maintained, it seems advisable that de-
parture should not be made from the long
established practice of, the army and the
marine corps
1t is further observed that 1.-The war did
not begin or close at the. same time in all
the states,' and that the courts have held
that the eth of ApFil, 1861, should be
treated as the date on which a state of war
first existed in the states Of Virginia and
North Carolina, and that So far as all the
confederate states, except nt the state of
Texas, are concernedlL the war closed on
the I'd of April, 1856. It is considered. how
ever, that in interpreting a statute of this
character in its application to the navy the
entire period during Which a state of war
anywhere existed should be taken into ac-
count.
The bureau is accordingly, in response to
its first question. advised that April u.
1sG1'' should be regarded as the date of
commencement, and August 30, 1866 as the
date of termination Of the clyil war (McEl-
rath vs. U. s., 102, Z. S. 426-43S), and
further that a state of war between this
country and the kingdom Of Spain began
April q. 1898 (act approved April %, 1898,
public No. 69), and, within the meaning of
the statute cited, still continues. The date
of its termination will doubtless be formally
announced by executive proclama ton.
With regard to the second question asked
by the bureau, 1t appears clear that serv-
ice in the army and marine corps, rendered
during the civil war during the Spanish
American war, is to be included in comput-
ing the period of thirty years prescribed in
section II of the personnel act, but that
said service rendered in time of peace is not
to be SO included.
Very respectfully
JOHN D. LONG, Secretary.