Whereas some military commanders are embarrassed by doubts as to the
operation of the proclamation of the President dated the 2d day of
April, 1866, upon trials by military courts-martial and military
officers; to remove such doubts--
_It is ordered by the President_, That hereafter, whenever offenses
committed by civilians are to be tried where civil tribunals are in
existence which can try them, their cases are not authorized to be, and
will not be, brought before military courts-martial or commissions, but
will be committed to the proper civil authorities. This order is not
applicable to camp followers, as provided for under the sixtieth article
of war, or to contractors and others specified in section 16, act of
July 17, 1862, and sections 1 and 2, act of March 2, 1863. Persons and
offenses cognizable by the Rules and Articles of War and by the acts of
Congress above cited will continue to be tried and punished by military
tribunals as prescribed by the Rules and Articles of War and acts of
Congress hereinafter cited, to wit:
[Sixtieth of the Rules and Articles of War.]
60. All sutlers and retainers to the camp, and all persons whatsoever
serving with the armies of the United States in the field, though not
enlisted soldiers, are to be subject to orders, according to the rules
and discipline of war.
[Extract from "An act to define the pay and emoluments of certain
officers of the Army, and for other purposes," approved July 17, 1862.]
SEC. 16. _And be it further enacted_, That whenever 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 guilty by a court-martial of fraud or willful neglect of duty,
he shall be punished by fine, imprisonment, or such other punishment as
the court-martial shall adjudge; and any person who shall contract to
furnish supplies of any kind or description for the Army or Navy, _he_
shall be deemed and taken as a part of the land or naval forces of the
United States for which he shall contract to furnish said supplies, and
be subject to the rules and regulations for the government of the land
and naval forces of the United States.
[Extract from "An act to prevent and punish frauds upon the Government
of the United States," approved March 2, 1863.]
_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That any person in the land or
naval forces of the United States, or in the militia in actual service
of the United States in time of war, who shall make or cause to be made,
or present or cause to be presented for payment or approval to or by any
person or officer in the civil or military service of the United States,
any claim upon or against the Government of the United States, or
any department or officer thereof, knowing such claim to be false,
fictitious, or fraudulent; any person in such forces or service who
shall, for 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,
certificate, affidavit, or deposition, knowing the same to contain any
false or fraudulent statement or entry; any person in said forces or
service who shall make or procure to be made, or knowingly advise the
making of, any false oath to any fact, statement, or certificate,
voucher or entry, for the purpose of obtaining or of aiding to obtain
any approval or payment of any claim against the United States, or any
department or officer thereof; any person in said forces or service who,
for the purpose of obtaining or enabling any other person to obtain
from the Government of the United States, or any department or officer
thereof, any payment or allowance, or the approval or signature of any
person in the military, naval, or civil service of the United States
of or to any false, fraudulent, or fictitious claim, shall forge or
counterfeit, or cause or procure to be forged or counterfeited, any
signature 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 or genuine, knowing the
same to have been forged or counterfeited; any person in said forces or
service who shall enter into any agreement, combination, or conspiracy
to cheat or defraud the Government of the United States, or any
department or officer thereof, by obtaining or aiding and assisting to
obtain the payment or allowance of any false or fraudulent claim; any
person in said forces or service who shall steal, embezzle, or knowingly
and willfully misappropriate or apply to his own use or benefit, or who
shall wrongfully and knowingly sell, convey, or dispose of any ordnance,
arms, ammunition, clothing, subsistence stores, money, or other property
of the United States, furnished or to be used for the military or naval
service of the United States; any contractor, agent, paymaster,
quartermaster, or other person whatsoever in said forces or service
having charge, possession, custody, or control of any money or 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 willfully to conceal such money or other property, deliver or cause
to 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 a certificate or receipt; any person in said
forces or service who is or shall be authorized to make or deliver any
certificate, voucher, or receipt, or other paper certifying the receipt
of arms, ammunition, provisions, 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 intent to cheat, defraud, or injure the United States; any
person in said forces or service who shall knowingly purchase or
receive, in pledge for any obligation or indebtedness, from any soldier,
officer, or other person called into or employed in said forces or
service, any arms, equipments, ammunition, clothes, or military stores,
or other public property, such soldier, officer, or other person not
having the lawful right to pledge or sell the same, shall be deemed
guilty of a criminal offense, and shall be subject to the rules and
regulations made for the government 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 of war, and to the
provisions of this act. And every person so offending may be arrested
and held for trial by a court-martial, and if found guilty shall be
punished by fine and imprisonment, or such other punishment as the
court-martial may adjudge, save the punishment of death.
SEC. 2. _And be it further enacted_, That any person 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 afterwards receive his
discharge or be dismissed from the service, shall, notwithstanding such
discharge or dismissal, continue to be liable to be arrested and held
for trial and sentence by a court-martial in the same manner and to the
same extent as if he had not received such discharge or been dismissed.
* * * * *
By order of the Secretary of War: