ORDER IN RELATION TO TRIALS BY MILITARY COURTS AND COMMISSIONS.

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:

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