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VETERAN RESERVE CORPS.

582. ALL soldiers who have been incapacitated for active duty, but who are nevertheless able to do garrison duty, may be enlisted or transferred into the Veteran Reserve Corps, with the same pay and allowances as infantry.

This corps is a volunteer organization. The troops composing it are required to serve for the unexpired portion of their term, and re-enlistments are for three years. The organization of the corps is provided for in GO. Nos. 105, 130, and 173, 1863. The name of the corps has been changed from Invalid Corps to Veteran Reserve Corps. (General Orders No. 111, 1864.)

583. These orders provide that the officers and men composing the Veteran Reserve Corps shall consist of men of good character, whose disability has occurred in the discharge of their duty, and whose services have been faithful and meritorious.

584. Regimental commanders are required from time to time to make out the lists of officers and men physically disqualified for active field duty, and forward them, through the intermediate commanders, to the Provost-Marshal General at Washington, with the history and merits of each case stated in the column of remarks by all officers through whose hands the lists are required to pass, and who have any knowledge of the cases. (G.O. No. 105, 1863.)

585. When these lists reach the corps or department commander, he issues the order for the transfer of the invalid detachment to the reserve corps, and for it to proceed to the depot for invalids for his army corps or department, which depot is directed in General Orders from the War Department. The detachment must be accompanied by the descriptive lists and clothing accounts of the men. (GO. No. 173, 1863.)

586. Soldiers who have been honorably discharged on account of disability incurred in the service, and who deem themselves fit for garrison or other light duty, may re-enlist for three year for service in this corps, provided that they are unfit for service in the field, but fit for garrison duty, that they are deserving, and have been honorably discharged. Men desiring to re-enlist under the foregoing circumstances must present themselves before the Board of Enrollment for the district in which they reside, and be examined by the surgeon of the board, and establish the required facts in each case, to the satisfaction of the board: they can then be enlisted under the regulations prescribed by the Provost-Marshal General.

587. Soldiers receive no increased pay for reenlistment in the Veteran Reserve Corps, nor can they claim any pension, bounty, or increased pay for enlistment or re-enlistment; but no previous claim for pension or bounty will be invalidated by their enlistment in this corps; they can receive only the pay and allowances of United States infantry, and nothing additional.

588. The corps is organized into companies and regiments, and is used for garrisoning forts, towns, and other duties which these troops are capable of performing, and for which able-bodied men would otherwise be required.

589. The invalids of the regular army are organized into companies, and stationed at the recruiting depots of their respective regiments, where they constitute the permanent garrisons. They are not dropped from the rolls of their respective companies. Should they become fit for field service at any time, they are again returned to their companies. Enlistments for these companies are not allowed; but invalid soldiers, when discharged, may re-enlist in the Volunteer Invalid Corps. As soldiers in the regular army become unfit for field-duty, they are examined by the surgeons and sent to the depots, there to be attached to the invalid companies of their respective regiments. (GO. No. 290, 1863.)

VETERANS.

590. VOLUNTEERS who have served at least nine months, and who re-enlist, are entitled to be called "Veteran Volunteers," and may wear the service chevron showing that they have served one enlistment. (G.O. No. 191, 1863.)

591. Veterans are entitled to one month’s advance pay, a premium of two dollars, and bounty amounting in all to four hundred and two dollars, to be paid by installments as provided in GO. No. 191, Par. 30. If discharged before the expiration of their enlistment, veterans will receive the balance on the foregoing bounty. The heirs of veterans who die in service will be entitled to the balance of the above bounty remaining unpaid at the time of death.

592. Soldiers who re-enlisted prior to June 25, 1863, and who have complied with the conditions promulgated in G.O. No. 191 of that date, are entitled to the bounty therein provided; that is, they must have served one enlistment of at least nine months, and been regularly and properly mustered into service. (GO. No. 216, 1863.)

593. A veteran regiment, to entitle it to be called such, must be composed of at least one-half of its number of men who have served one enlistment of not less than nine months. (GO. No. 216, 1863.)

594. Recruits—that is, men who have served less than nine months, or who have not seen service at all—who enlisted in old regiments whose terms expire in 1864 and 1865, are entitled to one month’s pay, a premium of two dollars, and bounty amounting in all to three hundred and fifteen dollars, to be paid as follows:— On being mustered into service, and before leaving depot or recruiting station,—

One month’s advance pay $13.00

First installment of bounty 60.00

Premium 2.00

Total $75.00

At the first regular pay-day, or two months after muster-in 40 00

At the first regular pay-day after six months’ service 40.00

At the first regular pay-day after the end of the first year 40.00

At the first regular pay-day after eighteen months 40.00

At the first regular pay-day after two years 40.00

At the expiration of three years’ service, or before, if discharged, the remainder 40.00

Total $315.00

595. If the Government shall not require these troops for the full period of their enlistment, and they be honorably mustered out of service before, they shall receive, on being mustered out, the whole amount of bounty remaining unpaid, the same as if they had served their full term. The foregoing bounty applies to all recruits, both regulars and volunteers (G.O. No. 338, 1864, and Circular 98, Provost-Marshal General’s Office, Nov. 3,1863).

COLORED TROOPS.

596. The Act of July 17, 1862, section 12, authorizes the President to receive into the service of the United States persons of African descent, for any military or naval service for which they may be found competent. Section 13 of the same Act gives freedom to the slaves of rebels who enter the service of the United States, and also to the mothers, wives, and children of such slaves as enter the service, provided they are the slaves of rebels.

597. On this authority is based the organization of the colored regiments. The officers appointed by the President are white men, and selected by a board of examiners, as stated in par. 579. The non-commissioned officers may be either white or colored.

598. Colored soldiers receive the same pay, allowances, and bounties and are in all respects on the same footing as white troops. The administration of colored troops is, therefore, the same as that of white troops.

PUNISHMENTS.

599. THE punishment of soldiers for military offences is a subject of much importance not well understood by them, nor is it very clearly defined except in specific cases. This imperfect knowledge on the part of soldiers, and want of a clearly defined system regulating the punishments inflicted for the lighter offences, are the causes of a large number of offences that would not otherwise occur, and of errors on the part of officers, against which the soldiers may justly complain, if they only knew how to do so.

600. The authority to punish is derived from two sources. That obtained from the Articles of War and other statutes is comparatively clear and specific; but that based upon custom is not so well defined. Where the latter commences, and what is the limit to which it may be carried, seems almost entirely dependent on the discrimination of each individual officer.

601. The Articles of War provide for the punishment of all offences therein indicated by sentence of courts-martial. All cases that cannot clearly be placed under a particular article are provided for in the 99th Article. The customary charge in these doubtful cases is "conduct prejudicial to good order and military discipline." The sentence is governed by the "customs of war in like cases."

602. The confinement of soldiers and arrest of non-commissioned officers, and the lighter corporeal punishments, although not authorized by law, are sanctioned by custom; and custom is the common law of the army. The summary punishments sometimes inflicted on soldiers, such as tying them up by the hands, compelling them to carry a loaded knapsack, and similar inflictions, are resorted to in cases of insubordination, unruly conduct, &c., where the usual trial by court-martial or field-officers court cannot be conveniently had, or when the punishment is likely to be slow and tardy.

603. Soldiers should bear in mind, when they feel aggrieved at the summary punishment inflicted by an officer, that it might have been much worse had he pursued the course indicated by the law or the Articles of War, and that the officer, in inflicting a speedy punishment has only consulted the best interests of the soldier, so far as the necessity of sustaining the discipline of the service will permit.

604. The officer is able to see beforehand that if he prefers charges against the man, an indefinite period must elapse before a court-martial can be assembled; the soldier must remain in confinement in the mean while: this, added to the sentence which the court would probably inflict, would in reality be a much greater punishment than the officer would himself be likely to inflict on his own responsibility.

605. Extreme cases sometimes occur where an officer exceeds his authority, prompted by personal feeling against the soldier. Such instances, fortunately, are rare; but, as they may occur, a remedy is provided in the following Article of War:— "ART. 35. If any inferior officer or soldier shall think himself wronged by his captain or other officer, he is to complain thereof to the commanding officer of the regiment, who is hereby required to summon a regimental court-martial, for the doing justice to the complainant; from which regimental court-martial either party may, if he thinks himself still aggrieved, appeal to a general court-martial. But if upon a second hearing, the appeal shall appear vexatious and groundless, the person so appealing shall be punished at the discretion of the said court-martial."

606. When a soldier considers himself wronged, his proper course is to write a statement of his complaint in the following form, which will serve as a form for communications on any other subject when a soldier may desire to correspond with an officer—

CAMP CHASE, OHIO, January 21, 1864.

Sir:—

I have the honor to call the attention of the commanding officer of the regiment to certain acts of ill treatment that I have received at the hands of Lieut. J— C—, 2d Lieut. 1st U. S. Infantry.

(Here give the circumstances of the ill treatment in detail.)

Respectfully submitted for the action of the commanding officer of the regiment. 

Very respectfully, your ob’t svt,

C— D—,

Private Co. A, 1st U.S. Infantry.

Lieut. L—M—,

1st Lieutenant and Adjutant,

1st U S. Infantry.

Approved and forwarded,

A— B—,

Capt. Company A, 1st U S. Infantry.

607. This communication is addressed to the adjutant of the regiment, but is first submitted to the commanding officer of the company, who will endorse his views upon it before sending it up to the adjutant.

608. Such a communication should not be sent, however, without good cause, as it is liable to react on the soldier; for, if soldiers should send up such communications for every trivial matter in which they consider themselves aggrieved, it is easy to see to what extent it might be carried. In their subordinate positions, they are liable to entertain many ill-founded ideas.

609. Private soldiers, when charged with any offence, are confined under guard until their cases are acted on. In the mean time, it is-the custom that prisoners confined under guard be kept employed at such work as the commanding office may direct,—usually clearing the grounds about the camp or garrison, cutting wood, &c. Prisoners, unless employed, would soon become sick.

THE COURT-MARTIAL

610. WHEN enlisted men find themselves arraigned before a court-martial, a knowledge of how they should conduct themselves on trial is essential.

611. The charges are usually made known to the prisoner before trial. In fact, he is entitled to a copy of the charges against him beforehand and should make up his mind as to what will be his defense. He may be permitted to have counsel in the court, if he requests it.

612. When the court is ready to proceed with the trial, the prisoner is brought in. The names of the members are called over by the recorder or judge-advocate; the order convening the court is then read over, and the prisoner then asks permission to introduce his counsel into the court-room. He then is asked if he has any objections to be tried by any member on the court. If he has any objection, he must state it: the objection may be either against the right of the court to try him, or to the relevancy of the charges, or to some members of the court. The court deliberates on the objections, and he is informed of the result, whether his objections are sustained or not.

613. The court is next sworn in the presence of the prisoner, and the room is then cleared of the witnesses, and the charges are read to the prisoner, and he is asked how he pleads, first to the specifications, and then to the charge, "Guilty, or not guilty." If the prisoner does not answer, he is regarded as having plead "not guilty."

614. The witnesses that give evidence against the prisoner are called first. They are sworn by the recorder or judge-advocate, and first examined by him, then by the prisoner, and finally by the court. The prisoner writes out or dictates his questions to the recorder, who writes them down, and also the answers. The witnesses called by the prisoner are first questioned by him, then by the recorder, and then by the court.

615. When all the witnesses are examined, the prisoner makes his defense, if he has any to make, and a reasonable length of time will be allowed him if he wishes to write it, or the recorder will take it down if he delivers it verbally; or this may be done by the counsel for the prisoner The recorder or judge-advocate can reply if he chooses. If the prisoner has no prospect of disproving the charges against him, his best course is to plead guilty, and rely upon his statement in defence; or he may bring witnesses to prove his previous good character; or he may even introduce testimony mitigating the circumstances of his guilt, and to the mercy of the court.

616. During the trial it is customary to remove the shackles or handcuffs from the prisoner. After the trial, the prisoner is sent back to await the publication of the proceedings, which requires time. They are first sent to the officer ordering the court; and, if the sentence involves death, it requires the approval of the President, except in time of war, in the field, in the case of a spy or deserter, or of mutiny or murder, when it may be acted on by the commander of the army in the field. If the officer ordering the court is subordinate to the commander of the army, he may endorse final action on the proceedings, unless they extend to imprisonment in a penitentiary, or loss of life of the enlisted man, when they must be sent to the commander of the army. If the commander is himself the officer that ordered the court, then he must send the proceedings up to the President; if the soldier is sentenced to the penitentiary or death, unless in the case of a spy or deserter, or of mutiny or murder, in these cases he may act finally himself.

617. The legal punishments of soldiers are specified in the following Regulations, viz.:

"895. The legal punishments for soldiers by sentence of a court-martial according to the offence, and the jurisdiction of the court, are—death; confinement; confinement on bread-and-water-diet; solitary confinement; hard labor; ball and chain; forfeiture of pay and allowances; discharges from service; and reprimands, and, when non-commissioned officers, reduction to the ranks. Ordnance sergeants and hospital stewards, however, though liable to discharge, may not be reduced. Nor are they to be tried by regimental or garrison courts-martial, unless by special permission of the department commander. Solitary confinement, or confinement on bread and water, shall not exceed fourteen days at a time, with intervals between the periods of such confinement not less than such periods; and not exceeding eighty-four days in any one year."

618. General courts-martial are not limited in the penalties they may inflict. Regimental and garrison courts-martial are limited in their powers by the following Article of War, viz.:—

"ART. 67. No garrison or regimental court-martial shall have the power to try capital cases or commissioned officers; neither shall they inflict a fine exceeding one month’s pay, nor imprison, nor put to hard labor, any non-commissioned officer or soldier for a longer time than one month."

619. By sec. 7 of the Act of July 17, 1862, a field officer is authorized to act in all cases where a regimental or garrison court would have jurisdiction. The field officer tries the case instead of the court, and the proceedings should be similar, as far as possible, to those of a regimental or garrison court.

620. A soldier, seeking to have his sentence remitted by reason of subsequent good conduct, or in consequence of the development of new or additional testimony in his favor, may do so by submitting the facts in the case to the officer who ordered the court and revised the proceedings, or to his successor.

621. Sec. 29, Act of March 3, 1863, contains a proviso, "that if the prisoner be in close confinement, the trial shall not be delayed for a period longer than sixty days." Therefore, at the expiration of sixty days, the prisoner can lawfully claim to be tried, or released from close confinement until he can be tried.

622. When prisoners are in confinement waiting to be tried by civil authority, they cannot claim payment for any portion of the time they are so confined, unless discharged without trial, or by trial and acquitted; and company commanders are required to state on their rolls the period of such confinement, and how discharged. (Circular 21, War Department, Adjutant-General’s Office, March 1, 1864.) Soldiers convicted by civil authority are dishonorably discharged the service.

623. Soldiers should know that for all offences against persons or property, and for all crimes, they are as amenable to the civil authority as civilians, and can he arrested and tried the same as any other person.

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