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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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