receiving the service or property charged for, approved by the commanding general, and paid in the manner provided in section sixty. Sec. 55, ibid. Payment to Sec. 56, ibid. 1767. During the annual encampment, and on every band, etc. duty or parade ordered by the commanding general, there shall be allowed and paid for each day of service: To each member of the regularly enlisted band, four dollars; to each member of the regularly enlisted corps of field music, two dollars; to the chief musician, eight dollars, and to the principal musician, six dollars. In event there is no enlisted band or field music, or not a sufficient number of either, the commanding general may authorize the employment of such as he may deem necessary for the occasion. The payments for bands of music and drum corps shall be made in the manner provided in section sixty. Sec. 56, ibid. 1768. During the annual encampment, or when ordered on duty to aid the civilian authorities, the National Guard shall be furnished with subsistence stores of the kind, quality, and amount allowed and prescribed by the Army. Such stores shall be issued from the stores and supplies apportioned for the use of the Army, upon the approval and by the direction of the Secretary of War, to the commanding general upon his requisitions for the same. 57, ibid. Sec. 1769. The commanding general shall annually transmit to the Commissioners of the District of Columbia an estimate of the amount of money required for the next ensuing fiscal year to pay the expenses authorized by this act, and the said Commissioners shall include the same in their annual estimates of appropriations for the District; and all money apportioned to pay the expenses authorized by this act shall be disbursed by the Commissioners of the District of Columbia, upon vouchers duly certified and approved by the commanding general, and accounted for by them in the same manner as all other moneys appropriated for the expenses of the District. Sec. 58, ibid. Subsistence while on duty. Sec. 57, ibid. Estimates. Disbursements. Sec. 58, ibid. be made by of the District of June 11, 1896, 1770. Hereafter, all leases and contracts involving ex- Leases, etc., to penditures on account of the militia shall be made by the Commissioners Commissioners of the District of Columbia; and the appro- Columbia. priations for the militia shall be disbursed only upon v. 29, p. 412. vouchers duly authorized by the Commissioners, for which they shall be held strictly accountable. And no contract shall be made or liability incurred under appropriations for the militia of the District of Columbia beyond the sums herein appropriated. Act of June 11, 1896 (29 Stat. L., 412). Par. GENERAL PROVISIONS. 1771. By-laws, etc., restrictions. 1772. Duties of officers. 1773. Discipline, instruction, etc. Regulations. Not to be re etc. battalion rules. Par. 1774. Regulations. 1775. Status of members. 1771. Companies, battalions, or regiments may adopt 59, v. 25, p. 772. constitutional articles of agreement or by-laws, subject to pugnant to law, the approval of the commander in chief, for the governCompany and ment of matters relating to the civic affairs of their respective organizations, the regulation of fines for nonperformance of duty, and the determination of causes upon which excuses from fines may be based: Provided, however, That such articles or rules shall not be repugnant to law or the regulations for the government of the militia: And provided further, That the articles or rules adopted by any company or battalion shall not be repugnant to the articles or rules adopted for the general government of the regiment or battalion to which it belongs. Certified copies of such articles or rules, with like copies of all alterations, as finally approved by the commanding general, shall be deposited in the office of the Adjutant-General. Sec. 59,act of March 1, 1889 (25 Stat. L., 772). Duties of offi cers. Sec. 60, ibid. Discipline. Commanding general to make regulations. Sec. 62, ibid. Status of members. 1772. The departmental and military duties of the officers provided for in this act shall be correlative with those discharged by similarly designated officers in the Army of the United States. Sec. 60, Sec. 60, ibid. 1773. The system of discipline and field exercise ordered to be observed by the Army of the United States, or such other system as may hereafter be directed for the militia. by laws of the United States, shall be observed by the National Guard. Sec. 61, ibid. 1774. The commanding general, subject to the approval of the Commander in Chief, is authorized to make and publish regulations for the government of the militia in all matters not specifically provided for by law, conforming the same to the practice and regulations of the Army so far as they may be applicable. Sec. 62, ibid. 1775. Members of the National Guard of the District of Columbia who receive compensation for their services as such shall not be held or construed to be officers of the United States, or persons holding any place of trust or profit, or discharging any official function under or in connection with any Executive Department of the Government of the United States within the provision of sec tion fifty-four hundred and ninety-eight of the Revised Par. THE TERRITORIAL MILITIA-ISSUES OF ARMS TO TERRITORIES. 1777. Governor to command militia. 1778. Election of general officers. 1779. Appointment of commissioned offi- ; cers. Par. 1780. Issues of arms to Territories. militia. The Territorial 212, v. 19, p. 91. 9, p. 447; Utah, Sept. 9, 1850, c. 51, Wash., Mar. 2, 1853, c. 90, s. 2, v. Feb. 28, 1861, c. 10, p. 173; Colo., 1777. The executive power of each Territory shall be vested in a governor, who shall hold his office for four years, and until his successor is appointed and qualified,,,, Sept. unless sooner removed by the President. He shall reside . in the Territory for which he is appointed, and shall be $ 2. v. 9, p. 453; commander in chief of the militia thereof. He may grant pardons and reprieves, and remit fines and forfeitures, for offenses against the laws of the Territory for which he appointed, and respites for offenses against the laws of the 2 v. 12, p. 239: United States, till the decision of the President can be 1863, c. 56, s. 2. v. made known thereon. He shall commission all officers Mar. 3, 1863, c. who are appointed under the laws of such Territory, and 809; Mont.. May shall take care that the laws thereof be faithfully executed. Y. 13, p. 86; Wyo., 59, s. 2, v. 12, p. is 172; Dak., Mar. 2, 1861, c. 86, s. Ariz., Feb. 24, 12, p. 665; Idaho, 117, s. 2, v. 12, p. 26, 1864, c. 95, s. 2, July 25, 1868, c. 235, s. 2, v. 15, p. 178. American Ins. Co. v. 356 Bales of Cotton, 1 Pet., 511. Sec. 1841, R. S. Election of jus and militia offi 1778. Justices of the peace and all general officers of the tices of the peace militia in the several Territories shall be elected by the cers. people in such manner as the respective legislatures may provide by law. June 15, 1844, c. 69, s. 2. v. 6, p. 671. Sec. 1856, R. S. other officers. 1850, c. 49, s. 8, N. Mex., Sept. v. 9, p. 449; Utah, Sept. 9, 1850, c. 51. each Wash., Mar. 2, s. 7, v. 9, p. 455; 1853, c. 90, s. 7, v. pro- 10, p. 175: Colo., with 59, s. 7. v. 12. p. Feb. 28, 1861, c. 174; Ariz., Feb. 2, v. 12. p. 665; 1779. All township, district, and county officers, except justices of the peace and general officers of the militia, 2, shall be appointed or elected in such manner as may be provided by the governor and legislative assembly of Territory; and all other officers not herein otherwise vided for the governor shall nominate, and by and the advice and consent of the legislative council of each 24, 1863, c. 56, s. Territory shall appoint; but, in the first instance, where a Dak., Mar. 2, new Territory is hereafter created by Congress, the gov-12, p. 241; Idaho, ernor alone may appoint all the officers referred to in this 117, s. 7, v. 12, p. and the preceding section and assign them to their respec- 26, 1864, c. 95, s. 7, tive townships, districts, and counties; and the officers so July 25, 1868, c. appointed shall hold their offices until the end of the first 180. session of the legislative assembly. 1861, c. 86, s. 7, v. Mar. 3, 1863, c. 811; Mont., May v. 13, p. 88; Wyo., 235, s. 7, v. 17, p. Sec. 1857, R. S. Arms to be is sued to Territo States. 13, July 3, 1876, 410; May 16, 1878, v. 20, p. 61. 1780. That the Secretary of War is hereby authorized to ries and border cause to be issued to the Territories, and the States borderJoint Res. No. ing thereon, such arms as he may deem necessary for their v. 19, p. 214; Joint protection, not to exceed one thousand to said States and Res. No. 7, Mar. 3, 1877, v. 19, p. Territories each, and ammunition for the same, not to exceed fifty ball cartridges for each arm: Provided, That such issues shall be only from arms owned by the Government which have been superseded and no longer issued to the Army: Provided, however, That said arms shall be issued only in the following manner, and upon the following conditions, namely, upon the requisition of the governors of said States or Territories showing the absolute necessity of arms for the protection of the citizens and their property against Indian raids into said States or Territories, also that militia companies are regularly organized and under control of the governors of said States or Territories to whom said arms are to be issued, and that said governor or governors shall give a good and sufficient bond for the return of said arms or payment for the same at such time as the Secretary of War may designate: Provided, That the quota to the States now authorized by law shall not hereby be diminished.' Joint Res. No. 13, July 3, 1876 (19 Stat. L., 214). arms, etc., for Additional 1781. That the Secretary of War is hereby authorized Territories. to cause to be issued to each of the Territories of the 26, June 7, 1878, United States (in addition to arms and ammunition the Joint Res. No. v. 20, p. 252. issue of which has been heretofore provided for), such arms not to exceed one thousand in number as he may deem necessary, and ammunition for the same not to exceed fifty ball cartridges for each arm: Provided, That such issue shall be only from arms owned by the Government of the United States, which have been superseded and no longer issued to the Army: And provided further, That said arms shall be issued only in the following manner, and upon the following conditions, namely, upon the requisition of the governors of said Territories showing the absolute necessity for arms for the protection of citizens and their property against hostile Indians within or of Indian raids into such Territories: And provided further, That the said governor or governors of said Territories to whom the said arms may be issued shall give good and sufficient bond or bonds for the return of said arms, or payment therefor, at such time as the Secretary of War may designate, as now provided for by law. Joint Res. No. 26, June 7, 1878 (20 Stat. L., 252). 1 Superseded as to the Territories by joint resolution No. 26, June 7, 1878 (20 Stat. L., 252), paragraph 1781, post. See also paragraphs 1693 and 1694, ante. CHAPTER XXXVI. Par. MILITARY TRIBUNALS. COURTS-MARTIAL, MILITARY COMMISSIONS, COURTS OF INQUIRY. 1782-1788. Arrest and confinement; charges and specifications. 1789-1794. General courts-martial. 1795-1797. Jurisdiction. 1798-1800. Judge-advocates; counsel. 1801. Reporters and interpreters. 1802. Challenges. 1803. Continuances. 1804, 1805. Oaths. 1806. Behavior of members. 1807. Contempts of court. 1808. The arraignment. Par. 1814-1827. Evidence. 1842. Revision; proceedings. 1843-1850. The reviewing authority. 1851-1861. The inferior courts-martial. 1862. Military commissions. 1863-1869. Courts of inquiry. Arrest of offi cers. 1782. Officers charged with crime shall be arrested and confined in their barracks, quarters, or tents, and de- 65 Art. War. prived of their swords by the commanding officer.' And any officer who leaves his confinement before he is set at liberty by his commanding officer shall be dismissed from the service. Sixty-fifth Article of War. 1 1 Arrests, how executed.-The manner in which the arrest, or personal attachment of the alleged offender, if an officer, shall be executed, is not described in the article any further than it shall be done by the hand or authority of the commanding officer; neither is it explained by the article what the degree of the personal restraint shall be imposed by such arrest. Both of these must rest on the usages and customs of war obtaining in the several cases. Samuels, Military Law, 640. An officer may be put in arrest by a verbal or written order or communication from an authorized superior, advising him that he is placed in arrest or will consider himself in arrest or in terms to that effect. The reason for the arrest need not be specified. At the same time he is usually required to surrender his sword, though this formality may be dispensed with. But an arrest, though an almost invariable, is not an essential preliminary to a military trial. To give the court jurisdiction it |