Receiving, concealing, prop erty, etc. or both, at the discretion of the court before which he shall have been convicted. Act of March 3, 1875 (18 Stat. L., 479). 661. If any person shall receive, conceal, or aid in concealing, or have, or retain in his possession with intent to convert to his own use or gain, any money, property, record, voucher, or valuable thing whatever of the moneys, goods, chattels, records, or property of the United States which has theretofore been embezzled, stolen, or purloined from the United States by any other person, knowing the same to have been so embezzled, stolen, or purloined, such person shall, on conviction before the circuit or district court of the United States in the district wherein he may have such property, be punished by a fine not exceeding five thousand dollars, or imprisonment at hard labor in the penitentiary not exceeding five years, one or both, at the discretion of the court before which he shall have been convicted; and such receiver may be tried either before or after the conviction of the principal felon; but if the party has been convicted, then the judgment against him shall be conclusive evidence in the prosecution against such receiver that the property of the United States therein described has been embezzled, stolen, or purloined. Sec. 2, ibid. Feb. 2, 1901, s. Sec. 1128, R.S. 662. The Adjutant-General's Department shall consist Composition. of one adjutant-general with the rank of major-general 13, 3178 during the active service of the present incumbent of the office, and with the rank of brigadier-general thereafter; five assistant adjutants-general with the rank of colonel, seven assistant adjutants-general with the rank of lieutenant-colonel, and fifteen assistant adjutants-general with the rank of major: Provided, That all vacancies created or caused by this section shall, as far as possible, be filled by promotion according to seniority of officers of the Adjutant-General's Department. Sec. 13, act of February 2. 1901 (31 Stat. L., 751). tant-General. 3. v. 1 p. 635. 663. The Adjutant-General of the Army shall have the Rank of Adju rank, pay, and allowances of a major-general in the Army, June 6, 1900, s. of the United States, and on his retirement shall have the retired pay of that rank. Sec. 3, act of June 6, 1900 (31 Stat. L.. 655). PROMOTIONS AND DETAILS. * * Promotions. Feb. 2, 1901, s. 26, v. 31, p. 755. 664. So long as there remain any officers holding permanent appointments in the Adjutant-General's Department, * they shall be promoted according to seniority in the several grades, as now provided by law, and nothing herein contained shall be deemed to apply to vacancies which can be filled by such promotions, or to the periods for which the officers so promoted shall hold their appointments. Sec. 26, act of 1901 (31 Stat. L.,755). 665. When any vacancy, except that of the chief of the id department or corps, shall occur, which can not be filled by promotion as provided in this section, it shall be filled 1 For historical note see end of chapter. See also section 13, act of February 2, 1901, paragraph 662, ante. Ibid. The same. To act as assistant inspectorsgeneral. by detail from the line of the Army, and no more permanent appointments shall be made in those departments or corps. Ibid. 666. Such details shall be made from the grade in which the vacancies exist, under such system of examination as the President may from time to time prescribe. Ibid. DUTIES. 667. Assistant adjutants-general shall, in addition to their own duties, perform those of assistant inspectorsJuly 5, 1838, c. general, when the convenience of the service requires 162, s. 7, v. 5, p. 257; June 18, 1846, them to do so.2 c. 29, s. 6, v. 9, p. 18; Mar. 3, 1847, c. 61, s. 2, v. 9, p. 184; July 19, 1848, c. 104, s. 3, v. 9, p. 247; Mar. 2, 1849, c. 83, s. 4, v. 9, p. 351. Sec. 1130, R. S. Monthly re turns. 7 Art. War. RETURNS OF TROOPS. 668. Every officer commanding a regiment, an independent troop, battery, or company, or a garrison, shall, in the beginning of every month, transmit through the proper channels to the Department of War an exact return of the same, specifying the names of the officers then absent 1 For statutory regulations respecting details to the staff see the title “Details to the Staff" in the chapter entitled "THE STAFF DEPARTMENTS.” 'The Adjutant-General's Department is the bureau of orders and records of the Army. Orders and instructions emanating from the War Department or Army Headquarters and all general regulations are communicated to troops and individuals in the military service through the Adjutant-General. His office is the repository for the records of the War Department which relate to the personnel of the permanent military establishment and militia in the service of the United States, to the military history of every commissioned officer and soldier thereof, and to the movements and operation of troops. The records of all appointments, promotions, resignations, deaths, and other casualties in the Army, the preparation and distribution of commissions, and the compilation and issue of the Army Register and of information concerning examinations for appointment and promotion, pertain to the Adjutant-General's Office. The Adjutant-General is charged, under the direction of the Secretary of War, with the management of the recruiting service, the collection and classification of military information in regard to our own and foreign countries, the preparation of instructions to officers detailed to visit encampments of militia, and the digesting, arranging, and preserving of their reports; also the preparation of the annual returns of the militia required by law to be submitted to Congress. Requests for military information, which require action on the part of any military attaché of the United States, will be made to the Adjutant-General of the Army. Par. 833, A. R., 1901. In the Adjutant-General's Office the names of all enlisted soldiers are enrolled, enlistments and descriptive lists filed, deaths, discharges, desertions, etc., recorded, the general returns of the Army consolidated, returns of regiments and posts and all muster rolls, and the inventories of effects of deceased officers and soldiers preserved. Par. 834, ibid. But, see, as to the custodianship of certain rolls, returns, and records of the volunteer forces called into service during the recent war with Spain, section 8 of the act of April 22, 1898 (30 Stat. L., 362), paragraph 1238, post. The act of appropriation of March 15, 1898, contained the following requirement: "For contingent expenses of the Military Information Division of the AdjutantGeneral's Office, and of the military attachés at the United States embassies and legations abroad, to be expended under the direction of the Secretary of War, three thousand six hundred and forty dollars. Act of March 15, 1898 (30 Stat. L., 327). For pay of a clerk attendant on the collection and classification of military information, one thousand five hundred dollars." Ibid., 320. Similar provision is made in in the act of March 3, 1899. Ibid., 1064. from their posts, with the reasons for an the time of their absence. And any officer who, through neglect or design, omits to send such returns shall, on conviction thereof, be punished as a court-martial may direct. Seventh article of war. ment. 4 v. 15, p. 318. 669. Hereafter all enlistments in the Army shall be for Term of enlistthe term of three years, and no soldier shall be again, March 3, 1869. enlisted in the Army whose service during his last preced- Aug 1, 191, s. 2, ing term of enlistment has not been honest and faithful. See. 1119. R. S. Section 2, act of August 1, 1894 (28 Stat L., 216). v. 28, p. 216, fications. 670. Recruits enlisting in the Army must be effective General qualiand able-bodied men, and between the ages of eighteen and thirty-five years, at the time of their enlistment. This, Mar. 16, 1802, c. limitation as to age shall not apply to soldiers reenlisting. Mar. 3, 1×15, c. 3 9, s. 11, v 2. p. 134; 79, s. 7 v. 2. p. 224; July 5, 1838, c. 162, s. 30, v. 5, p. 260. Feb. 13, 1862, c. 25, s. 2, v 12, p. 39: June 21, 1862, res. 37, v. 12. p. 620, July 17, 1862, e. 200, s. 21, v. 12, p. 597, Feb. 27, 1883. v. 27, p. 486, s. 2; Aug. 1, 1894, v. 28, p. 216, s. 4, Mar 2, 1899, v. 30, p. 977; In re McDonald 1 Lowell, p. 100. Sec. 1116, R. S. for enlistment. 2.199, s. 4, v. 30, p. 977. 671. In time of peace no person (except an Indian) who Qualifications is not a citizen of the United States, or who has not made Aug. 1, 1894, 8. 2, v, 28, p. 216, Mar. legal declaration of his intention to become a citizen of the United States, or who can not speak, read, and write the English language, or who is over thirty-five years of age, shall be enlisted for the first enlistment in the Army. Ser. 2, act of August 1, 1894 (28 Stat. L., 216); sec. 4. art of March 2, 1899 (30 Stat. L., 977). 1 1 Commanders of departments, corps, and posts will make to the Adjutant-General's Office, in Washington, monthly returns of their respective commands on forms furnished by the Adjutant-General of the Army, and in accordance with the directions printed thereon. In like manner company commanders will make monthly returns of their companies to regimental headquarters. Par. 876, A. R., 1901. For instructions relating to the preparation of monthly returns see paragraphs 876-889, Army Regulations, 1901. "This enactment replaces the requirement of section 1119 of the Revised Statutes by which the term of enlistment was fixed at five years. For regulations governing enlistments in the regular service see Article LXXI, paragraphs 818 to 856, Army Regulations of 1895. For rules governing the recruitment of the volunteer forces see Circular of June 3, 1898, from the Adjutant-General's Office, and General Orders, 122 and 150, A. G. O., of 1899. ,, "The act of February 27, 1893 (27 Stat. L., 486), fixed the superior limit of age at enlistment at thirty years instead of thirty-five, as required by section 1116, Revised Statutes, and this requirement was repeated in section 2 of the act of August 1, 1894 (28 ibid., 216), which limited the operation of the enactment to a "time of peace,' leaving the higher limit of age to become operative in time of war. The superior limit was established at thirty-five years and the inferior limit at eighteen years by section 4 of the act of March 3, 1899 (ibid., 977). minors. 162, s. 1, v. 17, p. 117. Enlistment of 672. No person under the age of twenty-one years shall May 15, 1872, c. be enlisted or mustered into the military service of the United States without the written consent of his parents or 1 Car. L. Rep55 guardians: Provided, That such minor has such parents or guardians entitled to his custody and control. Shorner'sCase, Sec. 1117, R.S. be enlisted. Persons not to 673. No minor under the age of sixteen years, no insane Mar. 2, 1833, or intoxicated person, no deserter from the military servJuly 4, 1864.c. 237, ice of the United States, and no person who has been con 68, s. 6, v. 4, p. 647; s. 5, v. 13, p. 380; Mar. 3, 1865, c. 79. victed of a felony shall be enlisted or mustered into the s. 18, v. 13, p. 490; Feb. 27, 1877,c. 69. military service. v. 19, p. 242. Sec. 1118, R.S. Prohibited enlistments; penalty. 3 Art. War. Fraudulent enlistment. 2, v. 27, p. 277. 674. Every officer who knowingly enlists or musters into the military service any minor over the age of sixteen years without the written consent of his parents or guardians, or any minor under the age of sixteen years, or any insane or intoxicated persons, or any deserter from the military or naval service of the United States, or any person who has been convicted of any infamous criminal offense, shall, upon conviction, be dismissed from the service, or suffer such other punishment as a court-martial may direct. Third Article of War. 675. Fraudulent enlistment and the receipt of any pay July 27, 1892, s. or allowance thereunder, is hereby declared a military offense and made punishable, by a court-martial, under the sixty-second Article of War.' Sec. 2, act of July 27, 1892 (27 Stat. L., 277). Oath of enlistment. 2 Art. War. OATH OF ENLISTMENT. 676. These rules and articles shall be read to every enlisted man at the time of, or within six days after, his enlistment, and he shall thereupon take an oath or affirmation, in the following form: "I, A. B., do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the rules and Articles of War." This oath may be taken before any commissioned officer of the Army. Second Article of War. For a definition of the offense of fraudulent enlistment see Circular 13, H. Q. A., of 1892; see also Dig. Opin. J. A. Gen., paragraphs 1412–1423. 2 * Enlistment is a contract, but it is one of those contracts which changes the status, and where that is changed no breach of contract destroys the new status or relieves from the obligations which its existence imposes. * By enlistment the citi * * zen becomes a soldier. His relations to the State and the public are changed. He acquires a new status, with correlative rights and duties, and although he may violate his contract obligations, his status as a soldier is unchanged. He can not of his own |