y 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
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