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June 4, 1846. As an accounting officer of the Treasury, charged with the settlement of military accounts, I have found the compilation of the Military Laws, by Cross, to be highly useful in this office, as I am sure it must have been to all officers in the military service, and especially to those entrusted with the disbursement of money.
I most cordially concur with the military gentlemen, in recommending the publication of a new edition.
ALBION K. PARRIS,
Comptroller of the Treasury. I concur with the Comptroller in recommending the publication of the edition as above.
Third Auditor U. S. Treasury. The book containing the Military Laws, which Captain Templeman proposes to publish, will be very useful to persons who have claims for pensions or bounty lands.
J. L. EDWARDS,
Commissioner of Pensions.
NOTE TO THE SECOND EDITION.
The many important laws which have been enacted since the year 1824, when the first edition of this work was published, having rendered a second edition necessary, the Compiler of the first, at the instance of a friend, and with the sanction of the War Department, undertook to arrange the additional matter, and supervise the publication of a second edition. Exercising, at the same time, two-fold official functions, he has not been able to give quite so much attention to the subject as it deserved; but he nevertheless believes that the execution is sufficiently accurate, and hopes the work will prove acceptable and useful to the service.
The subjoined letters, whilst they show the authority by which this compilation is offered to the army, indicate the plan on which it was originally designed to be executed. It was soon perceived, however, from the mingled character of the legislation, that the arrangement suggested could not be adhered to—a single act often embracing provisions under each of the several heads of division. This indeed, the compiler, from an acquaintance with the few acts which had previously come under his observation, was already aware of and ought to have borne in mind; but at the moment of the suggestion, he was rather looking to what should be, than to what was, the actual state of things.
It was not without reluctance that he undertook the task of pronouncing upon the repeal of the several laws: First, from a doubt of his abilityamidst a press of current duties which more than shared his attention, to decide accurately upon so many nice and difficult points; and secondly, from a conviction, that the question of repeal is purely a judicial one, belonging to the competent tribunals to determine. It is, indeed, a right which they cannot surrender; one which no other power can legally exercise. With these impressions, the notes of the compiler have been made, and though they may be found expressed in terms somewhat positive, they should only be regarded as references, or passing admonitions, emanating from authority too humble to be taken as conclusive.
WASHINGTON, December 24, 1824. Sir: I have had it in contemplation for some time, and am prompted to the suggestion at this moment by an increased sense of its importance, to propose, for the use of the army, a compilation of the acts of Congress relating thereto. It would embrace all laws of that description, enacted since the formation of the present government, whether relating to organization, discipline, or administration; and if found convenient, would be arranged under those distinct heads, with a view to facilitate reference. The laws relating to the militia, might also be embraced in the shape of an appendix. The importance and necessity of such a work, are believed to be
apparent. That usually denominated the “ Blue Book,” cannot, with propriety, be called a substitute for the one proposed. Besides being extremely deficient in matter, its arrangement is regarded as defective.
The propriety of rendering all the penal laws accessible to those on whom they are to operate, is sufficiently obvious—and it is believed to be an object of some moment, that the laws relating to organization and administration, though repealed or modified, should, also, be placed within the reach of the army. If they answer no other end by assisting in the fair interpretation of subsequent acts, they would, perhaps, be important, as presenting a complete and connected history of the military legislation—a point on which, there is some dearth of information. Scattered as those laws are at present, through six ponderous volumes of the statutes at large, it is scarcely possible that they ever can become sufficiently known.
A copious index, with now and then a note of reference, indicating essential connections between laws of different dates, would be all that I should add to a naked copy of the laws themselves, taken from an authentic source.
Should the proposition meet your approbation, I would, very cheerfully, devote my leisure to its accomplishment.
I have the honor, &c. &c.
T. CROSS. Hon. John C. CALHOUN, Secretary of War.
DEPARTMENT OF WAR, December 30, 1824. SIR: I have received and considered your letter of the 24th instant, sug- . gesting a compilation of the acts of Congress, relating to the army and the militia.
The proposition meets my entire approbation, and you are authorized to proceed to the execution of the work as early, and with as much despatch, as your other duties will permit. The plan laid down in your letter will be adhered to, should it not be found impracticable, from the nature of the laws, to observe the classification proposed.
As all the laws will be given, it is desirable, for the sake of practical convenience, to distinguish such as have been repealed by subsequent enactments. A remark to that effect where it is obvious, and a note of reference to direct the reader's attention where it is matter of doubt, should, therefore, be inserted.
I have the honor, &c. &c.
J. C. CALHOUN. Maj. T. Cross, United States Army.
LIST OF CONTENTS.
CHAP. 9. Resolution of October 3, 1787,
CHAP. 15. An act supplemental to the act for making farther and more effectual pro-
vision (or the protection of the frontiers of the United States, March 28,
CHAP. 20. An act for raising and organizing a corps of artillerists and engineers, May
CHAP. 22. An act in addition to the “Act for making further and more effectual pro-
vision for the protection of the frontiers of the United States," June 7,
CHAP. 25. An act allowing compensation for horses killed in battle belonging to offi-
CHAP. 27. An act to amend and repeal, in part, the act entitled “An act to ascer-
tain and fix the military establishment of the United States, March 3,
CHAP. 29. An act to provide for the widows and orphans of certain deceased officers,
March 14, 1798,
April 27, 1798,
ports and harbors of the United States, May 3, 1798,
arms, and ammunition, and for other purposes, May 4, 1793, CHAP. 33. An act to amend the act entitled “An act to amend and repeal, in part, the
act entitled 'An act to ascertain and fix the military establishment of the
United States,'” May 22, 1798,
army, May 28, 1798,
rizing the President of the United States to raise a provisional army,” June
July 16, 1798,
lation of the Treasury, War and Navy Departments, July 16, 1798,
augment the army, March 2, 1799, CHAP. 41. An act authorizıng an augmentation of the Marine Corps, March 2,
1799, CHAP. 42. An act authorizing the President of the United States to fill certain vacan.
cies in the army and navy, March 3, 1799, CHAP. 43. An act for the better organizing of the troops of the United States, and for
purposes, March 3, 1799, CHAP. 44. An act to suspend, in part, an act entitled "An act to augment the army of
the United States, and for other purposes,” February 20, 1800, CHAP. 45. An act to fix the compensation of the payınaster-general, and assistant to
the adjutant-general, April 22, 1800, CHAP. 46. An act fixing the rank and pay of the commanding officer of the corps of
marines, April 22, 1800, CHAP. 47. An act for the regulation of the public arsenals and marines, May 7, 1800, CHAP. 43. An act supplementary to the act to suspend part of an act, entitled "An act
to augment the army of the United States, and for other purposes,” May
14, 1800, CHAP. 49. An act fixing the military peace establishment of the United States, March
16, 1802, CHAP. 50. An act in addition to an act, entitled “An act fixing the military peace es.
tablishinent of the United States,” February 28, 1803, CHAP. 51. An act directing a detachment from the militia of the United States, and
for erecting certain arsenals, March 3, 1803, CHAP. 52. An act in addition to “An act for fixing the military peace
establishment of the United States, March 26, 1904, CHAP. 53. An act for establishing rules and articles for the government of the armies
of the United States, April 10, 1806,
States, in cases of insurrection, March 3, 1807,
and harbors of the United States, and for building gun boats," January 8,
1808, CHAP. 56. An act authorizing the sale of public arms, April 2, 1808, CHAP. 57. An act to raise, for a limited time, an additional military force, April 12,
1808,CHAP. 58. An act concerning public contracts, April 21, 1808, CHAP. 59. An act making provision for arming and equipping the whole body of the
militia of the United States, April 23, 1808, CHAP. 60. An act further to amend the several acts for the establishment and regula
tion of the treasury, war, and navy departments, March 3, 1309,
menced for the security of ports and harbors of the United States, and to