General Orders, No. 27.}
WAR DEP'T, ADJUTANT GENERAL'S OFFICE,
Washington, March 21, 1862.
The following Acts and Resolution of Congress are published
for the information and government of all concerned:
I.—AN ACT to make an additional Article of War.
Be it enacted by the
Senate and House of Representatives of the United States of America in congress
assembled, That hereafter the following shall be promulgated as an
additional Article of War for the government of the Army of the United States,
and shall be obeyed and observed as such:
ARTICLE — All officers or persons in the military or naval
service of the United States are prohibited from employing any of the forces
under their respective commands for the purpose of returning fugitives from
service or labor, who may have escaped from any persons to whom such service or
labor is claimed to be due, and any officer who shall be found guilty by a
court martial of violating this article shall be dismissed from the service.
SEC. 2. And be it further enacted, That
this act shall take effect from and after its passage.
Approved March 13, 1862.
II. —AN ACT to provide for the appointment of sutlers in the volunteer service,
and to define their duties.
Be it enacted by the
senate and House of Representatives of the United States of America in Congress
assembled, That the inspector generals of the army shall constitute a board
of officers, whose duty it shall be to prepare, immediately after the passage
of this act, a list or schedule of the following articles which may be sold by
sutlers to the officers and soldiers of the volunteer service, to wit: Apples,
dried apples, oranges, figs, lemons, butter, cheese, milk, sirup, molasses,
raisins, candles, crackers, wallets, brooms, comforters, boots, pocket looking
glasses, pins, gloves, leather, tin wash basins, shirt buttons, horn and brass
buttons, newspapers, books, tobacco, cigars, pipes, matches, blacking, blacking
brushes, clothes brushes, tooth brushes, hair brushes, coarse and fine combs,
emery, crocus, pocket handkerchiefs, stationery, armor oil, sweet oil, rotten
stone, razor strops, razors, shaving soap, soap, suspenders, scissors, shoe
strings, needles, thread, knives, pencils, and Bristol brick. Said list or
schedule shall be subject, from time to time, to such revision and change as,
in the judgment of the said board, the good of the service may require: Provided always, That
no intoxicating liquors shall at any time be contained therein, or tbe sale of
such liquors be in any way authorized by said board. A copy of said list or
schedule, and of any subsequent change therein, together with a copy of this
act, shall be, without delay, furnished by said board to the commanding officer
of each brigade and of each regiment not attached to any brigade in the
volunteer service, and also to the Adjutant General of the Army.
Sec. 2. And be it further enacted,
That immediately upon the receipt from said board of said list or schedule and
copy of this act by the commanding officer of any such brigade, the acting
brigadier general, surgeon, quartermaster, and commissary of said brigade shall
constitute a board of officers whose duty it shall be to affix to each article
in said list or schedule a price for said brigade, which shall be by them forth
with reported to the commanding officer of the division, if any, to which said
brigade is attached, for his approval, with or without modification, and who
shall, after such approval, report the same to the inspector generals, and the
same, if not disapproved by them, shall be the price not exceeding which said
articles may be sold to the officers and soldiers in said brigade. Whenever any
brigade shall not be attached to a division, said prices shall then be reported
directly to the inspector generals, and if approved by them shall be the price
fixed for such brigade as aforesaid; and whenever any regiment shall be unattached
to any brigade, the acting colonel, lieutenant colonel, major, and captains
thereof shall constitute the board of officers by whom the price of said
articles shall be fixed for said regiment in the same manner as is herein
provided for an unattached brigade. The prices so fixed may be changed by said
boards respectively from time to time, not oftener than once in thirty days,
but all changes therein shall be reported in like manner and for the same
purpose as when originally fixed.
SEC. 3. And be it further enacted,
That it shall be the duty of the commanding officer of each brigade,
immediately upon receipt of a copy of said list or schedule and copy of this
act, as herein provided, to cause one sutler for each regiment in his brigade
to be selected by the commissioned officers of such regiment, which selection
shall be by him reported to the Adjutant General of the Army; the person so
selected shall be sole sutler of said regiment. And the commanding officer of
each unattached regiment shall, in like manner, cause a selection of a sutler
to be made for said regiment, who shall be sole sutler of said regiment. Any
vacancy in the office of sutler from any cause, shall be filled in the same way
as an original appointment.
SEC. 4. And be it further enacted, That
the sutlers chosen in the manner provided in the preceding section shall be
allowed a lien only upon the pay of the officers, non-commissioned officers and
privates of the regiment for which he has been chosen, or those stationed at
the post to which he has been appointed, and for no greater sum than one-sixth
of the monthly pay of each officer, non-commissioned officer or private, for
articles sold during each month; and the amount of one-sixth or less than
one-sixth of the pay of such officer, non-commissioned officer, or private, so
sold to him by the sutler, shall be charged on the pay rolls of such officer,
non-commissioned officer or private, and deducted from his pay, and paid over
by the paymaster to the sutler of the regiment or military post, as the case
may be: Provided, That if any paymaster in the service of the
United States shall allow or pay any greater sum to any sutler than that hereby
authorized to be retained from the pay of the officers, non-commissioned
officers, musicians, and privates, for articles sold by any sutler during any
one month, then the amount so allowed or paid by the paymaster shall be charged
against the said paymaster and deducted from his pay and returned to the
officer, non-commissioned officer, musician, or private, against whom the
amount was originally charged. And any captain or lieutenant commanding a
company who may certify any pay-roll bearing a charge in favor of the sutler
against any officer, non-commissioned officer, musician, or private, larger or
greater than one-sixth of the monthly pay of such officer, noncommissioned
officer, musician, or private, shall be punished at the discretion of a court
martial: Provided, however, That sutlers shall be allowed to
sell only the articles designated in the list or schedule provided in this act,
and none others, and at prices not exceeding those affixed to said articles, as
herein provided: And provided further, That the
sutlers shall have no legal claim upon any officer, non-commissioned officer,
musician, or private, to an amount exceeding one sixth of his pay for articles
sold during any month. He shall keep said list or schedule, together with a
copy of this act, fairly written or printed, posted up in some conspicuous part
of the place where he makes said sales, and where the same can be easily read
by any person to whom he makes said sales.
Sec. 5. And be it further enacted,
That it shall be the duty of the inspector generals to cause the place of sale
and articles kept for that purpose, by said sutlers, to be inspected from time
to time, once in fifteen days at least, by some competent officer, specially
detailed for that duty, and such changes in said place, or in the quality and
character of the articles mentioned in said list or schedule so kept, as shall
be required by said officer, shall be conformed to by each sutler. And such
officer shall report each inspection to the inspector generals.
Sec. 6. And be it further enacted, That
no person shall be permitted to act as sutler unless appointed according to the
provisions of this act; nor shall any person be sutler for more than one
regiment; nor shall any sutler farm out or underlet the business of sutling or
the privileges granted to him by his appointment; nor shall any officer of the
army receive from any sutler any money or other presents; nor be interested in
any way in the stock, trade, or business of any sutler; and any officer
receiving such presents, or being thus interested, directly or indirectly,
shall be punished at the discretion of a court martial. No Butler shall sell to
an enlisted man on credit to a sum exceeding one-fourth of his monthly pay
within the same month; nor shall the regimental quartermasters allow the use of
army wagons for sutlers' purposes; nor shall the quartermasters' conveyances be
used for the transportation of sutlers' supplies.
Sec. 7. And be it further enacted,
That any sutler who shall violate any of the provisions of this act shall, by
the colonel, with consent of the council of administration, be dismissed from
the service, and be ineligible to a reappointment as sutler in the service of
the United States.
Approved March 19, 1862.
III.—A RESOLUTION to authorize the Secretary of War to
accept moneys appropriated by any State for the payment of its volunteers, and
to apply the same as directed by such State.
Resolved by the Senate and House of Representatives of the United States of America in Congress Assembled, That
if any State, during the present rebellion, shall make any appropriation to pay
the volunteers of that State, the Secretary of War is hereby authorized to
accept the same, and cause it to be applied, by the Paymaster General, to the
payments designated by the legislative acts making the appropriation in the
same manner as if appropriated by act of Congress; and also to make any
regulations that may be necessary for the disbursement and proper application
of such funds to the specific purpose for which they may be appropriated by the
several States. Approved March 19, 1862.
BY ORDER OF THE SECRETARY OF WAR.
L. THOMAS, Adjutant General.
SOURCE: Thomas M. O'Brien & Oliver Diefendorf, General
Orders of the War Department, Embracing the Years 1861, 1862 & 1863,
Volume 1, p. 242-5