situated, for the purpose of holding such person to answer for such misdemeanor, and then and there shall make complaint in due form.

UNITED STATES CEMETERY NEAR THE CITY OF MEXICO.

1872. The President is authorized to provide, out of the Cemetery near the City of Mex ico. ordinary annual appropriations, for establishing and mainMar. 3, 1873, c. taining United States military cemeteries, for the proper 267, v. 17. p. 602 care and preservation and maintenance of the cemetery or burial ground near the City of Mexico, in which are interred the remains of officers and soldiers of the United States, and of citizens of the United States, who fell in battle, or died in and around said city.

To be subject

tions. Ibid.

1873. The cemetery in Mexico shall be subject to the to what regularules and regulations affecting United States national mili-Sec. 4880, R. S. tary cemeteries within the limits of the United States, so far as they may, in the opinion of the President, be applicable thereto.

ENCROACHMENT BY RAILROADS, ETC.

Mar. 2, 1891, v.

28, p. 949.

1874. That no railroad shall be permitted upon Encroachments the by railroads forright of way which may have been acquired by the United bidden. States to a national cemetery, or to encroach upon any roads or walks constructed thereon and maintained by the United States. Act of March 2, 1895 (28 Stat. L., 949.)1

By separate statutes provision has been made for the construction of roads and other approaches as follows: Act of January 20, 1878 (20 Stat. L., 242), and March 3, 1881 (21 Stat. L., 447), at Vicksburg, Miss.; March 3, 1881 (21 Stat. L., 445), August 7, 1882 (22 Stat. L., 319), March 3, 1883 (22 Stat. L., 617), and July 7, 1884 (23 Stat. L., 219), at Chattanooga, Tenn.; March 3, 1881 (21 Stat. L., 447), August 7, 1882 (22 Stat. L., 150), and July 7, 1884 (22 Stat. L., 319). at Fort Scott, Kans.; July 3, 1882 (22 Stat. L., 150), and March 3, 1891 (26 Stat. L., 978), at Mound City, Ill.; March 3, 1883 (22 Stat. L., 617), July 2, 1886, chapter 610 (24 Stat. L., 121), at Chalmette, La.; March 3, 1885 (23 Stat. L., 507), October 2, 1888 (25 Stat. L., 539), and August 30, 1890 (26 Stat. L., 401), at Marietta, Ga.; March 3, 1885 (23 Stat. L., 507), at Baton Rouge, La.; August 4, 1880 (24 Stat. L.. 249), and October 2, 1888 (25 Stat. L., 539), at Springfield, Mo.; July 2, 1886 (24 Stat. L., 121), at Natchez, Miss.; July 28, 1886 (24 Stat. L. 159), at Knoxville, Tenn.; February 23, 1887 (24 Stat. L., 416), and March 2, 1889 (25 Stat. L.. 969), at Danville, Va.; February 28, 1887 (24 Stat. L., 431), at Richmond, Va.; October 2, 1888 (25 Stat, L., 539), March 2, 1889, chapter 416 (25 Stat. L., 915), August 30, 1890 (26 Stat. L. 401), at Antietam, Md.; August 30, 1890 (26 Stat. L., 401), at Hampton, Va.; March 2, 1889 (25 Stat. L., 969), at Beverly, N. J.; January 8, 1889 (25 Stat. L., 641), at Florence, S. C.; August 30, 1890 (26 Stat. L., 401), roads at Culpeper and Fredericksburg, Va., and a levée at Brownsville, Tex.; May 14, 1890 (26 Stat. L., 108), at Port Hud son, La.; April 9, 1890 (26 Stat. L., 46), at Staunton, Va.; March 3, 1891 (26 Stat. L., 978), August5, 1892 (27 Stat. L., 377), March 3, 1893 (27 Stat. L., 599). August 18, 1894, (28 Stat. L., 405), March 2, 1895 (28 Stat. L., 909), at the Presidio of San Francisco, Cal.; December 11, 1890 (26 Stat. L., 687), at Alexandria, Va. The title and possession of the United States to and of land situate at El Paso, Tex., duly purchased for cemetery purposes, would properly be protected against a continuous trespass on the part of the municipality in cutting a street through the land, by an injunction sued out in the proper court, the remedy by suit for damages being inadequate. (a) (Dig. J. A. Gen., 631, par. 17.)

a 1 Pomeroy, Eq. Jur., sec. 138; 3 ibid., secs. 1347, 1356.

CHAPTER XLV.

The flag to be 13 stripes and 37 stars.

Par.

FLAG AND SEAL OF THE UNITED STATES.

Par.

1875. The flag to be 13 stripes and 1877. Seal of the United States. 1878. Secretary of State to keep

37 stars.

1876. A star to be added for every

new State.

and use the seal.

1875. The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union 1.v.1. p.341; Apr. Of the flag shall be [forty-five] stars, white in a blue field.

Jan. 13, 1794, c.

4, 1818, c. 34, s. 1, v. 3, p. 415. Sec. 1791, R. S.

A star to be 1876. On the admission of a new State into the Union added for every new State. one star shall be added to the union of the flag; and such

Apr. 4, 1818, c.

Sec. 1792, R. S.

34, s. 2, v. 3, p. 415. addition shall take effect on the fourth day of July then next succeding such admission.'

Seal of the

United States.

1877. The seal heretofore used by the United States in Sept. 15, 1789, c. Congress assembled is declared to be the seal of the United 14, s. 3, v. 1. p. 68. States.

Sec. 1793, R. S.

The Union of the flag now contains forty-five stars, arranged in accordance with the following order: WAR DEPARTMENT, Washington, March 17, 1895. The field or union of the national flag in use in the Army will on and after July 4, 1896, consist of forty-five stars, in six rows, the first, third, and fifth rows to have eight stars, and the second, fourth, and sixth rows seven stars each, în a blue field, arranged as follows:

DANIEL S. LAMONT.
Secretary of War.

Held that there was no law precluding an alien residing in the United States, the subject of a foreign government with which we are at peace, from displaying the flag of his country on his dwelling. (Dig. J. A. Gen., 148, par. 4.)

all

be

Secretary of State to keep and use the seal.

Sept. 15, 1789, c. 14, s. 4. v. 1, p. 68;

Mar. 18, 1874, c.

Mar. 3, 1875, c.

1878. The Secretary of State shall keep such seal, and shall make out and record, and shall affix the same to, civil commissions for officers of the United States, to appointed by the President, by and with the advice and 57, v. 18, p. 23; consent of the Senate, or by the President alone. But the 131, 8. 14, v. 18, p. seal shall not be affixed to any commission before the same Marbury v. has been signed by the President of the United States, nor 158. to any other instrument, without the special warrant of the President therefor.

420.

Madison, 1 Cr.,

Sec. 1794, R. S.

war.

Article.

3. Officers making unlawful enlistments.

4. Discharges.

5. Mustering persons not soldiers. 6. Taking money on mustering.

HISTORICAL NOTE.

In the early periods of English history military law existed only in time of actual When war broke out troops were raised as occasion required, and ordinances for their government, or, as they were afterwards called, Articles of War, were issued by the Crown, with the advice of the constable or of the peers or other experienced persons, or were enacted by the commander in chief in pursuance of an authority for that purpose given in his commission from the Crown. (a)

These ordinances or articles, however, remained in force only during the service of the troops for whose government they were issued, and ceased to operate on the conclusion of peace. Military law, in time of peace, did not come into existence until the passing of the first mutiny act in 1689.

The system of governing troops in active service by articles of war, issued under the prerogative power of the Crown, whether issued by the King himself, or by the commanders in chief, or by other officers holding commissions from the Crown, con tinued from the time of the Conquest till long after the passing of the annual mutiny acts, (b) and did not actually cease till the prerogative power of issuing such articles was superseded in 1803 by a corresponding statutory power. (c)

The earlier articles were of excessive severity, inflicting death or loss of limb for almost every crime. Gradually, however, they assumed something of the shape which they bear in modern times, and the Ordinances or Articles of War issued by Charles I in 1672 formed the groundwork of the Articles of War of 1878, which were consolidated with the mutiny act in the army discipline and regulation act of 1879 which was replaced by the army act of 1881. The army act of 1881, which now con stitutes the military code of the British army, has of itself no force, but requires to be brought into operation annually by another act of Parliament, thus securing the constitutional principle of the control of the Parliament over the discipline requisite for the government of the army. (d)

The Rules and Articles of War were derived originally from the English mutiny act and articles of war under the following circumstances: In May 1775, the Continental Congress met in Philadelphia and at once proceeded to levy and organize an army. A system of rules for its government was, of course, indispensable. The members of this Congress were naturally familiar with the English military cole The local troops serving with the English forces sent to this country in 1754 had been brought under the mutiny act, while the armies of Gage and Burgoyne were governed by the English code at the time the first "Continental troops were raised. It was but natural, therefore. that this body should turn to the mutiny act as a model, and on June 30, 1775, the Congress promulgated articles, sixty nine in number, for the government of the Continental troops. These articles were adopted from the English, in the same form as our present articles, modified, however, to meet the milder views which were entertained by a people who entertained an objection to a standing army. Additions were made in November of this year but were repealed by the act of September 30, 1776, and new articles adopted. These articles, one hun dred and two in number, were modeled upon the British form and were arranged in eighteen sections. With some modifications they remained in force until 1806. In September, 1789, they were formally recognized and adapted to the new Consti tution by the First Congress of the United States. In 1806 the articles, one hundred and one in number, were rearranged and promulgated by Congress; (e) the divisions into sections were dropped and the old model substituted. These, with five or six modifications, remained in force for nearly seventy years, and were the governing code of the Army until the passage of the act of June 22, 1874(ƒ) (18 Stat. L., 113). These articles are embodied in the Revised Statutes as sections 1342 and 1343 of that work.

48. Deserter shall serve full term.

9. Captured stores secured for 49. Desertion by resignation.

17. Losing or spoiling horses, 56. Violence to persons bringing

and fight; seconds and pro- 65.
moters.

28. Upbraiding another for refus- 66. Soldiers accused of crimes.

34. One mile from camp without 72. Who may appoint general

42. Misbehavior before the enemy, 77. Regular officers, on

1