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rebellion, distinguishes between the loyal citizen in the revolted portion of the country and the disloyal citizen. The disloyal citizen may further be classified into those citizens known to sympathize with the rebellion without positively aiding it, and those who, without taking up arms, give positive aid and comfort to the rebellious enemy without being bodily forced thereto.

156. Common justice and plain expediency require that the military commander protect the manifestly loyal citizens in revolted territories against the hardships of the war as much as the common misfortune of all war admits.

The commander will throw the burden of the war, as much as lies within his power, on the disloyal citizens of the revolted portion or province, subjecting them to a stricter police than the noncombatant enemies have to suffer in regular war; and if he deems it appropriate, or if his government demands of him that every citizen shall, by an oath of allegiance or by some other manifest act, declare his fidelity to the legitimate government, he may expel, transfer, imprison, or fine the revolted citizens who refuse to pledge themselves anew as citizens obedient to the law and loyal to the government.

Whether it is expedient to do so, and whether reliance can be placed upon such oaths, the commander or his government have the right to decide.

157. Armed or unarmed resistance by citizens of the United States against the lawful movements of their troops is levying war against the United States, and is therefore treason.

subsistence.

etc.

30.

MISCELLANEOUS.

RELIEF OF PERSONS IN THE YUKON RIVER COUNTRY,

Purchase of The sum of two hundred thousand dollars is hereby ap transportation, propriated out of any money in the Treasury not otherwise Dec. 18, 1897, v. appropriated, to be expended (or so much thereof as may be necessary) in the discretion and under the direction of the Secretary of War for the purchase of subsistence stores, supplies, and materials for the relief of people who are in the Yukon River country, or other mining regions of Alaska, and to purchase transportation and provide means for the distribution of such stores and supplies: Provided, That with the consent of the Canadian Government first obtained, the Secretary of War may cause the relief herein provided for to be extended into Canadian territory.

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That the said subsistence stores, supplies, and materials may be sold in said country at such prices as shall be fixed by the Secretary of War, or donated, where he finds people in need and unable to pay for the same.

That the Secretary of War is authorized to use the Army of the United States in carrying into effect the provisions of this Act, and may, in his discretion, purchase and import reindeer and employ and bring into the country reindeer drivers or herders not citizens of the United States, or provide such other means of transportation as he may deem practicable. The said reindeer or other outfit may be sold and disposed of by the Secretary of War when he shall have no further use for them under the provisions of this Act, or he may turn over the same or any part thereof to the Department of the Interior, and the proceeds arising from all sales herein authorized shall be covered into the Treasury. Act of December 18, 1897.

The Secretary of War shall make report in detail to Congress at the beginning of its next regular session as to all purchases, employments, sales, and donations or transfers made under the provisions of this Act. Sec. 2, ibid.

RECOGNITION OF THE INDEPENDENCE OF CUBA.

Whereas the abhorrent conditions which have existed for more than three years in the Island of Cuba, so near our own borders, have shocked the moral sense of the people of the United States, have been a disgrace to Christian civilization, culminating, as they have, in the destruction of a United States battle ship, with two hundred and sixty

six of its officers and crew, while on a friendly visit in the harbor of Havana, and can not longer be endured, as has been set forth by the President of the United States in his message to Congress of April eleventh, eighteen hundred and ninety-eight, upon which the action of Congress was invited: Therefore,

independence.

Resolved by the Senate and House of Representatives of the Recognition of United States of America in Congress assembled, First. That the people of the Island of Cuba are, and of right ought to be, free and independent.

Second. That it is the duty of the United States to demand, and the Government of the United States does hereby demand, that the Government of Spain at once relinquish its authority and government in the Island of Cuba and withdraw its land and naval forces from Cuba and Cuban waters.

land and naval

Third. That the President of the United States be, and Employment of he hereby is, directed and empowered to use the entire land forces. and naval forces of the United States, and to call into the actual service of the United States the militia of the several States, to such extent as may be necessary to carry these resolutions into effect.

Fourth. That the United States hereby disclaims any disposition or intention to exercise sovereignty, jurisdiction, or control over said Island except for the pacification thereof, and asserts its determination, when that is accomplished, to leave the government and control of the Island to its people. Act of April 20, 1898.

DECLARATION OF WAR WITH THE KINGDOM OF SPAIN.

War.

v. 30.

Be it enacted by the Senate and House of Representatives Declaration of of the United States of America in Congress assembled, First. Apr. 25, 1898, That war be, and the same is hereby, declared to exist, and that war has existed since the twenty-first day of April, anno Domini eighteen hundred and ninety-eight, including said day, between the United States of America and the Kingdom of Spain.

Second. That the President of the United States be, and he hereby is, directed and empowered to use the entire land and naval forces of the United States, and to call into

Under the authority conferred by this statute the President, by a proclamation bearing date April 23, 1898, called upon the governors of the several States, etc., for a force of 125,000 volunteers, General Orders, No, 30, A. G. O., 1898. See, also, the acts of April 20, 1898, April 22, 1898, and April 26, 1898. For regulations of the Secretary of War, made in pursuance of the act of April 20, 1898, and the proclamation of April 23, 1898, see G. O., Nos. 26, 31, and 33, A. G. O., of 1898.

certain exports.

30.

the actual service of the United States the militia of the several States, to such extent as may be necessary to carry this Act into effect. Act of April 25, 1898.

PROHIBITION UPON THE EXPORT OF COAL AND WAR

MATERIAL.

Prohibition of The President is hereby authorized, in his discretion, Apr. 22, 1898 v. and with such limitations and exceptions as shall seem to him expedient, to prohibit the export of coal or other material used in war from any seaport of the United States until otherwise ordered by the President or by Congress. Act of April 22, 1898.

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REIMBURSEMENT OF STATES FOR EXPENSES INCURRED
IN RAISING AND ORGANIZING VOLUNTEERS.

The Secretary of the Treasury be, and he is hereby, directed, out of any money in the Treasury not otherwise appropriated, to pay to the governor of any State or Territory, or to his duly authorized agents, the reasonable costs, charges, and expenses that have been incurred by him in aiding the United States to raise the Volunteer Army in the existing war with Spain, by subsisting, clothing, supplying, equipping, paying, and transporting men of his State or Territory who were afterwards accepted into the Volunteer Army of the United States: Provided, That the transportation paid for shall be only the transportation of such men from the place of their enrollment for service in the Volunteer Army of the United States to the place of their acceptance into the same by the United States mustering officer, and that the names of the men transported shall appear on the muster rolls of the Volunteer Army of the United States: And provided further, That, such claims shall be settled upon proper vouchers to be filed and passed upon by the proper accounting officers of the Treasury: And provided further, That, in cases where the money to pay said costs, charges, and expenses has been, or may hereafter, be borrowed by the governors or their respective States or Territories, and interest is paid, or may hereafter be paid, on the same, by the governors or their States or Territories, from the time it was or may be so borrowed to the time of its refundment by the United States, or thereafter, such interest shall not be refunded by the United States; nor shall any interest be paid the governors or their States or Territories on the amounts paid out by them, nor any other amount refunded or paid than is in this Act expressly mentioned. Act of July 8, 1898.

INDEX.

[The references are to paragraphs unless pages are indicated. Articles of War are indicated by
their numbers, the letters A. W. following the number of the article.]

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Accounting Officers-Continued.
auditors, 138-165.

certificates of differences, 142.
certification of records, 150.

certified balances conclusive, 141.

claims, 156, 164, 165; note, 198-215, 298–302.
claims, settled, not to be reopened, 156.
Comptroller, 134–165.

debts, recovery of, 140.

decisions by, 136, 141, 145.

review of, by Comptroller, 145.

designation of, 138, 139.

discharges to be returned by, 162.

distress warrants, 235-249.

duties, 134-165.

examination of accounts, 136-139, 141, 142, 151,

152-157, 158, 159, 160, 161.

forms for use in accounting, 135.

lost checks, 163, 514.

overpayments, 161.

powers, 134-165.

preservation of records, 144.

property accountability, 1230–1233.
rendition of accounts, 132, 495, 496.
requisitions for advances of funds, 146.
settlements by, 137, 143, 145, 159, 160, 161.
stoppages, 636, 637.

suspensions, 143.

transcripts of records, 150.

transfer of duties, 155.

warrants, 146.

warrants of, refusal to pay, 506.

Accounts (see Accountability and Accounting

Officers):

appeals from decisions of auditors, 141.

appropriations to be kept distinct, 233.

auditors, 138-165.

balances, certification of, 141.

certificates of differences, 142.

clothing, 563, 565.

Comptroller, 134–165.

debts, recovery of, 140.

decisions of Comptroller, 136.

deficiencies, 133, 636, 637.

delinquency in rendition of, 132, 133.

differences, certificates of, 142.

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