EXECUTIVE ORDERS.
EXECUTIVE MANSION, Washington, D.C., January 19, 1891.
The death of George Bancroft, which occurred in the city of Washington on Saturday, January 17, at 3.40 o'clock p.m., removes from among the living one of the most distinguished Americans. As an expression of the public loss and sorrow the flags of all the Executive Departments at Washington and the public buildings in the cities through which the funeral party is to pass will be placed at half-mast on to-morrow and until the body of this eminent statesman, scholar, and historian shall rest in the State that gave him to his country and to the world.
By direction of the President:
ELIJAH W. HALFORD,
Private Secretary.
AMENDMENT OF CIVIL-SERVICE RULES.
JANUARY 26, 1891.
Special Departmental Rule No. 1 is hereby amended by adding to the exceptions from examination therein declared the following:
In the Department of Agriculture, in the office of the Secretary, division of illustration and engraving: One artist.
BENJ. HARRISON.
DEPARTMENT OF STATE, Washington, January 30, 1891.
SIR:[18] The Hon. William Windom, Secretary of the Treasury of the United States, died suddenly last night, in the city of New York, at the hour of eleven minutes past 10 o'clock, in the sixty-fourth year of his age. Thus has passed away a man of pure life, an official of stainless integrity, distinguished by long and eminent service in both branches of Congress and by being twice called to administer the national finances. His death has caused deep regret throughout the country, while to the President and those associated with him in the administration of the Government it comes as a personal sorrow.
The President directs that all the Departments of the executive brand of the Government and the officers subordinate thereto shall manifest due respect to the memory of this eminent citizen in a manner consonant with the dignity of the office which he has honored by his devotion to public duty.
The President further directs that the Treasury Department in all its branches in this capital be draped in mourning for the period of thirty days, that on the day of the funeral the several Executive Departments shall be closed, and that on all public buildings throughout the United States the national flag shall be displayed at half-mast.
Very respectfully,
JAMES G. BLAINE.
EXECUTIVE MANSION, February 13, 1891.
To the Heads of the Executive Departments:
In token of respect to the memory of Admiral David D. Porter, who died this morning, the President directs that the national flag be displayed at half-mast upon all public buildings throughout the United States until after his funeral shall have taken place, and that on the day of the funeral public business in the Departments at Washington be suspended.
E.W. HALFORD,
Private Secretary.
GENERAL ORDERS NO. 16.
HEADQUARTERS OF THE ARMY,
ADJUTANT-GENERAL'S OFFICE,
Washington, February 14, 1891.
I. The following order of the War Department is published to the Army:
WAR DEPARTMENT, Washington, February 14, 1891.
The death of General Sherman is hereby announced in the fitting words of the President in his message to Congress:
[For message see p. 135.]
The following Executive order will be published to the Army:
EXECUTIVE MANSION,
Washington, D.C., February 14, 1891.
It is my painful duty to announce to the country that General William Tecumseh Sherman died this day at 1 o'clock and 50 minutes p.m., at his residence in the city of New York. The Secretary of War will cause the highest military honors to be paid to the memory of this distinguished officer. The national flag will be floated at half-mast over all public buildings until after the burial, and the public business will be suspended in the Executive Departments at the city of Washington and in the city where the interment takes place on the day of the funeral and in all places where public expression is given to the national sorrow during such hours as will enable every officer and employee to participate therein with their fellow-citizens.
BENJ. HARRISON.
The Major-General Commanding will issue the necessary orders to the Army.
It is ordered, That the War Department be draped in mourning for the period of thirty days, and that all business be suspended therein on the day of the funeral.
L.A. GRANT, Acting Secretary of War.
II. On the day of the funeral the troops at every military post will be paraded and this order read to them, after which all labors for the day will cease. The national flag will be displayed at half-staff from the time of the receipt of this order until the close of the funeral. On the day of the funeral a salute of seventeen guns will be fired at half-hour intervals, commencing at 8 o'clock a.m. The officers of the Army will wear the usual badges of mourning, and the colors of the several regiments and battalions will be draped in mourning for a period of six months.
The day and hour of the funeral will be communicated to department commanders by telegraph, and by them to their subordinate commanders. Other necessary orders will be issued hereafter relative to the appropriate funeral ceremonies.
By command of Major-General Schofield:
J.C. KELTON, Adjutant-General.
GENERAL ORDER.
NAVY DEPARTMENT, February 16, 1891.
The following Executive order, announcing the death of General William Tecumseh Sherman, is published for the information of the Navy and the Marine Corps:
[For Executive order see preceding page.]
In accordance with the order of the President, the Navy Department will be closed and all business suspended therein on the day of the funeral, and the flag at all yards and stations will be displayed at half-mast until after the burial of General Sherman, and in all places where public expression is given to the national sorrow business will be suspended at navy-yards or stations during such hours as will enable officers and employees of the Navy to participate therein with their fellow-citizens.
B.F. TRACY, Secretary of the Navy.
AMENDMENT OF CIVIL-SERVICE RULES.
FEBRUARY 18, 1891.
Special Departmental Rule No. 1 is hereby amended so as to include among the places excepted from examination therein the following:
In the Department of Agriculture, in the office of the Secretary: Private secretary to the chief of the division of statistics.
BENJ. HARRISON.
AMENDMENT OF CIVIL-SERVICE RULES.
FEBRUARY 21, 1891.
Special Departmental Rule No. 1 is hereby amended so as to include among the places excepted from examination therein the following:
In the Department of the Treasury, in the Coast and Geodetic Survey: Clerk to act as confidential clerk and cashier to the disbursing officer.
In the Post-Office Department, office of Assistant Attorney-General: Confidential clerk to the Assistant Attorney-General.
BENJ. HARRISON.
EXECUTIVE MANSION, Washington, D.C., February 26, 1891.
In accordance with an act of Congress approved September 27, 1890, the following limits to the punishment of enlisted men, together with the accompanying regulations, are established for the government in time of peace of all courts-martial, and will take effect thirty days after the date of this order:
I. Subject to the modifications authorized in subdivision 3 of this section, the punishment for desertion shall not exceed the following:
1. In the case of a soldier who surrenders—
(a) When such surrender is made within thirty days after desertion, confinement at hard labor, with forfeiture of pay and allowances, for three months.
(b) When such surrender is made after an absence of more than thirty days and not more than ninety days, confinement at hard labor, with forfeiture of pay and allowances, for six months.
(c) When such surrender is made after an absence of more than ninety days, dishonorable discharge, with forfeiture of all pay and allowances, and confinement at hard labor for eighteen months: Provided, That in the case of a deserter who had not been more than three months in the service the confinement shall not exceed ten months.
2. In the case of a soldier who does not surrender—
(a) When at the time of desertion he shall have been less than three months in the service, dishonorable discharge, with forfeiture of all pay and allowances, and confinement at hard labor for one year.
(b) When at the time of desertion he shall have been three months or more, but less than six months, in the service, dishonorable discharge, with forfeiture of all pay and allowances, and confinement at hard labor for eighteen months.
(c) When at the time of desertion he shall have been six months or more in the service, dishonorable discharge, with forfeiture of all pay and allowances, and confinement at hard labor for two years and six months.
3. The foregoing limitations will be subject to modification under the following conditions:
(a) The punishment of a deserter may be increased by one year of confinement at hard labor in consideration of each previous conviction of desertion, and also by dishonorable discharge and forfeiture of all pay and allowances when not already authorized.
(b) The punishment for desertion when joined in by two or more soldiers in the execution of a conspiracy, or for desertion in the presence of an outbreak of Indians or of any unlawful assemblage which the troops may be opposing, shall not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for five years.
II. Except as herein otherwise indicated, punishments shall not exceed the limits prescribed in the following table:
| Offenses. | Limit of punishment. |
| Under seventeenth article of war. | |
| Selling horse or arms, either or both | Three years' confinement at hard labor; for noncommissioned officer, reduction in addition thereto.[19] |
| Selling accouterments | Four months confinement at hard labor; for noncommissioned officer, reduction in addition thereto.[19] |
| Selling clothing | Two months' confinement at hard labor; for noncommissioned officer, reduction in addition thereto.[19] |
| Losing or spoiling horse or arms through neglect | Four months' confinement at hard labor; for noncommissioned officer, reduction in addition thereto.[19] |
| Losing or spoiling accouterments or clothing through neglect | One month's confinement at hard labor; for noncommissioned officer, reduction in addition thereto.[19] |
| Under twentieth article of war. | |
| Behaving himself with disrespect toward his commanding officer | Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. |
| Under twenty-fourth article of war. | |
| Refusal to obey or using violence to officer or noncommissioned officer while quelling quarrels or disorders | Dishonorable discharge, with forfeiture of all pay and allowances, and imprisonment for 2 years. |
| Under thirty-first article of war. | |
| Lying out of quarters | Forfeiture of $2; corporal, $3; sergeant, $4. |
| Under thirty-second article of war. | |
| Absence without leave— | |
| Less than 1 hour (not including absence from a roll call) | Forfeiture of 50 cents; corporal, $1; sergeant, $2. |
| Less than 1 hour (including absence from a roll call) | Forfeiture of $1; corporal, $2; sergeant, $3; first sergeant or noncommissioned officer of higher grade, $4. |
| From 1 to 6 hours | Forfeiture of $2; corporal, $3; sergeant, $4; first sergeant or noncommissioned officer of higher grade, $5. |
| From 6 to 12 hours | Forfeiture of $3; corporal, $4; sergeant, $6; first sergeant or noncommissioned officer of higher grade, $7. |
| From 12 to 24 hours | Forfeiture of $5; corporal, $6; sergeant, $7; first sergeant or noncommissioned officer of higher grade, $10. |
| From 24 to 48 hours | Forfeiture of $6 and 5 days' confinement at hard labor. For corporal, forfeiture of $8; sergeant, $10; first sergeant or noncommissioned officer of higher grade, $12; or for all noncommissioned officers, reduction. |
| From 2 to 9 days | Forfeiture of $10 and 10 days' confinement at hard labor; for noncommissioned officer, reduction in addition thereto. |
| From 10 to 29 days | Forfeiture of $20 and 1 month's confinement at hard labor; for noncommissioned officer, reduction in addition thereto. |
| From 30 to 90 days | Three months' confinement at hard labor and forfeiture of $10 per month for same period; for noncommissioned officer, reduction in addition thereto. |
| For more than 90 days | Dishonorable discharge and forfeiture of all pay and allowances and 3 months' confinement at hard labor. |
| Under thirty-third article of war. | |
| Failure to repair at the time fixed, etc., to the place of parade for— | |
| Reveille or retreat roll call | Forfeiture of 50 cents; corporal, $1; sergeant, $2; first sergeant, $3. |
| Guard detail | Forfeiture of $5; corporal, $8; sergeant, $10. |
| Fatigue detail Dress parade The weekly inspection Target practice Drill Guard mounting (by musician) Stable duty | Forfeiture of $2; corporal, $3; sergeant, $5. |
| Under thirty-eighth article of war. | |
| Drunkenness on— | |
| Guard | Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. |
| Duty as company cook | Forfeiture of $10. |
| Extra or special duty At drill At target practice At parade At inspection At inspection of company guard detail At stable duty | Forfeiture of $6; for noncommissioned officer, reduction and forfeiture of $10. |
| Under fortieth article of war. | |
| Quitting guard | Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. |
| Under fifty-first article of war. | |
| Persuading soldiers to desert | Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. |
| Under sixtieth article of war | Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' imprisonment. |
| Under sixty-second article of war. | |
| Manslaughter | Dishonorable discharge, forfeiture of all pay and allowances, and 10 years' imprisonment. |
| Assault with intent to kill | Dishonorable discharge, forfeiture of all pay and allowances, and 10 years' imprisonment. |
| Burglary | Dishonorable discharge, forfeiture of all pay and allowances, and 5 years' imprisonment. |
| Forgery | Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' imprisonment. |
| Perjury | Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' imprisonment. |
| False swearing | Dishonorable discharge, forfeiture of all pay and allowances, and 2 years' imprisonment. |
| Robbery | Dishonorable discharge, forfeiture of all pay and allowances, and 6 years' imprisonment. |
| Larceny or embezzlement of property of the value of—[20] | |
| More than $100 | Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' imprisonment. |
| $100 or less and more than $50 | Dishonorable discharge, forfeiture of all pay and allowances, and 3 years' imprisonment. |
| $50 or less and more than $20 | Dishonorable discharge, forfeiture of all pay and allowances, and 2 years' imprisonment. |
| $20 or less | Dishonorable discharge, forfeiture of all pay and allowances, and 1 year's imprisonment. |
| Disobedience of orders, involving willful defiance of the authority of a noncommissioned officer in charge of a guard or party | Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. |
| Using threatening or insulting language or behaving in an insubordinate manner to a noncommissioned officer in the execution of his office | One month's confinement at hard labor and forfeiture of $10; for while noncommissioned officer, reduction in addition thereto. |
| Absence from fatigue duty | Forfeiture of $4; corporal, $5; sergeant, $6. |
| Absence from extra or special duty | Forfeiture of $4; corporal, $5; sergeant, $6. |
| Absence from duty as company or hospital cook | Forfeiture of $10. |
| Introducing liquor into post or camp in violation of standing orders | Forfeiture of $3; for noncommissioned officer, reduction and forfeiture of $5. |
| Drunkenness at post or in quarters | Forfeiture of $3; for noncommissioned officer, reduction and forfeiture of $5. |
| Drunkenness and disorderly conduct, causing the offender's arrest and conviction by civil authorities at a place within 10 miles of his station | Forfeiture of $10 and 7 days' confinement at hard labor; for noncommissioned officer, reduction and forfeiture of $12. |
| Noisy or disorderly conduct in quarters | Forfeiture of $4; corporal, $7; sergeant, $10. |
| Abuse by noncommissioned officer of his authority over an inferior | Reduction, 3 months' confinement at hard labor, and forfeiture of $10 per month for the same period. |
| Noncommissioned officer encouraging gambling | Reduction and forfeiture of $5. |
| Noncommissioned officer making false report | Reduction, forfeiture of $8, and 10 days' confinement at hard labor. |
| Sentinel allowing a prisoner under his charge to escape through neglect | Six months' confinement at hard labor and forfeiture of $10 per month for the same period. |
| Sentinel willfully suffering prisoner under his charge to escape | Dishonorable discharge, forfeiture of all pay and allowances, and 1 year's imprisonment. |
| Sentinel allowing a prisoner under his charge to obtain liquor | Two months' confinement at hard labor and forfeiture of $10 per month for the same period. |
| Sentinel or member of guard drinking liquor with prisoners | Two months' confinement at hard labor and forfeiture of $10 per month for the same period. |
| Disrespect or affront to a sentinel | Two month's confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. |
| Resisting or disobeying sentinel in lawful execution of his duty | Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. |
| Lewd or indecent exposure of person | Three month's confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. |
III. (1) When a soldier shall be found guilty of an offense cognizable when committed for the first time by an inferior court-martial, his punishment therefor may exceed the prescribed limit by one-half if it shall appear that during his current enlistment and within two years preceding his trial he has been once convicted of one offense or more; it may be doubled if he has been twice so convicted, and it may be increased by one-half of the prescribed limit for every such previous conviction: Provided, That upon proof of five or more previous convictions the punishment may be that authorized for a fifth conviction, or dishonorable discharge with forfeiture of all pay and allowances. When found guilty of an offense cognizable only by a general court-martial, and on proof of five or more previous convictions within the two years, dishonorable discharge with forfeiture of all pay and allowances may be added to any confinement at hard labor. And when a noncommissioned officer shall be found guilty of an offense not punishable by reduction, reduction may be added to the punishment if it shall appear that he has been convicted of a military offense within one year and during his current enlistment.
(2) After arriving at the findings a court-martial may be opened to receive evidence of previous convictions. These convictions must be proved by the records of previous trials or by duly authenticated orders promulgating the same, showing the actual offenses of which the soldier was convicted, except in the cases of convictions by summary court, when a duly authenticated copy of the record of said court shall be deemed sufficient proof. Charges forwarded to the authority ordering a general court-martial or submitted to a summary garrison or regimental court must be accompanied by the proper evidence of such previous convictions as may have to be considered in determining upon a sentence. Paragraphs 1017 and 1018 of the Regulations are superseded by this order.
IV. This order prescribes the maximum limit of punishment for the offenses named, and this limit is intended for those cases where the severest punishment should be awarded. In other cases the punishment must be graded down according to the extenuating circumstances. Offenses not herein provided for remain punishable as authorized by the Articles of War and the custom of the service.
V. Summary courts are subject to the restrictions named in the eighty-third article of war. Soldiers against whom charges may be preferred for trial by summary court shall not be confined in the guardhouse, but shall be placed in arrest in quarters before and during trial and while awaiting sentence, unless in particular cases restraint may be deemed necessary.
VI. The following substitutions for punishments named in Section II of this order are authorized, at the discretion of the court:
Detention of pay to the extent of four times the amount of the forfeiture; two days' confinement at hard labor for $1 of forfeited pay; one day's solitary confinement on bread and water diet for two days' confinement at hard labor or for $1 of forfeited pay: Provided, That a noncommissioned officer not sentenced to reduction shall not be subject to confinement: And provided, That solitary confinement shall not exceed fourteen days at one time nor be repeated until fourteen days have elapsed, and shall not exceed eighty-four days in one year. Wherever the limit herein prescribed for an offense or offenses may be brought within the punishing power of inferior courts-martial, as defined by the eighty-third article of war, by substitution of punishment under the provisions of this section, the aforesaid courts shall be deemed to have jurisdiction of such offense or offenses.
VII. Sergeants shall not if they object thereto be brought to trial before regimental, garrison, or summary courts-martial without the authority of the officer competent to order their trial by general court-martial; nor shall sergeants of the post noncommissioned staff be reduced, but they may be dishonorably discharged whenever reduction is included in the limit of punishment. Paragraphs 105 and 254 of the Regulations, the latter as amended by General Orders, No. 67, series of 1890, Adjutant-General's Office, are modified accordingly.
BENJ. HARRISON.
By the President:
REDFIELD PROCTOR,
Secretary of War.
AMENDMENT OF CIVIL-SERVICE RULES.
MARCH 4, 1891.
Special Departmental Rule No. 1 is hereby amended so as to include among the places excepted from examination therein the following:
In the Department of Agriculture, in the office of the Secretary: Clerk to act as appointment clerk.
BENJ. HARRISON.
AMENDMENT OF CIVIL-SERVICE RULES.
MARCH 16, 1891.
Special Departmental Rule No. 1 is hereby amended so as to include among the places excepted from examination therein the following:
In the Post-Office Department, office of the First Assistant Postmaster-General: Assistant superintendent of free delivery.
BENJ. HARRISON.
AMENDMENT OF CIVIL-SERVICE RULES.
APRIL 3, 1891.
Special Departmental Rule No. 1 is hereby amended so as to include among the places excepted from examination therein the following:
In the Treasury Department, office of the Secretary: One clerk in the office of the disbursing clerk.
BENJ. HARRISON.
CIVIL SERVICE—CLASSIFICATION OF INDIAN SERVICE.
DEPARTMENT OF THE INTERIOR, Washington, April 13, 1891.
By direction of the President of the United States and in accordance with the third clause of section 6 of an act entitled "An act to regulate and improve the civil service of the United States," approved January 16, 1883—
It is ordered, That all physicians, school superintendents and assistant superintendents, school-teachers, and matrons in the Indian service be, and they are hereby, arranged in the following classes, without regard to salary or compensation:
Class 1. Physicians.
Class 2. School superintendents and assistant superintendents.
Class 3. School-teachers.
Class 4. Matrons.
Provided, That no person who may be required by law to be appointed to an office by and with the advice and consent of the Senate, and that no person who may be employed merely as a laborer or workman or in connection with any contract schools, shall be considered as within this classification, and no person so employed shall be assigned to the duties of a classified place.
It is further ordered, That no person shall be admitted to any place not excepted from examination by the civil-service rules in any of the classes above designated until he or she shall have passed an appropriate examination under the United States Civil Service Commission and his or her eligibility has been certified to by said Commission or the appropriate board of examiners.
JOHN W. NOBLE, Secretary.
EXECUTIVE MANSION, April 13, 1891.
The Secretary of the Interior:
I approve of the within classification, and if you see no reason to suggest any further modification you will please put it in force.
BENJ. HARRISON.
AMENDMENTS OF CIVIL-SERVICE RULES.
APRIL 13, 1891.
Clause (c) of section 2 of General Rule III is hereby revoked, and clauses (d), (e), (f), (g) and (h) are lettered, respectively, (c), (d), (e), (f), and (g).
BENJ. HARRISON.