or conveyance of anything of value, either before or after he has been qualified or has taken his seat as such member, with intent to have his vote or decision on any question, matter, cause, or proceeding which may be at any time pending in either house, or before any committee thereof, influenced thereby, shall be punished by a fine not more than three times the amount asked, accepted, or received, and by imprisonment not more than three years. [See § 5450.] 26 Feb., 1853, s. 6, v. 10, p. 171. SEC. 5501. Every officer of the United States, and every person acting for or on behalf of the United States, in any official capacity under or by virtue of the authority of any department or office of the Government thereof; and every officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or of both Houses thereof, who asks, accepts, or receives any money, or any contract, promise, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or conveyance of anything of value, with intent to have his decision or action on any question, matter, cause, or proceeding which may, at any time, be pending, or which may be by law brought before him in his official capacity, or in his place of trust or profit, influenced thereby, shall be punished as prescribed in the preceding section. [See § 5498, under ĈLAIMS.] 13 July, 1866, s. 62, v.14, p. 168. SEC. 5502. Every member, officer, or person, convicted under the provisions of the two preceding sections, who holds any place of profit or trust, shall forfeit his office or place; and shall thereafter be forever disqualified from holding any office of honor, trust, or profit under the United States. 26 Feb., 1853, s. 6, v. 10, p. 171. Aug. 15, 1876. That all executive officers or employees of the United States not appointed by the President, with the advice and consent of the Senate, are prohibited from requesting, giving to, or receiving from, any other for political purofficer or employee of the Government, any money or property or other poses forbidden. thing of value for political purposes; and any such officer or employee who shall offend against the provisions of this section shall be at once discharged from the service of the United States; and he shall also be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not exceeding five hundred dollars. 15 Aug., 1876, chap. 287, s. 6, v. 19, p. 143. Assessment, No Senator, or Representative, or Territorial Delegate of the Congress, 16 Jan., 1883. or Senator, Representative, or Delegate elect, or any officer or employee of either of said houses, and no executive, judicial, military, or naval &c., for political officer of the United States, and no clerk or employee of any department, purposes forbidbranch, or bureau of the executive, judicial, or military or naval ser- den. vice of the United States, shall, directly or indirectly, solicit or receive, or be in any manner concerned insoliciting or receiving, any assessment, subscription, or contribution for any political purpose whatever, from any officer, clerk, or employee of the United States, or any department, branch, or bureau thereof, or from any person receiving any salary or compensation from moneys derived from the Treasury of the United States. 16 Jan., 1883, chap. 27, s. 11, P. E. L., p. 406. No person shall, in any room or building occupied in the discharge of official duties by any officer or employee of the United States mentioned in this act, or in any navy-yard, fort, or arsenal, solicit in any manner whatever, or receive any contribution of money or any other thing of value for any political purpose whatever. Ibid., s. 12. No officer or employee of the United States mentioned in this act shall discharge, or promote, or degrade, or in manner change the official rank or compensation of any other officer or employee, or promise or threaten so to do, for giving or withholding or neglecting to make any contribution of money or other valuable thing for any political purpose. Ibid., s. 13. No officer, clerk, or other person in the service of the United States 11181 -14, Sec. shall, directly or indirectly, give or hand over to any other officer, clerk, or person in the service of the United States, or to any Senator or Member of the House of Representatives, or Territorial Delegate, any money or other valuable thing on account of or to be applied to the promotion of any political object whatever. Ibid., s. 14. Any person who shall be guilty of violating any provision of the four foregoing sections shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding five thou sand dollars, or by imprisonment for a term not exceeding three years, or by such fine and imprisonment both, in the discretion of the court. Ibid., s. 15. [PRESENTS FROM FOREIGN GOVERNMENTS. SEE PART I, p. 21.] [See also June 14, 1874. Diplomatic officers.] BOUNTY-LANDS-BOUNTY, ETC. Sec. 2427. What classes of persons entitled under section 2433. Allowance of time of service for distance certain wars. BOUNTY-LANDS. Title 32,Chap. 10. SEC. 2418. Each of the surviving, or the widow or minor children of deceased commissioned and non-commissioned officers, musicians, or Bounty-lands for soldiers in privates, whether of regulars, volunteers, rangers, or militia, who performed military service in any regiment, company, or detachment, in the service of the United States, in the war with Great Britain, declared on the eighteenth day of June, eighteen hundred and twelve, or in any of the Indian wars since seventeen hundred and ninety, and prior to the third of March, eighteen hundred and fifty, and each of the commissioned officers who was engaged in the military service of the United States in the war with Mexico, shall be entitled to lands as follows: Those who engaged to serve twelve months or during the war, and actually served nine months, shall receive one hundred and sixty acres, and those who engaged to serve six months, and actually served four months, shall receive eighty acres, and those who engaged to serve for any or an indefinite period, and actually served one month, shall receive forty acres; but wherever any officer or soldier was honorably discharged in consequence of disability contracted in the service, before the expiration of his period of service, he shall receive the amount to which he would have been entitled if he had served the full period for which he had engaged to serve. All the persons enumerated in this section who enlisted in the Regular Army, or were mustered in any volunteer company for a period of not less than twelve months, and who served in the war with Mexico and received an honorable discharge, or who were killed or died of wounds received or sickness incurred in the course of such service, or were discharged before the expiration of the term of service in consequence of wounds received or sickness incurred in the course of such service, shall be entitled to receive a certificate or warrant for one hundred and sixty acres of land; or at option Treasury scrip for one hundred dollars bearing interest at six per cent. per annum, payable semi-annually, at the pleasure of the Government. In the event of the death of any one of the persons mentioned in this section during service, or after his discharge, and before the issuing of a certificate or warrant, the warrant or scrip shall be issued in favor of his family or relatives; first, to the widow and his children; second, his father; third, his mother; fourth his brothers and sisters. 11 Feb., 1847, s. 9, v. 9, p. 125. SEC. 2419. The persons enumerated in the preceding section received Certain classes into service after the commencement of the war with Mexico, for less of persons in the Mexican war, than twelve months, and who served such term, or were honorably dis- their widows, charged are entitled to receive a certificate or warrant for forty acres, &c., entitled to or scrip for twenty-five dollars if preferred, and in the event of the forty acres. death of such person during service, or after honorable discharge before the eleventh of February, eighteen hundred and forty-seven, the warrant or scrip shall issue to the wife, child, or children, if there be any, and if none, to the father, and if no father, to the mother of such soldier. 11 Feb., 1847, s. 9, p. 125. Militia and vol since 1812. SEC. 2420. Where the militia, or volunteers, or State troops of any State or Territory, subsequent to the eighteenth day of June, eighteen unteers in service hundred and twelve, and prior to March twenty-second, eighteen hundred and fifty-two, were called into service, the officers and soldiers thereof shall be entitled to all the benefits of section two thousand four hundred and eighteen upon proof of length of service as therein required. 22 March, 1852, s. 4, v. 10, p. 4. SEC. 2421. No person shall take any benefit under the provisions of the three preceding sections, if he has received, or is entitled to receive, any military land-bounty under any act of Congress passed prior to the twenty-second March, eighteen hundred and fifty-two. 28 Sept., 1850, s. 1, v. 9, p. 520. Persons not entitled under preceding sections. Period of cap SEC. 2422. The period during which any officer or soldier remained tivity added to in captivity with the enemy shall be estimated and added to the period actual service. of his actual service, and the person so retained in captivity shall receive land under the provisions of sections twenty-four hundred and eighteen and twenty-four hundred and twenty, in the same manner that he would be entitled in case he had entered the service for the whole term made up by the addition of the time of his captivity, and had served during such term. Ibid., 8. 2. Warrant and when. SEC. 2423. Every person for whom provision is made by sections twenty-four hundred and eighteen and twenty-four hundred and patent to issue, twenty shall receive a warrant from the Department of the Interior for the quantity of land to which he is entitled; and upon the return of such warrant, with evidence of the location thereof having been legally made to the General Land-Office, a patent shall be issued therefor. Ibid, 8. 3. SEC. 2424. In the event of the death of any person, for whom provision is made by sections twenty-four hundred and eighteen and twentyfour hundred and twenty, and who did not receive bounty-land for his services, a like warrant shall issue in favor of his widow, who shall be entitled to one hundred and sixty acres of land in case her husband was killed in battle; nor shall a subsequent marriage impair the right of any widow to such warrant, if she be a widow at the time of making her application. Ibid. Widows of persons entitled' Additional SEC. 2425. Each of the surviving persons specified in the classes enumerated in the following section, who has served for a period of not less bounty-lands, &c than fourteen days, in any of the wars in which the United States have been engaged since the year seventeen hundred and ninety, and prior to the third day of March, eighteen hundred and fifty-five, shall be entitled to receive a warrant from the Department of the Interior, for one hundred and sixty acres of land; and, where any person so entitled has, prior to the third day of March, eighteen hundred and fifty-five, received a warrant for any number of acres less than one hundred and sixty, he shall be allowed a warrant for such quantity of land only as will make, in the whole, with what he may have received prior to that date, one hundred and sixty acres. 3 March, 1855, ss. 1, 3, v. 10, p. 701. SEC. 2426. The classes of persons embraced as beneficiaries under the Classes under preceding section, are as follows, namely: First. Commissioned and non-commissioned officers, musicians, and privates, whether of the regulars, volunteers, rangers, or militia, who were regularly mustered into the service of the United States. last section specified. What classes Second. Commissioned and non-commissioned officers, seamen, ordinary seamen, flotilla-men, marines, clerks, and landsmen in the Navy. Third. Militia, volunteers, and State troops of any State or Territory, called into military service, and regularly mustered therein, and whose services have been paid by the United States. Fourth. Wagon-masters and teamsters who have been employed under the direction of competent authority, in time of war, in the transportation of military stores and supplies. Fifth. Officers and soldiers of the revolutionary war, and marines, seamen, and other persons in the naval service of the United States during that war. Sixth. Chaplains who served with the Army. Seventh. Volunteers who served with the armed forces of the United States in any of the wars mentioned, subject to military orders, whether regularly mustered into the service of the United States or not. 3 March, 1855, ss. 1, 8, 10, v. 10, p. 701. 14 May, 1856, ss. 4, 5, v. 11, p. 8. SEC. 2427. The following class of persons are included as beneficiof persons are en- aries under section twenty-four hundred and twenty-five, without retion 2425, without gard to the length of service rendered. titled under sec regard to length of service. Widows and sons entitled un First. Any of the classes of persons mentioned in section twenty-four hundred and twenty-six who have been actually engaged in any battle in any of the wars in which this country has been engaged since seventeen hundred and ninety, and prior to March third, eighteen hundred and fifty-five. * 3 March, 1855, ss. 3, 9, 11, v. 10, p. 702. SEC. 2428. In the event of the death of any person who would be enchildren of per- titled to a warrant, as provided in section twenty-four hundred and der section 2425. twenty-five, leaving a widow, or, if no widow, a minor child, such widow or such minor child shall receive a warrant for the same quantity of land that the decedent would be entitled to receive, if living on the third day of March, eighteen hundred and fifty-five. Allowance of for distance from Ibid., s. 2. SEC. 2433. When any company, battalion, or regiment, in an organtime of service ized form, marched more than twenty miles to the place where they home to place of were mustered into the service of the United States, or were discharged muster or dis more than twenty miles from the place where such company, battalion, charge. Deserters not ty-land. or regiment was organized, in all such cases, in computing the length of service of the officers and soldiers of any such company, battalion, or regiment, there shall be allowed one day for every twenty miles from the place where the company, battalion, or regiment was organized to the place where the same was mustered into the service of the United States, and one day for every twenty miles from the place where such company, battalion, or regiment was discharged, to the place where it was organized, and from whence it marched to enter the service, provided that such march was in obedience to the command or direction of the President, or some general officer of the United States, commanding an army or department, or the chief executive officer of the State or Territory by which such company, battalion, or regiment was called into service. 14 May, 1856, s. 7, v. 11, p. 9. 22 March, 1852, s. 5, v. 10, p. 4. SEC. 2438. No person who has been in the military service of the entitled to boun- United States shall, in any case, receive a bounty-laud warrant if it appears by the muster-rolls of his regiment or corps that he deserted or was dishonorably discharged from service. 28 Sept., 1850, s. 1, v. 9, p. 520. 3 March, 1855, s. 1, v. 10, p. 701. [A joint resolution approved August 10, 1848, vol. 9, page 340, provided that the officers, non-commissioned officers, privates and musicians of the Marine Corps, who served with the Army in the war with Mexico, should be placed, in all respects as to bounty-land and other remuneration, in addition to ordinary pay, on a footing with the officers, non-commissioned officers, privates, and musicians of the Army; this remuneration to be in lieu of prize-money and all other extra allowances.] NOTES. The term "allowances," when employed in a general sense, has been regarded as including bounty. Thus, see XIII, Op. 197, where it is held that the general forfeiture of pay and allowances due at the date of offense, imposed upon deserters by paragraph 1358, Army Regulations, embraced instalments of bounty due at the time of the desertion; also United States v. Landers, 2 Otto, 77, where the court goes so far as to hold that a forfeiture of "pay and allow ances" imposed by sentence, includes bounty.-Winthrop's Digest, p. 132. Service rendered since the 3d of March, 1855, includng the late rebellion, does not entitle to bounty-lands. Only one warrant for one hundred and sixty acres can issue to a soldier for any and all service. Where service has been rendered by a substitute, he is the person entitled to bounty land, and not his employer. Applications for bounty-land warrants must be made to the Commissioner of Pensions; correspondence in relation to bounty in money should be addressed to the Second Auditor of the Treasury.-Pension Office Decisions, p. 86. Officers and privates dismissed the service without trial, and remanded to the service by the President, but who, not receiving the order of the President, did not return to the service, are, notwithstanding, entitled to bounty-land.Pension Office Decisions, p. 131. Where any portion of the Marine Corps in the several wars referred to in the act of Sept. 28, 1850, was embodied with the Army in the field and performed service as a part of the Army, it is entitled to bounty-land.-Idem, p. 131. The word service" in bounty-land acts refers to that of the soldier, not of his company. Claim of a soldier can be valid only on one of the following conditions: 1. Must have been regularly mustered into the United States service. 2. That the services were paid for by the United States. 3. That he served with the armed forces of the United States, subject to the military orders of a United States officer.-Idem, p. 139. The entire portion of the Marine Corps, whether they served on ship-board or land on the Mexican coast or in the interior, in the Mexican war, are to be considered within the true meaning of the resolution of the 10th of August, 1848, as having "served with the Army in the war with Mexico," and entitled to the bounty-land and other remuneration which that resolution provides. But in awarding it to such as received prize-money, such money should, in the account, be carried to the credit of the Government.-Op. 5, p. 155, Sept. 17, 1849, Johnson. Under the act of March 3, 1855, and sections 2425 to 2429 R. S., members of the Marine Corps and their representatives would be entitled to bounty-land without relinquishing or returning prize-money, &c.-Pension Office Decisions, p. 131. Not entitled to bounty-land for service in a United States ship not engaged in the Mexican war; nor for service during the war in a war vessel on the coast of Africa.-Idem, pp. 133, 141. Pardon by the President for participation in the late rebellion does not authorize the allowance of bounty-land, the right to which is the subject of a claim against the Government and is governed by the provisions of the joint resolu tion of March 2, 1867.-Pension Office Decisions, p. 138. BOUNTY. Title 54. Bounty for per SEC. 4635. A bounty shall be paid by the United States for each person on board any ship or vessel of war belonging to an enemy at the commencement of an engagement, which is sunk or otherwise destroyed sons on board in such engagement by any ship or vessel belonging to the United States vessels sunk or or which it may be necessary to destroy in consequence of injuries sus- destroyed. tained in action, of one hundred dollars, if the enemy's vessel was of inferior force, and of two hundred dollars, if of equal or superior force, to be divided among the officers and crew in the same manner as prizemoney; and when the actual number of men on board any such vessel cannot be satisfactorily ascertained, it shall be estimated according to the complement allowed to vessels of its class in the Navy of the United States; and there shall be paid as bounty to the captors of any vessel of war captured from an enemy, which they may be instructed to destroy, or which is immediately destroyed for the public interest, but not in consequence of injuries received in action, fifty dollars for every person who shall be on board at the time of such capture. 30 June, 1864, s. 11, v. 13, p. 310. [As to bounty for the capture of vessels engaged in the slave trade with Afri cans on board, see under SLAVE TRADE.] [Section 4642 provides that bounty accruing or awarded to any vessel of the Navy shall be distributed and paid to the officers and men entitled thereto, in the same manner as prize-money, under the direction of the Secretary of the Navy, and section 4643 requires every assignment of bounty money due to enlisted persons in the naval service, and all powers of attorney or other authority, to draw, receipt for, or transfer the same, to be attested by the captain or other commanding officer, and the paymaster.] [By section 3689 of the Revised Statutes, "bounty to soldiers" is a permanent annual appropriation.] |