or shall aid him to escape, or in an attempt to escape, shall be dismissed from the service, and suffer such other punishment as a courtmartial may inflict. Sec. 1359, R. S.

485. Soldiers suffering prisoner to escape.-Any soldier or other person employed in the prison who shall suffer a convict to escape, or shall in any way consent to his escape, or shall aid him to escape, or in an attempt to escape, shall, upon conviction by a court-martial, be confined therein not less than one year. Sec. 1360, R. S.

486. Employment of convicts, proceeds of work.-The commandant shall, under the direction and with the approval of the Secretary of War, employ, for the benefit of the United States, the convicts at such labor and in such trades as may be deemed best for their health and reformation. He shall have power to sell and dispose of any articles manufactured by the convicts, and shall regularly account for the proceeds thereof, and shall give bond and security for the faithful keeping and accounting of all moneys and property coming to his hands as such commandant. Sec. 1351, R. S.

487. Manufacture of military supplies.-The Secretary of War shall cause to be fabricated at the said prison such supplies for the Army as can be economically and properly manufactured at the said prison. Act of Mar. 3, 1879 (20 Stat. 389).

488. Conduct of prisoners, remissions.-The commandant shall take note and make record of the good conduct of the convicts, and shall shorten the daily time of hard labor for those who, by their obedience, honesty, industry, or general good conduct, earn such favors; and the Secretary of War is authorized and directed to remit, in part, the sentences of such convicts, and to give them an honorable restoration to duty in case the same is merited. Sec. 1352, R. S. (See in relation to the reenlistment of certain men, paragraph 1052.) 489. Privileges of prisoners.-The use of newspapers and books shall not be denied the convicts at times when not employed; and unofficial visitors shall be admitted to the prison under such restrictions as the board of commissioners may impose. The prisoners shall not be denied the privilege of communicating with their friends by letter, and from receiving like communications from them, all of which shall be subject to the inspection of the commandant, or such officer as he may assign to that duty. Sec. 1356, R. S.

490. Provisions for prisoners. The prisoners shall be supplied with ample and clean bedding, and with wholesome and sufficient food, but when in hospital or under discipline their diet shall be prescribed by the proper authority. The prison shall be suitably ventilated, and each prisoner shall have a weekly bath of cold or tepid water, which shall be applied to the whole surface of the body, unless

the surgeon shall direct otherwise for the health of the prisoner. Sec. 1357, R. S.

491. Misconduct of prisoners.-In case any convict shall disobey the lawful orders of the officers of the prison, or refuse to comply with the rules and regulations thereof, he may be placed in solitary confinement, and the commandant shall at once report the case to the Secretary of War, who shall direct the inspector to make full examination and report of the matter at the next inspection. Sec. 1353, R. S.

492. Forbidden, punishment.-In no case shall any prisoner be subjected to whipping, branding, or the carrying of weights for the purpose of discipline, or for producing penitence. Sec. 1354, R. S.

493. Prisoners subject to articles of war.-All prisoners under confinement in said military prisons undergoing sentence of courtsmartial shall be liable to trial and punishment by courts-martial under the rules and articles of war for offenses committed during the said confinement. Sec. 1361, R. S.

494. Clothing at discharge.-Every prisoner, upon being discharged from prison, shall be furnished with decent clothing. Sec. 1355, R. S.

(For a number of years the appropriations act for the Army has contained annually an item authorizing a donation of $5 to each dishonorably discharged prisoner upon his release from confinment under court-martial sentence involving dishonorable discharge, and one authorizing the issue to a man under similar conditions a suit of citizen's outer clothing, to cost not exceeding $10; also one authorizing transportation on discharge of prisoners confined at the United States Military Prison to their homes or elsewhere as they may elect, provided the cost is not greater than that to the place of last enlistment.)

HISTORICAL NOTE.

The office of Judge Advocate of the Army was created during the War of the Revolution, having been established by resolution of Congress of July-25, 1775 (Journals of Cong.), soon after the enactment of the Articles of War on June 29 of the same year. In the reenactment of the articles, in 1776, this officer was styled the Judge Advocate General of the Army and was empowered to prosecute in the name of the United States or to conduct such prosecutions by deputy. The office of judge advocate ceased to exist at the disbandment of the Revolutionary Armies, but was revived by section 2 of the act of March 3, 1797 (1 Stat., 507), which made provision for a judge advocate, to be taken from the commissioned officers of the line, who was to receive the same pay and allowances as the brigade major (adjutant) and inspector therein authorized. This office, with other offices in the General Staff, was discontinued by the act of March 16, 1802 (2 id., 132). Section 19 of the act of 1812 (id., 674), passed in contemplation of war with England, made provision for one judge advocate, with the rank of major, to each division, and this number was increased to three by section 2 of the act of April 24, 1816 (3 id., 397). At the reduction of 1818 these officers were disbanded (act of April 14, 1818, 3 id., 426), and the office of Judge Advocate of the Army was discontinued by the act of March 2, 1821 (id., 615).

By section 4 of the act of March 3, 1849 (9 id., 351), the office of Judge Advocate of the Army was reestablished, with the rank and pay of major of Cavalry. By section 5 of the act of July 17, 1862 (12 id., 598), the office of Judge Advocate General was created, with the rank and pay of brigadier general; by this enactment the duties of the office were defined. By section 5 of the same statute provision was made for a Corps of Judge Advocates, one of whom was to be

assigned to duty at the headquarters of each army in the field. By section 5 of the act of June 20, 1864 (13 id., 145), the Bureau of Military Justice was established, to which the Judge Advocate General was transferred, and an Assistant Judge Advocate General, with the rank of colonel of Cavalry, was authorized. By section 12 of the act of July 28, 1866 (14 id., 334), the composition of the department was fixed at one Judge Advocate General (brigadier general), one Assistant Judge Advocate General (colonel), and ten judge advocates were added to the military establishment, who were to be selected by the Secretary of War from the Corps of Judge Advocates authorized by the act of July 17, 1862. By this statute the office of Solicitor of the War Department was discontinued, the duties of the office being marged in the Bureau of Military Justice. By section 3 of the act of March 3, 1869 (15 Stat., 318), all appointments and promotions in the several departments of the staff were prohibited until otherwise directed by law; but this restriction was removed, as to the Bureau of Military Justice, by the act of April 10, 1869 (16 id., 44), which fixed the number of judge advocates at eight. By section 2 of the act of June 23, 1874 (18 id., 244), the office of Assistant Judge Advocate General was discontinued, and it was provided that there should be no appointments to the grade of major until the number of officers of that grade had been reduced to four. By the act of July 5, 1884 (23 id., 113), the Bureau of Military Justice and the Corps of Judge Advocates were consolidated and merged in the Judge Advocate General's Department, the composition of which was fixed as follows: One Judge Advocate General (brigadier general), one Assistant Judge Advocate General (colonel), three deputy judge advocates general (lieutenant colonels), and three judge advocates (majors). Promotion to the grade of colonel was to be by seniority, and provision was made for the detail of officers of the line as judge advocates of military departments, who were to have, while so serving, the rank and pay of captains mounted.

By section 15 of the act of February 2, 1901 (31 id., 751), the permanent strength of the department was fixed at one Judge Advocate General with the rank of brigadier general, two judge advocates with the rank of colonel, three judge advocates with the rank of lieutenant colonel, and six judge advocates with the rank of major. The system of details of officers of the grade of captain or first lieutenant to serve as acting indge advocates and, while so serving, to have the rank, pay, and allowances of captains mounted, as established by the act of July 5, 1884 (23 Stat., 113), was recognized and continued.

By the act of March 2, 1913 (37 id., 708), the number of majors was increased to seven.