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compensation in

a party.

v. 13, p. 123.

SEC. 1782. No Senator, Representative, or Delegate, after Upon taking his election and during his continuance in office, and no head matters to which of a Department, or other officer or clerk in the employ of United States is the Government, shall receive or agree to receive any com- June 11, 1864, pensation whatever, directly or indirectly, for any services See secs. 3739 to rendered, or to be rendered, to any person, either by him- 3742, Contracts and Supplies, self or another, in relation to any proceeding, contract, claim, Division 1. controversy, charge, accusation, arrest, or other matter or thing in which the United States is a party, or directly or indirectly interested, before any Department, court-martial, Bureau, officer, or any civil, military, or naval commission whatever. Every person offending against this section shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than two years, and fined not more than ten thousand dollars, and shall, moreover, by conviction therefor, be rendered forever thereafter incapable of holding any office of honor, trust, or profit under the Government of the United States.

contributions,

Feb. 1, 1870, v.

SEC. 1784. No officer, clerk, or employé in the United Prohibition of States Government employ shall at any time solicit con- presents, etc., to tributions from other officers, clerks, or employés in the superiors. Government service for a gift or present to those in a supe- 16, p. 63. rior official position; nor shall any such officials or clerical superiors receive any gift or present offered or presented to them as a contribution from persons in Government employ receiving a less salary than themselves; nor shall any officer or clerk make any donation as a gift or present to any official superior. Every person who violates this section shall be summarily discharged from the Government employ.

gress.

of

SEC. 5450. Every person who promises, offers, gives, or Title 70, chap. 5. causes or procures to be promised, offered or given, any Bribery money or other thing of value, or makes or tenders member of Conany contract, undertaking, obligation, gratuity, or security for Feb. 26, 1853, s. the payment of money, or for the delivery or conveyance 6, v. 10, p. 171. of anything of value, to any member of either House of Congress, either before or after such member has been qualified or has taken his seat, with intent to influence his vote or decision on any question, matter, cause, or proceeding which may be at any time pending in either House of Congress, or before any committee thereof, shall be fined not more than three times the amount of money or value of the thing so offered, promised, given, made or tendered, or caused or procured to be so offered, promised, given, made, or tendered, and shall be, moreover, imprisoned not more than three years.

United States

62, v. 14, p. 168;

3, 1863, s. 6, v. 12,

SEC. 5451. Every person who promises, offers, or gives, Bribery of any or causes or procures to be promised, offered, or given, any offers. money or other thing of value, or makes or tenders any con-July 13, 1866, s. tract, undertaking, obligation, gratuity, or security for the July 18, 1866, s.35, payment of money, or for the delivery or conveyance of y. 14. p. 186; Mar. anything of value, to any officer of the United States, or p. 740. to any person acting for or on behalf of the United States in any official function, under or by authority of any department or office of the Government thereof, or to any officer or person acting for or on behalf of either House of Con

Title 70, chap. 6.

terested

claims.

2, v. 10, p. 170.

gress, or of any committee of either House, or both Houses thereof, with intent to influence his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, or with intent to influence him to commit or aid in committing, or to collude in, or allow, any fraud, or make opportu nity for the commission of any fraud, on the United States, or to induce him to do or omit to do any act in violation of his lawful duty, shall be punished as prescribed in the preceding section.

SEC. 5498. Every officer of the United States, or person Officers, etc., in holding any place of trust or profit, or discharging any in official function under, or in connection with, any Executive Feb. 26, 1853, s. Department of the Government of the United States, or under the Senate or House of Representatives of the United States, who acts as an agent or attorney for prosecuting any claim against the United States, or in any manner, or by any means, otherwise than in discharge of his proper official duties, aids or assists in the prosecution or support of any such claim, or receives any gratuity, or any share of or interest in any claim from any claimant against the United States, with intent to aid or assist, or in consideration of having aided or assisted, in the prosecution of such claim, shall pay a fine of not more than five thousand dollars, or suffer imprisonment not more than one year, or both. SEC. 5500. Any member of either House of Congress who asks, accepts, or receives any money, or any promise, cons. tract, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery 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.

Member of Congress accepting bribe, etc.

Feb. 26, 1853,

6, v. 10, p. 171.

See sec. 5450.

United States officer accepting bribe, etc.

62, v. 14, p. 168;

Mar. 3, s. 6,

See sec. 5498, under Claims.

SEC. 5501. Every officer of the United States, and every person acting for or on behalf of the United States, in any July 13, 1866, 8: Official capacity under or by virtue of the authority of any July 18, 1866, s. department or office of the Government thereof; and every 331866 officer or person acting for or on behalf of either House of v. 12, p. 740. 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.

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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.

Feb. 26, 1853, s.

6, v. 10, p. 171.

poses forbidden.

p. 143.

That all executive officers or employees of the United Aug. 15, 1876. States not appointed by the President, with the advice and Contributions consent of the Senate, are prohibited from requesting, giv- for political puring to, or receiving from, any other officer or employee of Aug. 15, 1876, the Government, any money or property or other thing of ch. 287, s. 6, v. 19, 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.

purposes forbid.

No Senator, or Representative, or Territorial Delegate of Jan. 16, 1883. the Congress, or Senator, Representative, or Delegate elect, Assessment, or any officer or employee of either of said houses, and no etc., for political executive, judicial, military, or naval officer of the United den. States, and no clerk or employee of any department, branch, Jan. 16, 1883, or bureau of the executive, judicial, or military or naval L., p. 406. service of the United States, shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting 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.

No person shall, in any room or building occupied in the Ibid., s. 12. discharge of official duties by any officer or employee of the United States mentioned in this act, or in any navyyard, 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.

No officer or employee of the United States mentioned Ibid., s. 13. 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.

No officer, clerk, or other person in the service of the Ibid., s. 14. United States 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.

Presents from

cles for the gov

Any person who shall be guilty of violating any provi- Ibid., s. 15. sion of the four foregoing sections shall be deemed guilty foreign govern of a misdemeanor, and shall, on conviction thereof, be ments. See arti punished by a fine not exceeding five thousand dollars, or ernment of the by imprisonment for a term not exceeding three years, neous Provisions, Navy, Miscellaor by such fine and imprisonment both, in the discretion of Division I. the court.

See also June 17, 1874. Diplomatic Officers.

Title 54.

Bounty for per

vessels sunk

s. 11, v. 13, p. 310.

for the capture of

with Africans on

Slave Trade.

See note 1.

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SEC. 4635. A bounty shall be paid by the United States for each person on board any ship or vessel of war belongsons on boarding to an enemy at the commencement of an engagement, destroyed. which is sunk or otherwise destroyed in such engagement June 30, 1804, by any ship or vessel belonging to the United States or As to bounty which it may be necessary to destroy in consequence of vessels engaged injuries sustained in action, of one hundred dollars, if the in the slave trade enemy's vessel was of inferior force, and of two hundred board, see under dollars, if of equal or superior force, to be divided among the officers and crew in the same manner as prize-money; 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.

Note 1.-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 allowances" imposed by sentence, includes bounty. (Winthrop's Digest, p. 132.)

Service rendered since the 3d of March, 1855, including 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.)

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.)

Where any portion of the Marine Corps in the several wars referred to in the act of September 28, 1850, was embodied with the Army in the field and performed serv ice as a part of the Army, it is entitled to bounty land. (Idem.)

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.) The entire portion of the Marine Corps, whether they served on shipboard 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, etc. (Pension Office Decisions.)

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.)

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 resolution of March 2, 1867. (Pension Office Decisions.)

Sec. 4642. All ransom money, salvage, bounty, or proceeds of condemned property 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.

Distribution of

bounty, etc.

prize money and

Sec. 4643. Every assignment of prize or bounty money Assignments of due to enlisted persons in the naval service, and all powers bounty. of attorney or other authority, to draw, receipt for, or trans- [By s. 3689 of the R. S., "bounfer the same shall be void unless the same be attested by ty to soldiers" is the captain or other commanding officer, and the paymaster. a permanent an nual appropria

tion.]

Title 57.

diers enrolled as "slaves."

SEC. 4723. All colored persons who enlisted in the Army during the war of the rebellion, and who are now prohib-colored solited from receiving bounty and pension on account of being borne on the rolls of their regiments as "slaves," shall be placed on the same footing, as to bounty and pension, as though they had not been slaves at the date of their enlistment.

That persons hereafter enlisted into the naval service or marine corps during the present war shall be entitled to receive the same bounty as if enlisted in the Army

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Every volunteer who is accepted and mustered into the service for a term of one year, unless sooner discharged, shall receive, and be paid by the United States, a bounty of one hundred dollars; and if for a term of two years, unless sooner discharged, a bounty of two hundred dollars;

Note 1.-The foregoing act repeals the joint resolution of February 24, 1864, conferring on seamen and ordinary seamen a bounty equal to three months pay on their enlisting in the Navy.

Note 2-April 22, 1872, chap. 114, v. 17, p. 55, authorizes $100 bounty to all volunteers who enlisted prior to July 22, 1861, for three years, and were mustered into service before August 6, 1861, if they were honorably discharged and had not received the same for such service.

Two and three years' men who enlisted between April 12, 1861, and December 24, 1863, or between April 1, 1864, and July 18, 1864, are entitled to $100 bounty under act of July 22, 1861, chap. 9, v. 12, p. 270, provided they served two years or more as enlisted men, or were honorably discharged as such on account of wounds received in line of duty before two years' service. If discharged before serving two years, and died before July 28, 1866, of disease contracted in the service, his heirs are entitled to the additional bounty under act of July 28, 1866, chap. 296, v. 14, p. 322. If a soldier died in the service, his heirs became entitled to any bounty to which the soldier would have been entitled under his contract.

The act of July 28, 1866, gave an additional bounty of $100 to men who enlisted and served for three years from April 19, 1861, and $50 to those who enlisted and served for two years from April 14, 1861. Not given to any one if the soldier was enti tled to receive, at any time, a greater bounty than $100 under any other act or acts. Drafted men, enrolled from March 3, 1863, to September 5, 1864, for three years, or men who, from March 3, 1863, to September 5, 1864, enlisted for three years as substitutes for drafted men, are only entitled by act of March 3, 1863, to $100 bounty, if they served two years or more, or were discharged by reason of wounds received in line of duty before two years' service. Neither they nor their heirs are entitled to additional bounty under act of July 28, 1866.

Under the act of July 4, 1864, v. 13, p. 379, if discharged "because of wounds received in the line of duty," the volunteer became entitled to the full amount of bounty therein provided; but if discharged "because of services no longer required," or by close of war," he has no claim for balance of bounty.

All soldiers discharged by reason of wounds received in battle, or in line of duty, are entitled by acts of March 3, 1863, March 3, 1865, and joint resolution of April 12, 1866, to receive the same bounty they would have received had they served their full term of enlistment. The word wound is held to mean injury from violence received in line of duty. Bounty depends upon being discharged by reason of the wound.

No bounty is paid for enlistments made before April 12, 1861, nor for 100 days, or three, six, and nine months' men; nor for one year's men enlisting prior to July 18, 1864; nor to volunteers who enlisted after April 30, 1865. (From circular of Second Auditor, March 3, 1880.)

The same bounties (as to the duration of enlistment, amounts and modes of payment) are to be paid to "persons" of all grades who have, since the 1st of July, 1864,

Mar. 3, 1873, ch.

262, v. 17, p. 601. See Op., XV, p.

474.

July 1, 1864.

s.4, v. 13, p. 342.

See July 4, 1864.
See note 1.

July 4, 1864. Bounty for enlisting.

See note 2.

S. 1, v. 13, p. 379.

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