Fifth. Indigent insane persons who have become insane within three years after their discharge from such service, from causes which arose during and were produced by said service.1 Sec. 4843, R. S., as amended by Act of Feb. 9, 1900 (31 Stat. 7).

1526. In California asylums.-The Secretary of War may, in his discretion, contract for the care, maintenance, and treatment of the insane of the Army, and inmates of the National Home for Disabled Volunteer Soldiers on the Pacific coast at any State asylum in California, in all cases which he is now authorized by law to cause to be sent to the Government Hospital for the Insane in the District of Columbia. Act of Mar. 3, 1901 (31 Stat. 1163).

1527. Insane Filipino soldiers.-The Secretary of War may, in his discretion contract for the care, maintenance, and treatment of the insane natives of the Philippine Islands serving in the Army of the United States at any asylum in the Philippine Islands in all cases which he is now authorized by law to cause to be sent to the Government Hospital for the Insane in the District of Columbia. Act of May 11, 1908 (35 Stat. 122).

1

The right to admission to the asylum has been extended by statute to include the following classes of cases:

(1) To insane convicts serving sentences of confinement imposed by United States courts. (Act of June 23, 1874, 18 Stat. 251.)

(2) To persons in custody charged with crime against the United States. (Act of Aug. 7, 1882, 22 Stat. 202.)

(3) To inmates of the several branches of the National Home for Disabled Volunteer Soldiers who may become insane. (Act of Aug. 7, 1882, 22 Stat. 302.) (4) To inmates of the Soldiers' Home who may become insane. (Act of July 7, 1884, 23 Stat. 194.) The expense of maintenance to be paid from the Soldiers' Home fund.

1528. The flag to be thirteen stripes and forty-eight stars.-The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be [forty-eight] stars, white in a blue field.1 Sec. 1791, R. S.

1529. A star to be added for every new State.-On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission.2 Sec. 1792, R. S.

1530. Seal of the United States.-The seal heretofore used by the United States in Congress assembled is declared to be the seal of the United States. Sec. 1793, R. S.

1531. Secretary of State to keep and affix the seal.-The Secretary of State shall keep such seal, and shall make out and record, and shall affix the same to, all civil commissions for officers of the United States, to be appointed by the President, by and with the advice and consent of the Senate, or by the President alone. But the seal shall not be affixed to any commission before the same has been signed by the President of the United States, nor to any other instrument, without the special warrant of the President therefor. Sec. 1794, R. S.

1See pars. 215 and 216 A. R., 1913. Also Bulletins 11 and 23, War Department, 1912.

See Dig. Opin. J. A. G., 629 I-V and 20 I, edition 1912.

The commissions of military officers now bear the seal of the War Department. (Act of Mar. 28, 1896, 29 Stat. 75.)

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1. British Code.-In the early periods of English history military law existed only in time of actual war. When war broke out troops were raised as occasion required, and ordinances for their government, or, as they were afterwards called, articles of war, were issued by the Crown, with the advice of the constable or of the peers or other experienced persons, or were enacted by the commander in chief in pursuance of an authority for that purpose given in his commission from the Crown. (Grose, Antiquities, vol. 2, p. 58.)

These ordinances or articles, however, remained in force only during the service of the troops for whose government they were issued, and ceased to operate on the conclusion of peace. Military law in time of peace did not come into existence until the passing of the first mutiny act in 1689.

The system of governing troops in active service by articles of war, issued under the prerogative power of the Crown, whether issued by the King himself

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or by the commanders in chief, or by other officers holding commissions from the Crown, continued from the time of the conquest till long after the passing of the annual mutiny acts (Barwis v. Keppel, 2 Wilson's Rep., 314), and did not actually cease till the prerogative power of issuing such articles was superseded in 1803 by a corresponding statutory power. (43 Geo. III. ch. 20.)

The earlier articles were of excessive severity, inflicting death or loss of limb for almost every crime. Gradually, however, they assumed something of the shape which they bear in modern times, and the ordinances or articles of war issued by Charles II in 1672 formed the groundwork of the articles of war of 1878, which were consolidated with the mutiny act in the army discipline and regulation act of 1879, which was replaced by the army act of 1881. The army code of 1881, which now constitutes the military code of the British Army, has of itself no force, but requires to be brought into operation annually by another act of Parliament, thus securing the constitutional principle of the control of the Parliament over the discipline requisite for the government of the army. (Manual of Military Law, War Office, 1914, pp. 6-14.)

2. American code-(a) Code of 1775.-Passing over the earlier enactments of the American Colonies of articles of war for the government of their respective contingents, of which we have examples in the articles adopted by the Provisional Congress of Massachusetts Bay. April 5, 1775 (American Archives, 4th series, vol. 1, p. 1350), followed by similar articles adopted in May and June of the same year, successively, by the Provincial Assemblies of Connecticut and Rhode Island and the Congress of New Hampshire (idem, vol. 2, pp. 565, 1153, 1180), we come to the first American articles-Code of 1775—-enacted by the