UNITED STATES V. HOSMER, 76 U. S. 432 (1869)

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U.S. Supreme Court

United States v. Hosmer, 76 U.S. 9 Wall. 432 432 (1869)

United States v. Hosmer

76 U.S. (9 Wall.) 432


The 3d section of the act of August 6, 1861, which enacts that

"All the acts, proclamations, and orders of the President of the United States, after the 4th of March, 1861, respecting the army and navy of the United States, and calling out or relating to the militia or volunteers from the states, are hereby approved, and in all respects legalized and made valid, to the same intent, and with the same effect, as if they had been issued and done under the previous express authority of the Congress of the United States,"

validates and ratifies a proclamation and orders of the President, made in May, 1861; and where such proclamation and order promised to privates who entered the service a bounty of $100, "when honorably discharged," a private entering on the 15th July, 1861, is entitled to the bounty whenever honorably discharged; though he have served less than six months. The act of 22 July, 1861, the 1st section of which provides that

"All provisions of law applicable to three years volunteers shall apply to two years volunteers, and to all volunteers who have been or may be accepted into the service of the United States for a period not less than six months,"

and whose 5th section provides that $100 shall be paid to privates "honorably discharged," who shall have served "two years, or during the war, if sooner ended," does not apply to him.

This was an appeal by the United States from the judgment of the Court of Claims giving to a discharged soldier a bounty which he claimed of $100.

Page 76 U. S. 433

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