To the a.s.sISTANT ADJUTANT GENERAL, _Department of the Columbia_.
Sir:
A sentinel is placed as guard over prisoners to prevent their escape, and, for this purpose, he is furnished a musket, with ammunition. To prevent escape is his first and most important duty.
I suppose the law to be this: That a sentinel shall not use more force or violence to prevent the escape of a prisoner than is necessary to effect that object, but if the prisoner, after being ordered to halt, continues his flight the sentinel may maim or even kill him, and it is his duty to do so.
A sentinel who allows a prisoner to escape without firing upon him, and firing to hit him, is, in my judgment, guilty of a most serious military offense, for which he should and would be severely punished by a general court-martial.
(Signed) HENRY A. MORROW, _Colonel Twenty-first Infantry, Commanding Post_.
[Third indors.e.m.e.nt.]
OFFICE JUDGE ADVOCATE, MILITARY DIVISION OF THE PACIFIC, _May 11, 1883_.
Respectfully returned to the a.s.sistant adjutant general, Military Division of the Pacific, concurring fully in the views expressed by Col. Morrow. I was not aware that such a view had ever been questioned. That the period is a time of peace does not affect the authority and duty of the sentinel or guard to fire upon the escaping prisoner, if this escape can not otherwise be prevented. He should, of course, attempt to stop the prisoner before firing by ordering him to halt, and will properly warn him by the words "Halt, or I fire," or words to such effect.
W. WINTHROP, _Judge Advocate_.
[Fourth indors.e.m.e.nt.]
HEADQUARTERS MILITARY DIVISION OF THE PACIFIC, _May 11, 1883_,
Respectfully returned to the commanding general, Department of the Columbia, approving the opinion of the commanding officer, Twenty-first Infantry, and of the judge advocate of the division, in respect to the duty of and method to be adopted by sentinels in preventing prisoners from escaping.
By command of Maj. Gen. Schofield: J. C. KELTON, _a.s.sistant Adjutant General_.
See also Circular No. 53, A. G. O., December 22, 1900.
=306.= On approaching the post of the sentinel at the guardhouse, a sentinel of the prisoner guard or an overseer in charge of prisoners will halt them and call, "=No. 1, (so many) prisoners.=" He will not allow them to cross the post of the sentinel until so directed by the corporal of the guard.
=307.= Members of the prisoner guard and overseers placed over prisoners for work will receive specific and explicit instructions covering the required work; they will be held strictly responsible that the prisoners under their charge properly and satisfactorily perform the designated work.
=Section 17. Stable guards.=
STABLE GUARDS.
=308.= Under the head of stable guards will be included guards for cavalry stables, artillery stables and parks, mounted infantry stables, machine-gun organization stables and parks, and quartermaster stables and parks. Where the words "troop" and "cavalry"
are used, they will be held to include all of these organizations.
=309.= When troop stable guards are mounted they will guard the stables of the cavalry (see Par. 13). When no stable guards are mounted the stables will be guarded by sentinels posted from the main guard under the control of the officer of the day.
The instructions given for troop stable guard will be observed as far as applicable by the noncommissioned officers and sentinels of the main guard when in charge of the stables.
TROOP STABLE GUARDS.
=310.= Troop stable guards will not be used except in the field, or when it is impracticable to guard the stables by sentinels from the main guard.
=311.= Troop stable guards will be under the immediate control of their respective troop commanders; they will be posted in each cavalry stable or near the picket line, and will consist of not less than one noncommissioned officer and three privates.
Stable guards are for the protection of the horses, stables, forage, equipments, and public property generally. They will, in addition, enforce the special regulations in regard to stables, horses, and parks.
=312.= Sentinels of stable guards will be posted at the stables or at the picket lines when the horses are kept outside. The troop stable guard may be used as a herd guard during the day time or when grazing is practicable.
=313.= The troop stable guard, when authorized by the post commander, will be mounted under the supervision of the troop commander. It will be armed, at the discretion of the troop commander, with either rifle or pistol.
=314.= The tour continues for 24 hours, or until the guard is relieved by a new guard.
=315.= The employment of stable guards for police and fatigue duties at the stables is forbidden; but this will not prohibit them from being required to a.s.sist in feeding grain before reveille.
=316.= The troop stable guard will attend stables with the rest of the troop and groom their own horses, the sentinels being taken off post for the purpose.
=317.= Neither the noncommissioned officer nor the members of the stable guard will absent themselves from the immediate vicinity of the stables except in case of urgent necessity, and then for no longer time than is absolutely necessary. No member of the guard will leave for any purpose without the authority of the noncommissioned officer of the guard.
=318.= The noncommissioned officer and one member of the stable guard will go for meals at the proper hour; upon their return the other members of the guard will be directed to go by the noncommissioned officer.
=319.= When the horses are herded each troop will furnish its own herd guard. (Par. 14.)
=320.= Smoking in the stables or their immediate vicinity is prohibited. No fire or light, other than electric light or stable lanterns, will be permitted in the stables. A special place will be designated for tr.i.m.m.i.n.g, filling, and lighting lanterns.
NONCOMMISSIONED OFFICER OF THE TROOP STABLE GUARD.
=321.= The noncommissioned officer receives his orders from his troop commander, to whom he will report immediately after posting his first relief, and when relieved will turn over all his orders to his successor. He instructs his sentinels in their general and special duties; exercises general supervision over his entire guard; exacts order and cleanliness about the guardroom; prevents the introduction of intoxicants into the guardhouse and stables; receives, by count, from his predecessor, the animals, horse equipments, and all property (both private and public) pertaining thereto; examines, before relieving his predecessor, all locks, windows, and doors, and should any be found insecure he will report the fact to his troop commander when he reports for orders. He will personally post and relieve each sentinel, taking care to verify the property responsibility of the sentinel who comes off post, and see that the sentinel who goes on post is aware of the property responsibility that he a.s.sumes.
=322.= That the noncommissioned officer may be more thoroughly informed of his responsibility, all horses returning, except those from a regular formation, will be reported to him. He will then notify the sentinel on post, and, in the absence of the stable sergeant, will see that the horses are promptly cared for.
In case of abuse, he will promptly report to the troop commander.
Should the horse be the private property of an officer, he will report such abuse to the owner.
=323.= The noncommissioned officer will report any unusual occurrence during his tour direct to his troop commander.
=324.= Horses and other property for which the noncommissioned officer is responsible will not be taken from the stables without the authority of the post or troop commander.
=325.= The noncommissioned officer must answer the sentinel"s calls promptly.
=326.= In case of fire, the noncommissioned officer will see that the requirements of paragraph 334 are promptly carried out.