Henry Billings Brown

“ Justice FIELD, speaking for the court,say s: 'Forfeiture of pay and allowances up to the time of desertion follows from the conditions of the contract of enlistment, which is for faithful services. The contract is an entirety; and, if service for any portion of the time is criminally omitted, the pay and allowances for faithful service are not earned. And, for the purpose of determining the rights of the soldier to receive pay and allowances for past services, the fact of desertion need not be established by the findings of a court-martial ”

“ By his contract of shipment the seaman also bargains for honest and faithful service, and obedience to the lawful commands of the master and other officers of his vessel, and, in case of desertion or gross misconduct, it is the constant practice of courts of admiralty to forfeit the whole or a part of his wages, irrespective of the actual damage suffered by the owner or master of the vessel. ”

“ But this increase shall be considered as retained pay, and shall not be paid to the soldier until his discharge from the service, and shall be forfeited unless he serves honestly and faithfully to the date of discharge.'
To entitle the soldier to this retained pay it is therefore necessary to show,-First, his discharge from the service; second, an honest and faithful service to the date of discharge. ”