Noah Haynes Swayne

“ The 1st section of that act 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.' The 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.'
This was the first act passed by Congress for calling out troops to suppress the rebellion. It is insisted that it is retrospective as well as prospective in its operation ”

“ The only question before the court was the sufficiency of the facts alleged to warrant the judgment invoked. The case is presented for our consideration in the same manner. We cannot take cognizance of any fact beyond the scope of the record, as it was made up in the court below. ”

“ The United States demurred. The Court of Claims overruled the demurrer, and gave judgment for the petitioner. The United States thereupon brought the case by appeal to this court. The proclamation of the President and the orders of the War Department, relied upon by the claimant, are correctly set forth in the petition, and need not be more particularly adverted to. ”