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risons, &c., may assemble courts-martial, &c. 67. No garrison or regimental court-martial empowered to try capital cases, &c. 68. Whenever convenient, &c., the officers of marines shall be associated with officers of the land force, for holding courts-martial, &c. 69. The judge-advocate, &c., to prosecute in the name of the United States, but shall consider himself counsel for the prisoner, so far, &c. The judge-advocate to administer an oath to each member of the court, &c. Form of the oath. The President of the court to administer an oath to the judge-advocate. Form of the judge-advocate's oath. 70. When a prisoner, from obstinacy, &c., stands mute, &c., the court may proceed to trial, &c. 71. When a member is challenged by a prisoner, he must state the cause, &c. 72. Members to behave with decency; and the youngest in commission to vote first. 73. Witnesses to be examined on oath. Form of the oath of a witness. 74. In cases not capital, &c., depositions may be taken, and read, &c., provided the prosecutor and accused are present, &c. 75. No officer to be tried but by a general court-martial, &c. No proceedings except between eight and three, unless, &c. 76. No person to use menacing words or gestures, &c., in presence of a court-martial, &c. 77. When an officer is charged with a crime, he is to be arrested, deprived of his sword, &c. 78. Non-commissioned officers and soldiers charged with crimes to be confined until tried, &c. 79. Officers and soldiers in arrest not to continue in confinement more than eight days, &c. 80. No officer commanding a guard, &c., to refuse to receive a prisoner, provided, &c. 81. No officer commanding a guard, &c., to release any person committed to his charge, &c. 82. Officers to whom prisoners are committed, to make report, &c., within twenty-four hours, of their names, crimes, &c. 83. Commissioned officers convicted, &c., of conduct unbecoming an officer, &c., to be dismissed, &c. 84. In cases where a court-martial suspends an officer from command, they are empowered to suspend his pay and emoluments, &c. 85. Where a commissioned officer is cashiered for cowardice or fraud, the crime, name, &c., of the delinquent, to be published, in the newspapers, &c. 86. Where the number of officers is not adequate to form a general court-martial, the commanding officer of the detachment, &c., to report to the commanding officer of the department, &c. 87. No person to be sentenced to death, but by the concurrence of two-thirds of the members of a general court-martial, &c., nor more than fifty lashes to be inflicted. 88. No person liable to be tried and punished by a general courtmartial for any offence committed more than two years before, unless, &c. 89. Every officer authorized to order a general court-martial, empowered to pardon or mitigate any punishment, &c., except, &c. The colonel, &c., of a regiment or garrison, &c., may pardon or mitigate, &c. 90. Judge-advocates, &c., to transmit, as expeditiously as possible, the original proceedings and sentences of general courts-martial to the secretary of war, in whose office they shall be preserved. The party tried by a general court-martial entitled to a copy of the sentence, &c. 91. Where the general, &c., may order a court of inquiry, &c., the court to consist of not exceeding three, and a judge-advocate, &c., to be sworn, &c. Courts of inquiry to have the same powers as courtsmartial to summon witnesses, &c., but are not to give an opinion unless specially required, &c. 92. Proceedings of courts of inquiry to be authenticated by the signatures of the recorder and president, &c., and may be admitted as evidence by courts-martial in cases not capital, &c., provided, &c. Courts of inquiry prohibited unless directed by the President, &c. 93. The judge-advocate, &c., to administer an oath to the members. Form of the oath. The pre

sident of the court to administer an oath to the judge-advocate. Form of judge-advocate's oath. Witnesses to take the oath, &c. 94. When a commissioned officer dies, &c., the major of the regiment, &c., is immediately to secure all his effects, &c., make an inventory, and transmit it to the war department, &c. 95. When a non-commissioned officer or soldier dies, &c., the commanding officer of the troop, &c., is to take an account of what effects he died possessed of, &c., and transmit it to the department of war, &c., and the effects to be accounted for, &c. In case officers authorized to take care of the effects of deceased officers and soldiers have occasion to leave the regiment, &c., they are to deposit the effects in the hands of the commanding officer, &c. 96. Officers, &c., in the corps of engineers, &c., to be governed by the preceding rules, &c. 97. Officers and soldiers of any troops, militia or others, being mustered, &c., when acting with regular forces, to be governed by these rules and articles, subject to be tried by courts-martial, &c., save that the courts are to be composed of militia officers. 98. Officers serving by commission from the authority of any particular state, when employed in conjunction with the regular forces, to take rank next after all officers of like grade in the regular forces, &c. 99. All crimes not capital, and all disorders and neglects, &c., though not mentioned in the preceding articles, to be taken cognizance of by courts-martial. 100. The President empowered to prescribe the uniform of the army. 101. The foregoing articles to be read and published once in every six months, to every garrison or regiment, &c. SEC. 2. In time of war, aliens found lurking about fortifications or the encampments of the armies, to suffer death, &c. SEC. 3. Rules and regulations by which the armies have been heretofore governed, to be henceforth void, &c., except, &c.

That, from and after the passing of this act, the following shall be the rules and articles by which the armies of the United States shall be governed:

ARTICLE 1. Every officer now in the army of the United States shall, in six months from the passing of this act, and every officer who shall hereafter be appointed shall, before he enters on the duties of his office, subscribe these rules and regulations.

ART. 2. It is earnestly recommended to all officers and soldiers diligently to attend divine service; and all officers who shall behave indecently or irreverently at any place of divine worship shall, if commissioned officers, be brought before a general courtmartial, there to be publicly and severely reprimanded by the president; if non-commissioned officers or soldiers, every person so offending shall, for his first offence, forfeit one-sixth of a dollar, to be deducted out of his next pay; for the second offence, he shall not only forfeit a like sum, but be confined twenty-four hours; and for every like offence, shall suffer and pay in like manner; which money, so forfeited, shall be applied, by the

captain or senior officer of the troop or company, to the use of the sick soldiers of the company or troop to which the offender belongs.

ART. 3. Any non-commissioned officer or soldier who shall use any profane oath or execration, shall incur the penalties expressed in the foregoing article; and a commissioned officer shall forfeit and pay, for each and every such offence, one dollar, to be applied as in the preceding article.

ART. 4. Every chaplain commissioned in the army or armies of the United States, who shall absent himself from the duties assigned him, (excepting in cases of sickness or leave of absence.) shall, on conviction thereof before a court-martial, be fined not exceeding one month's pay, besides the loss of his pay during his absence; or be discharged, as the said court-martial shall judge proper.

ART. 5. Any officer or soldier who shall use contemptuous or disrespectful words against the President of the United States, against the Vice-President thereof, against the Congress of the United States, or against the Chief Magistrate or Legislature of any of the United States in which he may be quartered, if a commissioned officer, shall be cashiered, or otherwise punished, as a court-martial shall direct; if a non-commissioned officer or soldier, he shall suffer such punishment as shall be inflicted on him by the sentence of a court-martial.

ART. 6. Any officer or soldier who shall behave himself with contempt or disrespect toward his commanding officer, shall be punished, according to the nature of his offence, by the judg ment of a court-martial.

ART. 7. Any officer or soldier who shall begin, excite, cause, or join in any mutiny or sedition, in any troop or company in the service of the United States, or in any party, post, detachment, or guard, shall suffer death, or such other punishment as by a court-martial shall be inflicted.

ART. 8. Any officer, non-commissioned officer, or soldier, who, being present at any mutiny or sedition, does not use his utmost endeavor to suppress the same, or, coming to the knowledge of any intended mutiny, does not, without delay, give information thereof to his commanding officer, shall be punished by the sentence of a court-martial with death, or otherwise, according to the nature of his offence.

ART. 9. Any officer or soldier who shall strike his superior officer, or draw or lift up any weapon, or offer any violence against him, being in the execution of his office, on any pretence whatsoever, or shall disobey any lawful command of his superior officer, shall suffer death, or such other punishment as shall, according to the nature of his offence, be inflicted upon him by the sentence of a court-martial.

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ART. 10. Every non-commissioned officer or soldier, who shall enlist himself in the service of the United States, shall, at the time of his so enlisting, or within six days afterward, have the Articles for the government of the armies of the United States read to him, and shall, by the officer who enlisted him, or by the commanding officer of the troop or company into which he was enlisted, be taken before the next justice of the peace, or chief magistrate of any city or town corporate, not being an officer of the army, or, where recourse cannot be had to the civil magistrate, before the judge-advocate, and in his presence shall take the following oath or affirmation: "I, A. B., do solemnly swear, or affirm, (as the case may be,) that I will bear true allegiance to the United States of America, and that I will serve them honestly and faithfully against all their enemies or opposers whatsoever; and observe and obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the Rules and Articles for the gov ernment of the armies of the United States." Which justice, magistrate, or judge-advocate is to give to the officer a certificate, signifying that the man enlisted did take the said oath or affirmation.

ART. 11. After a non-commissioned officer or soldier shall have been duly enlisted and sworn, he shall not be dismissed the service without a discharge in writing; and no discharge granted to him shall be sufficient which is not signed by a field officer of the regiment to which he belongs, or commanding officer, where no field officer of the regiment is present; and no discharge shall be given to a non-commissioned officer or soldier before his term of service has expired, but by order of the President, the Secretary of War, the commanding officer of a department, or the sentence of a general court-martial; nor shall a commissioned

1 By sect. 11 of chap. 42, 3 August, 1861, the oath of enlistment and re-enlistment may be administered by any commissioned officer of the army.

officer be discharged the service but by order of the President of the United States, or by sentence of a general courtmartial.

ART. 12. Every colonel, or other officer commanding a regiment, troop, or company, and actually quartered with it, may give furloughs to non-commissioned officers or soldiers, in such numbers, and for so long a time, as he shall judge to be most consistent with the good of the service, and a captain, or other inferior officer, commanding a troop or company, or in any garrison, fort, or barrack of the United States, (his field officer being absent,) may give furloughs to non-commissioned officers or soldiers, for a time not exceeding twenty days in six months, but not to more than two persons to be absent at the same time, excepting some extraordinary occasion should require it.

ART. 13. At every muster, the commanding officer of each regiment, troop, or company, there present, shall give to the commissary of musters, or other officer who musters the said regiment, troop, or company, certificates signed by himself, signifying how long such officers, as shall not appear at the said muster, have been absent, and the reason of their absence. In like manner, the commanding officer of every troop or company shall give certificates, signifying the reasons of the absence of the non-commissioned officers and private soldiers; which reasons and time of absence shall be inserted in the muster rolls, opposite the names of the respective absent officers and soldiers. The certificates shall, together with the muster rolls, be remitted by the commissary of musters, or other officer mustering, to the Department of War, as speedily as the distance of the place will admit.

ART. 14. Every officer who shall be convicted before a general court-martial of having signed a false certificate relating to the absence of either officer or private soldier, or relative to his or their pay, shall be cashiered.

ART. 15. Every officer who shall knowingly make a false muster of man or horse, and every officer or commissary of musters who shall willingly sign, direct, or allow the signing of muster rolls wherein such false muster is contained, shall, upon proof made thereof, by two witnesses, before a general court-martial, be cashiered, and shall be thereby utterly disabled to have or hold any office or employment in the service of the United States.

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