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Tad ardeonfined to his barracks, quarters or tent, and deprived of his *Writy duis eum manding officer. And any officer, who shall leave his conrament befre be shall be set at liberty by his commanding officer, or by

Is it pwer, shall be cashiered for it. ART. 13. Non-comunisted officers and soldiers, who shall be charged bermes shall be imprisoned, until they shall be tried by a court-martial, perdhv pris authority. ART. 16. Visofficer or sldier, who shall be put in arrest or imprisonment, ali antinue in his confinement more than eight days, or until such time & a nort-martial can be assembled.

Art. 17. l) theeraummanding a guard, or provost-marshal, shall refuse to write or keep any prisoner committed to his charge by any officer be

to the forces of the United States, provided the officer committing, at the same time, deliver an account in writing signed by hiinself, of the time with which the said prisoner is charged.

ART 1 No otheer commanding a guard, or provost-marshal, shall pre• t trivit po any person committed to his charge, without proper authoratt f i nt: nur wball he suffer any person to escape on penalty of being

i fir it by the sentence of a court-martial. ART. 1". Errry otheer, or propost-marshal, to whose charge prisoners atau te m itte, shall, within twenty-four hours after such commitsest tas sun he shall be relieved from his guard, make report in

n* the curmander-in-chief, or commanding otheer, of their names, 5. Tomre, and the names of the officers who committed them, on the

.T f his being punished for disobedience or neglect at the discretion aciun-martial.

Auto Whatever emmissioned officer shall be convicted before a Feral a urt-martial, of behaving in a sandalous and infamous manner, wu DX in untersting an officer and a gentieman, shall be dismissed the

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ART 21. In ore where a court-martial may think it proper to sentence & m r. ***e other to be suspended from command, they shall have

a s Bu su yerd his pay and emoluments for the same time, according $ .n ura an't hein u-nex of the offence,

ART . In all 24*** where a commissjoped officer is cashiered for cow. 11 fraud, it shall be added in the sentence, that the crime, name,

(al-ste, and punishment of the delinquent be published in the

4 ., in and about the camp, and of the particular state from which U *** 17 me, or usually reside#: after which it shall be deemed scan

g.1 any other to ****iate with him. Art Tecommanding offers of any pant p detachment, in which the shadohe a number of ofbeere aequate to form a general courtmural wall, on me which require the eignizance of such a court, rem e mmanding for of the department, who shall per a court

* ' at the nearest pt or detarbinent, and the party accused, £ the recordary witnesses, to be transported to the place where the said

ART 4 Sisera shall be sentenced to suffer death, except in the menuruely menta ined in the aforegoing articles: por shall tre than

taired laches the intricted on any offender at the discretion of a cuart

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:! ente, op peruin ofhciating as such, at any general curt.

ali transmit, with as much expedition is the opportunity of time 4! av place can vimit, the original proceedings and sentence of h art-shartial, to the secretary at war, which said original proceeding

and sentence, shall be carefully kept and preserved in the office of the said secretary, to the end, that persons entitled thereto, may be enabled, upon application to the said office, to obtain copies thereof.

The party tried by any general court-martial, shall be entitled to a copy of the sentence and proceedings of such court-martial after a decision on the sentence, upon demand thereof made by himself, or by any person or persons in his Behalf, whether such sentence be approved or not.

Art. 25. In such cases, where the general, or commanding officer may think proper to order a court of inquiry, to examine into the nature of any transaction, accusation, or imputation, against any officer or soldier, the said court shall be conducted conformably to the following regulations: It may consist of one or more officers, not exceeding three, with the judgeadvocate, or a suitable person, as a recorder, to reduce the proceedings and evidences to writing, all of whom shall be sworn to the faithful performance of their duty. This court shall have the same power to summon witnesses as a court-martial, and to examine them on oath: but they shall not give their opinion on the merits of the case, excepting they shall be theret) specially required. The parties accused shall also be permitted to crossexamine and interrogate the witnesses, so as to investigate fully the circumstances in question.

Art. 26. The proceedings of a court of inquiry must be authenticated by the signature of the recorder and the president, and delivered to the commanding officer; and the said proceedings may be admitted as evidence, by a court-martial, in cases not capital or extending to the dismission of an officer; provided, that the circumstances are such that oral testimony cannot be obtained. But as courts of inquiry may be perverted to dishonorable purposes, and may be considered as engines of destruction to military merit, in the hands of weak and envious commandants, they are hereby prohibited, unless demanded by the accused.

Art. 27. The judge-advocate, or the recorder, shall administer to the members the following oath:

“You shall well and truly examine and inquire, according to your evidence, into the matter now before you, without favor or affection. So help you God."

After which the president shall administer to the judge-advocate, or recorder, the following oath:

"You A. B. do swear, that you will, according to your best abilities, accurately and impartially record the proceedings of the court, and the evi. dences to be given in the case in hearing. So help you God."

The witnesses shall take the same oath as is directed to be administered to witnesses sworn before a court-martial.

Resolred, That when any desertion shall happen from the troops of the United States, the officer commanding the regiment or corps to which the deserters belonged, shall be responsible, that an immediate report of the same shall be made to the commanding officer of the forces of the United States present.

Resolred, That the commanding officer of any of the forces in the service of the United States, shall, upon report made to him of any desertions in the troops under his orders, cause the most immediate and sigorous search to be made after the deserter or deserters, which may be conducted by a commissioned or non-commissioned officer, as the case shall require. That, if such search should prove ineffectual, the officer commanding the regi. ment or corps to which the deserter or deserters belonged, shall insert, in the nearest gazette or newspaper, an advertisement, descriptive of the deserter or deserters, and offering a reward, not exceeding ten dollars, for s'h deserter who shall be apprehended and secured in any of the gaols of te neighboring states. That the charges of advertising deserters, the retable extra expenses incurred by the person conducting the pursuit, are the reward, shall be paid by the secretary at war, on the certificate of the nimmanding officer of the troops.

In Congress--- October 3, 1787. Whereas the time for which the greater part of the troops on the frontops are engaged, will expire in the course of the ensuing year, Rosdredi, Ihat the interests of the l'nited States require that a corps of

bun-ired troops should be stationed on the frontiers to protect the attiers on the public lands from the depredations of the Indians; to facilitain the survering and selling of the said lands, in order to reduce the paise debt, and to prevent all unwarrantable intrusions thereon.

Resdal, That in order to save the great expense of transporting new lesine to the distant frontiers of the United States, and also to avail the pate of the discipline and knowledge of the country, acquired by the tr on the frontiers, it is highly expedient to retain as many of them as tad Bluntarily re-engage in the service.

* Rendred, That seren hundred non-commissioned officers and privates be nard for the term of three years, unless sooner discharged, and that the ane te furnished in the proportions herein specified, by the states which nued the trops agreeably to the requisitions of Congress, of April, 1785." Conneticut ............165

New York ..............165
New Jersey.. .........110

That the commissioned officers for the said troops be furnished by the
EN 1 etates, agreeably to the present proportions.

That the organization of the said troops, together with the two companies no artı rey raised by virtue of the rewolves of Congress of the 20th of Octo ber. 1; bacoording to the present establishment, to wit: one regiment Sve infuntry of eight companies, each company four sergeants, four cor. frais, tw musicians, and sixty privates; and one battalion of artillery,

f fur e anganies, each company four sergeants, four corporals, two musi". .. and sixty privates. the seretary at war make the necessary arrangements, fruen time Bu tame, to replace the men on the frontiers whose engagements shall

T: st the said trompe shall be governed by such rules and articles of war * aris shall be established by Congress, or a committee of the mates. Tha! the far and allowances of the said troops be the same as directed the rate of Congress of April 12, 17-3."

1 Thestakl shment recognized by Congress, chap. 25, 29 sepe, 17-9, poat

* 12 A , 1:3, ante.




CHAPTER 7.- Approved, August 7, 1789.–Vol. 1, p. 49.


Ant to establued an Erecutire Department to be denominated the Department

of War,

1. Department of War established--Secretary thereof--his duties to include naval an i military affairs--Secretary subject to the President's instructions. 2. Chief

k of the Department of War-bir duties. 3. Oath of office of Secretary of War and huelerks.

THAT there shall be an Executive Department to be denomiDaled the Department of War; and that there shall be a prin.

14 Bordeaure for cerertaining the posters and duties of the Secretary of War,

1 ngr**?? Jangary, 17*. That the power and duty of the Secretary of War

as follo*, to wit: To examine into the present state of the troops, .*.*• . #m. st. monito-n, elnthing at d supplies of the trop of these states, and

* ****** * * **** to keep exact and regular returns of all the forces of *

e, and of all the maitary #torer, equipments and supplies in tbe magazines

$ ats., sp in ther pares for their use, and to receive into his ear. - h.

it when p resion they may be, all surb as may be requisite for the ******s ar d fear keping up retnt *ent ma zait, and to report the same to 4.1 *, res of the Treasury of the United states, that measures may be taken

" !Irmurinn the name; to jon pare estimates for paying and recruiting

. *. tedatee: to carry into t all ordinary and resulte **** free na sit and quipping tops for the settine sf the l' nited States, and

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.." trei are or may be in service, subject to the orderef carte ass
== ** the atates if the tries* o! (ingres; tu make sut, mal ar d tti-

. **ns of all such military offers se sa!! le 11. ir the fb ! 1 st to take order for the transportat , ne kerinz and • • *n olies for surb trompe and rims as market. u.

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*.all be fre ible for their conduct in offer: all which affarint-
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a rrtitel to Congress and web cert frate, or the m anne

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