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cipal officer therein, to be called the Secretary for the Department of War, who shall perform and execute such duties as shall, from time to time, be enjoined on, or entrusted to him, by the President of the United States, agreeable to the constitution, relative to military commissions, or to the land or paval forces,? ships or warlike stores, of the United States, or to such other matters respecting military or naval affairs, as the President of the United States shall assign to the said department, or relative to the granting of lands to persons entitled thereto, for military services rendered to the United States, or relative to Indian affairs: and furthermore, that the said principal officer shall conduct the business of the said department in such manner as the President of the United States sball, from time to time, order or instruct.*
Sec. 2. That there shall be in the said department, an interior officer, to be appointed by the said principal officer, to be employed therein as he shall deem proper, and to be called the chief clerk in the department of war, and who, whenever the said principal officer shall be removed from office by the President of the United States, or in any other case of vacancy, shall, during such vacancy, have the charge and custody of all records, books and papers, appertaining to the said department.
Sec. 3. That the said principal officer, and every other person to be appointed or employed in the said department, shall, before he enters on the execution of his office, or employment, take an oath or affirmation well and faithfully to execute the trust committed to him.
Sec. 4. That the Secretary for the department of war, to be appointed in conseyuence of this act, shall, forthwith after his appointment, be entitled to have the custody and charge of all records, books and papers, in the office of secretary for the department of war, heretofore established by the l'nited States in Congress assembled.
[Approved, August 7, 1789.]
enter on the duties of their office, shall respectively take and subscribe an oath or affirmation of fidelity to the United States, and for the faithful execution of the trust reposed in them; and which oaths or affirmations shall be administered by the Secretary of Congress, and a certiticate thereof filed in his office.
i The Secretary of War, as the legitimate organ of the President, under a general authority from him, may exercise the power, and make the allowance to other having a separate command. Parker rs. U.S. 1 Peters, 296.
2 conferred on Secretary of Navy, 30 April, 1798, chap. 35. 3 Now transferred to Interior Department.
4 An Assistant Secretary of War to be appointed, by sec. 1, cbap. 42, August 3 1861, and two more for one year, by chap. 9, January 22, 1862.
("HAPTER 25.- Approved, September 29, 1789.-Vol. 1, p. 95.
4. Art fortsweise and adapt to the constitution of the l'nited States, the establish
mrt of the tre rased under the resolres of the l'nited States in ('ongress assembed and for exter purposes.!
That the putablishment contained in the resolve of the late Congress, of ibe (
k us, 1787, except as to the mode of appointing the offeers, 1.a:-) as is hereinafter provided, be, and the same is hereby recognized to be the petalli-bment for the troops in the service of the United States.
... That the pay and allowances of the said troops, be the same as haren established by the l'nited States in Congress assembled, by their treutate of the 12th of April, 1725.
SEL . That all commissioned and non-commissioned officers, and pri
n who are, or shall be, in the service of the l'nited States, shall take the fil:wing caths or affirmations, to wit: "I, A. B., do solemnly swear or
rm as the case may be that I will support the constitution of the (r. Staten." "I, A. B., do solemnly swear or affirm (as the case may tres fear true allegiance to the C'nited States of America, and to serie IL«m b estly and faithfully, against all their enemies or opposers whatsever, and to observe and obey the orders of the President of the l'nited **** America, and the orders of the officers appointed over me."
EC. 4. That the said trop shall be governed by the rules and articles 6. A. which hare been established by the l'nited States in Congress asP H, co by such rules and articles of war as may bereafter by law be
8.1. That, for the purpose of protecting the inhabitants of the frin. *.***. the listed States from the hostile incursions of the Indians, the
fert im hisoby authorized to call into service, from time to time, such fan f the militia of the states, respectively, as he may judge pereemary Ir the purpuwe afurr aid; and that their pay and subsistence, while in PTT in the same as the pay and subsistence of the troops abose
That this act shall continue, and be in force, until the end of the
of Congress, and no longer.
('HAPTER 10 - Approved, April 30, 1790.– Vol. 1, p. 119.
Ae Art jer regulating the Military Etablishment of the l'nited States.. That the ammissioned fheers bereinafter mentioned, and the number powu two hundred and sixteen non-commissioned offerse, privates,
vane, ball be raised for the service of the l nited States for the .. ( tirpe prar, unless they should previously by law he discharged.
. That the Dutrymmissioned offers and privates afureeaid, shall,
at the time of their enlistments, respectively, be able-bodied men, not under five feet six inches in height, without shoes; nor under the age of eighteen, nor above the age of forty-six years.
Sec. 3. That the commissioned officers hereinafter mentioned, and the said non-commissioned officers, privates, and musicians, shall be formed into one regiment of infantry, to consist of three battalions, and one bartalion of artillery. The regiment of infantry to be composed of one lieu. tenant-colonel commandant, three majors, three adjutants, three quartermasters, one paymaster, one surgeon, two surgeon's mates, and twelve companies, each of which shall consist of one captain, one lieutenant, one ensign, four sergeants, four corporals, sixty-six privates, and two musicians, The battalion of artillery shall be composed of one major commandant, one adjutant, one quartermaster, one paymaster, one surgeon's mate, and four companies ; each of which shall consist of one captain, two lieutenants, four sergeants, four corporals, sixty-six privates, and two musicians: Provided aluays, That the adjutants, quartermasters, and paymasters, sball be appointed from the line, of subalterns of the aforesaid corps, respectively.
Sec. 4. That the President of the United States may, from time to time, appoint one or two inspectors, as to him shall seem meet, to inspect the said troops, who shall also muster the same, and each of whom shall receive the like pay and subsistence as a captain, and be allowed $10 per month for forage.
Sec. 5. That the troops aforesaid shall receive for their services the following enumerated monthly rates of pay: Lieutenant-colonel commandant, $60; major commandant of artillery, 315 ; majors, $10; captains, $30; lieutenants, $22; ensigns, $18; surgeons, $30; surgeon's mates, $24; sergeants, $5; corporals, $t; privates, $3; senior musicians in each battalion of infantry, and in the battalion of artillery, $5; musicians, $3: Provided alumys. That the sums hereinafter specified, shall be deducted from the pay of the non-commissioned officers, privates, and musicians, stipulated as aforesaid, for the purposes of forming a fund for clothing and hospital stores: From the monthly pay of each sergeant and senior musician, there shall be de ducted, for uniform clothing, the sum of $1.40, and the further sum of 10 cents for hospital stores; and from the monthly pay of each corporal, for uniform clothing, $1.15, and the further sum of 10 cents for hospital stores: and from the monthly pay of each private and musician, for uniform clothing, the sum of 90 cents, and the further sum of 10 cents for hospital stores.
Sec. 6. That the subalterns who may be appointed to act as adjutants, shall cach receive for the same, in addition to their regimental pay, $10 per month; and quarter and pay masters, so appointed, each $5 per month.
Sec. 7. That the commissioned officers aforesaid shall receive, for their daily subsistence, the following number of rations of provisions, to wit: Lieutenant-colonel commandant, six; a major, four; a captain, three; a lieutenant, two; an ensign, two; a surgeon, three; a surgeon's mate, two: or money in lieu thereof, at the option of the said officers, at the contract price at the posts, respectively, where the rations shall become due.
Sec. 8. That the commissioned officers hereinafter described, shall receive, monthly, the following enumerated sums, instead of forage: Lieutenantcolonels commandant, $12; major commandant of artillery, majors, and surgeons, each, $10; surgeon's mates, each, $o.
Sec. 9. That every non-commissioned officer, private, and musician, aforesaid, shall receive, annually, the following articles of uniform clothing:
One hat, at helmet, one coat, one vest, two pair of woollen and linen overmils, four pair of bors, four shirts, two pair of socks, one blanket, one
k and clasp, and one pair of buckles.
01. 10. That every non-commissioned officer, private, and musician. aftei shall receive, daily, the following rations of provisions, or the *alye theorf: One wand of beef, or three-quarters of a pound of pork, one Dan of bread or four, balf a gill of ruin, brandy, or whiskey, or the 12.0r thereof, at the contract price where the same shall become due, and a to rate of one quart of salt, two quarts of vinegar, two pounds of soap, axi te quand of candles, to every hundred rations.
8.11. Tbat if any commissioned ofhcer, pon-commissioned officer, pri*** (op manirian, afofrenid, shall be wounded or disabled, while in the line of the tury in public service, he shall be placed on the list of the invalids of the C'nited States, at such rate of pay and under such regulations as el be directed by the President of the United States, for the time being:
a lx', That the rate of compensation for such wounds or dis... 1. hall beier exceed, for the highest disability, half the monthly par prired by any commissioned officer, at the time of being so wounded . :- ; and that the rate of compensation to non-commissioned offices , ****re, and musicians, shall never exceed $5 per month: And prurided
... at all interior disabilities shall entitle the person so disabled to por uns eum in proportion to the highest disability.
1 That every commissioned officer, non-commissioned ofhcer, pris! and musician, at resaid, shall take and subscribe the following oath or * **)n, to wit: "1, A. B., do solemnly swear or affirm (as the case may
kur true allegiance to the l'nited States of America, and to serve thom b estly and faithfully, against all their enemies or oppsers whom.
1 and to obarve and obey the orders of the President of the l'nited 30 meria, and the orders of the otheers appointed over me, accordi E: 1.**.artules of war."
El 11. That the commissioned officers, non-commissioned officers, pri*** **- musiriane, aforesaid, shall be poserned by the rules and article of war, hnh lase lwen established by the I'nited States in Congress
! m. a* far as the same may be applicable to the constitution of the 1 of water, or by such rules and articles as may bereafter by law be
er 14 That the **art for regnizing, and adapting to the constitution de l a States, the establishment of the troops ruined under the re.
(telnited States in Congress gesembled, and for other purposes 8. mrtword," passed the th September, 17-9, be, and the same is hr
Pruridel, alurays, That the non-commissioned officers a. 1 **, *intingal and privage under the aforesaid art of the h
r. 17*), and who shall decline to reenli«t under the establishinent et r art, shall be discharged whenever the President of the initer hog y tart the same; Proruded further. That the whole number of t " nei terre, privates, and musicians, in the attices of the 1 ,:**at any one time, either by virtue of this act, or by virtue of *
. I t end the th Nepilember, 17), shall not report the $ - . ! than two hundreiartleen.
1. 11. Ir the purpose of aiding the tree twin miruje pr t.
se- 19.15 at, in inte ting the inab *f the frontirtas the 1 , the Priest is herb aut fizet to all it, aptik*, fr : E- *. *, suih parts the main of the states festively, as he may
kale: an l Articles of War
* bapter 2., ante
which shall also be taken by all members of regimental and garrison courts-martial.
“You shall well and truly try and determine, according to evidence, the matter now before you, between the United States of America, and the prisoner to be tried,' So help you God.”
“You, A. B., do swear, that you will duly administer justice, according to the rules and articles for the better government of the forces of the United States of America, without partiality, favor or affection; and if any doubt shall arise, which is not explained by said articles, according to your conscience, the best of your understanding, and the custom of war, in the like cases. And you do further swear, that you will not divulge the sen. tence of the court, until it shall be published by the commanding officer. Neither will you, upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you God.”
As soon as the said oaths shall have been administered to the respective members, the president of the court shall administer to the judge-advocate, or person officiating as such, an oath in the following words:
"You, A. B., do swear, that you will not upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof as a witness, by a court of justice, in a due course of law. So help you God."
ART. 7. All the members of a court-martial are to behave with decency and calmness; and in giving their votes, are to begin with the youngest in commission,
Art. 8. All persons who give evidence before a court-martial, are to be examined on oath, or affirmation, as the case may be, and no sentence of death shall be given against any offender by any general court-martial, unless two-thirds of the members of the court shall concur therein.
Art. 9. Whenever an oath or affirmation shall be administered by a courtmartial, the oath or affirmation shall be in the following form :
"You swear (or affirm, as the case may be) the evidence you shall give in the case now in hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God."
Art. 10. On the trials of cases not capital, before courts-martial, the depositions of witnesses, not in the line or staff of the army, may be taken before some justice of the peace, and read in evidence, provided the prosecutor and person accused are present at the taking the same.
Art. 11. No officer shall be tried but by a general court-martial, por by officers of an inferior rank if it can be avoided. Nor shall any proceedinge or trials be carried on, excepting between the hours of eight in the morning and three in the afternoon, except in cases which, in the opinion of the officer appointing the court require immediate example.
Art. 12. No person whatsoever shall use menacing words, signs, or ges. tures in the presence of a court-martial, or shall cause any disorder or riot to disturb their proceedings, on the penalty of being punished at the discretion of the said court-martial.
ART. 13. No commissioned officer shall be cashiered, or dismissed from the service, excepting by order of Congress, or by the sentence of a general court-martial; and no non-commissioned officer or soldier shall be discharged the service, but by the order of Congress, the secretary at war, the commander-in-chief, or commanding officer of a department, or by the sentence of a general court-martial.
dni. 14. Whenever any officer shall be charged with a crime, he shall be