field officer of the regiment is present; || and no discharge shall be given to a noncommissioned 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 courtmartial, nor shall a commissioned officer be discharged the service, but by order of the president of the United States, or by sentence of a general court-martial. having taken money or other thing, by way of gratification, on the mustering any regiment, troop or company, or on the signing muster-rolls, shall be displaced from his office, and shall be thereby utterly disabled to have or hold any office or employment in the service of the United States. Art. 17. Any officer who shall presume to muster a person as a soldier, who is not a soldier, shall be deemed guilty of having made a false muster, and shall suffer accordingly. Art. 12. Every colonel, or other officer commanding a regiment, troop, cr company, and actually quartered with it, Art. 18. Every officer who shall knowmay give furloughs to non-commissioned ingly make a false return to the departofficers or soldiers, in such numbers, and ment of war, or to any of his superior offor so long a time as he shall judge to be ficers, authorized to call for such returns, inost consistent with the good of the ser- of the state of the regiment, troop, or vice; and a captain or other inferior offi- || company, or garrison, under his com. cer commanding a troop or company, or mand; or of the arms, ammunition, in any garrison, fort or barrack of the clothing, or other stores thereunto beUnited States, (his field officer being ab- || longing, shall on conviction thereof before sent), may give furloughs to non-commis- a court-martial, be cashiered. sioned 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 name 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 musters-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. Art. 16. Any commissary of musters or other officer, who shall be convicted of Art. 19. The commanding officer of every regiment, troop, or independent company, or garrison of the United States, shall in the beginning of every month, remit through the proper channels, to the department of war, an exact return of the regiment, troop, independent company, or garrison, under his command, specifying the names of officers then absent from their posts, and the reasons for, and the time of their absence. And any officer who shall be convicted of having, through neglect or design, omitted sending such returns, shall be punished according to the nature of his crime, by the judgment of a general court-martial. Art. 20. All officers and soldiers, who have received pay, or have been duly inlisted in the service of the United States. and shall be convicted of having deserted the same, shall suffer death, or such other punishment as by sentence of a courtmartial shall be inflicted. Art. 21. Any non-commissioned officer or soldier, who shall, without leave from his commanding officer, absent himself from his troop, company, or detachment, shall, upon being convicted thereof, be punished according to the nature of his oilence at the discretion of a courtmartial. Art. 22. No non-commissioned offi cer or soldier shall inlist himself in any other regiment, troop, or company, with out a regular discharge from the regiment, troop, or company, in which he last served, on the penalty of being reputed a deserter, and suffering accordingly. And in case any officer shall knowingly receive and entertain such non-commissioned officer or soldier, or shall not, after his being discovered to be a deserter, immediately confine him, and give notice thereof to the corps in which he last servcd, the said officer shall by a court-martial be cashiered. Art. 23. Any officer or soldier, who shall be convicted of having advised or persuaded any other officer or soldier, to desert the service of the United States, shall suffer death, or such other punishment as shall be inflicted upon him by the sentence of a court martial. Art. 24. No officer or soldier shall use any reproachful or provoking speeches or gestures to another, upon pain, if an officer, of being put in arrest; if a soldier, confined, and of asking pardon of the party offended, in the presence of his commanding officer. Art. 25. No officer or soldier shall send a challenge to another officer or soldier, to fight a duel, or accept a challenge, if sent; upon pain, if a commissioned of ficer of being cashiered; if a non-commissioned officer or soldier, of suffering corporeal punishment at the discretion of a court-martial. Art. 26. If any commissioned or noncommissioned officer commanding a guard, shall knowingly or willingly suffer any person whatsoever to go forth to fight a duel, he shall be punished as a challenger; and all seconds, promoters, and carriers of challenges, in order to duels, shall be deemed principals, and be punished accordingly. And it shall be the duty of every officer, commanding an army, regimert, company, post, or detachment, who is knowing to a challenge being given, or accepted, by any officer, non commissioned officer, or soldier, under his command, or has reason to believe the same to be the case, immediately to arrest and bring to trial such offender. the field, forts, barracks, or garrisons of the United States, are hereby required to see that the persons permitted to suttle, shall supply the soldiers with good and wholesome provisions, or other articles, at a reasonable price, as they shall be answerable for their neglect. Art. 31. No officer commanding in any of the garrisons, forts, or barracks of the United States, shall exact exorbitant prices for houses or stalls let out to suttlers, or connive at the like exactions in others; nor by his own authority, and for his private advantage, lay any duty or imposition upon, or be interested in, the sale of any victuals, liquors, or other necessaries of life, brought into the garrison, fort, or barracks, for the use of the soldiers, on the penalty of being discharged from the service. Art. 32. Every officer commanding in quarters, garrisons, or on the march, shall keep good order, and to the utmost of his power, redress all abuses or disorders, which may be committed by any officer or soldier under his command; if upon complaint made to him of officers or soldiers beating, or otherwise ill treating any person, of disturbing fairs, or markets, or of committing any kind of riots, to the disquieting of the citizens of the United States, he, the said commander, who shall refuse or omit to see justice done to the offender or offenders, and reparation made to the party or parties injured, as far as part of the offender's pay shall enable him or them, shall, upon proof thereof, be cashiered or otherwise punished as a general court-martial shall direct. Art. 27. All officers, of what condition soever, have power to part and quell all quarrels, frays, and disorders, though the Art. 33. When any commissioned ofpersons concerned should belong to ano- ficer or soldier, shall be accused of a capi ther regiment, troop, or company; and tal crime, or of having used violence, or either to order officers into arrest, or non- committed any offence against the persons 'commissioned officers or soldiers into con- or property of any citizen of any of the finement, until their proper superior offi- United States, such as is punishable by cers shall be acquainted therewith; and the known laws of the land, the comwhosoever shall refuse to obey such offi-manding officer, and officers of every recer, (though of an inferior rank) or shall giment, troop, or company, to which the draw his sword upon him, shall be pun-person, or persons, so accused, shall beished at the discretion of a general courtmartial long, are hereby required, upon application duly made by, or in behalf of the party or parties injured, to use their ut most endeavors to deliver over such accus Art. 28. Any officer or soldier, who shall upbraid another for refusing a challenge, shall himself be punished as a chal-ed person, or persons, to the civil magislenger, and all officers and soldiers are hereby discharged from any disgrace or opinion of disadvantage, which might arise from their having refused to accept of challenges, as they will only have acted in obedience to the laws, and done their duty as good soldiers, who subject themselves to discipline. Art. 29. No suttler shall be permitted to sell any kind of liquors or victuals, or to keep their houses or shops open for the entertainment of soldiers, after nine at night, or before the beating of the reveilies, or upon Sundays, during divine service or sermon, on the penalty of being dismissed from all future suting. Art. 3. All officers commanding in trate, and likewise to be aiding and assisting to the officers of justice in apprehending and securing the person or persons so accused in order to bring him or them to trial. If any commanding officer, or officers, shall wilfully neglect, or shall refuse, upon the application aforesaid, to deliver over such accused person, or persons, to the civil magistrates, or to be aiding and assisting to the officers of justice in apprehending such person, or persons, the officer, or officers, so offending, shall be cashiered. Art. 34. If any officer shall think himself wronged by his colonel, or the commanding officer of the regiment, and shall, upon due application being made to him, be refused redress, he may complain to the general, commanding in the state or territory where such regiment shall be stationed, in order to obtain justice; who is hereby required to examine into the said complaint, and take proper measures for redressing the wrong complained of, and transmit as soon as possible, to the department of war, a true state of such complaint, with the proceedings had thereon. Art. 35. If any inferior officer or soldier, shall think himself wronged by his captain, or other officer, he is to complain thereof to the commanding officer of the regiment, who is hereby required to summon a regimental court-martial, for the doing justice to the complainant; from which regimental court martial, either party may, if he thinks himself still aggrieved, appeal to a general court-martial. But if, upon a second hearing, the appeal shall appear vexatious and groundless, the person so appealing, shall be punished at the discretion of the said court-martial. Art. 36. Any commissioned officer, store keeper, or commissary, who shall be convicted at a general court-martial, of having sold, without a proper order for that purpose, embezzled, misapplied, or wilfully, or through neglect, suffered any of the provisions, forage, arms, clothing, ammunition, or other military stores, belonging to the United States, to be spoiled, or damaged, shall, at his own expence, make good the loss, or damage, and shall moreover, forfeit all his pay, and be dismissed from the service. Art. 37. Any non-commissioned officer, or soldier, who shall be convicted, at a regimental court-martial, of having sold, or designedly, or through neglect, wasted the ammunition delivered out to him, to be employed in the service of the United States, shall be punished at the discretion of such court. Art. 40. Every captain of a troop, or company, is charged with the arms, accoutrements, ammunition, clothing, or other warlike stores belonging to the troop, or company under his command, which he is to be accountable for to his colonel, in case of their being lost, spoiled, or damaged, not by unavoidable accidents, or on actual service. Art. 41. All non-commissioned officers and soldiers, who shall be found one mile from the camp,"without leave, in writing, from their commanding officer, shall suffer such punishment as shall be inflicted upon them by the sentence of a court-martial. Art. 42. No officer, or soldier, shall be out of his quarters, garrison, or camp, without leave from his superior officer, upon penalty of being punished according to the nature of his offence, by the sentence of a court-martial. Art. 43. Every non-commissioned officer and soldier shall retire to his quarters or tent, at the beating of the retreat; in default of which he shall be punished according to the nature of his offence. Art. 44. No officer, non-commissioned officer, or soldier, shall fail in repairing, at the time fixed, to the place of parade, of exercise, or other rendezvous, appointed by his commanding officer, if not prevented by sickness, or some other evident necessity; or shall go from the said place of rendezvous, without leave from his com manding officer, before he shall be regularly dismissed or relieved, on the penalty of being punished according to the nature of his offence, by the sentence of a courtmartial. Art. 45. Any commissioned officer who shall be found drunk on his guard, party, or other duty, shall be cashiered. Any non-commissioned officer or soldier so offending, shall suffer such corporeal punishment as shall be inflicted by the sentence of a court-martial Art. 46. Any centinel who shall be found sleeping upon his post, or shall leave it before he shall be regularly relieved, shall suffer death, or such other punishment as shall be inflicted by the sentence of a court-martial. Art. 38. Every non-commissioned officer or soldier, who shall be convicted before a court-martial, of having sold, lost, ar spoiled, through neglect, his horse, arms, clothes, or accoutrements, shall undergo such weekly stoppages (not exceed ing the half of his pay) as such court Art. 47. No soldier belonging to any martial shall judge sufficient, for repairing regiment, troop, or company, shall hire the loss or damage; and shall suffer con- another to do his duty for him, or be exfinement or such other corporeal punish-cused from duty, but in cases of sickness, ment as his crime shall deserve. disability, or leave of absence; and every Art. 39. Every officer, who shall be such soldier found guilty of hiring his convicted before a court-martial, of hav-duty, as also the party so hired to do anoing embezzled, or misapplied any money, ther's duty, shall be punished at the diswith which he may have been entrusted cretion of a regimental court-martial, for the payment of the men under his command, or for inlisting men into the ser vice, or for other purposes, if a commissioned officer, shall be cashiered, and compelled to refund the money; if a noncommissioned officer, shall be reduced to the ranks, be put under stoppages until the money be made good, and suffer such corporcal punishment as such court-marti shall direct. Art. 48. And every non-commissioned officer conniving at such hiring of duty aforesaid, shall be reduced; and every commissioned officer, knowing and allowing such ill practices in the service, shall be punished by the judgment of a general court-martial." Art. 49. Any officer belonging to the service of the United States, who, by discharging of fire arms, drawing of swords, beating of drums, or by any other means whatsoever, shall occasion false alarms in camp, garrison, or quarters, shall suffer death, or such other punishment as shall be ordered by the sentence of a genaral Court-martial. Art. 50. Any officer or soldier, who shall, without urgent necessity, or without the leave of his superior officer, quit his guard, platoon, or division, shall be punished according to the nature of his offence, by the sentence of a court-martial. Art. 51. of holding correspondence with, or giving intelligence to the enemy, either directly or indirectly, shall suffer death, or such other punishment as shall be ordered by the sentence of a court-martial. Art. 58. All public stores taken in the enemy's camp, towns, forts, or magazines, whether of artillery, ammunition, clothing, forage, or provisions, shall be secured for the service of the United States; for the neglect of which the commanding officer is to be answerable. or Art. 59. If any commander of any No officer or soldier shall do garrison, fortress, or post, shall be comviolence to any persons who brings pro- pelled, by the officers and soldiers under visions or other necessaries to the camp, his command, to give up to the enemy, garrison, or quarters, of the forces of the or to abandon it: the commissioned ofUnited States, employed in any parts out ficers, non-commissioned officers, of the said states, upon pain of death, or soldiers, who shall be convicted of hav .such other punishment as a court-martialing so offended, shall suffer death, or such shall direct. other punishment as shall be inflicted upon them by the sentence of a courtmartial. Art. 52. Any officer or soldier, who shall misbehave himself before the enemy, run away, or shamefully abandon any Art. 60. All suttlers and retainers to fort, post, or guard, which he or they may the camp, and all persons whatsoever, be commanded to defend, or speak words serving with the armies of the United inducing others to do the like; or shall States, in the field, though not inlisted cast away his arms and ammunition, or soldiers, are to be subject to orders, acwho shall quit his post or colors to plun-cording to the rules and discipline of der and pillage, every such offender be. ing duly convicted thereof, shail suffer| death or such other punishment as shall be ordered by the sentence of a general court-martial. war. Art. 61. Officers having brevetts, or commissions, of a prior date to those of the regiment in which they serve, may take place in courts-martial and on detach Art. 53. Any person belonging to the ments, when composed of different corps, armies of the United States, who shall according to the ranks given them in their make known the watch-word to any per- brevetts, or dates of their forme: commisson who is not entitled to receive it, ac- sions; but in the regiment, troop, oi cording to the rules and discipline of war, company, to which such officers belong. or shall presume to give a parole or watch-they shall do duty and take rank, botli word, different from what he received, in courts-martial and on detachments, shall suffer death, or such other punish-which shall be composed only of their ment as shall be crdered by the sentence of a general court-martial." own corps, according to the commissions by which they are mustered in the said corps. Art. 62. If upon marches, guards, or in quarters, different corps of the army shall happen to join, or do duty together, the officer highest in rank of the line of the army, marine corps, or militia, by commission there, on duty, or in quarters, shall command the whole, and give orders for what is needful to the service, unless otherwise specially directed by the presi dent of the United States, according to the nature of the case. Art. 54. All officers and soldiers are to behave themselves orderly in quarters, and on their march; and whosoever shall commit any waste, or spoil, either in walks of trees, parks, warrens, fish ponds, houses, or gardens, corn-fields, enclosures of meadows, or shall maliciously destroy any property whatsoever, belonging to the inhabitants of the United States, unless by order of the then commander in chief of the armies of the said states, shall (besides such penalties as they are liable to by law,) be punished according to the Art. 63. The functions of the enginature and degree of the offence, by the neers being generally confined to the most judgment of a regimental or general court-elevated branch of military science, they martial. Art. 55. Whosoever, belonging to the armies of the United States, employed in foreign parts, shall force a safe guard, shall suffer death. Art. 56. Whosoever shall relieve the enemy with money, victuals, or ammunition, or shall knowingly harbor or protect an enemy, shall suffer death or such other punishment as shall be ordered by the sentence of a court-martial. Art. 57. Whosoever shall be convicted!! are not to assume, nor are they subject to be ordered on any duty beyond the line of their immediate profession, except by the special order of the president of the United States; but they are to receive every mark of respect, to which their rank in the army may entitle them, respectively, and are liable to be transferred, at the discretion of the president, from one corps to another, regard being paid to rank. Art. 64. General courts-martial may consist of any number of commissioned. LAW officers, from five to thirteen, inclusively, but they shall not consist of less than thirteen, where that number can be convened, without manifest injury to the service. which might tend to criminate himself; Art. 65. Any general officer command"You A. B. do swear that you will ing an army, or colonel commanding a separate department, may appoint general well and truly try and determine, accordcourts-martial, whenever necessary. But ing to evidence, the matter now before no sentence of a court-martial shall be you, between the United States of Amecarried into execution until after the whole rica, and the prisoner to be tried, and that proceedings shall have been laid before the you will duly administer justice, accordofficer ordering the same, or the officering to the provisions of An act estabcommanding the troops for the time be-lishing rules and articles for the governing; neither shall any sentence of a general court-martial, in time of peace, extending to the loss of life, or the dismis. sion of a commissioned officer, or which shall, either in time of peace or war, respect a general officer, be carried into execution, until after the whole proceedings shall have been transmitted to the secretary of war, to be laid before the president of the United States, for his confirmation or disapproval, and orders in the case. All other sentences may be confirmed and executed by the officer ordering the court to assemble, or the commanding officer for the time being, as the case may be. Art. 66. Every officer commanding a regiment, or corps, may appoint, for his own regiment or corps, courts-martial, to consist of three commissioned officers, for the trial and punishment of offences, not capital, and decide upon their sentences. For the same purpose all officers, commanding any of the garrisons, forts, barracks, or other places where the troops consist of different corps, may assemble courts-martial, to consist of three commissioned officers, and decide upon their sentences. Art. 67. No garrison, or regimental court-martial shall have the power to try capital cases, or commissioned officers; neither shall they inflict a fine exceeding one month's pay, nor imprison, nor put to hard labor, any non-commissioned officer or soldier, for a longer time than one month. Art. 68. Whenever it may be found convenient and necessary to the public service, the officers of the marines shall be associated with the officers of the land forces, for the purpose of holding courtsmartial and trying offenders belonging to either; and in such cases the orders of the senior officers of either corps who may be present and duly authorised, shall be received and obeyed. Art. 69. The judge advocate, or some person deputed by him, or by the general, or officer commanding the army, detachment, or garrison, shall prosecute in the name of the United States, but shall so far consider himself as council for the prisoner, after the said prisoner shall have made his plea, as to object to any leading question to any of the witnesses, or any question to the prisoner, the answer to ment of the armies of the United States,' without partiality, favor, or affection; and if any doubt shall arise, not explained by said articles, according to your conscience, the best of your understanding, and the custom of war, in like cases; and you do further swear, that you will not divulge the sentence of the court until it shall be published by the proper authority; neither will you 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." And as soon as the said oath 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 follow. ing words: You A. B. do swear, that you will not 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 due course of law. Nor divulge the sentence of the court to any but the proper authority, until it shall be duly So help you God," disclosed by the same. Art. 70. When any prisoner arraigned before a general court-martial shall, from obstinacy and deliberate design, stand mute or answer foreign to the purpose, the court may proceed to trial and judgment as if the prisoner had regularly pleaded not guilty. Art. 71. When a member shall be challenged by a prisoner, he must state his cause of challenge, of which the court shall, after due deliberation determine the relevancy or validity, and decide accord. ingly; and no challenge to more than one member at a time shall be received by the court. Art. 72. All the members of a courtmartial are to behave with decency and calmness; and in giving their votes, are to begin with the youngest in commis. sion. Art. 73. All persons who give evidence before a court martial, are to be examined on oath or affirmation in the following form: "You swear or affirm (as the case may be) the evidence you shall give in the cause now in hearing, shall be the truth, T t |