missioned officer, of being cashiered; if a non-commissioned officer or soldier, of suffering corporeal punishment, at the discretion of a court martial.

manding

go forth to

deemed prin.

Art. 26. If any commissioned, or non-commis- Officers comsioned officer commanding a guard, shall knowingly guards, sufferor willingly suffer any person whatsoever to go forth ing persons to to fight a duel, he shall be punished as a challen- fight, and also ger; and all seconds, promoters and carriers of seconds, to be challenges, in order to duels, shall be deemed prin- cipals. cipals, and punished accordingly. And it shall Commanding be the duty of every officer, commanding an army, rest all perregiment, company, post or detachment, who is sons intending 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 offenders.

officer to ar

to fight a duel.

Art. 27. All officers, of what condition soever, All officers to

quarrels and

have power to part and quell all quarrels, frays and part and quell disorders, though the persons concerned should be-disorders. long to another regiment, troop or company; and either to order officers into arrest, or non-commissioned officers or soldiers into confinement, until their proper superior officers shall be acquainted therewith; and whosoever shall refuse to obey such officer, (though of an inferior rank,) or shall draw his sword upon him, shall be punished at the discretion of a general court martial.

dier upbraid.

fight, to be

Art. 28. Any officer or soldier, who shall upbraid officer or solanother for refusing a challenge, shall himself be ing another punished as a challenger, and all officers and sol- for refusing to diers are hereby discharged from any disgrace or punished as a opinion of disadvantage, which might arise from their challenger. 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.

at improper

Art. 29. No suttler shall be permitted to sell any Sutler keepkind of liquors or victuals, or to keep their houses in prope or shops open for the entertainment of soldiers, times. after nine at night, or before the beating of the reveilles, or upon Sundays, during divine service or

⚫ Sutlers to supply good arti

reasonable

prices.

sermon, on the penalty of being dismissed from all future suttling.

Art. 30. All officers commanding in the field, eles, and at 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.

Officers not to

make or suf

tlers, nor to be

the sale of any

Art. 31. No officer commanding in any of the fer, any exac- garrisons, forts or barracks of the United States, tions on sut shall exact exorbitant prices for houses or stalls let interested in out to suttlers, or connive at the like exactions in articles for the others; nor by his own authority, and for his priuse of the sol-vate 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.

diers.

Officers commanding shall

keep good or

abuses, grievances, and disorders.

Art. 32. Every officer, commanding in quarters, garrisons, or on the march, shall keep good order, er, redress all 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 kinds 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.

diers accused

of offences

Officers or sol- Art. 33. When any commissioned officer or solof crimes or dier shall be accused of a capital crime, or of hav against citi- ing used violence, or committed any offence against zens of the the persons or property of any citizen of any of to be deliver the United States, such as is punishable by the ed over upon known laws of the land, the commanding officer, civil magis. and officers of every regiment, troop, or company,

United States,

application to

trate.

to which the person or persons, so accused, shall belong, are hereby required, upon application duly made by, or in behalf of, the party or parties injured, to use their utmost endeavors to deliver over such accused person or persons, to the civil magistrate, 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 jus- a tice, in apprehending such person or persons, the officer or officers, so offending, shall be cashiered. Art. 34. If any officer shall think himself wrong- Complaints of ed by his colonel, or the commanding officer of the ing themselves regiment, and shall, upon due application being made wronged, to to him, be refused redress, he may complain to the into by comgeneral commanding in the state or territory where neral. 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.

officers think

be examined

manding ge

soldiers, think

examined into

courts mar

tial.

Art. 35. If any inferior officer or soldier, shall Complaints think himself wronged by his captain, or other offi- ing themselves cer, he is to complain thereof to the commanding wronged, to be officer of the regiment, who is hereby required to by regimental 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.

ment, waste,

Art. 36. Any commissioned officer, store-keep- Embezzleer, or commissary, who shall be convicted at a gen- or neglect of eral court martial, of having sold, without a proper public pro

perty.

Neglect or waste of ammunition.

Sale, loss, or damage of horse, arms, clothing, or

accoutrements.

Embezzle

ment or mis

nies.

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 expense, make good the loss or damage, and shall, moreover, forfeit all his pay, and be dismissed from the ser

vice.

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. 38. Every non-commissioned officer or soldier, who shall be convicted before a court martial. of having sold, lost or spoiled, through neglect, his horse, arms, clothes, or accoutrements, shall undergo such weekly stoppages (not exceeding the half of his pay) as such court martial shall judge sufficient, for repairing the loss or damage; and shall suffer confinement, or such other corporeal punishment as his crime shall deserve.

Art. 39. Every officer who shall be convicted application of before a court martial, of having embezzled, or public momisapplied, any money with which he may have been entrusted, for the payment of the men under his command, or for enlisting men into the service, or for other purposes, if a commissioned officer, shall be cashiered, and compelled to refund the money; if a non-commissioned officer, shall be reduced to the ranks, be put under stoppages until the money be made good, and suffer such corporeal punishment as such court martial shall direct.

Captains of companies ac

of their com⚫

panies.

Art. 40. Every captain of a troop, or company, countable for is charged with the arms, accoutrements, ammunithe arms, &c. tion, 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.

-sioned officers

Art. 41. All non-commissioned officers and sol- Non-commis diers who shall be found one mile from the camp, and soldiers without leave in writing, from their commanding found 1 mile officer, shall suffer such punishment as shall be in- without writflicted upon them by the sentence of a court mar- ten permis

tial.

from camp,

sion.

Art. 42. No officer or soldier shall lie out of his No officer or soldier to lie quarters, garrison, or camp, without leave from his out of his superior officer, upon penalty of being punished quarters withaccording to the nature of his offence, by the sentence of a court martial.

out leave.

sioned officers

treat beating.

Officers or sol

diers neglecting to appear

exercise, or

Art. 43. Every non-commissioned officer and Non-commissoldier shall retire to his quarters or tent, at the and soldiers beating of the retreat; in default of which he shall to retire at rebe 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 rendez- on parade or vous, appointed by his commanding officer, if not quitting the prevented by sickness, or some other evident same without cessity; or shall go from the said place of rendezvous, without leave from his commanding 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 court martial.

ne leave.

on duty.

Arte 45. Any commissioned officer who shall be Drunkenness 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 sleep- sleeping on ing upon his post, or shall leave it before he shall be post regularly relieved, shall suffer death, or such other punishment as shall be inflicted by the sentence of a court martial.

*

another to do

Art. 47. No soldier belonging to any regiment, Soldier hiring troop or company, shall hire another to do his duty his duty. for him, or be excused from duty, but in cases of sickness, disability, or leave of absence; and every such soldier found guilty of hiring his duty, as also