be tried by mi

places, when joined, or acting in conjunction, with ticles but to the regular forces of the United States, be govern- litia officers. ed by these rules and articles of war, and shall be subject to be tried by courts martial, in like manner with the officers and soldiers in the regular forces; save, only, that such courts martial shall be composed entirely of militia officers.

rank next

cers of the

Art. 98. All officers, serving by commission from Militia offithe authority of any particular state, shall, on all cers to take detachments, courts martial, or other duty, wherein after all Offithey may be employed in conjunction with the regu- same grade lar forces of the United States, take rank, next after in the army, all officers of the like grade in said regular forces, notwithstanding the commissions of such militia or state officers may be elder than the commissions of the officers of the regular forces of the United States.

capital, and

and neglects,

Art. 99. All crimes, not capital, and all disor- Crimes, not ders and neglects which officers and soldiers may all disorders be guilty of, to the prejudice of good order and mi- though not litary discipline, though not mentioned in the fore-berein mengoing articles of war, are to be taken cognizance of taken cogniby a general or regimental court martial, according to the nature and degree of the offence, and be punished at their discretion.

tioned, to be

zance of.

prescribe the

Art. 100. The President of the United States President to shall have power to prescribe the uniform of the uniform. army.

to be read

months.

Art. 101. The foregoing articles are to be read These articles and published once in every six months, to every every six garrison, regiment, troop or company, mustered or to be mustered in the service of the United States, and are to be duly observed and obeyed by all officers and soldiers who are, or shall be in said service.

citizens, lurk

Sect. 2. And be it further enacted, That in time Persons not of war, all persons not citizens of, or owing allegi- ing as spies. ance to the United States of America, who shall be found lurking as spies, in or about the fortifications or encampments of the armies of the United States, or any of them, shall suffer death, according to the law and usage of nations, by sentence of a general court martial.

Repealing clause.

Sect. 3. And be it further enacted, That the rules and regulations, by which the armies of the United States have heretofore been governed, and the resolves of Congress thereunto annexed, and respecting the same, shall henceforth be void and of no effect, except so far as may relate to any transactions under them, prior to the promulgation of this act, at the several posts and garrisons respectively, occupied by any part of the army of the United States.

[Approved April 10, 1806.]

Punishment by stripes or lashes abol

Ished.

Extract of an act passed 16th May, 1812.

Sect. 7. And be it further enacted, That so much of the "Act for establishing rules and articles for the government of the armies of the United States," as authorises the infliction of corporeal punishment, by stripes or lashes, be, and the same is hereby repealed.

This regulation is confined to parades. On all other occasions, regiments will be drawn up in the way which shall be directed by the general, or other commanding officer.

Rank of Officers.

In all cases in which command shall not have been specially given, the eldest officer, whether of artillery, infantry, or riflemen, will command.

Where a controversy concerning rank shall arise, from the sameness of date in commissions, it shall be determined by reference to former commissions in the regular service.

Brevet rank gives no command, except on detachments: nor will persons having such rank only, be included in the roster of officers for any duty, other than that performed by detachments, and to which they shall be specially assigned.

Where officers of different regiments of infantry, or other corps, meet as members of the same court martial, brevet rank will be exercised, and the same rule will apply to officers on detachment (conformably to the 61st article of the rules and articles of war) which extends to temporary service only, and not to the regular command of departments, permanent posts, and garrisons: but brevet command may be exercised therein by the assignment of the commanding general, upon special and temporary occasions.

Commissions in the general staff confer no rank to officers of the line, when they cease to exercise staff duties, by virtue of such commissions.

There is no precedence between staff departments. The officers assigned to these, will take rank from the brevets they hold.

Officers of the regular army, of the same grade with those of the volunteers and militia, have precedence of these, whatever may be the dates of their respective commissions.

Principles governing the decision of Rank.

1st. Rank in actual service, when appointed.

2d. Former rank and service in the army, or marine corps, of the United States.

3d. Lottery among such as have not before been in the military service of the United States.

When controversies arise, on the interpretation and application of the rules and regulations for the government of the army, in relation to rank, the commanding officer of the division or department where such controversy may occur, is authorised and directed to institute a court of inquiry, or board of officers, whose duty it shall be to examine and report opinions on the cases respectively coming before them; which opinions will be transmitted to the adjutant and inspector general's office, for the approval of the War Department.

Rules with regard to promotion and transfer.

1. Original vacancies will be supplied by selection; accidental vacancies by seniority, excepting in extraordinary

cases.

2. Promotions to the rank of captain, will be made regimentally; to that of field appointments, by line; the light artillery, artillery, infantry, and riflemen, being kept always distinct.

3. No officer will be entitled to the pay, rations, or emoluments, annexed to any office, until he shall have notice of his appointment thereto from the War Department; or from a general officer, with respect to appointments in the gift of generals.

When an officer is officially advised of promotion, he may receive the difference of pay and emoluments from the date of his promotion.

The transfer of officers will only be made by the War Department, in general orders, on the mutual application of officers, and in no case will an officer of any regiment or corps be put into another, where the transfer would prejudice the rank of any officer in such regiment or corps; and whenever officers are so transferred, the order for their change of stations shall specify the fact, and shall not entitle them to transportation of baggage.

Rank between Army and Navy Officers.

Commodores of squadrons, being captains, Brigadier Generals. Captains,

Colonels. - Majors. Captains.

The rank and precedence of sea officers, as above stated, will take place according to the seniority of their respective commissions. Captains, not having an actual command as commodores, will rank only as colonels; and if commanding a vessel of inferior class than that to which they are by law entitled, will rank only as majors, unless the combined force under the command of any such captain shall equal that to which a captain in the navy is entitled, in which case he shall rank as a colonel.

This arrangement is not to give any pretence to land officers to command any part of the naval force of the United States, nor to sea officers to command any part of the army of the United States; nor shall either have a right to demand the compliments due to their respective rank. Commodores of the flotilla service will have the rank of colonels only.

Compliments to be paid by the Troops.

The highest military honors are payable to the President and Vice President of the United States, whether in uniform or not.

To the Secretary of War, to Major Generals commanding districts, or corps of the army, and to governors of states, when in uniform, the same honors will be paid, with this ex