i Ur»333a.a \ 9 >^\ Return this book on or before the Latest Date stamped below. I I RULES AND ARTICLES FOR THE GOVERNMENT OF THE ARMIES OF THE UNITED STATES. WAR DEPARTMENT, Adjutant General’s Office, Washington j May 3, 1861. WASHINGTON : GOVERNMENT PRINTING OFFICE. 1861. 9/i4 r AIcCr: 3S'S. ItTiB - / r.d ARTICLES OF WAR. AN ACT FOR ESTABLISHING RULES AND ARTICLES FOR THE GOV- ERNMENT OF THE ARMIES OF THE UNITED STATES. Section 1. Be it enacted hy the Senate end House of Repre- sentatives of the United States of America in Congress assenibled, That, from and after the passing of this act, the following shall be the rules and articles hy which the armies of the United States shall he governed : Article 1. Every officer now in the army of the United States shall, in six months from the passing of this act, and every officer who shall hereafter be appointed shall, before he enters on the duties of his office, subscribe these rules and regulations. Rules and arti- cles by which the arniieg of the United States are to be governed, after the pass- ing of this act. Every officer to subscribe these rules and regula- tions. Art. 2. It is earnestly recommended to all officers and Officers and soldiers dili- soldiers diligently to attend divine service ; and all officers gently to at- who shall behave indecently or irreverently at any place service, an& of divine worship shall, if commissioned officers, be brought cemiy^and^re- before a general court-martial, there to be publicly and yerently, un- severely reprimanded by the president ; if non-commissioned reprimand, officers or soldiers, every person so offending shall, for his ’ first offence, forfeit one-sixth of a dollar, to be deducted out of his next pay ; for the second offence, he shall not only forfeit a like sum, but be confined twenty-four hours ; and for every like offence, shall suffer and pay in like manner ; which money, so forfeited, shall be applied, by the captain or senior officer of the troop or company, to the use of the sick soldiers of the company or troop to which the offender belongs. * These rules and articles, with the exceptions indicated by the notes annexed to articles 20, 65, and 87, remain unaltered, and in force at present. 4 ARTICLES OF WAR. non-commissioned officer or soldier who using profane shall use any profane oath or execration shall incur the pen- oaths or exe- t,. , crationsj &c. alties expressed m the foregoing article ; and a commis- sioned officer shall forfeit and pay, for each and every such offence, one dollar, to he applied as in the preceding article. Chaplains ab- Art. 4. Every chaplain commissioned in the army or senting them- . . ■ selves, except, armies of the United States, who shall absent himself from fine’ or dis- duties assigned him, (excepting in cases of sickness or charge, &c. leave of absence,) shall, on conviction thereof before a court-martial, be lined not exceeding one month’s pay, be- sides the loss of his pay during his absence ; or be dis- charged, as the said court-martial shall judge proper. c^temptuous officer or soldier who shall use contemptuous the*^*Presfden? disrespectful words against the President of the United Vice-Presi- States, against the Vice-President thereof, against the Con- dent, Con- gress, &c., to gress of the United States, or against the Chief Magistrate &^c.;^and* n^on- Legislature of any of the United States in which he may c^rnissioned quartered, if a commissioned officer, shall be cashiered, officers and 'a > i ? soldiers to suf- or otherwise punished, as a court-martial shall direct; if a fer punish- ment by sen- non-commissioned officer or soldier, he shall suffer such court-rnLuai. punishment as shall be inflicted on him by the sentence of a court-martial. Officers orsor diers behaving with disre- spect towards commanding officers to be punished by the judgment of a court-mar tial. Death, &c., tor beginning or exciting muti- ny, &c. Art. 6. Any officer or soldier who shall behave himself with contempt or disrespect towards his commanding officer shall be punished, according to the nature of his offence, by the judgment of a court-martial. Art. 7. Any officer or soldier who shall begin, excite, cause, or join in, any mutiny, or sedition, in any troop or company in the service of the United States, or in any party, post, detachment, or guard, shall suffer death, or such other punishment as by a court-martial shall be inflicted. Officers or sol- 8 . Any officer, non-commissioned officer, or soldier, diers present at a mutiny, who, being present at any mutiny or sedition, does not use and not en- , . . , , , . x deavoring to kis utmost endeavor to suppress the same, or coming to ARTICLES OF WAR. 5 the knowledge of any intended mutiny, does not, without suppress it, delay, give information thereof to his commanding officer, ished with shall he punished by the sentence of a court-martial with wiset’&c!^^^*^ death, or otherwise, according to the nature of his offence. Art. 9. Any officer or soldier who shall strike his supe- Officers or sol diers striking a rior officer, or draw or lift up any weapon, or offer any superior, &c , . , • j. 1 • 1 • • X- r 1 • to suffer death Violence against him, being in the execution ot his omce, or other pun- on any pretence whatsoever, or shall disobey any lawful ‘^timent, &c. command of his superior officer, shall suffer death, or such other punishment as shall, according to the nature of his offence, be inflicted upon him by the sentence of a court- martial. Art. 10. Every non-commissioned officer or soldier, who Non-conmiis- sioned officers shall enlist himself in the service of the United States, and soldiers to shall, at the time of his so enlisting, or within six days ^fbr ''the afterwards, have the Articles for the government of the armies of the United States read to him, and shall, by the I'ead to them, and take an officer who enlisted him, or by the commanding officer of oath, &c. the troop or company into which he was enlisted, be taken before the next justice of the peace, or chief magistrate of any city or town corporate, not being an officer of the army, or where recourse cannot be had to the civil magistrate, before the judge advocate, and in his presence, shall take the following oath or affirmation: “I, A. B., do solemnly Form of oath. swear or affirm, (as the case may be,) that I will bear true allegiance to the United States of America, and that I will serve them honestly and faithfully against all their enemies or opposers whatsoever ; and observe and obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the Rules and Articles for the government of the araiies of the United States.” Which justice, magistrate, or judge advocate is to give the officer a certificate, signifying that the man j^g^^oath^was enlisted did take the said oath or affirmation. taken. G ARTICLES OF WAR. Non-commis- sioned officers and soldiers not to be dis- missed the ser- vice without a discharge in writing. No discharge sufficient un- less sijned by a field officer, &c. No discharge, &c., before the term of service has expired, but by order of the President, &c. Commissioned Art. 11 . After a non-commissioned officer, or soldier, shall have been duly enlisted and sworn, he shall not he dismissed the service without a discharge in writing ; and no discharge granted to him shall he sufficient, which is not signed by a field officer of the regiment to which he belongs, or commanding officer, where no field officer of the regiment is present ; and no discharge shall he given to a non-commissioned officer or soldier, before his term of service has expired, hut hy order of the President, the Secretary of War, the commanding officer of a department, or the sentence of a general couit-martial ; nor shall a commissioned officer he discharged the service, hut hy order If of the President of the United States, or hy sentence of a be discharged, ’ general court-martial. Colonels, &c.. Art. 12 . Every colonel, or other officer commanding a quartered with their regi- regiment, troop, or company, and actually quartered with may^ giv^ ?ur- furloughs to non-commissioned officers ‘or loughs to non- such numbers, and for so long a time, as he commissioned ’ & ? officers or so)- shall judge to he most consistent with the good of the diers, &c. ^ ^ Captains, &c , service ; and a captain, or other inferior officer, command- commanding, . , . • r 1 &c., may give ^ troop or company, or in any garrison, fort, or barrack non-com rnis- United States, (his field officer being absent,) may sioned officers mye furloughs to non-commissioned officers or soldiers for or soldiers for twenty days in a time not exceeding twenty days in six months, hut not n ”t,”&c!*^’ to more than two persons to he absent at the same time, excepting some extraordinary occasion should require it. At every mus- 13 every muster, the commanding officer of ter the com- ° manding offi- each regiment, troop, or company, there present, shall give CBr &c« to give to ’ the to the commissary of musters, or other officer who musters mu^ters^Sti- regiment, troop, or company, certificates signed signifying how himself, signifying how long such officers, as shall not long officers appear at the said muster, have been absent, and the reason not appearing . t have been ab- of their absence. In like manner, the commanding officer , reL^on^ont!*^^ of every troop or company shall give certificates, signifying offi^erl^ of the reasons of the absence of the non-commissioned officers ARTICLES OP WAR. 7 and private soldiers ; which reasons, and time of absence, iroops or com- panies to give shall be inserted in the muster-rolls, opposite the names certificates of of the respective absent officers and soldiers. The certifi- pnvatesj*&^c?^ cates shall, together with the muster-rolls, be remitted by ^*Jes^ &c^~to the commissarv of musters, or other officer mustering, to the be remitted to " the Depart- Department of War, as speedily as the distance of the place ment of War, will admit. Art. 14. Every officer who shall be convicted before a ^ victed of hav- general court-martial of having signed a false certificate, ing^igned false cGrtificEitGs relating to the absence of either officer or private soldier, &c., to ’be or relative to his or their pay, shall be cashiered. 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 sign- ing of muster-rolls wherein such false muster is contained, shall, upon proof made thereof by two witnesses before a general court-martial, he 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 he convicted of having taken money or other thing, by way of gratification, on mustering any regiment, troop, or company, or on signing muster-rolls, shall be displaced from his office, and shall he thereby utterly disabled to have or hold any office or employment in the service of the United States. Officers making false musters, or signing false muster-rolls, &c , to be cashiered, and disabled to holdanyoffice, &c. Commissaries of musters, &c., convicted of taking mo- ney or other gratification on mustering or signing muster-rolls, to be dis- placed, &c. Art. 17. Any officer who shall presume to muster a per- son as a soldier, who is not a soldier, shall he deemed guilty assoidierswho are not such of having made a false muster, and shall suifer accordingly, deemed guilty of false mus- Art. 18. Every officer who shall knowingly make a false offic^S mak- return to the Department of War, or to any of his superior War officers, authorized to call for such returns, of the state of Depannent, ’ . j to be the regiment, troop, or company, or garrison, under his cashiered. 8 ARTICLES OF WAR. Commanding officers of re- giments, &c., to remit in the beginning of every month to the Depart- ment of War an exact re- turn of the re- giment, &c., specifying the names of offi- cers absent, &c. Officers neg- lecting to send returns to be punished, &c. command, or of the arms, ammunition, clothing, or other stores thereunto belonging, shall, on conviction thereof before a court-martial, he cashiered. 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 the officers thep absent from their posts, with the reasons for and the time of their absence. And any officer who shall he convicted of having, through neglect or design, omitted sending such returns, shall he punished, according to the nature of his crime, by the judgment of a general court- martial. Officers and Art. 20. All officers and soldiers who have received sodiers con- victed of de- pay, or have been duly enlisted in the service of the United sufffer d’^th’or S^^^es, and shall be convicted of having deserted the same, ment shall suffer death, or such other punishment as, by sentence of a court-martial, shall be inflicted. Non-com mis Art. 21. Any non-commissioned officer or soldier who sioned officers i n i n , . t ^ i * or soldiers ab- shall, without leave from his commanding officer, absent selves witlfo^t from his troop, company, or detachment, shall, punished? &c^ upon being convicted thereof, be punished according to the ’ nature of his offence, at the discretion of a court-martial. Non-commii- sioned officers or soldiers not to enlist in any other regim’t, Ac., without regular dis- charge, &c. Officers know- ingly receiving deserters, &c., or not giving Art. 22. No non-commissioned officer or soldier shall enlist himself in any other regiment, troop, or company, without 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 Modified by act of May 29, 1830. ARTICLES OF WAR. 9 discovered to be a deserter, immediately confine him, and notice, &c., to ^ be C3.sbiered> give notice thereof to the corps in which he last served, the said officer shall, by a court-martial, be cashiered. Aut. 23. Any officer or soldier who shall be convicted of Officers or sol- having advised or persuaded any other officer or soldier to ing*^'’ofher^'^?o desert the service of the United States, shall suffer death, deati? or either or such other punishment as shall bv by the sentence of a court-martial. inflicted upon him ^jnshment Aut. 24. No officer or soldier shall use any reproachful Officers or sol- or provoking speeches or gestures to another, upon pain, if reproachfuTor an officer, of being put in arrest ; if a soldier, confined, and gjeechesf&c., of asking pardon of the party offended, in the presence of oi^corT his commanding officer. fined, &c. Art. 25. No officer or soldier shall send a challenge to Officers and another officer or soldier to fight a duel, or accept a chal- er to send or lenge if sent, upon pain, if a commissioned officer, of being on cashiered ; if a non-commissioned officer or soldier, of suf- being cashiered, or fering corporeal punishment, at the discretion of a court- of suffering - corporeal pun- martial. ishment, &c. Art. 26. If any commissioned or non-commissioned 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, regiment, company, post, or detachment, who is knowing to a chal- lenge being given or accepted by any officer, non-commis- sioned 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 . Art. 27. All officers, of what condition soever, have power to part and quell all quarrels, frays, and disorders, 2 Officers com- manding guards, know- ingly suffering persons to go forth to fight duels, to be punished as challengers ; and seconds, &c., to be deemed prin- cipals, &c. Every officer commanding an army, regi- ment, &c., knowing to a challenge be- ing given, &c., to arrest, &c. All officers have power to 10 ARTICLES OP WAR. frays though the persons concerned should belong 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 he Whoever re- acquainted therewith ; and whosoever shall refuse to obey fuses to obey, &c., to be such officer, (though of an inferior rank,) or shall draw his punished, &c. ^pon him, shall be punished at the discretion of a general court-martial. Officers or sol- Art. 28. Any officer or soldier who shall upbraid another 'a^IoTher tor refusing a challenge shall himself be punished as a ch^ahenge^^to challenger ; and all officers and soldiers are hereby dis- be punished as charged from any disgrace or opinion of disadvantage which challengers, &c. might arise from their having refused to accept of chal- lenges, as they will only have acted in obedience to the laws, and done their duty as good soldiers who subject themselves to discipline. Sutlers not Art. 29. No sutler shall be permitted to sell any kind of permitteduo^to victuals, or to keep their houses or shops open at^ iiighY^nor entertainment of soldiers after nine at night, or before beating before the beating of the reveille, or upon Sundays, during of reveille, nor -.i . t • j on Sundays divine service or sermon, on the penalty of being dismissed service.^^'^”'^ trom all future sutling. Commanding Art. 30. All officers commanding in the field, forts, bar- ti^r*^ s'^utie^rs I'acks, or garrisons of the United States, are hereby required supply the to see that the persons permitted to suttle shall supply the soldiers with tr wholesome soldiers with good and wholesome provisions, or other g-ovisions, articles, at a reasonable price, as they shall be answerable for their neglect. Officers com- Art. 31! No officer commanding in any of the garrisons, garrisons, forts, or barracks of the United States, shall exact exorbi- forts, &c., not tant prices for houses or sialls let out to suttlers, or con- to exact exor- ^ bitant prices ^ive at the like exactions in others ; nor by his own for houses, , . i i 4. &c., let out to authority, and for his private advantage, lay any duty or ARTICLES OF WAR. 11 imposition upon, or be interested in, the sale of any sutlers, nor ^ ^ be interested victuals, liquors, or other necessaries of life brought into in the sale of victUiils li* the garrison, fort, or barracks, for the use of the soldiers, quors, &c., on on the penalty of being discharged from the service. fng discharged Art. 32. Everv officer commanding in quarters, garrisons. Commanding officers to or on the march, shall keep good order, and, to the utmost keep good of his power, redress all abuses or disorders which may be abuses, committed by any officer or soldier under his command ; if, upon complaint made to him of officers or soldiers beating or injur- otherwise ill-treating any person, or disturbing fairs or mar- ^ kets, or of committing any kind of riots, to the disquiet- ing of the citizens of the United States, he, the said com- mander, 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 en- able him or them, shall, upon proof thereof, be cashiered, or otherwise punished, as a general court-martial shall direct. Art. 33. When any commissioned officer or soldier shall When any be accused of a capital crime, or of having used violence, officer or soi- or committed any offence against the person or property of cJfsed of ^ a" any citizen of any of the United States, such as is punish- h^vi^ng able by the known laws of the land, the commanding committed ^ any offence officer and officers of every regiment, troop, or company to against the which the person or persons so accused shall belong, are perty ”of*^ citi- hcreby required, upon application duly made by or in be- commanding^ half of the party or parties injured, to use their utmost officers, &c., are required, endeavors to deliver over such accused person or persons upon appiica- to the civil magistrate, and likewise to be aiding and assist- use ’theff’ ut- ing to the officers of justice in apprehending and securing IJJ^to ^dehver the person or persons so accused, in order to bring him or accused to them to trial. If any commanding officer or officers shall gisirate, &c. wilfully neglect, or shall refuse, upon the application afore- man^ding ^offi- said, to deliver over such accused person or persons to the or "re- civil magistrates, or to be aiding and assisting to the officers 12 ARTICLES OP WAR. accused, of justice in apprehending such person or persons, the cashiered. officer or officers so offending shall he cashiered. think ^ him s^elf officer shall think himself wronged by wronged by his Colonel, or the commanding officer of the regiment, &c., and, upon and shall, upon due application being made to him, be refhsed^^^^' re- refused redress, he may complain to the General command- corapi^n to State or Territory where such regiment shall be the General, stationed, in order to obtain iustice ; who is hereby required who is to exa- . ’ ■; mine into the to examine into said complaint, and take proper measures complaint, &c. 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. officer *or^”o°- inferior officer or soldier shall think dierthink him- himself wronged by his Captain or other officer, he is to by his captain, complain thereof to the commanding officer of the regi- co^nplain to ment, who is hereby required to summon a regimental ing ^offi^r ^of court-martial for the doing justice to the complainant ; the regiment, from which regimental court-martial either party may, if whoisreqired ^ j j i to sumnion he thinks himself still aggrieved, appeal to a general court- ^ourt martial, upon a second hearing, the appeal shall appear ^vexa- vexatious and groundless, the person so appealing lious, appel- shall be punished at the discretion of the said court-martial, lant may Le Commfssioned commissioned officer, storekeeper, or com- officers, store- missary, who shall be convicted at a general court-martial keepers, &c., ’ convicted of of having sold, without a proper order for that purpose, without a pro^ embezzled, misapplied, or wilfully, or through neglect, suf- any^pro visions provisions, forage, arms, clothing, ammu- forage, arms, nition, or other military stores, belonging to the United gently suffered States, to be spoiled or damaged, shall, at his own expense, be spoiffid^,&c!^, make good the loss or damage, and shall, moreover, forfeit timTo^^ffirfeft P^^ dismissed from the service, pay, &c. Non-cornmis- Art. 37. Any non-commissioned officer or soldier who sioned officers . . , i . or soldiers con- shall be convicted at a regimental court-martial of having ing^^^soffi ^^or sold, or designedly, or through neglect, wasted the ammu- ARTICLES OP WAR. 13 nition delivered out to him to be employed in the service wasted ammu- nition, &c., to of the United States, shall he punished at the discretion of be punished, such court. Art. 38. Every non-commissioned officer or soldier who Non-commis- ' sioned officers shall he convicted, before a court-martial, of having sold, or soldiers con- lost, or spoiled, through neglect, his horse, arms, clothes, i^ng^^soid[ ?osT^ or accoutrements, shall undergo such weekly stoppages ^orscs^^^a^rms^ (not exceeding the half of his pay) as such court-martial clothes, &c., shall judge sufficient, for repairing the loss or damage ; and weekly stop- shall suffer confinement, or such other corporeal punish- ment as his crime shall deserve. Art. 39. Every officer who shall be convicted before a Officers con- court-martial of having embezzled, or misapplied, any bez^iement^or money with which he may have been intrusted, for the "Misapplication ’of money in- payment of the men under his command, or for enlisting trusted to them ^ ^ ^ for the pav- men into the service, or for other purposes, if a commis- ment of men, sioned officer, shall he cashiered, and compelled to refund iered^and com- the money ; if anon-commissioned officer, shall he reduced if^non” to the ranks, he put under stoppages until the money he commissioned made good, and suffer such corporeal punishment as such reduced, &c. court-martial shall direct. Art. 40. Every captain of a troop, or company, is charged Every Captain with the arms, accoutrements, ammunition, clothing, or eompany^^ac- other warlike stores, belonging to the troop or company countable for under his command, which he is to he accountable for to trements,&c., his Colonel, in case of their being lost, spoiled, or damaged, the°*^confpany not by unavoidable accidents, or on actual service. troop, &c. Art. 41. All non-commissioned officers and soldiers who Non-commis- shall he found one mile from the camp, without leave in and soldiers writing from their commanding officer, shall suffer such noin^°”c^mp punishment as shall he inflicted upon them by the sentence without leave in writing,&c. of a court-martial. to suffer pun- ishment, &c. Art. 42. No officer or soldier shall lie out of his quar- No officer or ters, garrison, or camp, without leave from his superior out of quar- 14 ARTICLES OP WAR. oiit ifav^^ac' upon penalty of being punished according to the ’ nature of his offence, by the sentence of a court-martial. Non-commis- sioned officers and soldiers to retire to their tents at the beating of the retreat, &c. No officer or soldier to fail in repairing to the place of parade, if not prevented by sickness, &c., nor leave it before being regularly dis- missed, &c. 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 accord- ing 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 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. Any commis- Art. 45. Any commissioned officer or soldier who shall sioned officer „ , ,, ,, found drunk be found drunk on his guard, party, or other duty, shall to be ^casffier- cashiered. Any non-commissioned officer or soldier so dters ^^c offending shall suffer such corporeal punishment as shall that case, to ] 3 e inflicted by the sentence of a court-martial, suffer corpo- real punish- ment, &c. Sentinels Art. 46. Any sentinel who shall be found sleeping upon their^^posts? post, or shall leave it before he shall be regularly re- &c., to suffer Reved, shall suffer death, or such other punishment as shall be inflicted by the sentence of a court-martial. No soldier to Art. 47. No soldier belonging to any regiment, troop, do hfs^duty for company, shall hire another to do his duty for him, or him, or be ex- Re excused from duty, but in cases of sickness, disabilitv, cused, but in . cases of sick- or leave of absence ; and every such soldier found guilty " ’ * of hiring his duty, as also the party so hired to do another’s duty, shall be punished at the discretion of a regimental court-martial. Art. 48. And every non-commissioned officer conniving Non-commis- ARTICLES OP WAR. 15 at such hiring of duty aforesaid, shall he reduced ; and sioned officers . . conniving at every commissioned officer knowing and allowing such ill hiring of duty practices in the service, shall be punished by the judgment cornuds- of a general court-martial.. sioned officers knowing and allowing it, to be punished, &c. Art. 49. Any officer belonging to the service of the Any officer tlnited States who, by discharging of fire-arms, drawing of ffiise°alarms?n swords, beating of drums, or by any other means what- ^eath^ soever, 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 general court-martial. Art. 50. Any officer or 'soldier who shall, without urgent Officers or soi- necessity , or without the leave of his superior officer, quit urgSt ''neces- his guard, platoon, or division, shall be punished, accord- quitting g^ifa'ra’ ing to the nature of his offence, by the sentence of a court- .&c., tobepun- ^ ished, &c. martial. ' Art. 51. No officer or soldier shall do violence to any officers and person who brings provisions or other necessaries to the camp, garrison, or quarters, of the forces of the United persons bring- ° ^ ’ ing provisions States, employed in any parts out of the said States, upon to camp, &c., . . , outoftheUni- pam of death, or such other punishment as a court-martial ted States, on , TT , pain of death, shall direct. ’ Art. 52. Any officer or soldier who shall misbehave officers or sol- himself before the enemy, run away, or shamefully aban- behave^befo^e don any fort, post, or guard, which he or they may ^wa^^^c^’ commanded to defend, or speak words inducing others to to suffer deatii do the like ; or shall cast away his arms and ammunition, ment, or who shall quit his post or colors to plunder and pillage ; every such offender, being duly convicted thereof, shall suffer death, or such other punishment as shall be ordered by the sentence of a general court-martial. Art. 53. Any person belonging to the armies of the United persons be 16 ARTICLES OF WAR. longing to the States, wlio shall make known the watchword to any per- armies ma- king known son who is not entitled to receive it according to the rules woid7&c!| to discipline of war, or shall presume to give a parole or otiieT ^punish- different from what he received, shall suffer ment. death, or such other punishment as shall be ordered by the sentence of a court-martial. Officers and Art. 54. All officers and soldiers are to behave them- mdLly" selves orderly in quarters and on their march ; and who- &c^*and^such shall commit any waste or spoil, either in walks of as commit trees, parks, warrens, fish-ponds, houses, or gardens, corn- W3.St0j unless byorder fields, enclosures of meadows, or shall maliciously destroy mander^im ^^7 property whatsoever belonging to the inhabitants of be^^pun^Tshed^ United States, unless by ordeY 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 ac- cording to the nature and degree of the offence, by the judgment of a regimental or general court-martial. Whoever, in Art. 55. Whosoever, belonging to the armies of the forces' a^safe- United States employed in foreign parts, shall force a safe- guard, IS to guaj-q shall suffer death, suffer death. ° ’ Whoever re- Art. 56. Whosoever shall relieve the enemy with money, iny ^witlf mo- ''^i^tuals, or ammunition, or shall knowingly harbor or pro- ney, victuals, ^gct an enemy, shall suffer death, or such other punishment &c., is to suf- ^ fer death, or as shall be ordered by the sentence of a court-martial, other punish- ment, &c. Death, or other Art. 57. Whosoever shall be convicted of holding cor- &c”^^fbr *lioid- despondence with, or giving intelligence to, the enemy, ing correspon- either directly or indirectly, shall suffer death, or such dence with or giving inteiii- other punishment as shall be ordered by the sentence of a gence to the , , inemy, &c. court-martial. Public stores Art. 58. All public stores taken in the enemy’s camp, enemy’s camp towns, forts, or magazines, whether of artillery, ammuni- &c., to be se- clothing, forage, or provisions, shall be secured for ARTICLES OF WAR. IT the service of the United States ; for the neglect of which cured for the service of the the commanding officer is to he answerable. U. States. Art. 59. If any commander of any garrison, fortress, or post, shall he compelled, hy the officers and soldiers under and soldiers of . , . 1 1 'i. any garrison, his command, to give up to the enemy, or to abandon it, &c., compeii- the commissioned officers, non-commissioned officers, or ^°^to soldiers, who shall be convicted of having so offended, 8*'"® ’ ^ enemy, &c. shall suffer death, or such other punishment as shall be inflicted upon them by the sentence of a court-martial. Art. 60. All sutlers, and retainers to the camp, and all Sutlers and re- tainers subject persons whatsoever, serving with the armies of the United to orders, &c. States in the field, though not enlisted soldiers, are to be subject to orders, according to the rules and discipline of war. Art. 61. Officers having brevets, or commissions of a Officers hav- ing brevets or prior date to those of the regiment in which they serve, commissions may take place in courts-martial and on detachments, th ose*^ of The when composed of different corps, according to the ranks ^^ey given them in their brevets or dates of their former com- serve, may ” take place, missions ; but in the regiment, troop, or company, to which &c., accord- such officers belong, they shall do duty and take rank both g^fen them, in courts-martial and on detachments which shall be com- posed of their own corps, according to the commissions by which they are mustered in the said corps. Art. 62. If, upon marches, guards, or in quarters, dif- If, upon ferent corps of the army shall happen to join, or do duty different’corps together, the officer highest in rank of the line of the army, ^offi- marine corps, or militia, by commission, there on duty or cer highest in rBnK^ occ*j to in quarters, shall command the whole, and give orders command, un- for what is needful to the service, unless otherwise specially ’ directed by the President of the United States, according ^o the nature of the case. 3 18 ARTICLES OF WAR. Engineers not Art. 63. The functions of the engineers beinc: Generali v to assume, nor o o o .. be subject to, confined to the most elevated branch of military science, yond^th*^e line they are not to assume, nor are they subject to be ordered dfa\e^^*^profb^ duty beyond the'line of their immediate profession, sion, except, 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. \ Gen’l courts- Art. 64. General courts-martial may consist of any num- mariial may consist of any ber of commissioned officers, from five to thirteen, inclu- No. of com- mission’d offi- sively ; but they shall not consist of less than thirteen, ^ where that number can be convened without manifest injury to the service. General offi- cers or Cols, commanding, &c., may ap- point general courts-mart’I, &c. No sen- tence of a court-martial to be carried into execution until the pro- ceedings have been laid be- fore the officer order’g it, &c. No sentence of a general court-martial in time of peace,extend- ing to loss of life, &c., or which, in peace or war, respects a gen- eral officer, to be c.arried into execution un- til the pro- ceedings have been laid be- fore the Presi dent, &c. Art. 65.'"' Any general officer commanding an army, or Colonel commanding a separate department, may appoint general courts-martial whenever necessary. But no sentence of a court-martial shall be carried into execution until after the whole proceedings shall have been laid before the offi- cer ordering the same, or the officer commanding the troops for the time being ; neither shall any sentence of a general court-martial, in time of peace, extending to the loss of life, or the dismission 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 con- firmation 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. * Modified by act of May 29, 1830. ARTICLES OF WAR. 19 Art. 66. Every officer commanding a regiment or corps Officers com- o o 1 . ixiandmg regi- may appoint, for his own regiment or corps, conrts-martial, m’ts or corps, to consist of three commissioned officers, for the trial and cou^ts-rnarUM^ punishment of offences not capital, and decide upon their ^sViotca^taf. sentences. For the same purpose, all officers commanding Officers com- ^ ^ ^ manding gar- any of the garrisons, forts, barracks, or other places where risons, &c., . T-nt’ j assemble the troops consist of different corps, may assemble courts- courts-mart’l, martial, to consist of three commissioned officers, and de- cide upon their sentences. Art. 67. No garrison or regimental court-martial shall No garrison or have the power to try capital cases, or commissioned offi- cou^T-mSial cers ; neither shall they inflict a fine exceeding one month’s try^^''^ca^pi£i pay, nor imprison, nor put to hard labor, any non-commis- cases, &c. sioned officer or soldier, for a longbr time than one month. Art. 68. Whenever it may be found convenient and neces- when’er con- sary to the public service, the officers of the marines shall the^offmers^ of be associated with the officers of the land forces, for the “‘trines shall ’ be associated purpose of holding courts-martial, and trying offenders be- with officers of the land longing to either ; and in such cases, the orders of the force for hold- senior officer of either corps, who may be present, and duly mlrtial^^c\^~ authorized, shall be received and obeyed. Art. 69. The judge-advocate, or some person deputed Thejudge-ad- by him, or by the general, or officer commanding the army, to ^^prosecute detachment, or garrison, shall prosecute in the name of the "s!” but United States, but shall so far consider himself as counsel consider himself coun- for the prisoner, after the said prisoner shall have made his sel for the plea, as to object to any leading question to any of the ^ %vitnesses, or any question to the prisoner, the answer to which might tend to criminate himself; and administer to Thejudge-ad- each member of the court, before they proceed upon any ^Ji^tster^ ^an trial, the following oath, which shall also be taken by all oath to each ^ member of the members of the regimental and garrison courts-martial : court, &c. You, A B, do swear, that you will well and truly try Form of oath, and determine, according to evidence, the matter now be- 20 ARTICLES OP WAR. fore you, between the United States of America and the prisoner to be tried, and that you will duly administer justice, according to the provisions of ‘ An act establishing Rules and Articles for the government 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 understand- ing, and the custom of war in like cases ; and you do fur- ther swear that you will not divulge the sentence of the court until it shall be published by the proper authority ; neither will 5^011 disclose or discover the vote or opinion of any particular member of the court-martial, unless re- quired to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you God.” The president as soon as the said oath shall have been adminis- administer Vn respective members, the president of the court oath ^Ot judge- shall administer to the judge-advocate, or person officiating as such, an oath in the following words : Form ofjudge- “ You, A B, do swear, that you will not disclose or dis- oath.^ ^ cover 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 disclosed by the same. So help you God. ’ ’ Whcin a pris- Art. 70. When a prisoner, arraigned before a general stinacv,^”Vc!j court-martial, shall, from obstinacy and deliberate design, &c”*^the™aurt mute, or answer foreign to the purpose, the court may proceed may proceed to trial and judgment, as if the prisoner had to trial, Ac. \ , , . . , .i regularly pleaded not guilty. .When a mem- Art. 71 . When a member shall be challenged by a pris- le^ngeJT oner, he must state his cause of challenge, of which the mifst”smte the shall, after due deliberation, determine the relevancy cause, &c. or validity, and decide accordingly ; and no challenge to ARTICLES OF WAR. ‘21 more than one member at a time shall be received by the court. Art. 72. All the members of a court-martial are to be- Members to - 11 1 . . . . behave with have with decency and calmness ; and in giving their votes decency, and are to begin with the youngest in commission. &c., ^to " vo^te first! Art. 73 . All persons who give evidence before a court- Witnesses to martial, are to be examined on oath or affirmation, in the on following form : “ You swear, or affirm, (as the case may be,) the evi- Form of oath 1 1 n . . 1 .1 of a witness, dence you shall give in the cause now in hearing shall be the truth, the whole truth, and nothing but the truth. So help you God.” Art. 74. On the trials of cases not capital, before courts- yases not ^ ’ capital, &c., martial, the deposition of witnesses, not in the line or stalf depos^itions of the army, may be taken before some justice of the peace, ^Yread,^&^c”! and read in evidence ; provided the prosecutor and person pjosecutoraud accused are present at the taking the same, or are duly notified thereof. Art. 75 . No officer shall be tried but by a general court- No officer to be . . tried but by martial, nor by officers of an inferior rank, if it can be general court- avoided. Nor shall any proceedings of trials be carried on, pro^eed- excepting between the hours of eight in the morning, and between Tight three in the afternoon, excepting in cases which, in the ^"<1 three, un- opinion of the officer appointing the court-martial require immediate example. Art. 76. No person whatsoever shall use any menacing No person to 1 . , . . 1 use menacing words, signs, or gestures, in presence of a court-martial, or words or ges- shall cause any disorder or riot, or disturb their proceed- presence^of'a ings,*on the penalty of being punished, at the discretion of ^urt-martial, the said court-martial. Art. 77. Whenever any officer shall be charged with a When an offi- crime, he shall be arrested and confined in his barracks, ^tircHimefhe 22 ARTICLES OF WAR, is to be arrest- quarters, or tent, and deprived of his sword by the corn- ed, deprived of ^ J his sword, &c. manding officer. And any officer who shall leave his con- finement before he shall be set at liberty by his command- ing officer, or by a superior officer, shall be cashiered. Non-commis- Art. 78. Non-commissioned officers and soldiers, charged sioned officers . and soldiers With crimes, shall be confined until tried by a court-martial, crimes^ to^ be released by proper authority, confined, &c. Officers and Art. 79. No officer or soldier who shall be put in ar- soldiers in ar- rest not to con- rest shall continue in confinement more than eight days, or finement over until such time as a court-martial can be assembled, eight days, &c. No officer Art. 80. No officer commanding a guard, or provost commanding o o 7 x a guard, &c., marshal, shall refuse to receive or keep any prisoner com- receive^^a pr^ fitted to his charge, by an officer belonging to the forces ed” United States ; provided the officer committing shall, at the same time, deliver an account in writing, signed by himself, of the crime with which the said prisoner is charged. No officer Art. 81. No officer commanding a guard, or provost mar- commanding o a guard, &c., shal, shall presume to release any person committed to his pers^on^^^com- charge, without proper authority for so doing, nor shall he ^large, &c!**^ suffer any person to escape, on the penalty of being pun- ished for it by the sentence of a court-martial. Officers to Art. 82. Every officer or nrovost marshal, to whose charge whom prison- ./ x o ers are com- prisoners shall be committed, shall, within twenty-four make ’ report, hours after such commitment, or as soon as he shall be re- hours7of their ii^^^ed from his guard, make report in writing, to the com- najnes, crimes, manding officer, of their names, their crimes, and the names of the officers who committed them, on the penalty of being punished by disobedience or neglect, at the discre- tion of a court-martial. Commission- ed officer con- Art. 83. Any commissioned officer convicted before a VIC ted of un- general court-martial of conduct unbecoming an officer and becoming con- duct, &c.,dis- a gentleman, shall be dismissed the service, missed, &c. ARTICLES OF WAR. 23 Art. 84. In cases where a court-m.artial may think it cases where a court- proper to sentence a commissioned officer to be susi)ended martial sus- from command, they shall have power also to suspend his cer,^&c.” ihTy pay and emoluments for the same time, according to the ed^to*^us^mi nature and heinousness of the offence. Art. 85. In all cases where a commissioned officer Js cashiered for cowardice or fraud, it shall be added in the co^aS- sentence, that the crime, name, and place of abode, and ice or fraud, ’ 7 7 0 . crime, punishment of the delinquent, be published in the news- name, &c., of papers, in and about the camp, and of the particular State to be published from which the offender came, or where he usually resides ; ^c^^' after which it shall be deemed scandalous for an officer to associate with him. Art. 86. The commanding officer of any post or detach- Where the ment, in which there shall not be a number of officers ade- cers is not ade- quate to form a general court-martial, shall, in cases which ^general require the cognizance of such a court, report to the com- court-martial, ^ ^ 7 x' jPg command- manding officer of the department, who shall order a court ing officer of to be assembled at the nearest post or detachment, and the nient, &c., to party accused, with necessary witnesses, to be transported to the place where the said court shall be assembled. report to the commanding officer of the department, &c. Art. 87.- No person shall be sentenced to suffer death. No person to but by the concurrence of two-thirds of the members of a to death, but general court-martial, nor except in the cases herein ex- of ”^o- pressly mentioned ; no?' shall more than fifty lashes he inflicted on any offender^ at the discretion of a court-martial; and no officer, general court- non-commissioned officer, soldier, or follower of the army, nor more than shall be tried a second time for the same offence. fifty lashes to be inflicted. *So much of these rules and articles as authorizes the infliction of corporeal punishment by stripes or lashes, was specially repealed by act of 16th May, 1812. By act of 2d March, 1833, the repealing act was repealed, so far as it applied to the crime of desertion, which, of course, revived the punishment by lashes for that offence. 24 ARTICLES OF WAR. Art. 88. No person shall be liable to be tried and pim- able to be tried ^ ^ and punislied ished by a general court-martial for any offence which shall by a general , ^ ^ court-martial appear to have been committed more than two years before comrrdttfd*^*^^ issuing of the order for such trial, unless the person, by more than two reason of having absented himself, or some other manifest years before, ^ ^ unless, &c. impediment, shall not have been amenable to justice within that period. Every officer Art. 89. Every officer authorized to order a general court- order a general martial, shall have power to pardon or mitigate any pun- e^powe^S'^to ishment ordered by such court, except the sentence of death, pardon or mit- or of cashiering an officer ; which, in the cases where he igate any pun- ’ isliment, &c., has authority (by article 65) to carry them into execution, except, c. suspend, until the pleasure of the President of the United States can be known ; which suspension, together with copies of the proceedings of the court-martial, the said officer shall immediately transmit to the President for his The colonel, determination. And the colonel or commanding officer of &c., of a regi- ment or garri- the regiment or garrison, where any regimental or garrison son, &c., may +• i i. n -u u m i •+• + pardon or mit- court-martial shall be held, may pardon or mitigate any gate, &c. punishment ordered by such court to be inflicted. Judge-advo- Art. 90. Every judge-advocate, or person officiating as transmit, *’as such, at any general court-martial, shall transmit, with as as poss^ble^the ni^ch expedition as the opportunity of time and distance original pro- place can admit, the original proceedings' and sentence ceedings and ^ ? n £ n sentences of of such court-martial, to the Secretary of War ; wffiich general courts . . . , martial to the said original proceedings and sentence shall be carefully War ^/n whose kept and preserved in the office of said Secretary, to the shaU be^ pre^ persons entitled thereto may be enabled, upon served. application to the said office, to obtain copies thereof. The party The party tried by any court-martial, shall, upon de- nied by gen. ^ ^ ^ court - martial mand thereof, made by himself, or by any person or per- copy ^of ^°the sons in his behalf, be entitled to a copy of the sentence sentence, &c. proceedings of such court-martial. ARTICLES OF WAR. 25 Art. 91. In cases Avhere the general, or commanding Wiiere the ? . . general, &c., officer may order a court of inquiry to examine into the may order a , X j.* X* • X X* court of in- nature of any transaction, accusation, or imputation, quiry, &c.,the against any officer or soldier, the said court shall consist oV^not^ex- of one or more officers, not exceeding three, and a judge ceedingS, and advocate, or other suitable person as a recorder, to reduce cate, &c., to the i^roceedings and evidence to writing ; all of whom ’ shall he sworn to the faithful performance of their dutj^ This court shall have the same power to summon witnesses Courts of in- as a court-martial, and to examine them on oath. But tiie*^irm pow^ they shall not give their opinion on the merits of the couris- ° ^ martialto case, excepting they shall he thereto specially required, summon wit- nesses, &c., The parties accused shall also he permitted to cross-ex- but are not to amine and interrogate the witnesses, so as to investigate u"n°rs^s fully the circumstances in the question. specially rc quired, &c. Art. 92. The proceedings of a court of inquiry must he Proceedings authenticated hy the signature of the recorder and the ^nquiry*^ to be president, and delivered to the commanding officer, and by^the**si^^ni the said proceedings may he admitted as evidence hy a the court-martial, in cases not capital, or extending to the president,&c., dismission of an officer, provided that the circumstances admitted^ as are such that oral testimony cannot he obtained. But as courts-martial courts of inquiry may he perverted to dishonorable nur- ^ capita), &c., poses, and may be considered as engines of destruction to provided, &c. military merit, in the hands of weak and envious com- Courts of in- mandants, they are hereby prohibited, unless directed hy edj^^uniess^^di- the President of the United States, or demanded by the prelldenq &^c^. accused. Art. 93. The judge advocate or recorder shall admin- Judge advo- ister to the members the following oath : ad^minis’ter oath, &c. “You shall well and truly examine and inquire, accord- For.m of oath, ing to your evidence, into the matter now before you, without partiality, favor, affection, prejudice, or hope of reward. So help you God.” 4 26 AETICLES OP WAR. The president After which the president shall administer to the iud^e of the court to administer advocate, or recorder, the following oath : oath. Form of judge “You, A. B., do swear that you will, according to your advocate ’s oath. best abilities, accurately and impartially record the pro- ceedings of the court, and the evidence to be given in the case in hearing. So help you God.” Witness to witnesses shall take the same oath as witnesses take the oath, sworn before a court-martial. When a com- Art. 94. When any commissioned officer shall die or be ficer dies,&c., killed in the service of the United States, the major of the the regime n^ I’egiment or the officer doing the major’s duty in his ab- &c., immedi- gence, or in any post or garrison, the second officer in com- ately to secure ’ j ^ o j all his effects, mand, or the assistant military agent, shall immediately &c., make an n , . n/. . , . inventory, and secure all his effects or equipage, then in camp or quarters, the” War* De- shall make an inventory thereof, and forthwith trans- partment, &c. same to the office of the Department of War, to the end that his executors or administrators may receive the same. Wlien a non- Art. 95. When any non-commissioned officer or soldier commissioned officer or sol- shall die or be killed in the service of the United States, the ?he*^comm^d- ^ben commanding officer of the troop, or company, shall, troop^&c. ll presence of two other commissioned officers, take an to take an ac- account of what effects he died possessed of, above his arms count of what effects he died and accoutrements, and transmit the same to the office &c.^,ami trans^- of the Department of War, which said effects are to be ac- ^rtment ^of counted for, and paid to the representatives of such de- War,&c., and ceased non-commissioned officer or soldier. And in case the effects to be accounted any of the officers, so authorized to take care of the effects for. &c. of deceased officers and soldiers, should, before they have cers”^ a”uthS- accounted to their representatives for the same, have occa- ca^re of the^ef leave the regiment or post, by preferment, or other- fects of de- wise, they shall, before they be permitted to quit the same, CGciscd officers and soldiers deposit in the hands of the commanding officer, or of the ARTICLES OF WAR. 27 assistant military agent, all the effects of such deceased non-commissioned officers and soldiers, in order that the regiment, &c., they are to de- same may be secured for, and paid to, their respective rep- posit the ef- , fects in the resentatives. hands of the comm anding officer, &c. Art. 96. All officers, conductors, gunners, matrosses. Officers, &c., , . - , . . , . in the corps of drivers, or other persons whatsoever, receiving pay or hire engineers, in the service of the artillery, or corps of engineers of the ^^ed” by^the United States, shall he governed by the aforesaid Rules &c ^ ^ and Articles, and shall be subject to be tried by courts- martial, in like manner with the officers and soldiers of the other troops in the service of the United States. Art. 97. The officers and soldiers of any troops, whether Officers and . soldiers of any militia or others, being mustered and in pay of the United troops,militia, States, shall, at all times and in all places, when joined, i^ng^lnustered, or acting in conjunction with the regular forces of the United States, be governed by these rules and articles of war, and lar forces, to ... governed shall be subject to be tried by courts-martial, in like man- by these rules, ner with the officers and soldiers in the regular forces ; save subject to be’ only that such courts-martial shall be composed entirely of militia officers. that the courts are to be composed of militia of- ficers. Art. 98. All officers serving by commission from the Officers serv- authority of any particular State shall, on all detachments, mission froni courts-martial, or other duty, wherein they may be em- of particu- ployed in conjunction with the regular forces of the United larState,when ^ J o employed m States, take rank next after all officers of the like grade in c o n j u nction said regular forces, notwithstanding the commissions of Vorces^^to such militia or State officers may be elder than the com- af^e®r*^\"f missions of the officers of the regular forces of the United ° grade in the States. regular forces, &c. Art. 99. All crimes not capital, and all disorders and ah crimes not 28 ARTICLES OF WAR. capital, and all neglects which officers and soldiers may be guilty of, to the disorders, &c., tho’ not men- prejudice of good order and military discipline, though not ee^ng articles mentioned in the foregoing articles of war, are to be taken cognizance^ of ^^S^izance of by a general or regimental court-martial, courts-mar- according to the nature and degree of the offence, and be punished at their discretion. President to Art. 100. The President of the United States shall have form^&c. power to prescribe the uniform of the army. The foregoing Art. 101. The foregoing articles are to be read and pub- articles to be read and pub- lished, once in every six months, to every garrison, regi- lished once in,, xjxi every 6 months troop, or company, mustered, or to be mustered, in son^'^^or^ ^re*gi- service of the United States, and are to be duly observed ment, &c. and obeyed by all officers and soldiers who are, or shall be, in said service. Tn time of war 2. And he it further enacted. That in time of war, all lurkin^g about persons, not citizens of, or owing allegiance to, the United or the encamp’ States of America, who shall be found lurking as spies, in ar^e^s to s^f- about the fortifications or encampments of the armies of fer death, h,c, t ]^0 United States, or any of them, shall suffer death, ac- cording to the law and usage of nations, by sentence of a general court-martial. The rules and Sec. 3. And he it further enacted, That the rules and reg- regulations by . . , which the ar ulations by which the armies of the United States have been^ hereto- heretofore been governed, and the resolves of Congress there- to^^be^^hence- annexed, and respecting the same, shall henceforth except°&c*^^* 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, occu- pied by any part of the army of the United States. [Ap- proved, April 10, 1806.] EXTRACTS FROM ACTS OF CONGRESS. any non-commissioned officer, musician, or private, shall desert the service of the United States, he shall, in addition to the pen- alties mentioned in the rules and articles of war, he liable to serve for and during such a period as shall, with the time he may have served previous to his desertion, amount to the full term of his enlistment ; and such soldier shall and may be tried by a court-martial, and pun- ished, although the term of his enlistment may have elapsed previous to his being apprehended or tried. — IG/A llarch, 1802, Sec. 18. 2 No officer or soldier in the army of the United States shall be subject to the punishment of death for desertion in time of peace. — Act 29th 3Iay., 1830. 3 So much of the ‘ ‘ Act for establishing rules and articles for the government of the armies of the United States,” as authorizes the in- fliction of corporeal punishment by stripes or lashes, shall be, and the same is hereby, repealed. — Act l^th May., 1812, Sec. 7. 4 The seventh section of the act entitled ‘ ‘ An act making further provision for the army of the United States,” passed on the sixteenth of May, one thousand eight hundred and twelve, shall be, and the same is hereby, repealed, so far as it applies to any enlisted soldier who shall be convicted by a general court-martial of the crime of desertion. — Act 2d March, 1833, Sec. 7. 5 Whenever a general officer commanding an army, or a colonel commanding a separate department, shall be the accuser or prosecutor of any officer in the army of the United States, under his command, the general court-martial for the trial of such officer shall be appointed by the President of the United States. — Act 29th May, 1830, Sec. 1. 6 Tlie proceedings and sentence of the said court shall be sent directly to the Secretary of War, to be by him laid before the President, for his confirmation or approval, or orders in the case. — Act 29th May, 1830, Sec. 2. 30 EXTRACTS FROM ACTS OF CONGRESS. 7 So much of the sixty-fifth article of the first section of “ An act for establishing rules and articles for the government of the armies Of the United States/’ passed on the tenth of April, eighteen hundred and six, as is repugnant hereto, shall be, and the same is hereby, repealed. — Act2^thMay, 1830, Sec. 3. 8 Whenever a general court-martial shall he ordered, the Presi- dent of the United States may appoint some fit person to act as judge advocate, and in cases where the President shall not have made such appointment, the brigadier general, or the president of the court, may make the same. — Act l^th 3Iarch^ 1802, Sec. 21. 9 “ That it shall he the duty of the quartermaster’s department, in addition to its present duties, to receive from the purchasing depart- ment, and distribute to the army of the United States, all clothing and camp and garrison equipage -required for the use of the troops ; and it shall be the duty of the Quartermaster General, under the direction of the Secretary of War, to prescribe and enforce, under the provisions of this act, a system of accountability for all clothing and equipage issued to the army. ‘ ‘ That every captain or commander of a company, detachment, or recruiting station, or other officer, who shall have received clothing or camp equipage for the use of his command, or for issue to the troops, shall render to the Quartermaster General, at the expiration of each regular quarter of the year, quarterly returns of such supplies, accord- ing to the forms which may be prescribed, accompanied by the requisite vouchers for any issues that shall have been made ; which returns and vouchers, after due examination by the Quartermaster General, shall be transmitted for settlement to the proper office of the Treasury Depart- ment. ‘ ‘ That it shall be the duty of all officers charged with the issue Of clothing, or other supplies, carefully to preserve the same from waste or damage ; and, in case of deficiency on final settlement of any article of supplies, the value thereof shall be charged against the delinquent, and deducted from his monthly pay, unless he shall show, to the satisfaction of the Secretary of War, by one or more depositions setting forth the circumstances of th<^ case, that the said deficiency was occasioned by EXTRACTS FROM ACTS OF CONGRESS, 31 unavoidable accident, or was lost in actual service, without any fault on his part ; and, in case of damage, he shall also be subject to charge for the damage actually sustained, unless he shall show, in like manner, to the satisfaction of the Secretary of War, that due care and attention were given to the preservation of said supplies, and that the damage did not result from neglect. ’ ’ [Approved, 18th May, 1826.] 10 “That if any person shall sell, exchange, or give, barter, or dispose of, any spirituous liquor or wine to an Indian, (in the Indian country,) such person shall forfeit and pay the '’sum of five hundred dollars ; and if any person shall introduce, or attempt to introduce, any spirituous liquor or wine into the Indian country, except such sup- plies as shall be necessary for the officers of the United States and troops of the service, under the direction of the War Department, such person shall forfeit and pay a sum not exceding three hundred dollars ; and if any superintendent of Indian affairs, Indian agent, or sub-agent, or commanding officer of a military post, has reason to suspect, or is informed that any white person or Indian is about to introduce, or has introduced, any spirituous liquor or wine into the Indian country, in violation of the provisions of this section, it shall be lawful for such superintendent, Indian agent, or sub-agent, or military officer, agree- ably to such regulations as may be established by the President of the United States, to cause the boats, stores, packages and places of deposit of such person to be searched, and if any such spirituous liquor or wine is found, the goods, boats, packages, and peltries of such persons shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court, and forfeited, one half to the use of the informer, and the other half to the use of the United States ; and if such person is a trader, his license shall be revoked and his bond put in suit. And it shall moreover be lawful for any person in the service of the United States, or for any Indian, to take and destroy any ardent spirits or wine found in the Indian country, excepting military supplies as mentioned in this section . — Act June, 1834, Sec. 20. 11 “ That if any person whatever shall, within the limits of the Indian country, set uj) or continue any distillery for manufacturing ardent spirits, he shall forfeit and pay a penalty of one thousand dot- 32 EXTRACTS FROM ACTS OF CONGRESS. lars, and it shall be the duty of the superintendent of Indian affairs, Indian agent, or suh-agent, within the limits of whose agency the same shall he set up or continued, forthwith to destroy and break up the same ; and it shall he lawful to employ the military force of the United States in executing that duty . — Act 30^A June, 1834, Sec. 21. 12 “That the twentieth section of the ‘Act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers,’ approved June thirtieth, eighteen hundred and thirty-four, be, and the same is hereby, so amended, that, in addition to the fines thereby imposed, any person who shall sell, exchange or barter, give, or dispose of, any spirituous liquor or wine to an Indian, in the Indian country, or who shall introduce, or attempt to introduce, any spirituous liquor or wine into the Indian country, except such supplies as may be necessary for the officers of the United States and the troops of the service, under the direction of the War Department, such person, on conviction thereof, before the proper district court of the United States, shall in the former case be subject to imprisonment for a period not exceeding two years, and in the latter case not exceeding one year, as shall be prescribed by the court, according to the extent and crimi- nality of the offence. And in all j)rosecutions arising under this sec- tion, and under the twentieth section of the act to regulate trade and intercourse with the Indian tribes, and preserve peace on the frontiers, approved June thirtieth, eighteen hundred and thirty-four, to which this is an amendment, Indians shall be competent witnesses .” — Act M March, 1847, Sec. 2. 13 “ That no annuities, or moneys, or goods, shall be paid or dis- tributed to the Indians while they are under the influence of any description of intoxicating liquor ; nor while there are good and suffi- cient reasons for the officers or agents, whose duty it may be to make such payments or distributions, for believing that there is any species of intoxicating liquor within convenient reach of the Indians; nor until the chiefs and headmen of the tribe shall have pledged them- selves to use all their influence, and to make all proper exertions, to prevent the introduction and sale of such liquor in their country. '* ’ — 3d March, 1847, Sec. 3.