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Oars re thplanif fairdellghtful peace;
Onwarp'dbypaity jrags.tollveltkebrotJiert .
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?,Iobiday, September 1, t806i
Nd,-S62
Vol. VIL ,. - , " ; ; : b: -' ' ' ' -
m .' , ' ' c " ',,' 'r' "I ' " ;
. .-
SpliUftorffp. ill
AN ACT
Por establishing rules afld articles for the
government of the armies of the Uuiteci
State. (Concluded ) '
Ait. 34. , If any officer shall think
himself wronged" by his Colonel, or'
the commanding emeerfof the regi
jnerif, and shall, upon due applica
tion being make to him, be refused
' redress, he may complain to the
General, commanding in the state,
cr territory where such regiment
slsali be slationed, 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 trans
mit as soon as t possible, to tbe de
triment cf wafj'a.trustatef such
. . . . ' . i. i i
complaint, with the prcceemngb nau
thereon. ' "
:A'cti35. If any inferior officer, or
oldierJ shall think himself wronged
by his captain, or other officer, he is
to complain Ihercof.to tlie command
ing officer of the regiment, who is
he'reby required to summon a regi
mental court mania!, iter the dou
justice to the comprrmant, Irpm
v.'hich regimental ccuttmartial either
party mayi if he thinks himself still
aggrieved, -appeal to a general court
martial. But if upon a second hear
ing, the appeal shall appear vexatious
and groundless, the person so appeal
ing, shall be punished at the discre
tion of the said court martial.
Art. 36. Any commissioned offi
cer, store keeper, or commissary,
iv ho shall be convicted, at a general
court martial, - of having sold, nvhh
cut a propef order for that purpose,
embezzled misapplied, or wiltully,
sr. thVouc;h neclect, suffered any of
the provisions, forage, arms, cloath
i'tig, ammunition, or other military
storesi bclomrme: to the United
tates,to be' spoiled, or damaged;
hall at his own expence, wake good
the loss, or damage, and shall
noreover. forfeit all his pay, and be
dismissed from the service.
Ait. 37. Any non-commissioned
officer, or soldier, who sliall.be con
victed, at a regimental court martial
'M having sold, or designedly, or
"through neslect. wasted the ammu-
r.ition delivered cut to him, to be
employed in the service of the United
Stales shall be punished at the dis
cretion of such court.
Art. 38. Every non-commissioned
officer or soldier, who shall be convic
ted before a court martial, as having
sokl, lost, or spoiled, through ne
glect, his horse, arms, clothes, or ac
coutrements) shall be put under such
-weekly stoppages (not exceeding the
half of his iyav sis such court martial
shall judge sufficient, for repairing the
loss cr damage ; and shall suffer con
nement or such other corporal pu.
Tiishment as his crime shall deserve.
Art. S9. "Every officer, who shall ?
fce convicted before a court martial, j
of having embezzled, or misapplied J
-ny money with which he may have
ietm entrusted for the payment of
the men under his command, or for
enlisting men into the.service, or for
other purposes,ifa commissioned offi
cer shall be cashiered, Sc compelled to
refund the money ; if a non-com-'
missioned officer, shall be reduced
to the ranks, be ptit under stojvpages
jmtil the money be, made good, and
suffer ;such corporal .'..punishment as
'BUch court mJtrthlfial direct.
Art. 4. Every captain of a troop,
. or company, is charged with the arms
accoutrements, ammunition, clothing
orttther warlike stores belonging to
the? troop or company under his com
mand, which; he is to be accounta
ble for to his colonel, in case of their
being lost, spoiled, or damaged, not
by unavoidable accidents, or on ac
tual service.
Art. 41. All non-commissioned
officers and soldiers, who shall be
found ohrnile from the camp, with
out leave in writing, from their
commanding,, efneer, shall suffer
sv.ch punishment as shall be iiiBioted
upon ttsem by the sentence ot a court
martial. V
Art. 42. No officer, or soldier.
shall be out of his quarte rs, garrison,
of camp,, wjth'dutjadrom bU-.su.
perior cfficei upw(ptnalt of heing
punished according, to the. nature of
; bis offijneeby the seritence of a court
UiidaU ' .- - r
. Art. 43. Every non-commissioned
officer and soldier shall retire to. his
quarter or tent, at the, beating of the
retreat ; in default oHvhich he shall
bs punished according to the nature
of his "offence.. jp
. Art. 44. No office rfTion-commis-sioned
officer or soldier, shall fail in
repairing, at the time fixed, to the
place of parade, of exercise or other
rendezvous, appointed by his com
mandi.ng officer if not prevented by
sickdlss, or some other evident ne
ceiy .;or shall go from the saicl j
platof rendezvous. Without leave i
frrrt Ais commanding officer, before
he shall be regularly dismissed or re
lieved, on the penally df being pu
nished according to the nature of his
offence, by the sentence of a court
martial. ;
Article, 45 Any commissioned of
ficer who shall be found drunk on
his guard,' party or other duty, shall
be cashiered. Any non. commissi
oned officer or soldier so offending,
sliall s'iffer uch corporeal punish
ment as shall be inflicted by the sen
tence of a court martial.
Article 46. Any centinel-who shall
be found sleeping upon-his, post, or
shall leave it before heshall be regu
larly relieved, shall suffer death, or
such jpther punishment as shall be
inflicted by the senlencef a court
martial. '
Article 47. No soldier belonging
Jto any regiment, troop or company,
shall hiro another to do his duty for
him, or be excused from duty, but
in cases of sickness, disability, cr
leave of absence ; and every such
soldier found guilty of hiring his du
ty, as also the party so hired to do
another's duty, shall be punished at
the discretion of a regimental court
martial.
- Article 48. And every non-commissioned
officer conniving at such
hiring of duty aforesaid,. shall be re
duced ; and every commissioned of
ficer, knowing and allowing such ili
practices in the service, shall be pu
nished by the judgment cf a general
court martial.
Article 49. Any officer belonging
to the service of the United States,
who by discharging of fire arms,
drawing cf swords, beating of drums,
or by any other means whatsoever,
shall occasion false alarms m camp,
garrison or "quartets, shall suffer
death, or such other punishment as
shall be ordered by the sentence of a
general court inanial.
Article 50. Any officer or soldier
who shall, without urgent necessity
or without the leave of his superior
officer, quit his guard, platoon or di
vision, shall be punished according
to the nature of his offence, by the
sentence cf a court martial.
. Article 5 1 . No officer . or soldier
shall do violence to any person who
brings provisions or other necessaries
to the camp, garrison or quarters ot
the forces of the United States, em-
ployed in any parts out of the said j
States, upon pain of death, or such
other punishment as a court martial
shall direct.
Article 52. Any officer or soldier
who shall misbehave himself before
the enemy, run away, or shamefully
abandon ?aoy fort, post or guard,
which heorihey maybe commanded
to defend, or speak words inducing
others to do the like ; or shall cast
away his arms and ammunition, or
who shall quit his post or colours to
plunder and pillage, every such of
fender, being duly convicted thereof,
shall" suffer death, or such other pu
nishment as shall be ordered by the
sentence of a general court martial."
Article 53. Any person belonging
to the armies of the United States,
wtioA shall make known the watch
word to any person ho i not enti
tled to receive it, according to the
rules and discipline ofwar, or shall
presume to give a parole or watch
wdrd,different from what he received,
shall suffer death, or such other pu
nishment as shall be ordered by the
senience cf a. general court martial.
. Article 54. All officers and soldi
ers are. to behave iheniselves orderly
in quarters, and on their tr&rch ; and
whosoever shall commit any waste
or spoil, either in walks 0 trees,
parks, warrens, fish-ponds, houses or
gardens,' cornfields," enclosures of
meadows, or snail maliciously de
ionjjingtothe inhabitants of the U
bited States, unless by order of the,
then commander in chief of the ar
mies of the said States, shall (besides
such penalties as they are liable to
by law) be punished according to the
nature and degree of the offence, by
the judgment cf a regimental or geit
neral court martial. .
Article 55. Whosoever. belonging
to the armies of the United States,
employed in foreign parts, shall force
ajafe-guard; shall suffer death.
Article 53. Whosoever shall re
lieve the enemy with money, victuals
or armnunition, or shall knowingly
narbour or protect an enemy, shall
suffer death, or such other punish
ment as shall be ordered by the sen
tence of a court martial. ,
Article 57. Whosoever shall be
convicted of iolding correspondence
with, or giving intelligence to the
enemy, either directly or indirectly,
shall suffer Heath, or such other pu
nishment as sUll be ordered by the
sentence of a court martial.
Article 58. 'All public stores taken
in the enemy' camp towns, forts or
magazines, whether of artillery, am
munition, xlojiing, forage or provL
sions, shall be! secured lor the ser
vice of the United States ; for the
neglect of whch the commanding
officer is to be answerable.
Article 59. If any commander of
any garrisbh, fcrtress or post, shall
be compelled, 6y the officers and sol
diers under hiscommand, to give up
to the enemy, or to . abandon it, the
commissioned officers, non-commissioned
officers or soldiers, v. h shall
be convicted goT having so offended,
shall suffer dekth, or sur,;; other pu
nishment as shall be inhicted upon
them by the sentence of a court martial.
Article 60. Ail suitlers and retain
ers to the camp, and all persons
whatsoever serving with the armies
cf the United States in the field, tho'
not enlisted soldiers, are to be sub
ject to orders, according 10 the rules
and discipline cf war. .. t
Article 61. Officers having bre
vets or commissions, of a prior date
to those p the regiment in which
they serve, may take place in courts
martial and on detachments, when
composed of different corps, accord
ing to the ranks given" them in t! cir
brevets, or dates of their former com
missions : hut in ths regiment, troops
or company to which such officers
belong, they shall do duty and take
rank, both in courts martial and on
detachments, which shall be com.
posed only of their own corps, ac
cording to the commiwionsby which
trtey are mus ered in the said corps.
Article 61. If upon fnarches,uards
or in quarters, different corps of the
army hall happen to joii 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, .nd give orders for what
is needful for the service, unless
otherwise specially directed by the
Pitsident ot the United States ac
cording to the nature ot the case.
Article 63. The-functions of the
engineers being generally confined
to the most elevated branch of mili
tary science, they arc. not to assume.
nor are they subject to be ordered
on any duty beyond the IIdc of their
immediate profession, except by the
special order of the President of the
United States ; but they are to re
ceive every mark of respec; 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 corp3 to another,
regard being paid to rank.
Article 64. General courts martial
may consist of any number of com
missioned officers from five to thir
teen, inclusively, but they sha.ll not
consist of less than thirteen, where
that hUmber can be convened, with
out manifest injury to the service.
v Article S5. Any general officer
commanding an army, or colonel
commanding a separate department,
may, appoint generalxouru martial
whenever necessary. But no sen
tence of a court martial shall be car
ried into execution until after the
whole proceedings shail have been
Ibe fore the officer ordering the
safe, or "the officer commanding the
troop for the time being ; neither
shall any sentence of. a general court
hftQPft uvf on1 -v
- t the s life, or. the dieraissioa
a commissioned officer, or sbalrei-
tnerin time or peace or war, re-,
specting a generalmeryso6 carried
into execution, until "after the whole
proceedings shall have be eh trans
tnitted to the secretary of war to be
laid before the President of the Xg
States for his confirmation or disap-,
pi-oral and orders in the case. All
other sentences may be confirmed
and executed by the officer ordering
the court to assemble, or the com
mandin?' officer for the time being,
us tne case may oc. xi
Article 6, hvsry cthcer command
ing a regiment .or corps, may aj -poipt,
for his own regiment or corps,
courts martial, 'to consist oflhree
.comanisstonied officers, for fheprial
and punishment of offsnces, not ca-.
pital, anddecide upSfMheir sentences
ror 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 con-,
sist oCthree commissioned officers,
And decide upon their sentences
Aiticle 67. No garrison, or regi
mental court martial shall have the
power to try capital cases, or com
missioned officers; neither shall they
inflict a fine exceeding one monk's
pay, nor imprison, nor put to hard
labour, any non-commissioned officer
or soldier, for a longer time than one
month.
Article 6S. Whenever it may be
found convenient and necessary lb
the public service, the officers of the
marine shall be associated with the
officers of the land forces, for the
purpose of holding courts martial and
irying offenders belonging to either ;
and ii)tj5uc:i cases, the orders of the i
senior officers of either corps who !
may be present and'duly authorised,
shall be received and obeyed.
Article 49. The judge advocate, or
some person deputed tfy him, or by
the general or officer commanding
the army, detachment or garrison,
shall, prosscute in the name of the
U. States, but shall So far consider
himself as counsel for the prisorit
af'.er the said prisoner shall iiaye
m-ide his plea, as to object to any
leading question to any cf the wit-'
uesses, or any question to the priso
ner, the.answei to which might tend
to criminate himself , and adminis
ter to each member of the court be
fore they proceed upon any trial the
following oath, which shall also be
taken by all members of the rei;i
mentrd and garrison courts mavtial.
44 You A. B. do swear, that you
will well and truly try and determine,
according to evidence, the matter
now bcfjre you between ths U. S. of
America, and the prisoner to be tried,
and that you will duly administer
justice, according to the provisions
ot " An act establishing rules and ar
ticles for the government of the ar
mies of the U nited States.' without
partiality, favour or affection ; and if
any doubt shall arise, not explained
by said articles, according; to your
conscience, thej?bcst of your under
standing, and the custom of war in
like cases ; and you do further swear,
that"you. will not divulge the sen
tence of the court until it shall b?.
published by the proper authority ;
.tteithar will you disclose or discover
rthe yote or opinion of any particular
memaer 01 me court martial, unless
required to give evidence thereof as
a witness, ny a court 01 lustice, in a
t. r .
due course of law. So hdpyou God'
And as soon asthe said oaih shaii
have been administered to the re
spective merabersMthe Presidentiit
the Court shall administer to tfie
judge advocate, or person officiating
as such, an oath irt the following
words :
" You A. Bp do swar, that, you
will not disclose or discover trVe vote
0r opinion of any particular member
of tke court martial, ui.kss required
to give evidence thereof as a witness,
by a court of justice in due course of
law. Nor divulge the sentenceof
the court to any but the proper au
thority, until it shall be duly disclosed
by the same. :Sa help you God.'
Article 70. When any prisoner
arraigned before a general court mar
tial shall, from obstinacy and delibe
rate design, stand mute, or answer
foreign to the purpose, the court may
nmr.ppfl tn trial and itm-r.nr oc 5
the prisoner r.ad regularly pleaded
of I)
! Article 71. When a member shall
be challenged by a prisoner, he must
s'tate-.his cause of challenge, of which
he court shail, afterdue deliberation
determine the relevancy or validity,
and decide accordingly ; anE.no chal-
'enge to more than one member at a
Kiime, shall be received by the court.
rucic (z4xn ine memoers or a
court martial are to behave with de
cency and calmness ; and in giving C
:heir votes, aj(to-nbegin with the -
youngest'- in cpMjhission. ' "
Article 73. ' All persons who, give
-vidence before a court maftiil, are
tq be examined on oath or afHrma
lion in the following form : H
" You swear or affirm (as the case
may be) the evidence you shall give!
n the cause now in hearing shall le
die truth, the-whole trutlr ai d no- -rhingbut
the tryth. So he'iyou God"
Article 74i On the trials of cases
not capital, before courts martial, fh'e
deposition of witnesses not in the'line
or staff of the army, may be taken
before some justice of the peace, and
read in evidence, provided the pro- t
seedter and person accused are pre
sent at the taking of the same, or are
duly notified thereof.
Article 7 5. No officer shall be tried y
but by a general court martial, nor i
by officers of an inferiorVank; if it :
can be avoided. Nor shall anyspro x'
ceedings or trials be carried onex--fj
cepting between the hourst of eight
i:i the morning, and three in the af '
ternoon, excepting m cases which, in
the opinion of the officer'appoinling
the court martial, require immediate
example. - " '
Article 76. No person whatsoever
shall use any menacing words, signs
or gestures, in presence of a court
martial, or shall cause any disorder
or riot, or disturb their proceedings,
on the penally of being punished at
the discretion f the court martial.
Art. 77. Whenever any officer
shall be charged with a crite, he .
shall be arrested and confined in his ,.
barracks, quarters, or tents, and de
prived of his sword by the command
ing officer. And any officer who
shall IaRve his 'confinement b;fonj
he shall be set at libcny by his com
manding officer, or by a supcricr of
ficer, shall be cashiered.
Article 78. Non-commissioned of
ficers and soldiers, charged with
crimes, shall be confined, until tried
ay a court martial or released by
proper authority.
Article 79.. No" officer or soldier
who shall be put )n arrest, shall con
tinue in confine mt more than eight
days, or until suctvtirafas a court
martial can be asscmblea.
Article 80. No otecer commrncV
mg a guard, or provost martit-.l, shall
1 cfuse to receive or keep ahy prisoner
committed to his charge, by an offi
cer belonging to the forces of the
United States j provided the officer
committing, shall, at tha same time,
deliver an account in writing, signed
by himself, of the crime with which
ihe said pri5o;icr is cha'ged."
Article 3 1 . No officer commandL
ing a gudrd, or provost martial,, shi I
J presume to release any person cm
I mittrd to his charge, without ropr
1 auitivt 11 i'jl m ijutug. iir Mldli He
sufft-r any person to es ape, on the
penalty of bsi n,g puni? hed for i t by
tlfe sentence of a court .married.
Article S 2. Every officer or -pro
vost martial,", to' whose charge pri
soners shad be committed, shall ni
in weuty-lour hours after such; com
mitment, or as sv.on as he shall be .
relieved from -his guard, make re- '
port in writing, to the commuting -officer,
of .their names, their c nines,
and the names of the officers, wha
w........wv 1:1c p.Jiiuiij
i ham 0" ntirilhfd ff.V lunKurt.- ,.m
neglect, ate discretion of a c ;urt
marti.d.
, Article 83. Any commissioned ,f
Ecer convicted before a general couit
martial of conduct unbecoming an
officer nnd a gentleman, shail be
dismissed the service.
Article .84 In cases where a court
martial may tmnk it proper to st n
tence. a commissioned officer to be
suspended from com maiul, they sii;.dl
have, power also to suspend his. p: y
and emoluments lor the same tinw,
according to the nature and heincus
ness of the offence. -
Article 85. In all cases where a
it? .."Tr-r- : rr ,
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v i.
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