CHAPTER 52. An act in addition to "An act for fixing the military peace establishment of the United States." surgeon's mates ed, to be attached SEC. 1. Be it enacted by the Senate and House of Represen- Not exceeding six tatives of the United States of America, in Congress assembled, may be appoint That there shall be appointed, in addition to the surgeon's mates to garrisons or provided for by the "Act fixing the military peace establishment posts, &c. of the United States," as many surgeon's mates, not exceeding six, as the President of the United States may judge necessary, to be attached to garrisons or posts, agreeably to the provisions of the said act. malt liquor, or low wines, may be supphite dofnu, ope. instead rum, &c. SEC. 2. And be it further enacted, That an equivalent in an equivalent in malt liquor, or low wines, may be supplied the troops of the United States, instead of the rum, whiskey, or brandy, which, by the said act, is made a component part of a ration, at such posts and garrisons, and at such seasons of the year, as, in the opinion of the President of the United States, may be necessary for the preservation of their health. [Approved, March 26, 1804.] CHAPTER 53. An act for establishing rules and articles for the government of the armies of the United States.f by which the ar SEC. 1. Be it enacted by the Senate and House of Representa- Rules and articles tives of the United States of America, in Congress assembled, mies of the United That, from and after the passing of this act, the following shall States are to be be the rules and articles by which the armies of the United passing of this act. States shall be governed: governed,after the subscribe these lations. ARTICLE 1. Every officer now in the army of the United Every officer to States shall, in six months from the passing of this act, and rules and reguevery officer who shall hereafter be appointed shall, before he enters on the duties of his office, subscribe these rules and regulations. reverently, under fine, &c. ART. 2. It is earnestly recommended to all officers and sol- Officers & soldiers diligently to attend diers diligently to attend divine service, and all officers who divine service, and shall behave indecently or irreverently at any place of divine behave decently & worship shall, if commissioned officers, be brought before a pain of reprimand, general court-martial, there to be publicly and severely reprimanded by the president; if non-commissioned 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; * Original act, chapter 49. 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. Reprimand, fine, &c. for using pro 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. ART. 3. Any non-commissioned officer or soldier who shall fane oaths, or exe- use any profane oath or execration, shall incur the penalties excrations, &c. pressed in the foregoing article; and a commissioned officer shall forfeit and pay, for each and every such offence, one dollar, to be applied as in the preceding article. cept, &c. liable to &e. Chaplains absent- ART. 4. Every chaplain, commissioned in the army or armies ing themselves,ex of the United States, who shall absent himself from the duties fine or discharge, assigned him, (excepting in cases of sickness or leave of absence) shall, on conviction thereof before a court-martial, be fined not exceeding one month's pay, besides the loss of his pay during his absence; or be discharged, as the said court-martial shall judge proper. Officers using contemptuous words dent, Vice Presi ed, &c. and non ART. 5. Any officer or soldier who shall use contemptuous against the Presi- or disrespectful words against the President of the United States, dent, Congress, against the Vice President thereof, against the Congress of the &c. to be cashier- United States, or against the Chief Magistrate or legislature of commissioned offi- any of the United States in which he may be quartered, if a suffer punishment commissioned officer, shall be cashiered, or otherwise punished, by sentence of a as a court-martial shall direct; if a non-commissioned officer or soldier, he shall suffer such punishment as shall be inflicted on him by the sentence of a court-martial. cers & soldiers to court-martial. Officers or soldiers behaving with dis respect towards ART. 6. Any officer or soldier who shall behave himself with contempt or disrespect towards his commanding officer, shall be cers, to be punish- punished, according to the nature of his offence, by the judged by judgment of ment of a court-martial. commanding offi court-martial. Death, &c. for be ginning or exciting mutiny, &c. Officers or soldiers present at a muti deavoring to press it, &c. to punished with death, or otherwise, &c. ART. 7. Any officer or soldier who shall begin, excite, cause, or join in, any mutiny or sedition in any troop or in company 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. ART. 8. Any officer, non-commissioned officer, or soldier, ny, and not en- who, being present at any mutiny or sedition, does not use his be utmost endeavor to suppress the same, or coming to the knowledge of any intended mutiny, does not, without delay, give information thereof to his commanding officer, shall be punished by the sentence of a court-martial, with death, or otherwise, according to the nature of his offence. Officers or soldiers striking a supe death, or other ART. 9. Any officer or soldier who shall strike his superior rior, &c. to suffer officer, or draw or lift up any weapon or offer any violence against punishment, &c. him, being in the execution of his office, on any pretence whatsoever, or shall disobey any lawful 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. Non-commis ART. 10. Every non-commissioned officer or soldier, who the articles the armies read to oath, &c. shall enlist himself in the service of the United States, shall, at stoned officers and the time of his so enlisting, or within six days afterwards, have reles for le the articles for the government of the armies of the United government of the States read to him, and shall, by the officer who enlisted him, them, and take an or by the commanding officer of 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, Form of the oath. do solemnly 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 armies of the United States:" Which The justice, &c. justice, magistrate, or judge advocate, is to give the officer a cate that the oath certificate, signifying that the man enlisted did take the said oath or affirmation. to give a certifi was taken. ed officers and dismissed the ser ting. ficient unless officer, &c. ART. 11. After a non-commissioned officer or soldier shall Non-commissionhave been duly enlisted and sworn, he shall not be dismissed soldiers not to be the service without a discharge in writing; and no discharge vice without granted to him shall be sufficient, which is not signed by a field discharge in wriofficer of the regiment to which he belongs, or commanding No discharge sufofficer where no field officer of the regiment is present; and signed by a field no discharge shall be given to a non-commissioned officer, or discharge, &c. soldier, before his term of service has expired, but by order of before the term of service has expirthe President, the secretary of war, the commanding officer of ed, but by order of a department, or the sentence of a general court-martial; nor Commissioned of shall a commissioned officer be discharged the service but by ficers not to be discharged the order of the President of the United States, or by sentence of a service but by orgeneral court-martial. No the President, &c. der of the President, &c. quartered with &c. may give fur ficers or soldiers, Captains, &c. loughs to non cers or soldiers, ART. 12. Every colonel, or other officer, commanding a regi- Colonels, &c. ment, troop, or company, and actually quartered with it, may their regiments, give furloughs to non-commissioned officers or soldiers, in such loughs to nonnumbers, and for so long a time, as he shall judge to be most commissioned of consistent with the good of the service; and a captain, or other &c. inferior officer, commanding a troop or company, or in any gar- commanding, &c. rison, fort, or barrack, of the United States, (his field officer be- may give furing absent) may give furloughs to non-commissioned officers or commissioned offisoldiers, for a time not exceeding twenty days in six months, for 20 days in six but not to more than two persons to be absent at the same time, excepting some extraordinary occasion should require it. ART. 13. At every muster, the commanding officer of regiment, troop, or company, there present, shall give to commissary of musters, or other officer who musters the regiment, troop, or company, certificates signed by himself, nifying how long such officers, as shall not appear at the muster, have been absent, and the reason of their absence. like manner, the commanding officer of every troop, or each months, but not, &c. At every muster the commanding officers, &c. to missary of mus the sive to the comsaid ters, certificates, sig- how long officers said have been absent, In and the reason of com- Commanding off &c. signifying not appearing it. certificates of the vates, &c. cers of troops or pany, shall give certificates, signifying the reasons of the abcompanies to give sence of the non-commissioned officers and private soldiers, absence of pri- which reasons, and time of absence, shall be inserted in the muster rolls, opposite the names of the respective absent officers The certificates, and soldiers. The certificates shall, together with the muster to the department rolls, be remitted, by the commissary of musters, or other officers mustering, to the department of war, as speedily as the distance of the place will admit. &c. to be remitted of war, &c. Officers convicted false certificates, ART. 14. Every officer who shall be convicted, before a geof having signed neral court-martial, of having signed a false certificate, relating &c. to be cash- to the absence of either officer or private soldier, or relative to his or their pay, shall be cashiered. iered. false musters, or Officers making ART. 15. Every officer who shall knowingly make a false signing false mus- muster of man or horse, and every officer or commissary of be cashiered and musters who shall willingly sign, direct, or allow, the signing of disabled to hold muster rolls, wherein such false muster is contained, shall, upon any office, &c. Commissaries of musters, &c. con money, or other signing muster proof made thereof by two witnesses, before a general courtmartial, be cashiered, and shall be thereby utterly disabled to have or hold any office or employment in the service of the United States. ART. 16. Any commissary of musters, or other officer, who victed of taking shall be convicted of having taken money, or other thing, by gratification, on way of gratification, on mustering any regiment, troop, or commustering, or pany, or on signing muster rolls, shall be displaced from his ofrolls, to be dis- fice, and shall be thereby utterly disabled to have or hold any office or employment in the service of the United States. Officers mustering ART. 17. Any officer who shall presume to muster a person who are not sol- as a soldier, who is not a soldier, shall be deemed guilty of havguilty of a false ing made a false muster, and shall suffer accordingly. placed, &c. persons as soldiers diers, deemed muster, &c. false the the department cashiered. ART. 18. Every officer who shall knowingly make a false Officers making return to the department of war, or to any of his superior officers, authorized to call for such returns, of the state of the regiment, troop, or company, or garrison, under his command; or of the arms, ammunition, clothing, or other stores, thereunto belonging, shall, on conviction thereof before a court-martial, be cashiered. Commanding officers of regiments, every month, to war, an exact re ment, &c. speci ART. 19. The commanding officer of every regiment, troop, &c. to remit in or independent company, or garrison, of the United States, the beginning of shall, in the beginning of every month, remit, through the prothe department of per channels, to the department of war, an exact return of the turn of the regi regiment, troop, independent company, or garrison, under his fying the names of command, specifying the names of the officers then absent from officers absent,&c. their posts, with the reasons for, and the time of, their absence. Officers neglect- And any officer who shall be convicted of having, through turns, to be pun- neglect or design, omitted sending such returns, shall be punished, according to the nature of his crime, by the judgment of a general court-martial. ing to send re ished, &c. ART. 20. All officers and soldiers who have received pay, or have been duly enlisted, in the service of the United States, diers convicted of and shall be convicted of having deserted the same, shall suffer Officers and sol death, or such other punishment as, by sentence of a court-mar- desertion, &c. to tial, shall be inflicted.* suffer death or other punishment, ART. 21. Any non-commissioned officer or soldier who shall, &c. without leave from his commanding officer, absent himself from sioned officers or his troop, company, or detachment, shall, upon being convicted themselves withthereof, be punished, according to the nature of his offence, at punished, &c. the discretion of a court-martial. soldiers absenting out leave, to be sioned officers or regiment, &c. Officers knowing ART. 22. No non-commissioned officer or soldier shall en- Non-commis list himself in any other regiment, troop, or company, without soldiers not to ena regular discharge from the regiment, troop, or company, in list in any other which he last served, on the penalty of being reputed a deser- without a regular ter, and suffering accordingly. And in case any officer shall discharge. knowingly receive and entertain such non-commissioned officer ly receiving deor soldier, or shall not, after his being discovered to be a deser- giving notice, &c. ter, immediately confine him, and give notice thereof to the corps in which he last served, the said officer shall, by a courtmartial, be cashiered. serters, &c. or not to be cashiered. to desert, to suffer ART. 23. Any officer or soldier who shall be convicted of Officers orsoldiers having advised or persuaded any other officer or soldier to de- persuading others sert the service of the United States, shall suffer death, or such death, or other punishment, &c. other punishment as shall be inflicted upon him by the sentence of a court-martial. ART. 24. No officer or soldier shall use any reproachful or officers or soldiers provoking speeches or gestures to another, upon pain, if an offi- using reproachful cer, of being put in arrest; if a soldier, confined, and of ask- speeches, etc. to ing pardon of the party offended, in the presence of his commanding officer. or provoking or confined, &c. Officers and sol send or accept challenges, on pain a of being chashier diers neither to ART. 25. No officer or soldier shall send a challenge to another officer or soldier, to fight a duel, or accept a challenge, if sent, upon pain, if a commissioned officer, of being cashiered; if non-commissioned officer or soldier, of suffering corporeal pun- ed, or of suffering ishment, at the discretion of a court-martial. corporeal punishment, &c. sons to go forth to deemed princi ART. 26. If any commissioned or non-commissioned officer, Officers commandcommanding a guard, shall knowingly or willingly suffer any per- ingly suffering pering guards, knowson whatsoever to go forth to fight a duel, he shall be punished fight duels, to be as a challenger; and all seconds, promoters, and carriers, of punished as challengers; and sechallenges, in order to duels, shall be deemed principals, and be conds, &c. to be punished accordingly. And it shall be the duty of every officer, pals, &c. commanding an army, regiment, company, post, or detachment, Every officer commanding an army, who is knowing to a challenge being given, or accepted by any regiment, &c. officer, non-commissioned officer, or soldier, under his command, knowing to a challenge being given, or has reason to believe the same to be the case, immediately to &c. to arrest and bring offenders to arrest and bring to trial such offenders. a trial, &c. quarrels, frays, ART. 27. All officers, of what condition soever, have power All officers have to part and quell all quarrels, frays, and disorders, though the power guys, persons concerned should belong to another regiment, troop, or &c. company; and either to order officers into arrest, or non-commissioned officers or soldiers into confinement, until their proper superior officers shall be acquainted therewith; and who * Modified by act of 28th May, 1830-See chapter 148. |