Page images
PDF
EPUB

be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

ARTICLE VI.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence.

ARTICLE VII.

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved ; and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

ARTICLE VIII.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

ARTICLE IX.

The enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

ARTICLE X.

The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

ARTICLE XI.

The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

ARTICLE XII.*

1. The electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted: the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by statės, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.

* See article 2, section 1, clause 3.

2. The person having the greatest number. of votes. as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President: a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice.

3. But no person constitutionally ineligible to the office of President, shall be eligible to that of Vice-President of the United States.

[ocr errors][merged small][merged small]

Resolved, That from and after the publication of the following articles, in the respective armies of the United States, the rules and articles by which the said armies have heretofore been governed, shall be, and they are hereby repealed.

*SECTION I.

ARTICLE 1. That every officer who shall be retained in the All officers retainarmy of the United States, shall, at the time of his acceptance these rules and of his commission, subscribe these rules and regulations.

regulations,

* These rules and articles with their supplements, were adopted for the army of the United States, under the constitution, and remained in force till 1806, when they were repealed and supplied--See chap, 11, sec. 4, chap. 12, sec, 13, and chap. 53, sec. 3.

haviour.

Disine service- Art. 2. It is earnestly recommended to all officers and solpenalty for misbe diers diligently to attend divine service: and all officers and sol

diers who shall behave indecently, or irrevelently, at any place of divine worship, shall, if commissioned officers, be brought before a 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; for the second offence, he shall not only forfeit a like sum, but be confined for twenty-four hours; and, for every like offence, shall suffer and pay in like manner; which money, so forfeited, shall be applied to the use of the sick soldiers of the troop or

company to which the offender belongs. Profane swearing- ART. 3. Whatsoever non-commissioned officer or soldier penalty therefor.

shall use any profane oath or execration, shall incur the penalties expressed in the foregoing article; and if a commissioned officer be thus guilty of profane cursing or swearing, he shall forfeit and pay, for each and every such offence, two-thirds of a

dollar. Chaplain-penalty Art. 4. Every chaplain who is commissioned to a regiment,

company, troop, or garrison, and shall absent himself from the said regiment, company, troop, or garrison, (excepting in case of sickness or leave of absence) shall be brought to a courtmartial, and 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 most proper.

for undue absence.

SECTION II.

Traitorous or disre. spectful words

Contempt or disre

Art. 1. Whatsoever officer or soldier shall presume to use against congress or traitorous or disrespectful words against the authority of the state legislatures. United States in Congress assembled, or the legislature of any

of the United States in which he may be quartered, if a commissioned officer, he shall be cashiered; if a non-commissioned officer or soldier, he shall suffer such punishment as shall be inflicted upon him by the sentence of a court-martial.

ART. 2. Any officer or soldier who shall behave himself with per al wardie the contempt or disrespect towards the general, or other commangeneral-in-chief

der-in-chief of the forces of the United States, or shall speak words tending to his hurt or dishonor, shall be punished according to the nature of his offence, by the judgment of a court

martial. Mutiny-penalty Art. 3. Any officer or soldier who shall begin, excite, cause

or join in any mutiny, or sedition, in the troop, company, or regiment to which he belongs, or in any other troop or company in the service of the United States, or in any part, post, detachment, or guard, on any pretence whatsoever, shall suffer death, or such other punishment as by a court-martial shall be

inflicted. Suppression of Art. 4. Any officer, non-commissioned officer, or soldier, mutiny-penalig who, being present at any mutiny or sedition, does not use his

therefor.

endeavors.

utmost endeavor to suppress the same, or coming to the know- for omitting utmost ledge of any intended mutiny, does not, without delay, give information thereof to his commanding officer, shall be punished by a court-martial with death, or otherwise, according to the nature of the offence.

Art. 5. Any officer or soldier who shall strike his superior Resistance to miliofficer, or draw, or shall lift up any weapon, or offer any vio- obedience of lawful lence against 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:

commands.

SECTION III.

ART. 1. Every non-commissioned officer and soldier, who Articles of war to shall enlist himself in the service of the United States, shall at administered to rethe time of his so enlisting, or within six days afterwards, have frenits on enlistthe articles for the government of the forces of the United States read to him, and shall, by the officer who enlisted him, 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, if conscientiously scrupulous about taking an oath:

I swear, or affirm; (as the case may be,) to be true to the Oath. United States of America, and to serve them honestly and faithfully against all their enemies or opposers whatsoever; and to observe and obey the orders of the Continental Congress, and the orders of the generals and officers set over me by them.'.

Which justice or magistrate is to give the officer a certificate, signifying that the man enlisted, did take the said oath or affirmation.

ART. 2. After a 'non-commissioned officer or soldier shall Discharge of nonhave been duly enlisted and sworn, he shall not be dismissed cers and soldiers. the service without a discharge in writing; and no discharge granted to him, shall be allowed of as sufficient, which is not signed by a field officer of the regiment into which he was enlisted, or commanding officer, where no field officer of the regiment is in the same state.

SECTION IV.

Art. 1. Every officer commanding a regiment, troop, or Musters. company, shall, upon the notice given to him by the commissary of musters, or from one of his deputies, assemble the regiment, troop, or company under his command, in the next convenient place for their being mustered.

Furloughs to non

Absentees at musters-certificates in relation to.

Art. 2. Every colonel or other field officer commanding the fecers holdiefs regiment, troop or company, and actually residing with it,

may by whom granted. give furloughs to non-commissioned officers and soldiers, in

such numbers, and for so long a time, as he shall judge to be most consistent with the good of the service; but no non-commissioned. officer or soldier shall, by leave of his captain, or inferior officer, commanding the troop or company (his field officer not being present) be absent above twenty days in six months, nor shall more than two private men be absent at the same time from their troop or company, excepting some extraordinary occasion shall require it, of which occasion the field officer, present with, and commanding the regiment, is to be the judge.

ART. 3. At every mušter, the commanding officer of each regiment, troop, or company, there present, shall give to the commissary, certificates, signed by himself, signifying how long such officers, who shall not appear at the said muster, have been absent, and the reason of their absence; in like manner, the commanding officer .of every troop or company shall give certificates, signifying the reasons of the absence of the noncommissioned officers and private soldiers; which reasons, and time of absence, shall be inserted in the muster rolls opposite to the names of the respective absent officers and soldiers: The said certificates shall, together with the muster rolls, be remitted by the commissary to the Congress, as speedily as the distance of place will admit.

Art. 4. Every officer who shall be convicted before a general court-martial of having signed a falșe certificate, relating to the absence of either officer or private soldier, shall be cashiered.

Art. 5. Every officer who shall knowingly make a false muster of man or horse, and every officer or commissary who shall willingly sign, direct, or allow the signing of the muster rolls, wherein such false muster is contained, shall, upon proof made thereof by two witnesses before a general court-martial, be cashiered, and shall be thereby utterly disabled to have or hold any office or employment in the service of the United

States. Commissary of mus- Art. 6. Any commissary who shall be convicted of having ney by way of grati- taken money, or any other thing, by way of gratification, on the

mustering any regiment, troop, or company, or on the signing the muster rolls, shall be displaced from his office, and shall be thereby utterly disabled to have or hold any office or employment, under the United States.

ART. 7. Any officer who shall presume to muster any person as a soldier, who is, at other times, accustomed to wear a livery, or who does not actually do his duty as a soldier, shall be deemed guilty of having made a false muster, and shall suffer accordingly.

False certificate.

False musters, pe

nalty therefor.

ters

fication.

Musters of persons not soldiers.

« PreviousContinue »