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delinquent be published in the newspapers, in and about the camp, and of the particular state from which the offender came, or usually resides; after which it shall be deemed scandalous for any officer to associated with him.

ART. 23. The commanding officer of any post or detachment, Commanders of in which there shall not be a number of officers adequate to form the necessity for a general court-martial, shall, in cases which require the cogni-eneral couriamar: zance of such a court, report to the commanding officer of the of departments, &c. department, who shall order a court to be assembled at the nearest post or detachment, and the party accused, with the necessary witnesses, to be transported to the place where the said court shall be assembled.

Art. 24. No person shall be sentenced to suffer death, ex- Sentence of death cept in the cases expressly mentioned in the aforegoing articles; poreal punishment. nor shall more than one hundred lashes be inflicted on any offender at the discretion of a court-martial.

Every judge-advocate, or person officiating as such, at any Proceedings of gegeneral court-martial, shall transmit, with as much expedition tial to be tied in as the opportunity of time and distance of place can admit, the war office. original proceedings and sentence of such court-martial, to the secretary at war, which said original proceedings and sentence, shall be carefully kept and preserved in the office of the said secretary, to the end, that persons entitled thereto, may be enabled, upon application to the said office, to obtain copies thereof.

The party tried by any general court-martial, shall be entitled Party tried entitled to a copy of the sentence and proceedings of such court-martial after a decision on the sentence, upon demand thereof made by himself, or by any person or persons in his behalf, whether such sentence be approved or not.

Art. 25. In such cases, where the general, or commanding Courts of inquiry-officer

organization-rules may think

proper to order a court of inquiry, to examine into the nature of any transaction, accusation, or imputation, powers. against any officer or soldier, the said court shall be conducted conformably to the following regulations: It may consist of one or more officers, not exceeding three, with the judge-advocate, or a suitable person, as a recorder, to reduce the proceedings and evidences to writing, all of whom shall be sworn to the faithful performance of their duty. This court shall have the same power to summon witnesses as a court-martial, and to examine them on oath; but they shall not give their opinion on the merits of the case, excepting they shall be thereto specially required. The parties accused shall also be permitted to crossexamine and interrogate the witnesses, so as to investigate fully the circumstances in question.

Art. 26. The proceedings of a court of inquiry must be au- Proceedings may be thenticated by the signature of the recorder and the president, dence by courtsand delivered to the commanding officer; and the said proceed- martial, cui ings may be admitted as evidence, by a court-martial, in cases prohibited unless not capital or extending to the dismission of an officer; pro-accused. vided, that the circumstances are such that oral testimony cannot be obtained. But as courts of inquiry may be perverted to

of proceeding, and

and witnesses.

Desertions to be

dishonorable purposes, and may be considered as engines of destruction to military merit, in the hands of weak and envious commandants, they are hereby prohibited, unless demanded by

the accused. Oaths of members, Art. 27. The judge-advocate, or the recorder, shall adminjudge-advocate,

ister to the members the following oath:

“You shall well and truly examine and inquire, according to your evidence, into the matter now before you, without favor or affection. So help you God.”

After which the president shall administer to the judge-advocate, or recorder, the following oath:

"You A. B. do swear, that you will, according to your best abilities, accurately and impartially record the proceedings of the court, and the evidences to be given in the case in hearing. Sq; help you God.

The witnesses shall take the same oath as is directed to be administered to witnesses sworn before a court-martial.

Resolved, That when any desertion shall happen from the ported to the com- troops of the United States, the officer commanding the regi

ment or corps to which the deserters belonged, shall be responsible, that an immediate report of the same shall be made to the commanding officer of the forces of the United States present.

Resolved, That the commanding officer of any of the forces vigorously pursued, in the service of the United States, shall, upon report made to papers, and reward him of any desertions in the troops under his orders, cause the ed for the appre- most immediate and vigorous search to be made after the de

serter or deserters, which may be conducted by a commissioned or non-commissioned officer, as the case shall require. That, if such search should prove ineffectual, the officer commanding the regiment or corps to which the deserter or deserters belonged, shall insert, in the nearest gazette or newspaper, an advertisement, descriptive of the deserter or deserters, and offering a reward, not exceeding ten dollars, for each deserter who shali be apprehended and secured in any of the gaols of the neighboring states. That the charges of advertising deserters, the reasonable extra expenses incurred by the person conducting the pursuit, and the reward, shall be paid by the secretary at war, on the certificate of the commanding officer of the troops.

manding officer present.

Deserters to be

CHAPTER 9.

In CongressOctober 3, 1787.

WHEREAS the time for which the greater part of the troops on the frontiers are engaged, will expire in the course of the ensuing year,

those in service.

*

raised for 3 ytars.

Resolved, That the interests of the United States require that 700 troops shall be a corps of 700 troops should be stationed on the frontiers to pro- frontiers. tect the settlers on the public lands from the depredations of the Indians; to facilitate the surveying and selling of the said lands, in order to reduce the public debt, and to prevent all unwarrantable intrusions thereon.

Resolved, That in order to save the great expense of trans- Re-enlistment of porting new levies to the distant frontiers of the United States, and also to avail the public of the discipline and knowledge of the country, acquired by the troops on the frontiers, it is highly expedient to retain as many of them as shall voluntarily re-engage

in the service. Resolved, That 700 non-commissioned officers and privates 700 troops shall be be raised for the term of three years, unless sooner discharged, and that the same be furnished in the proportions herein specified, by the states which raised the troops agreeably to the requisitions of Congress, of April, 1785:7 Connecticut 165,

New York,

165 New Jersey,

110,

Pennsylvania, 260 That the commissioned officers for the said troops be furnished by the said states, agreeably to the present proportions.

That the organization of the said troops, together with the Organization. two companies of artillery raised by virtue of the resolves of Congress of the 20th of October, 1786, be according to the present establishment, to wit: one regiment of infantry of eight companies, each company four sergeants, four corporals, two musicians, and sixty privates; and one battalion of artillery, of four companies, each company four sergeants, four corporals, two musicians, and sixty privates.

That the secretary at war make the necessary arrangements, from time to time, to replace the men on the frontiers whose engagements shall expire.

That the said troops shall be governed by such rules and articles of war as ar or shall be established by Congress, or a committee of the states.

That the pay and allowances of the said troops be the same Pay & allowances. as directed by the resolve of Congress of April 12, 1785.

CHAPTER 10.

An act to establish an executive department, to be denominated the Department o

War.t

Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled,

* The establishment provided for by these resolutions, was recognized and adopted by an act of Congress under the Constitution-see chapter 11, section 1.

+ See chapter 7.

# Though this act has no direct bearing upon the military service, yet it was thought, that, as it indicates the relation in which the secretary of the war department stands to the army, it would not be out of place here.

.

Department of war established.

Duties of the secretary of war to

o the President's nstructions.

That there shall be an executive department, to be denominated

the department of war; and that there shall be a principal ofSecretary thereof. ficer therein, to be called the secretary for the department of

war, who shall perform and execute such duties as shall, from time to time, be enjoined on, or entrusted to him, by the President of the United States, agrecably to the constitution, relative

to military commissions, or to the land or naval forces,* ships, nclude naval and or warlike stores, of the United States, or to such other matters military affairs.

respecting military or naval affairs, as the President of the United States shall assign to the said department, or relative to the granting of lands to persons entitled thereto, for military services

rendered to the United States, or relative to Indian affairs: And Secretary subject, furthermore, that the said principal officer shall conduct the busi

ness of the said department in such manner as the President of the United States shall, from time to time, order or instruct.

Sec. 2. And be it further enacted, That there shall be in the said department, an inferior officer, to be appointed by the said

principal officer, to be employed therein as he shall deem proper, Chief clerk of the and to be called the chief clerk in the department of war, and department of war.

who, whenever the said principal officer shall be removed from
office by the President of the United States, any
of vacancy, shall, during such vacancy, have the charge and
custody of all records, books, and papers, appertaining to the
said department.

Sec. 3. And be it further enacted, That the said principal war & his clerks. officer, and every other person to be appointed or employed in

the said department, shall, before he enters on the execution of his office or employment, take an oath or affirmation well and

faithfully to execute the trust committed to him. Secretary to take Sec. 4. And be it further enacted, That the secretary for the &c., of the former department of war, to be appointed in consequence of this act, war departments shall, forthwith after his appointment, be entitled to have the

custody and charge of all records, books, and papers, in the office of the secretary for the department of war, heretofore established by the United States in Congress assembled.

[Approved, August 7, 1789.)

or in

other case

His duties.

Oath of office of

CHAPTER 11.

An act to recognize and adapt to the constitution of the United States, the estab

lishment of the troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned.t

Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled,

* So much of this act as vests in the secretary of war, the administration of naval concerns, is repealed by an act of 30th of April, 1798, establishing the navy department.

† Repealed by act of the 30th of April, 1790-see chap. 12, sec. 14.

of troops recog

vates to take oaths.

That the establishment contained in the resolve of the late Con- Establishment or

, regress, of the third day of October, one thousand seven hundred cognized, &c. and eighty-seven,* except as to the mode of appointing the officers, and also as is hereinafter provided, be, and the same is hereby recognized to be the establishment for the troops in the service of the United States.

Sec. 2. And be it further enacted, That the pay and allow- Pay and allowances ances of the said troops, be the same as have been established by nized. the United States in Congress assembled, by their resolution of the 12th of April, one thousand seven hundred and eighty-five.f

SEC. 3. And be it further enacted, That all commissioned Officers and pri and non-commissioned officers, and privates, who are, or shall be, in the service of the United States, shall take the following oaths or affirmations, to wit: “I, A. B., do solemnly swear or affirm, (as the case may be,) that I will support the constitution of the United States.” “I, A. B., do solemnly swear or affirm, Forms of the oaths. (as the case may be,) to bear true allegiance to the 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 President of the United States of America, and the orders of the officers appointed over me.

Sec. 4. And be it further enacted, That the said troops shall Troops to be be governed by the rules and articles of war, which have been ed rules and articles established by the United States in Congress assembled, or by such rules and articles of war as may hereafter by law be established.

Sec. 5. And be it further enacted, That, for the purpose of President may call protecting the inhabitants of the frontiers of the United States tect against Indians, from the hostile incursions of the Indians, the President is hereby authorized to call into service, from time to time, such part of the militia of the states, respectively, as he may judge necessary for the purpose aforesaid; and that their pay and subsistence, while in service, be the same as the pay and subsistence Pay, &c. of militia of the troops abovementioned.

Sec. 6. And be it further enacted, That this act shall con- Limitation of this tinue, and be in force, until the end of the next session of Congress, and no longer.

[Approved, September 29, 1789.]

of war, &c.

&c.

in serviee.

act,

CHAPTER 12.

An act for regulating the Military Establishment of the United States.§

Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled,

* See chapter 9.
† See chapter 7.
# See chapter 2, with supplements 3, 4, 6, and 8.

& Repealed and supplied by act of 3d March, 1795; which recognized and continued the then existing establishment—see chapter 24.

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