ARTICLES OF WAR. [1806.] AN ACT for establishing Rules and Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, from and after the passing of this act, the following shall be the rules and articles by which the armies of the United States shall be governed: Art. 1. Every officer, now in the army of the officers to United States, shall, in six months from the subscribe passing of this act, and every officer who shall these rules. hereafter be appointed, shall, before he enters on the duties of his office, subscribe these rules and regulations. Art. 2. It is earnestly recommended to all Misbehaviour officers and soldiers diligently to attend divine at a place of service; and all officers who shall behave inde. worship. cently or irreverently, 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 noncommissioned 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 Profane oaths. Chaplain ab senting himself from his duties. Congress, or state legisla tures. 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 com pany, to the use of the sick soldiers of the company or troop to which the offender belongs. Art. 3. Any noncommissioned officer or sol dier who shall use any profane oath or exe. cration, shall incur the penalties expressed in the foregoing article; and a commissioned offi. cer shall forfeit and pay for each and every such offence, one dollar, to be applied as in the preceding article. Art. 4. Every chaplain, commissioned in the army or armies of the United States, who shall absent himself from the duties assigned him, (excepting in cases of sickness or leave of ab. sence,) shall, on conviction thereof before a court martial, be fined not exceeding one month's pay, besides the loss of his pay during his ab. sence; or be discharged, as the said court martial shall judge proper. Disrespectful Art. 5. Any officer or soldier who shall use words against contemptuous or disrespectful words against the President, the President of the United States, against the Vice President thereof, against the Congress of the United States, or against the chief ma gistrate or legislature of any of the United States, in which he may be quartered, if a commissioned officer, shall be cashiered, or otherwise punished, as a court martial shall direct; if a noncommissioned officer or soldier, he shall suffer such punishment as shall be inflicted on him by the sentence of a court martial. Disrespect of Art. 6. Any officer or soldier who shall becommanding have himself with contempt or disrespect to. wards his commanding officer, shall be punished officer. according to the nature of his offence, by the judgment of a court martial Art. 7. Any officer or soldier who shall be Mutiny. gin, 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. tiny. Art. 8. Any officer, noncommissioned officer, Knowledge of intended muor soldier, who, being present at any mutiny or sedition, does not use his 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. Art. 9. Any officer or soldier who shall strike Striking or his superior officer, or draw or lift up any wea- disobeying su pon, or offer any violence against him, being perior officer. in the execution of his office, on any pretence whatsoever, or shall disobey any lawful com mand 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 noncommissioned officer or These articles soldier, who shall enlist himself in the service to be read to of the United States, shall, at the time of his recruits. so enlisting, or within six days afterwards, have the articles for the government of the armies 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 cruit. of the army, or where recourse cannot be had to the civil magistrate, before the judge advo cate, and in his presence, shall take the followOath of the re, ing oath or affirmation: "I, A B, 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 justice, magistrate, or judge advocate, is to give the officer a certificate, signifying that the man enlisted, did take the said oath or affirmation. Art. 11. After a noncommissioned officer or Discharge of noncommis- soldier, shall have been duly enlisted and sworn, sioned officers he shall not be dismissed the service, without and soldiers. a discharge in writing; and no discharge grant. ed to him shall be 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 be given to a noncommissioned officer or soldier, before his terin of service has expired, but by order of the President, the Secretary of War, the commanding officer of a department, or the sentence of a general court Discharge of martial; nor shall a commissioned officer be discharged the service, but by order of the President of the United States, or by sentence of a general court martial, officers. Furloughs to noncommis Art. 12 Every colonel, or other officer commanding a regiment, troop, or company, and sioned officers actually quartered with it, may give furloughs to noncommissioned officers or soldiers, in such and soldiers. |