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ARTICLES OF WAR.

War.

SECTION 1342.-The armies of the United States Articles of shall be governed by the following rules and articles. The word officer, as used therein, shall be understood to designate commissioned officers ; the word soldier shall be understood to include non-commissioned officers, musicians, artificers and privates, and other enlisted men, and the convictions mentioned therein shall be understood to be convictions by court-martial.

subscribe these

articles.

ARTICLE 1.-Every officer now in the Army of the oficers shan United States shall, within six months from the passing of this Act, and every officer hereafter appointed shall, before he enters upon the duties of his office, subscribe these rules and articles.

read to recruits.

ART. 2.—These rules and articles shall be read to Articles to be every enlisted man at the time of, or within six days after his enlistment, and he shall thereupon take an oath of affirmation, in the following form : “I, A. B., do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will 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 of war.” This oath may be taken before any commissioned officer of the army.

ART. 3.-Every officer who knowingly enlists or mus-omcers making ters into the military service any minor over the age of

listments sixteen years without the written consent of his parents or guardians, or any minor under the age of sixteen

unlawful en

years, or any insane or intoxicated persons, or any deserter from the military or naval service of the United States, or any person who has been convicted of any infamous criminal offense, shall, upon conviction, be dismissed from the service, or suffer such other pun

ishment as a court-martial may direct. Discharges. ART. 4.—No enlisted man, duly sworn, shall be

discharged from the service without a discharge in writing, signed by a field-officer of the regiment to which he belongs, or by the commanding officer, when no field-officer is present; and no discharge shall be given to any enlisted man before his term of service has expired, except by order of the President, the Secretary of War, the commanding officer of a department, or by sentence of a general court-martial.

Art. 5.-Any officer who knowingly musters as a soldier a person who is not a soldier, shall be deemed guilty of knowingly making a false muster, and pun

ished accordingly.* Taking money ART. 6.—Any officer who takes money, or other on mustering

thing, by way of gratification, on mustering any regiment, troop, battery, or company, or on signing muster rolls, shall be dismissed from the service, and shall thereby be disabled to hold any office or employment in the service of the United States.

Mustering per-
BODS not sol-

diers.

Returns of regiments,

etc.

ART. 7.—Every officer commanding a regiment, an independent troop, battery or company, or a garrison, shall, in the beginning of every month, transmit through the proper channels, to the Department of War, an exact return of the same, specifying the names of the officers then absent from their posts, with the reasons for and the time of their absence. And any officer who, through neglect or design, omits to send such returns, shall, on conviction thereof, be punished as a court-martial may direct.

ART. 8.-Every officer who knowingly makes a false 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.

False returns.

* See Article 14.

ART. 9.—All public stores taken from the enemy Captured

stores secured shall be secured for the service of the United States ; for public serand for neglect thereof the commanding officer shall be answerable.

vice.

ity for arins,

etc.

ART. 10.—Every officer commanding a troop, bat- Accountabil. tery, or company, is charged with the arms, accoutrements, ammunition, clothing or other military stores belonging to his command, and is accountable to his colonel in case of their being lost, spoiled, or damaged otherwise than by unavoidable accident, or on actual service.

ART. 11.–Every officer commanding a regiment or Furloughs. an independent troop, battery, or company, not in the field, may, when actually quartered with such command, grant furloughs to the enlisted men, in such numbers and for such time as he shall deem consistent with the good of the service. Every officer commanding a regiment, or an independent troop, battery, or company, in the field, may grant furloughs not exceeding thirty days at one time, to five per centum of the enlisted men, for good conduct in the line of duty, but subject to the approval of the commander of the forces of which said enlisted men form a part. Every company officer of a regiment, commanding any troop, battery, or company, not in the field, or commanding in any garrison, fort, post, or barrack, may, in the absence of his field officer, grant furloughs to the enlisted men, for a time not exceeding twenty days in six months and not to more than two persons to be absent at the same time.

Musters.

ART. 12.-At every muster of a regiment, troop, battery, or company, the commanding officer thereof

shall give to the mustering officer certificates, signed by himself, stating how long absent officers have been absent, and the reasons of their absence. And the commanding officer of every troop, battery, or company shall give like certificates, stating how long absent non-commissioned officers and private soldiers have been absent, and the reasons of their absence. Such reasons and time of absence shall be inserted in the muster-rolls opposite the names of the respective absent officer and soldiers, and the certificates, together with the muster-rolls, shall be transmitted by the mustering officers to the Department of War, as speedily as the distance of the place and muster will admit.

False certifi

cates.

ART. 13.—Every officer who signs a false certificate, relating to the absence or pay of an officer or soldier, shall be dismissed from the service.

False muster.

ART. 14.-Any officer who knowingly makes a false muster of man or horse, or who signs, or directs, or allows the signing of any muster-roll, knowing the same to contain a false muster, shall, upon proof thereof by two witnesses, before a court-martial, be dismissed from the service, and shall thereby be disabled to hold any office or employment in the service of the United States.

Allowing mil. ART. 15.-Any officer who, willfully or through itary stores to be damaged. neglect, suffers to be lost, spoiled, or damaged, any

military stores belonging to the United States, shall make good the loss or damage, and be dismissed from the service.

Wasting ammunition.

ART. 16.--Any enlisted man who sells or, willfully or through neglect, wastes the ammunition delivered out to him, shall be punished as a court-martial may direct.

Losing or ART. 17.-Any soldier, who sells or, through neglect spoiling accoutrements, loses or spoils his horse, arms, clothing, or accoutre

ments, shall suffer such stoppages, not exceeding onehalf of his current pay, as a court-martial may deem

etc.

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