privates in the army of the United States; and the same bounty when enlisted for five years, and to be subject to the rules and articles of war.* authorized to al mentioned not dolls. for clerk SEC. 4. And be it further enacted, That the president The president of the United States be, and he is hereby, authorized to low to the officers allow to the paymaster of the army, the adjutant and exceeding 3 000 inspector of the army, and the military agent at Philadelphia, such sums, not exceeding, in the whole, three thousand dollars, for clerk hire, as their respective duties may, in his opinion. reasonably require. [Approved, February 28, 1803.] hire, &c. CHAPTER XLVIII. An act directing a detachment from the militia of the United States, and for erecting certain arsenals. [EXTRACT.] priited for erects arsenals on the SEC 5. And be it further enacted, That twenty-five 825.000 approthousand dollars be appropriated for erecting, at sucking me or more place or places, on the western waters, as the president western waters, may judge most proper, one or more arsenals; and that &c. the president cause the same to be furnished with such arms, ammunition, and military stores, as he may deem necessary. [Approved, March 3, 1803.] CHAPTER XLIX. An act in addition to "An act for fixing the military peace establishment of the United States "§ six surgeon's poited, to be at sons or posis, &c. SEC. 1. Be it enacted by the Senate and House of Re- Not exceeding presentatives of the United States of America in Congress mates y be ap assembled, That there shall be appointed, in addition to tached to garrithe surgeon's mates provided for by the "Act fixing the military peace establishment 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 provision of the said act. SEC. 2. And be it further enacted, That an equivalent *See chapter 67, section 1. Superseded by subsequent provisions in the civil list. The residue of this act relates exclusively to detaching a body of militia, and is, therefore, not inserted here. §Original act, chapter 46. low wines, may troops, instead of rum, &c. An equivalent in in malt liquor, or low wines, may be supplied the troops malt liquor.or of the United States, instead of the rum, whiskey, or be supplied the 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.] Rules and arti armies of the U CHAPTER L. An act for establishing rules and articles for the government of the armies of the United States.* SEC. 1. Be it enacted by the Senate and House of Recles by which the presentatives of the United States of America in Congress States are to be 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: governed, after the passing of this act. Reprimand. fine. &e for using profane oaths, or execrations, &c. ARTICLE 1. Every officer now in the army of the United States shall, in six months from the passing of this act, and every officer who shall 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 officers and soldiers diligently to attend divine service, and all officers who shall behave indecently or irreverently at any place of divine worship shall, if commissioned oflicers, 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 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 of fender belongs. ART. 3. Any non-commissioned officer or soldier who shall use any profane oath or execration, shall incur the penalties expressed 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. *These rules and articles, with the exception indicated by the note annexed to article 87, remain unaltered and in force at present. selves, except, or discharge, &c. ART. 4. Every chaplain, commissioned in the army chaplains, abor armies of the United States, who shall absent himselfsenting themfrom the duties assigned him, (excepting in cases of &c. liable to fine 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. be cashiered, &c. ART. 5. Any officer or soldier who shall use con- officers using temptuous or disrespectful words against the president o contemptuous of the United States, against the vice president thereof, the president, vice president, against the congress of the United States, or against congress, &c. to the chief magistrate or legislature of any of the United and non-commis 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 non commissioned officer of a court-maror soldier, he shall suffer such punishment as shall be inflicted on him by the sentence of a court-martial. sioned officers and soldiers to suffer punishment by sentence tial. Officers or sol with disrespect ART. 6. Any officer or soldier who shall behave him- diers behaving self with contempt or disrespect towards his command- towards coming officer, shall be punished, according to the nature of to be punished his offence, by the judgment of a court-martial. manding officers, by judgment of court martial. beginning &c. or ex ART. 7. Any officer or soldier who shall begin, excite, Death, &c. for cause, or join in, any mutiny or sedition in any troop eng mutiny, 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. not endeavoring &c. to be punish ed with death, or otherwise, &c. ART. 8. Any officer, non-commissioned officer, or Officers or soldiers, present at soldier, who, being present at any mutiny or sedition, a mutiny, and does not use his utmost endeavor to suppress the same, to suppress it, 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. suffer death, or ment, &c. ART. 9. Any officer or soldier who shall strike his Officers or soldiers striking a superior officer, or draw or lift up any weapon or offer superior, &c. to any violence against him, being in the execution of his other punishoffice, 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. ed officers and ART. 10. Every non-commissioned officer or sol- Non-commissiondier, who shall enlist himself in the service of the United soldiers to have States, shall, at the time of his so enlisting, or within the articles for of the armies read to them, &c. Form of the oath. to give a certifieate that the eath was taken. ed officers and the government six days afterwards, have the articles for the govern ment of the armies of the United States read to him, and take an oath, 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 caunot be had to the civil magistrate, before the judge advocate, and, in his presence, shall take the following 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:" The justice, &c. 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. Non-commission- ART. 11. After a non-commissioned officer or solsoldiers not to be dier shall have been duly enlisted and sworn, he shall dismissed the ser not be dismissed the service without a discharge in writing; and no discharge granted to him shall be suffi No discharge suf- cient, which is not signed by a field officer of the regisigned by a field ment to which he belongs, or commanding officer where no field officer of the regiment is present; and no dis&c. before the charge shall be given to a non-commissioned officer, or has expired, but soldier, before his term of service has expired, but by orpresident, &c. der of the president, the secretary of war, the commandficers not to being officer of a department, or the sentence of a general discharged the court-martial; nor shall a commissioned officer be disorder of the pre- charged the service but by order of the president of the United States, or by sentence of a general court-martial. ART. 12. Every colonel, or other officer, commandtheir regiments, ing a regiment, troop, or company, and actually quar&c. may give tered with it, may give furloughs to non-commissioned furloughs to noncommissioned of officers or soldiers, in such numbers, and for so long a time, as he shall judge to be most consistent with the Captains, &c. good of the service; and a captain, or other inferior offi&c. may give cer, commanding a troop or company, or in any garri furtoughs to noncommissioned of. Son, fort, or barrack, of the United States, (his field of fers or soliers, cer being absent) may give furloughs to non-commissix months, but sioned officers or soldiers, for a time not exceeding vice without a discharge in writing. ficient uniess officer, &c. No discharge, term of service by order of the Commissioned of service but by sident, &c. Colonels, &c. quartered with ficers or soldiers, &c. commanding, 20 days in not, &c. twenty days in six months, but not to more than two persons to be absent at the same time, excepting some extraordinary occasion should require it. the commanding missary of mus &c. signifying have been ab son of it. Commanding officers of troops ART. 13. At every muster, the commanding officer At every muster of each regiment, troop, or company, there present, shal! officer, &e. to give to the commissary of musters, or other officer who give to the commusters the said regiment, troop, or company, certifi- ters, certificates, cates signed by himself, signifying how long such offi- how long officers cers, as shall not appear at the said muster, have been not appearing absent, and the reason of their absence. In like man- sent, and the reaner, the commanding officer of every troop, or company, shall give certificates, signifying the reasons of the ab- or companies to sence of the non-commissioned officers and private sol- of the absence of diers, which reasons, and time of absence, shall be in- privates, &c. serted in the muster rolls, opposite the name of the respective absent officers and soldiers. The certificates The certifi shall, together with the muster rolls, be remitted, by the cares. &c. to be commissary of musters, or other officer mustering, to department of the department of war, as speedily as the distance of the place will admit. give certificates remitted to the war, &c. officers convietof having tificates, &c. to signed false cer be cashiered. false musters, or ART. 14. Every officer who shall be convicted, before a general court-martial, of having signed a false certificate, relating to the absence of either officer or private soldier, or relative to his or their pay, shall be cashiered. ART. 15. Every officer who shall knowingly make officers making a false muster of man or horse, and every officer or com- signing false missary of musters who shall willingly sign, direct, or muster rolls &c. allow, the signing of muster rolls, wherein such false and disabled to muster is contained, shall, upon proof made thereof by &c. 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. to be cashiered, hold any office, musters, &c. con money, or other ART. 16. Any commissary of musters, or other offi- Commissaries of cer, who shall be convicted of having taken money, or victed of taking other thing, by way of gratification, on mustering any gratification, on regiment, troop, or company, or on signing muster rolls, mustering, or shall be displaced from his office, and shall be thereby rolls, to be dis utterly disabled to have or hold any office or employment in the service of the United States. ART. 17. Any officer who shall presume to muster a person as a soldier, who is not a soldier, shall be deemed guilty of having made a false muster, and shall suffer accordingly. signing muster placed, &c. officers musterhiers who are not soldiers, ing persons as deemed guilty of officers making the department ART. 18. Every officer who shall knowingly make a false return to the department of war, or to any of his false returns to superior officers, authorized to call for such returns, of of war, &c. to the state of the regiment, troop, or company, or garrison, under his command; or of the arms, ammunition, cloth be cashiered. |