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CHAPTER 2.

In CongressSeptember 20, 1776.

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States, the rules and articles by which the said armies have heretofore been governed,* shall be, and they are, hereby repealed.

f SECTION I.

Article 1. That every officer who shall be retained ^SuSiTiiE in the army of the United States, shall, at the time ofs«ibe'th«,-ruiej his acceptance of his commission, subscribe these rules" resua'om' and regulations.

Art 2. It is earnestly recommended to all officers ravine wrviceand soldiers diligently to attend divine service: and all anS°JSSty for officers and soldiers who shall behave indecently, or ir-mW>d»""orreverently, at any place of divine worship, shall, if commissioned officers, be brought before a general courtmartial, 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.

Art. 3 Whatsoever non-commissioned officer or sol-Profane swe«rdier shall use any profane oath or execration, shall in-uSbTM''' cur the penalties expressed in the foregoing article; and if a commissioned officer be thus guilty of profane cursing or swearing, lie shall forfeit and pay, for each and every such offence, two-thirds of a dollar.

Art. 4. Every chaplain who is commissioned to a re- chnpiain-pe

, , - , , ,, , nalty for undue

gnnent, company, troop, or garrison, and shall absentaineiice.
himself from the said regiment, company, troop, or gar-
rison, (excepting in case of sickness or leave of absence)
shall be brought to a court-martial, and be fined not ex-
ceeding one month's pay, besides the loss of his pay

* See resolutions of 30th of June, and 7th of November, 1775—contained in supplement to this volume.

t 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were adopted for the army of the United States, under the constitution, and remained in force till 1806, when they were repealed and supplied—See chap. 11, sec. 4, and chap. 50, sec. 3.

during his absence, or be discharged, as Ihe said courtmartial shall judge most proper.

SEC! ION II. •i-»itorTM« or Art. 1. Whatsoever officer or soldier shall ni-e

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woiMi agiimt sume tii use traitorous or disrespectful words against 'i$!IZ£.MKI** authority of the United States in Cong-ess assembled, or the legislature of any of the United States in which he may lie quartered, if a commissioned officer, lie shall be cashiered: if a non-commissioned officer or soldier, he shall suffer such punishment as shall he inflicted upon him liy the senteni e of a curt martial, contempt or oil- Art. 2. Any officer or soldier who shall heha\c himS'lSieSa-ill?* se'f w',n «'«»ntempt or disrespect towards the general, or «h»t:f. other commander-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-ma'-Hal. Mutiny-penally Art. 3. Any officer or soldier who shall begin, extoercior. rj^Cj rause ol. j0j„ {„ anv lnu(j„v ,,,. serlition, I'll 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 bo inflicted. auppr«rionor A,lT- 4- Any officer, non-com missioned officer, or solidutiMj-uenaitydier, who, being present at any miitinv or sedition, does

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Uh>» cndw'on.not use Ins utmost endeavor to suppress the same, or coming to the knowledge of any intended mutiny, docs 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. Reuunnce to Art. 5. Any officer or soldier who shall strike his rilSurSE" superior officer, or draw, or shall lift up any weapon, or Klrt. "fer a"y ^"lTM^ against him, being in thc'executioi. 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.

SECTION III.

Artideiorwj.ART* l* Even.v non-commissioned officer and solto be read, and dier, who shall enlist himself in the service of the United ttr'edi'o'r^ruui states, shall at the time of his so cnli ting, or within mcaibcMK. bix days afterwards, have the articles for'the governtnent of the forres of the United States reail to him, arid 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 recow se cannot be had to the civil magistrate, before the judge-advocate, anil, in his presence, shall take the following oath, or affirmation, if conscientiously scrupulous about taking an oath:

I swear, or affirm, (as the rase, may be.) to be true tooath. 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 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.

Akt. 2. After a non-commissioned officer or soldierDUctrarge ot shall have been duly enlisted and sworn, he shall not XTrn^T be dismissed the service without a discharge in writing; *°|<K«l« 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 lie 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, Mustm, troop, or rompany, 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 musft red.

Akt 2. Every colonel or other field officer com Furlough, M mantling Ihe regiment, troop or company, and actually e(i ,,mcersan<i residing with it. may give furloughs to non commis ^'"'i^'itd* sioned officers and soldiers, in such numbers, and for s0 whom grained, 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 ot* company, excepting some extraordinary occasion shall

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require it, of which orrasion the field officer, present with, and commanding the regiment, is to be the judge.

Art. 3. At every muster, 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 non-com missioned officers and private soldiers; which reasons, and time tif 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 false 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.

Art 6. Any commissary who shall be convicted of having 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 he 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.

SECTION V.

Kaire return,. Art. 1. Every officer who shall knowingly make a false return to the Congress, or any committee thereof, to the commander-in-chief of the forces of the United States, or to any, his superior officer, authorized to call

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lor such returns, of the state of the regiment, troop, or company, or garrison, under his command, or of arms, ammunition, clothing, or other stores thereunto belonging, shall, by a court martial, be cashiered.

Art. 2. The commanding officer of every reeiment. Mo"th,yret"n"

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troop, or independent company, or garrison of the congress and United States, shall, in the beginning of every month,in cWeHjemity remit to the commander-in-chief of the American forces, for,aill're' ami to the Congress, an exact return of the state of the rgginient, troop, independent company, or garrison under his command, specifying the names of the officers not then residing at their posts, and the reason for, and time of, their absence: Whoever shall be convicted of having, through neglect or design, omitted the sending sucli returns, shall be punished according to the nature of his crime, by the judgment of a general court martial.

SECTION VI.

Art. 1. All officers and soldiers who, having DetertMn-pe. received pay, or having been duty enlisted in the service of the United States, shall be convicted of having deserted the same, shall suffer death, or such other punishment as by a court martial shall be inflicted.

Art. 2. Any non-commissioned officer or soldier, AbsCTI« witim* who shall, without leave from his commanding officer, absent himself from his troop or company, or from any detachment with which he shall be commanded, shall, upon being convicted thereof, be punished, according to the nature of his offence, at the discretion of a court martial.

Art. 3. No non-commissioned officer or soldier shall Re-eniisting be

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enlist lumselt in any other regiment, troop or company, a>«ned d«trwithout a regular discharge from the regiment, troopentmSg'd,'

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or company, in which he last served, on the penalty of being reputed a deserter, and suffering accordingly: And in case any officer shall, knowingly, receive and entertain such non-commissioned officer or soldier, or shall not, after his being discovered to be a deserter, immediately confine him, and give notice thereof to the rorps in which he last served, he, the said officer so offending, shall, by a court martial, be cashiered.

Art. 4. Whatsoever officer or soldier shall be con- Adviiing de*rvicied of having advised or persuaded any other officer'""'■ or soldier to desert the service of the United States, shall suffer such punishment as shall be inflicted upon him by the sentence of a court martial.

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