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arms, shall be cashiered for it; any non-commissioned nurd « other officer or soldier so offending, shall suffer such corpo- y" real punishment as shall be inflicted by the sentence of a court-martial.
Art. 6. Whatever sentinel shall be found sleeping upon his post, or shall leave it before he shall be regu-semine>, ,i«eplarly relieved, shall suffer death, or such other punish-,"EOapos'' mcnt as shall be inflicted by the sentence of a courtmartial.
Art. 7. No soldier belonging to any regiment, troop, or company, shall hire another to do his duty for him, Hiring ofduty. or be excused from duty, but in case of sickness, disability, or leave of absence; and every such soldier found guilty of hiring his duty, as also the party so hired to do another's duty, shall be punished at the next regimental court-martial.
Art. 8. And every non-commissioned officer conniving at such hiring of duty as aforesaid, shall be re- connivinjor-tnc duced for it; and every commissioned officer, knowing In"g ° ul>' and allowing of such ill-practices in the service, shall be punished by the judgment of a general court-martial.
Art. 9. Any person, belonging to the forces employed in the service of the United States, who, by discharging False alarms. of fire-arms, drawing of swords, beating of drums, or by any other means whatsoever, shall occasion false » alarms in camp, garrison or quarters, shall suffer death, or such other punishment as shall be ordered by the sentence of a general court-martial.
Art. 10. Any officer or soldier who shall, without urgent necessity, or without the leave of his superior offi- Q«i"mg the cer, quit his platoon or division, shall be punished, ac-TM" cording to the nature of his offence, by the sentence of a court-martial.
Art. 11. No officer or soldier shall do violence to any person who brings provisions or other necessaries violence to t»to the camp, garrison or quarters of the forces oftheders* United States employed in parts out of said states, on pain of death, or such other punishment as a court-martial shall direct.
Art. 12. Whatsoever officer or soldier shall misbe-cowardice. have himself before the enemy, or shamefully abandon any post committed to his charge, or shall speak words inducing others to do the like, shall suffer death.
Art. 13. Whatsoever officer or soldier shall misbe- Mhwuviour have himself before the enemy, and run away, or J^T^ vTM' shamefully abandon any fort, post or guard, which he *"<*victory. or they shall be commanded to defend, or speak words
inducing others to do the like; or who, after victory, shall quit his commanding officer, or post, to plunder and pillage; every such offender, being duly convicted thereof, shall be reputed a disobeyer of military orders; and shall suffer death, or such other punishment, as, by a general court-martial, shall be inflicted on him. c»«inK away Art. 14. Any person, belonging to the forces of the «riu>,8w. United States, who shall cast away his arms and ammunition, shall suffer death, or such other punishn>ent as shall be ordered by the sentence of a general courtmartial. imparting watch art- ] 5« Any person, belonging to the forces of the wurd to per- United States, who shall make known the watch-word
•ons not entitled . . . , , . ,.
toreceive it. to any person who is not entitled to receive it according to the rules and discipline of war, or shall presume to give a parole or watch-word different from what he received, shall suffer death, or such other punishment as shall be ordered by the sentence of a general courtmartial.
Art. 16. All officers and soldiers are to behave themselves orderly in quarters, and on their march; and whosoever shall commit any waste or spoil, either in emnniit'wastaor walks of trees, parks, warrens, fish-ponds, houses or gardens, corn-fields, enclosures or meadows, or shall maliciously destroy any property whatsoever belonging to the good people of the United States, unless by order of the then commander-in-chief of the forces of the said states, to annoy rebels or other enemies in arms against said states, he or they that shall be found guilty of offending herein, shall (besides such penalties as they are liable to by law) be punished according to the nature and degree of the offence, by the judgment of a regimental or general court-martial.
Art. \7, Whosoever, belonging to the forces of the United States, employed in foreign parts, shall force a safe-guard, shall suffer death.
Art. 18. Whosoever shall relieve the enemy with money, victuals, or ammunition, or shall knowingly harbor qr protect an enemy, shall suffer death, or such other punishment as by a court martial shall be inflicted. Art. 19. Whosoever shall be convicted of holding correspondence with, or giving intelligence to the enemy, either directly or indirertly, shall suffer death, or such other punishment as by a court-martial shall be inflicted. public .tore, Art. 20. All public stores taken in the enemy's Scen'ely!1"" camp, towns, forts or magazines, whether of artillery,
Officers anil soldiers to beliave orderly in quarters and on marches—not to
spoil unless by order of the commander in chief.
Forcing safe guards.
Relieving the enemy.
Holding correspondence with tlte enemy.
ammunition, clothing, forage or provisions, shall be secured for the servire of the United States; for the neglect of which the commanders-in-chief are to be answerable.
Art. 21. If any officer or soldier shall leave his post Leaving postor
; 11.111IH i-olors in search
or colors to go in search ot plunder, he shall uponofphmder.
Art. 22. If any commander of any garrison, fortress Post, rorcib|y or post, shall be compelled by the officers or soldiers53?*^"* under his command, to give up to the enemy, or to abandon it, the commissioned officers, non-commissioned officers, or soldiers, who shall be convicted of having so offended, shall suffer death, or such other punishment as shall be inflicted upon them by the sentence of a court-martial.
Art. 23. All sutlers and retainers to a camp, and all sntier,ami re
, . -.i J.i • e ±i tamers subject to
persons whatsoever serving with the armies ot the orders.
Art. 24. Officers having brevets, or commissions of Brevtaand for. a prior date to those of the regiment in which they nowj,"TM!. serve, may take place in courts-martial and on detach- '"'•' :efl '• merits, when composed of different corps, according to the ranks given them in their brevets or dates of their former commissions; but in the regiment, troop, or company to which such brevet officers and those who have commissions of a prior date do belong, they shall do duty and take rank both on court-martial and on detachments which shall be composed only of their own corps, according to the commissions by which they are mustered in the said corps.
Art. 25 If upon marches, guards, or in quarters, Troop, joining different corps shall happen to join or do duty together,on TM»«.-iiw, ° the eldest officer by commission there, on duty, or in quart*r»-eide« quarters, shall command the whole, and give out orders "S'tii'e *Z for what is needful to the service; regard being always "XiT> had to the several ranks of those corps, and the posts "eM,.ful to "»>
. u * * service.
they usually occupy.
Art. 26. And in like manner also, if any regiments. Tr°°Ps marchtroops, or detachments of horse or foot, shall happen tol!|tX^E march with, or be encamped or quartered with any bo- JS^wcwp, dies or detachments of other troops in the service of thest]||!"vlLhTMn'aua United States, the eldest officer, without respect to corps, shall take upon him the command of the whole, and give the necesary orders to the service.
Art. I. A general court-martial in the United States shall not consist of less than thirteen commissioned officers, and the president of such court-martial shall not be the commander-in-chief or commandant of the garrison where the offender shall he tried, nor he under the degree of a field officer.
Art. 2. The members both of general and regimental courts-martial shall, when belonging to different corps, take the same rank which they hold in the army; but when courts-martial shall be composed of officers of one corps, they shall take their ranks according to the dates of the commissions, by which they are mustered in the said corps.
Art. 3. The judge advocate general, or some person deputed by him, shall prosecute in the name of the United States of America; and in trials of offenders by general courts-martial, administer to each member the following oaths:
"You shall well and truly try and determine, according to your evidence, the matter now before you, between the United States of America, and the prisoners to he tried. So help you God.
"You A. B. do swear, that you will duly administer justice according to the rules and articles for the better government of the forces of the United States of America, without partiality, favor, or affection; and if any doubt shall arise, which is not explained by the said articles, according to your conscience, the best of your understanding, and the custom of war in the like cases. And you do further swear, that you will not divulge the sentence of the court, until it shall be approved of by the general, or commander-in-chief; neither will you, upon any account, at any time whatever, disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof as a witness by a court of justice, in a due course of law. So help you God."
And as soon as the said oath shall have been administered to the respective members, the president of the court shall administer to the judge-advocate, or person officiating as such, an oath in the following words:
<'You A. B. do swear, that you will not, upon any ac
• This section, and such articles as relate to the holding of courtsmartial and confirmation of sentences, were repealed and supplied by resolutions of the 31st of May, 1786—See chap. 8.
count, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the courtmartial, unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you God."
Art. 4. All the members of a court-martial are to Behaviour of behave with calmness and decency; and in the giving of S'rfioSHg. their votes, are to begin with the youngest in commission.
Art. 5. All persons who give evidence before a ge- witnesses to be
i . ■ i ii -i ..Li examined on
neral court martial, are to be examined upon oath; and oath—two-thirds no sentence of death shall be given against any offender SU^T^" hy any general court-martial, unless two-thirds of the"TMTM" of officers present shall concur therein.
Art. 6. All persons called to give evidence, in any witnesses recause, before a court-martial, who shall refuse to give ^?j^° gj£ evidence, shall he punished for such refusal, at the dis-'shabie.' cretion of such court-martial: The oath to be administered in the following form, viz.
"You swear the evidence you shall give in the cause0athofw,t,K«-" now in hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God."
Art. 7. No field-officer shall be tried by any person Fieidofficersunder the degree of a captain; nor shall any proceedings ",^jr|TM,,rsor or trials be carried on excepting between the hours of eight in the morning and of three in the afternoon, except in cases which require an immediate example.
Art. 8. No sentence of a general court-martial shall sentences ofgebe put in execution, till after a report shall be made of 5Sr^,Tm" the whole proceedings to Congress, or to the general or commander-in-chief of the forces of the United States, and their or his directions be signified thereupon *
Art. 9. For the more equitable decision of disputes Dispm„ &. which may arise between officers and soldiers belone:ina:,"ten:";!ividu
■• «■ , ... i ■ •• . ■ ,i , ■ a 8 His of different
to different corps, it is hereby directed, that the courts-coins.
Art. 10. The commissioned officers of every regi-Regimental ment may, by the appointment of their colonel or com-TMTM!,"TM"a"" manding officer, hold regimental courts-martial for the inquiring into such disputes, or criminal matters, as may come before them, and for the inflicting corporeal punishments for small offences, and shall give judgment by the majority of voices; but no sentence shall be ex
* Repealed and supplied by resolution of 14th April, 1777—See chap. 3, art. a.