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ARTICLES OF WAR.
AN ACT FOR ESTABLISHING RULES AND ARTICLES FOR THE GOV
ERNMENT OF THE ARMIES OF THE UNITED STATES.*
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, from 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 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 officers, be brought before a general court martial, there to be publicly and severely reprimanded by the president; if non-commissioned
* These rules and articles, with the exceptions indicated by the notes anuexed to articles 10, 20, 65, and 87, remain unaltered, and are in force at present.
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 offender 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.
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 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.
Art. 5. Any officer or soldier who shall use contemptuous or disrespectful words against the President of the United States, against the Vice President thereof, against the Congress of the United States, or against the chief magistrate 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 inartial shall direct; if a non-commissioned officer or soldier, he shall suffer such punishment as shall be inflicted on him by the sentence of a court martial.
ART. 6. Any officer or soldier who shall behave himself with contempt or disrespect toward his commanding officer, shall be punished according to the nature of his offence, by the judgment of a court martial.
Art. 7. Any officer or soldier who shall begin, 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.
Art. 8. Any officer, non-commissioned officer, or 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 his superior officer, or draw or lift up any weapon, or offer any violence against him, being in the execution 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.
Art. 10. Every non-commissioned officer or soldier, who shall enlist himself in the service of the United States, shall at the time of his so enlisting, or within six days afterward, 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 of the army,* or, where recourse cannot 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 Presi
* By section 11 of chap. 42, August 3d, 1861, the oath of enlistment and reënlistment may be administered by any commissioned officer of the army.
dent 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 to the officer a certificate signifying that the man enlisted did take the said oath or affirmation.
ART. 11. After a non-commissioned officer or soldier shall have been duly enlisted and sworn, he shall not be dismissed the service without a discharge in writing; and no discharge granted 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 non-commissioned officer or soldier before his term 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 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.
Art. 12. Every colonel, or other officer commanding a regiment, troop, or company, and actually quartered with it, may give furloughs to non-commissioned officers or soldiers, in such numbers, and for so long a time, as he shall judge to be most consistent with the good of the service; and a captain, or other inferior officer, commanding a troop or company, or in any garrison, fort, or barrack of the United States (his field officer being absent), may give furloughs to non-commissioned officers or soldiers, for a time not exceeding twenty days in six months, but not to more than two persons to be absent at the same time, except some extraordinary occasion should require it.
ART. 13. At every muster, the commanding officer of each regiment, troop, or company, there present, shall give to the commissary of musters, or other officer who musters the said regiment, troop, or company, certificates signed by
himself, signifying how long such officers as 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 reason of the absence of the non-commissioned officers and private soldiers; which reasons and time of absence shall be inserted in the muster rolls, opposite the names of the respective absent officers and soldiers. The certificates shall, together with the muster rolls, be remitted by the commissary of musters, or other officer mustering, to the Department of War, as speedily as the distance of the place will admit.
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 a false muster of man or horse, and every officer or commissary of musters who shall willingly sign, direct, or allow the signing of 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. 16. Any commissary of musters, or other officer, who shall be convicted of having taken money or other thing, by way of gratification, on mustering any regiment, troop, or company, or on signing muster rolls, shall be displaced from his office, and shall be thereby 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.
ART. 18. Every officer who shall knowingly make a