Whoever refuses Soever shall refuse to obey such officer, (though of any inferior to obey, &c. to be rank,) or shall draw his sword upon him, shall be punished at the discretion of a general court-martial. punished, &c. Officers or soldiers upbraiding anothchallenge, to be ART. 28. Any officer or soldier who shall upbraid another for er for refusing a refusing a challenge, shall himself be punished as a challenger; punished as chal- and all officers and soldiers are hereby discharged from any dislengers, &c. grace, or opinion of disadvantage, which might arise from their having refused to accept of challenges, as they will only have acted in obedience to the laws, and done their duty as good soldiers, who subject themselves to discipline. Sutlers not permitted to sell li ART. 29. No sutler shall be permitted to sell any kind of quors, &c. after liquors or victuals, or to keep their houses or shops open for nine at night, nor the entertainment of soldiers, after nine at night, or before the reveille, nor on beating of the reveille, or upon Sundays during divine service divine service,&c. or sermon, on the penalty of being dismissed from all future sut before beating of Sundays, during Commanding offi cers to see that soldiers with ling. ART. 30. All officers commanding in the field, forts, barsutlers supply the racks, or garrisons, of the United States, are hereby required to see that the persons permitted to sutle shall supply the soldiers with good and wholesome provisions, or other articles, at a reasonable price, as they shall be answerable for their neglect. wholesome pro visions, &c. Officerscommanding in garrisons, exact exorbitant lers, nor be inte ART. 31. No officer commanding in any of the garrisons, forts, &c. not to forts, or barracks, of the United States, shall exact exorbitant prices for houses, prices for houses or stalls let out to sutlers, or connive at the &c. let out to sut-like exactions in others; nor, by his own authority, and for rested in the sale his private advantage, lay any duty or imposition upon, or be quors, &c. on pen interested in, the sale of any victuals, liquors, or other necesalty of being dis- saries of life, brought into the garrison, fort, or barracks, for the use of the soldiers, on the penalty of being discharged from the service. of victuals, li charged. Commanding officers, to keep good order, redress abuses, and see reparation made to the parties injured, &c. When any com missioned officer crime,or of having ART. 32. Every officer commanding in quarters, garrisons, or on the march, shall keep good order, and, to the utmost of his redress all abuses or disorders, which may be compower, mitted by any officer or soldier under his command. If, upon complaint made to him, of officers or soldiers beating, or otherwise ill treating, any person, of disturbing fairs or markets, or of committing any kinds of riots, to the disquieting of the citizens of the United States, he, the said commander, who shall refuse or omit to see justice done to the offender or offenders, and reparation made to the party or parties injured, as far as part of the offender's pay shall enable him or them, shall, upon proof thereof, be cashiered, or otherwise punished, as a general court-martial shall direct. ART. 33. When any commissioned officer or soldier shall or soldier is accus- be accused of a capital crime, or of having used violence, or ed of a capital committed any offence, against the persons or property of any committed any of citizen of any of the United States, such as is punishable by persons or proper- the known laws of the land, the commanding officer, and the commanding officers of every regiment, troop, or company, to which the perofficers, etc., are son or persons so accused shall belong, are hereby required, fence against the ty of citizens, &c. plication, etc., to endeavors to de trate, etc. upon application duly made by, or in behalf of, the party or required upon apparties injured, to use their utmost endeavors to deliver over use their utmost such accused person or persons, to the civil magistrate, and liver the accused likewise to be aiding and assisting to the officers of justice in to the civil magisapprehending and securing the person or persons so accused, in order to bring him or them to trial. If any commanding officer if any commandor officers shall wilfully neglect, or shall refuse, upon the appli- neglects or refuses cation aforesaid, to deliver over such accused person or persons, the accused, etc., to the civil magistrates, or to be aiding and assisting to the offi- he is to be cash cers of justice in apprehending such person or persons, the officer or officers, so offending, shall be cashiered. ing officer, etc., to deliver over iered. himself wronged and, upon applica plain to the gene amine into the ART. 34. If any officer shall think himself wronged by his If any officer think colonel, or the commanding officer of the regiment, and shall, by his colonel, etc. upon due application being made to him, be refused redress, he tion, is refused remay complain to the general, commanding in the state or terri- dress, he may comtory where such regiment shall be stationed, in order to obtain ral, who is to exjustice; who is hereby required to examine into the said com- complaint, etc. plaint, and take proper measures for redressing the wrong complained of, and transmit, as soon as possible, to the department of war, a true state of such complaint, with the proceedings had thereon. If any inferior of wronged by his to complain to the cer of the regi ART. 35. If any inferior officer or soldier shall think himself ficer or soldier wronged by his captain, or other officer, he is to complain think himself thereof to the commanding officer of the regiment, who is here- captain, etc. he is by required to summon a regimental court-martial, for the doing commanding offijustice to the complainant; from which regimental court-mar-ment, who is retial, either party may, if he thinks himself still aggrieved, ap-quired to summon peal to a general court-martial. But if, upon a second hearing, the appeal shall appear vexatious and groundless, the person, If the appeal apso appealing, shall be punished at the discretion of the said pear vexatious, the court-martial. court-martial; ap peal, etc. person appealing may be punished, etc. Commissioned of ers, etc. convicted order, etc. any ART. 36. Any commissioned officer, storekeeper, or commissary, who shall be convicted, at a general court-martial, of hav- ficers, store-keeping sold, without a proper order for that purpose, embezzled, of having sold misapplied, or wilfully, or through neglect, suffered any of the without a proper provisions, forage, arms, clothing, ammunition, or other military provisions, forage, stores, belonging to the United States, to be spoiled or damaged, ligently suffered shall, at his own expense, make good the loss or damage, and any of them to be shall, moreover, forfeit all his pay, and be dismissed from the make good the service. arms, etc. or neg spoiled, etc. to loss, forfeit pay, etc. sioned officers or wasted ammuni punished. ART. 37. Any non-commissioned officer or soldier who shall Non-commisbe convicted, at a regimental court-martial, of having sold, or soldiers convicted designedly, or through neglect, wasted the ammunition delivered of having sold or out to him, to be employed in the service of the United States, tion, ete. to be shall be punished at the discretion of such court. ART. 38. Every non-commissioned officer or soldier who shall be convicted, before a court-martial, of having sold, lost, soldiers convicted or spoiled, through neglect, his horse, arms, clothes, or accou- lost, or spoiled, trements, shall undergo such weekly stoppages (not exceeding clothes, etc. to unthe half of his pay) as such court-martial shall judge sufficient dergo weekly stop Non-commissioned officers or of having sold, their horses, arms, pages of pay, etc. of embezzlement or them for the pay for repairing the loss or damage; and shall suffer confinement, or such other corporeal punishment as his crime shall de serve. ART. 39. Every officer who shall be convicted, before a Officers convicted court-martial, of having embezzled or misapplied any money, misapplication of with which he may have been intrusted for the payment of the money intrusted to men under his command, or for enlisting men into the service, ment of men, etc. to for other purposes, if a commissioned officer, shall be cashiered, compelled to re- and compelled to refund the money; if a non-commissioned ofmissioned officers, ficer, shall be reduced to the ranks, be put under stoppages unto be reduced, etc. til the money be made good, and suffer such corporeal punishment as such court-martial shall direct. be cashiered, and fund; if non-com Every captain of a troop or company arms, accoutre ART. 40. Every captain of a troop, or company, is charged accountable for the with the arms, accoutrements, ammunition, clothing, or other ments, etc. belong- Warlike stores, belonging to the troop or company under his ing to the company command, which he is to be accountable for to his colonel, in or troop, etc. case of their being lost, spoiled, or damaged, not by unavoidable accidents, or on actual service. found one mile Non-commissioned ART. 41. All non-commissionéd officers and soldiers who officers and soldiers shall be found one mile from the camp without leave, in from camp without writing, from their commanding officer, shall suffer such etc. to suffer pun- punishment as shall be inflicted upon them by the sentence of a court-martial. leave in writing, ishment, etc. No officer or soldier ters, etc. without ART. 42. No officer or soldier shall lie out of his quarters, to lie out of quar- garrison, or camp, without leave from his superior officer, upon penalty of being punished, according to the nature of his offence, by the sentence of a court-martial. leave, etc. Non-commissioned officers and soldiers ART. 43. Every non-commissioned officer and soldier shall to retire to their retire to his quarters or tent at the beating of the retreat; in detents at the beating fault of which he shall be punished according to the nature of of the retreat, etc. to the place of pa ed by sickness, etc. his offence. No officer orsoldier ART. 44. No officer, non-commissioned officer, or soldier, to fail in repairing shall fail in repairing, at the time fixed, to the place of parade, rade, if not prevent- of exercise, or other rendezvous, appointed by his commanding nor leave it before officer, if not prevented by sickness, or some other evident nebeing regularly dismissed, etc. cessity; or shall go from the said place of rendezvous, without leave from his commanding officer, before he shall be regularly dismissed, or relieved, on the penalty of being punished, according to the nature of his offence, by the sentence of a court-martial. Any commissioned officer found drunk cashiered; and sol ART. 45. Any commissioned officer who shall be found on guard, etc. to be drunk on his guard, party, or other duty, shall be cashiered. diers, etc. in that Any non-commissioned officer or soldier so offending, shail sufcase, to suffer cor- fer such corporeal punishment as shall be inflicted by the sentence of a court-martial. on their posts, etc. Sentinels sleeping ART. 46. Any sentinel who shall be found sleeping upon his to suffer death, etc. post, or shall leave it before he shall be regularly relieved, shall suffer death, or such other punishment as shall be inflicted by the sentence of a court-martial. No soldier to hire ART. 47. No soldier belonging to any regiment, troop, or duty for him, or be company, shall hire another to do his duty for him, or be ex another to do his cases of sickness,etc. cused from duty, but in cases of sickness, disability, or leave of excused, but in 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 discretion of a regimental court-martial. officers conniving at reduced, and com ART. 48. And every non-commissioned officer conniving at Non-commissioned such hiring of duty aforesaid, shall be reduced; and every com- hiring of duty, to be missioned officer, knowing and allowing such ill practices in the missioned officers, service, shall be punished by the judgment of a general court- ing it, to be punish martial. knowing and allow ed, etc. casions false alarms fer death, or other ART. 49. Any officer belonging to the service of the United Any officer who ocStates, who, by discharging of fire-arms, drawing of swords, in camp, etc. to suf beating of drums, or by any other means whatsoever, shall oc- punishment. casion 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. without urgent ne quitting guard, etc. to be punished, etc. Officers and soldiers ART. 50. Any officer or soldier who shall, without urgent Officers or soldiers, necessity, or without the leave of his superior officer, quit his cessity or leave, guard, platoon, or division, shall be punished, according to the nature of his offence, by the sentence of a court-martial. ART. 51. No officer or soldier, shall do violence to any per- not to do violence son who brings provisions or other necessaries to the camp, to persons bringing garrison, or quarters, of the forces of the United States, em- etc. out of the Uniployed in any parts out of the said States, upon pain of death, of death, etc. or such other punishment as a court-martial shall direct. provisions to camp, ted States, on pain who misbehave be etc. to suffer ART. 52. Any officer or soldier, who shall misbehave him- Officers or soldiers self before the enemy, run away, or shamefully abandon any fore the enemy, run fort, post, or guard, which he or they may be commanded to death, or other pundefend, or speak words inducing others to do the like; or shall ishment, etc. cast away his arms and ammunition, or who shall quit his post or colors to plunder and pillage, every such offender, being duly convicted thereof, shall suffer death, or such other punishment as shall be ordered by the sentence of a general courtmartial. the armies making word, etc. to suffer ishment. pun ART 53. Any person belonging to the armies of the United Persons belonging to States, who shall make known the watch word to any person known the watch who is not entitled to receive it, according to the rules and dis- death, or other cipline 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 court-martial. such as commit mander-in-chief, etc. ART. 54. All officers and soldiers are to behave themselves Officers and soldiers to behave orderly in orderly in quarters, and on their march; and whosoever shall quarters, etc. and commit any waste or spoil, either in walks of trees, parks, war waste, etc. unless by rens, fish ponds, houses, or gardens, cornfields, enclosures of order of the commeadows, or shall maliciously destroy any property whatso- etc. to be punished, ever, belonging to the inhabitants of the United States, unless by order of the then commander-in-chief of the armies of the said States, 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-mar Whosoever, in for eign parts, forces a ART. 55. Whosoever, belonging to the armies of the United safe guard, is to suf- States, employed in foreign parts, shall force a safe guard, shall suffer death. fer death. Whosoever relieves ney, victuals, etc. is ART. 56. Whosoever shall relieve the enemy with money, the enemy with mo- victuals, or ammunition, or shall knowingly harbor or protect to suffer death, or an enemy, shall suffer death, or such other punishment as shall be ordered by the sentence of a court-martial. other punishment, etc. ishment, etc. for Death,or other pun- ART. 57. Whosoever shall be convicted of holding correholding correspon- spondence with, or giving intelligence to, the enemy, either didence with, or giv- rectly or indirectly, shall suffer death, or such other punishment the enemy, etc. as shall be ordered by the sentence of a court-martial. ing intelligence to, in the enemy's Public stores taken ART. 58. All public stores taken in the enemy's camp, towns, camp, etc. to be se- forts, or magazines, whether of artillery, ammunition, clothing, cured for the service forage, or provisions, shall be secured for the service of the of the U. States, etc. United States; for the neglect of which the commanding officer officers and soldiers compelling a com is to be answerable. Death, etc. for the ART. 59. If any commander of any garrison, fortress, or of any garrison, etc. post, shall be compelled, by the officers and soldiers under his mander to give up command, to give up to the enemy, or to abandon it, the comto the enemy, etc. missioned 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. Sutlers and retainers subject to orders, etc. Officers having bre of a prior date to ART. 60. All sutlers and retainers to the camp, and all persons, whatsoever, serving with the armies of the United States in the field, though not enlisted soldiers, are to be subject to orders, according to the rules and discipline of war. take ART. 61. Officers having brevets or commissions of a prior vets or commissions date to those of the regiment in which they serve, may those of the regi- place in courts-martial and on detachments, when composed of serve may take different corps, according to the ranks given them in their breto the ranks given vets, or dates of their former commissions; but in the regiment, ment in which they place, etc.according them, etc. If, upon marches, etc. different corps in rank, etc. to com troop, or company, to which such officers belong, they shall do duty and take rank, both in courts-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. 62. If, upon marches, guards, or in quarters, different happen to join, etc. corps of the army shall happen to join, or do duty together, the the officer highest officer highest in rank of the line of the army, marine corps, or maud, unless, etc. militia, by commission there, on duty, or in quarters, shall command the whole, and give orders for what is needful to the service, unless otherwise specially directed by the President of the United States, according to the nature of the case. Engineers not to as to, any duty beyond mediate profession, except, etc. ART. 63. The functions of the engineers being generally sume, nor be subject confined to the most elevated branch of military science, they the line of their im- are not to assume, nor are they subject to be ordered on, any duty beyond the line of their immediate profession, except by the special order of the President of the United States; but they are to receive every mark of respect to which their rank in the army may entitle them, respectively, and are liable to |