companies to give vates, &c. cers of troops or pany, shall give certificates, signifying the reasons of the abcertificates of the sence of the non-commissioned officers and private soldiers, absence of pri- which reasons, and time of absence, shall be inserted in the muster rolls, opposite the names of the respective absent officers The certificates, and soldiers. The certificates shall, together with the muster to the department rolls, be remitted, by the commissary of musters, or other officers of war, &c. mustering, to the department of war, as speedily as the distance of the place will admit. &c. to be remitted Officers convicted ART. 14. Every officer who shall be convicted, before a gefalse certificates, neral court-martial, of having signed a false certificate, relating &c. to be cash- to the absence of either officer or private soldier, or relative to his or their pay, shall be cashiered. iered. false musters, or be any office, &c. Officers making ART. 15. Every officer who shall knowingly make a false signing false mus-muster of man or horse, and every officer or commissary of ter rolls, &c. to musters who shall willingly sign, direct, or allow, the signing of disabled to hold muster rolls, wherein such false muster is contained, shall, upon proof made thereof by two witnesses, before a general courtmartial, be cashiered, and shall be thereby utterly disabled to have or hold any office or employment in the service of the United States. Commissaries of musters, &c. con money, or other ART. 16. Any commissary of musters, or other officer, who victed of taking shall be convicted of having taken money, or other thing, by gratification, on way of gratification, on mustering any regiment, troop, or comsigning muster pany, or on signing muster rolls, shall be displaced from his ofrolls, to be dis- fice, and shall be thereby utterly disabled to have or hold any office or employment in the service of the United States. Officers mustering ART. 17. Any officer who shall presume to muster a person who are not sol- as a soldier, who is not a soldier, shall be deemed guilty of havguilty of a false ing made a false muster, and shall suffer accordingly. placed, &c. persons as soldiers diers, deemed muster, &c. false returns to cashiered. ART. 18. Every officer who shall knowingly make a false Officers making return to the department of war, or to any of his superior offithe department cers, authorized to call for such returns, of the state of the regiment, troop, or company, or garrison, under his command; or of the arms, ammunition, clothing, or other stores, thereunto belonging, shall, on conviction thereof before a court-martial, be cashiered. Commanding offi cers of regiments, every month, to war, an exact re ment, &c. speci ART. 19. The commanding officer of every regiment, troop, &c. to remit in or independent company, or garrison, of the United States, the beginning of shall, in the beginning of every month, remit, through the prothe department of per channels, to the department of war, an exact return of the turn of the regi- regiment, troop, independent company, or garrison, under his fying the names of command, specifying the names of the officers then absent from officers absent,&c. their posts, with the reasons for, and the time of, their absence. Officers neglect- And any officer who shall be convicted of having, through turns, to be pun- neglect or design, omitted sending such returns, shall be punished, according to the nature of his crime, by the judgment of a general court-martial. ing to send re ished, &c. ART. 20. All officers and soldiers who have received pay, or have been duly enlisted, in the service of the United States, diers convicted of and shall be convicted of having deserted the same, shall suffer Officers and sol death, or such other punishment as, by sentence of a court-mar- desertion, &c. to suffer death or tial, shall be inflicted.* other punishment, &c. soldiers absenting out leave, to be punished, &c. sioned officers or ART. 21. Any non-commissioned officer or soldier who shall, Non-commiswithout leave from his commanding officer, absent himself from sioned officers or his troop, company, or detachment, shall, upon being convicted themselves withthereof, be punished, according to the nature of his offence, at the discretion of a court-martial. ART. 22. No non-commissioned officer or soldier shall en- Non-commis list himself in any other regiment, troop, or company, without soldiers not to ena regular discharge from the regiment, troop, or company, in list in any other regiment, &c. which he last served, on the penalty of being reputed a deser- without a regular ter, and suffering accordingly. And in case any officer shall officers knowingdischarge, &c. knowingly receive and entertain such non-commissioned officer ly receiving deor soldier, or shall not, after his being discovered to be a deser- giving notice, &c. ter, immediately confine him, and give notice thereof to the corps in which he last served, the said officer shall, by a courtmartial, be cashiered. serters, &c. or not to be cashiered. ART. 23. Any officer or soldier who shall be convicted of Officers orsoldiers having advised or persuaded any other officer or soldier to de- persuading others sert the service of the United States, shall suffer death, or such death, or other punishment, &c. other punishment as shall be inflicted upon him by the sentence of a court-martial. or provoking ART. 24. No officer or soldier shall use any reproachful or Officers or soldiers provoking speeches or gestures to another, upon pain, if an offi- using reproachful, cer, of being put in arrest; if a soldier, confined, and of ask- speeches, etc. to ing pardon of the party offended, in the presence of his command- or confined, &c. ing officer. be put in arrest, Officers and sol send or accept challenges, on pain a of being chashier diers neither to ART. 25. No officer or soldier shall send a challenge to another officer or soldier, to fight a duel, or accept a challenge, if sent, upon pain, if a commissioned officer, of being cashiered; if non-commissioned officer or soldier, of suffering corporeal pun- ed, or of suffering ishment, at the discretion of a court-martial. corporeal punishment, &c. sons to go forth to deemed princi ART. 26. If any commissioned or non-commissioned officer, Officers commandcommanding a guard, shall knowingly or willingly suffer any per- ingly suffering pering guards, knowson whatsoever to go forth to fight a duel, he shall be punished fight duels, to be as a challenger; and all seconds, promoters, and carriers, of punished as chalfengers; and sechallenges, in order to duels, shall be deemed principals, and be conds, &c. to be punished accordingly. And it shall be the duty of every officer, pals, &e. commanding an army, regiment, company, post, or detachment, Every officer commanding an army, who is knowing to a challenge being given, or accepted by any regiment, &c. officer, non-commissioned officer, or soldier, under his command, lenge being given, or has reason to believe the same to be the case, immediately to &c. to arrest and bring offenders to arrest and bring to trial such offenders. a trial, &c. ART. 27. All officers, of what condition soever, have power all officers have to part and quell all quarrels, frays, and disorders, though the power to ques persons concerned should belong to another regiment, troop, or &c. company; and either to order officers into arrest, or non-commissioned officers or soldiers into confinement, until their proper superior officers shall be acquainted therewith; and who quarrels, frays, 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 anoth challenge, to be punished as challengers, &c. 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; and all officers and soldiers are hereby discharged from any disgrace, 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 wholesome pro visions, &c. Officerscommanding in garrisons, forts, &c. not to exact exorbitant ling. 1 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. ART. 31. No officer commanding in any of the garrisons, 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. lers, nor be inte 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 power, redress all abuses or disorders, which may be committed 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 officers of justice in apprehending such person or persons, the officer or officers, so offending, shall be cashiered. ing officer, etc., to deliver over he is to be cash iered. himself wronged and, upon applica 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- plain to the genetory 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 regiment, who is re 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 offjustice to the complainant; from which regimental court-martial, 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. a regimental 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 service. arms, etc. or neg spoiled, etc. to make good the loss, forfeit pay, etc. sioned officers or 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, etc. to be shall be punished at the discretion of such court. wasted ammuni punished. sioned officers or ART. 38. Every non-commissioned officer or soldier who Non-commis 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 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 case of their being lost, spoiled, or damaged, not by unavoidable accidents, or on actual service. or troop, etc. found one mile Non-commissioned ART. 41. All non-commissioned 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 to lie out of ART. 42. No officer or soldier shall lie out of his quarters, ters, etc. without 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. officers and soldiers Non-commissioned 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 his offence. of the retreat, etc. to the place of pa ed by sickness, etc. being regularly dis 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 nemissed, 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, shall sufcase, to suffer cor- fer such corporeal punishment as shall be inflicted by the sentence of a court-martial. poreal punishment, etc. 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 another to do his 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 |