transmitted to fice. to be made & the major of the regiment, or the officer doing the the War of major's duty in his absence, or in any post or gar rison, the second officer in command, or the assistant military agent, shall immediately secure all· his effects or equipage, then in camp or quarters, and shall make an inventory thereof, and forthwith transmit the same to the office of the Department of War, to the end, that his executors or administrators may receive the same. An inventory of any non officer or sol and transmit ted to the War Office. Art. 95. When any non-commissioned officer or of the effects soldier shall die or be killed in the service of the commissioned United States, the then commanding officer of the dier who shall troop or company, shall, in the presence of two die to be made other commissioned officers, take an account of. what effects he died possessed of, above his arms and accoutrements, and transmit the same to the office of the Department of War; which said effects are to be accounted for, and paid to the representatives of such deceased non-commissioned officer or soldier. And in case any of the officers, so authorised to take care of the effects of deceased officers and soldiers, should, before they have accounted to their representatives for the same, have occasion to leave the regiment or post, by preferment, or otherwise, they shall, before they be permitted to quit the same, deposite in the hands of the commanding officer, or of the assistant military agent, all the effects of such deceased non-commis-> sioned officers and soldiers, in order that the same may be secured for, and paid to, their respective: representatives. AH persons whatever in Art. 96. All officers, conductors, gunners, mathe artil- trosses, drivers, or other persons whatsoever, receiv lery or engi- ing pay or hire, in the service of the artillery or to these rules corps of engineers of the United States, shall be neers, subject and articles. governed by the aforesaid rules and articles, and shall be subject to be tried by courts martial, in like manner with the officers and soldiers of the other troops in the service of the United States. Art. 97. The officers and soldiers of any troops, of the United Whether militia or others, being mustered and in pay States, sub- of the United States, shall, at all times, and in all Militia, and others, in pay ject to these rules and ar be tried by mi places, when joined, or acting in conjunction, with ticle-but to the regular forces of the United States, be govern-litia officers. ed by these rules and articles of war, and shall be subject to be tried by courts martial, in like manner with the officers and soldiers in the regular forces; save, only, that such courts martial shall be composed entirely of militia officers. rank next cers of the Art. 98. All officers, serving by commission from Militia offi the authority of any particular state, shall, on all cers to take detachments, courts martial, or other duty, wherein after all Offithey may be employed in conjunction with the regu- same grade lar forces of the United States, take rank, next after in the army. all officers of the like grade in said regular forces, notwithstanding the commissions of such militia. or state officers may be elder than the commissions of the officers of the regular forces of the United States. capital, and and neglects, Art. 99. All crimes, not capital, and all disor- Crimes, not ders and neglects which officers and soldiers may all disorders be guilty of, to the prejudice of good order and mi- though not litary discipline, though not mentioned in the fore- herein mengoing articles of war, are to be taken cognizance of taken cugniby a general or regimental court martial, according zance of to the nature and degree of the offence, and be punished at their discretion. Art. 100. The President of the United States President to prescribe the shall have power to prescribe the uniform of the uniform. to be read months. army. Art. 101. The foregoing articles are to be read These articles and published once in every six months, to every every six garrison, regiment, troop or company, mustered or to be mustered in the service of the United States, and are to be duly observed and obeyed by all officers and soldiers who are, or shall be in said service. Sect. 2. And be it further enacted, That in time Persons not of war, all persons not citizens of, or owing allegi- ing as spies. ance to the United States of America, who shall be found lurking as spies, in or about the fortifications or encampments of the armies of the United States, or any of them, shall suffer death, according to the law and usage of nations, by sentence of a general court martial. citizens, lurk The system of discipline and field exercise AN ACT To establish an uniform mode of Discipline and 1. Be it enacted by the Senate and House of Representatives of the United States of America in observed by Congress assembled, That the system of discipline the regular army, to be and field exercise which is and shall be ordered to be observed by observed by the regular army of the United States, in the different corps of infantry, artillery, and riflemen, shall also be observed by the militia, in the exercises and discipline of the said corps, respectively, throughout the United States. the militia. the act of 8th Baron de Steuben's So much of - 2. And be it further enacted, That so much of May, 1792, as the act of Congress, approved the eighth of May, establishes the one thousand seven hundred and ninety-two, as approves and establishes the rules and discipline cipline, re of the Baron De Steuben, and requires them to be observed by the militia throughout the United States, be, and the same is hereby, repealed. rules and dis pealed. [Approved May 12, 1820.] * The system which will be observed in the militia under this act, is entitled "Rules and regulations for the United States' Infantry,"-Compiled by a board of officers of which Major General Winfield Scott was president. ARTICLES OF WAR. [1806.] AN ACT For establishing rules and articles for the government of the armies of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, from and 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. subscribe Art. 1. Every officer, now in the army of the Officers to United States, shall, in six months from the passing these rules, 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. at a place of Art. 2. It is earnestly recommended to all offi- Misbehaviour cers and soldiers diligently to attend divine ser- worship. vice; 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 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 Profane oaths. who shall use any profane oath or execration, shall Chaplain ab senting him duties. 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 self from his 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. Disrespectful words against tures. Art. 5. Any officer or soldier who shall use conthe President, temptuous or disrespectful words against the PresiCongress, or dent of the United States, against the Vice Presistate legisladent 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 martial 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 commanding himself with contempt or disrespect towards his commanding officer, shall be punished according to the nature of his offence by the judgment of a court martial. Disrespect of Mutiny, Knowledge of tiny. 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 intended mu- 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. |