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(ACT of March 16th, 1802.)
10. SEC. XIV. That if any officer, noncommissioned officer, musician, or private, in the corps composing the peace establishment, shall be disabled by wounds or otherwise, while in the line of his duty, in public service, he shall be placed on the list of invalids of the United States, at such rate of pay, and under such regulations, as may be directed by the president of the United States, for the time being: Provided always, That the compensation to be allowed for such wounds or disabilities, to a commissioned officer, shall not exceed, for the highest rate of disability, half the monthly pay of such officer at the time of his being disabled or wounded; and that no officer shall receive more than the half pay of a lieutenant colonel; and that the rate of compensation to noncommissioned officers, musicians, and privates, shall not exceed five dollars per month: And provided, also, That all inferior disabilities shall entitle the person so disabled to receive an allowance proportionate to the highest disability.
11. SEC. XV. That if any comissioned officer in the military peace establishment of the United States, shall, while in the service of the United States, die, by reason of any wound received in actual service of the United States, and leave a widow, or, if no widow, a child or children under sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to and receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years. But in case of the death or intermarriage of such widow, before the expiration of the said term of five years, the half pay, for the remainder of the time, shall go to the child or children of such deceased officer: Provided always, That such half pay shall cease on the decease of such child or children.
12. SEC. XVIII. If any noncommissioned officer, musician, or private, shall desert the service of the United States, he shall, in addition to the penalties mentioned in the rules and articles of war, be liable to serve, for and during such a period, as shall, with the time he may have served previous to his desertion, amount to the full term of his enlistment; and such soldier shall and may be tried by a court martial, and punished, although the term of his enlistment may have elapsed previous to his being apprehended or tried.
13. SEC. XIX. Every person who shall procure or entice a soldier in the service of the United States to desert, or who shall purchase from any soldier his arms, uniform clothing, or any part thereof; and every captain or commanding officer of any ship or vessel, who shall enter on board such ship or vessel, as one of his crew, knowing him to have deserted, or otherwise carry away any such soldier, or shall refuse to deliver him up to the orders of his commanding officer, shall, upon legal conviction, be fined, at the discretion of any court having cognizance of the same, in any sum not exceeding three hundred dollars, or be imprisoned, any term not exceeding one year.
(ACT of March 16th, 1802)
14. SEC. xx. Every officer, noncommissioned officer, musician, and private, shall take and subscribe the following oath or affirmation, to wit: "I, A. B. do solemnly swear, or affirm, (as the case may be) that I will bear true faith and allegiance to the United States of America, and that I will serve them honestly and faithfully against their enemies or opposers, whomsoever; and that I will observe and obey the orders of the president of the United States, and the orders of the officers appointed over me, according to the rules and articles of war."
15. SEC. XXI. Whenever a general court martial shall be ordered, the president of the United States may appoint some fit person to act as judge advocate, who shall be allowed, in addition to his other pay, one dollar and twenty-five cents for every day he shall be necessarily employed in the duties of the said court; and in cases where the president shall not have made such appointment, the brigadier general, or the president of the court, may make the
16. SEC. XXII. That where any commissioned officer shall be obliged to incur any extra expense in travelling, and sitting on general courts martial, he shall be allowed a reasonable compensation for such extra expense, actually incurred, not exceeding one dollar and twenty-five cents per day to officers who are not entitled to forage, and not exceeding one dollar per day to such as shall be entitled to forage.
17. SEC. XXIII. That no noncommissioned officer, musician, or private, shall be arrested, or subject to arrest, or to be taken in execution, for any debt under the sum of twenty dollars, contracted before enlistment, nor for any debt contracted after enlistment.
18. SEC. XXIV. Whenever any officer or soldier shall be discharged from the service, except by way of punishment for any offence, he shall be allowed his pay and rations, or an equivalent in money, for such term of time as shall be sufficient for him to travel from the place of discharge to the place of his residence, computing at the rate of twenty miles to a day.
19. SEC. XXVI. The president of the United States is hereby authorized and empowered, when he shall deem it expedient, to organize and establish a corps of engineers, to consist of one engineer, with the pay, rank, and emoluments, of a major; two assistant engineers, with the pay, rank, and emoluments of captains, two other assistant engineers, with the pay, rank, and emoluments, of first lieutenants; two other assistant engineers, with the pay, rank, and emoluments, of second lieutenants; and ten cadets, with the pay of sixteen dollars per month, and two rations per day: and the president of the United States is, in like manner, authorized, when he shall deem it proper, to make such promotions in the said corps, with a view to particular merit, and without regard to rank, so as not to exceed one colonel, one lieutenant colonel, two majors, four captains, four first lieutenants, four second lieutenants, and
(ACT of April 10th, 1806.)
so as that the number of the whole corps, shall, at no time, exceed twenty officers and cadets.
20. SEC. XXVII. The said corps, when so organized, shall be stationed at West Point, in the state of New York, and shall constitute a military academy; and the engineers, assistant engineers, and cadets of the said corps, shall be subject, at all times, to do duty in such places, and on such service, as the president of the United States shall direct.
21. SEC. XXVIII. The principal engineer, and in his absence, the next in rank shall have the superintendence of the said military academy under the direction of the president of the United States; and the secretary of war is authorized, at the public expense, under such regulations as shall be directed by the president of the United States, to procure the necessary books, implements, and apparatus for the use and benefit of the said institution.
22. SEC. XXIX. So much of any act or acts now in force as comes within the purview of this act, is hereby repealed. Saving, nevertheless, such parts thereof as relate to the enlistment or term of service of any of the troops which by this act are continued in the present military establishment of the United States.
ACT of February 28th, 1803. 3 Bioren, 530.
23. SEC. II. The president of the United States is authorized to appoint one teacher of the French language, and one teacher of drawing, to be attached to the corps of engineers, whose compensation shall not exceed the pay and emolument of a captain in the line of the army.
ACT of March 26th, 1804. 3 Bioren, 610.
24. SEC. II. An equivalent in malt liquor or low wines may be supplied the troops of the United States, instead of the rum, whiskey, or brandy; which, by the act fixing the military peace establishment of the United States, [passed 16th March 1802. Supra 5.] is made a component part of a ration, at such posts and garrisons, and at such seasons of the year, as in the opinion of the president may be necessary for the preservation of their health.
ACT of April 10th, 1806. 4 Bioren, 13.
An act for establishing rules and articles for the government of the armies of the United States.
25. SEC. 1. 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:
Article 1. Every officer now in the army of the United States shall, in six months from the passing of this act, and every officer
(ACT of April 10th, 1806.)
who shall hereafter be appointed shall, before he enters on the duties of his office, subscribe these rules and regulations.
Article 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 publickly and severely reprimanded by the president; if noncommissioned 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.
Article 3. Any noncommissioned 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.
Article 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.
Article 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 martial shall direct; if a noncommissioned officer or soldier, he shall suffer such punishment as shall be inflicted on him by the sentence of a court martial.
Article 6. Any officer or soldier who shall behave 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.
Article 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.
Article 8. Any officer, noncommissioned officer, or soldier, who, being present at any mutiny or sedition, does not use his utmost endeavour to suppress the same, or coming to the knowledge of
(ACT of April 10th, 1806.)
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.
Article 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.
Article 10. Every noncommissioned 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 afterwards, 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 president 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 the officer a certificate, signifying that the man enlisted did take the said oath or affirmation.
Article 11. After a noncommissioned 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 noncommissioned 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.
Article 12. Every colonel, or other officer, commanding a regiment, troop, or company, and actually quartered with it, may give furloughs to noncommissioned 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 offi