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Of Judge Advocate.
ART. 2301. 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 same.(1)
vates, of the said corps, shall be governed by the rules and articles of war, which have been established by the United States in congress assembled, or by such rules and articles as may be hereafter by law established : Provided, nevertheless, That the sentence of general courts martial, extending to the loss of life, the dismission of a commissioned officer, or which shall respect the general officer, shall, with the whole of the proceedings of such cases, respectively, be laid before the president of the United States, who is authorized to direct the same to be carried into execution, or otherwise, as he shall judge proper.(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:
2303. 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 who shall hereafter be appointed shall, before he enters on the duties of his office, subscribe these rules and regulations.
2304. 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 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.
2305. Article 3. Any non-commissioned officer or soldier who shall use any profane oath or execration, shall incur the penalties expressed in the foregoing articles: and a commissioned officer shall forfeit and pay, for each and every such offence, one dollar, to be applied as in the preceding article.
2306. 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.
2307. 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 non-commissioned officer or soldier, he shall suffer such punishment as shall be inflicted on him by the sentence of a court martial.
2308. 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.
2309. 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,
(1) Act 10th April, 1806, sec. 21.-16th March, 1802, sec. 10.
shall suffer death, or such other punishment as by a court martial shall be inflicted.
Article 8. Any officer, non-commissioned 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 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.
2310. 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.
2311. Article 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 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 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.
2312. Article 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.
2313. Article 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, 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, excepting some extraordinary occasion should require it.
2314. Article 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 reasons 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 name of the respective absent officers and soldiers. The certificates shall, together with the muster rolls, be remitted by the commissary of musters, or other mustering officer, to the department of war, as speedily as the distance of the place will admit.
Article 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.
2315. Article 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.
Article 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.
Article 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.
2316. Article 18. Every officer who shall knowingly make a false return to the department of war, or to any of his superior officers, 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.
2317. Article 19. The commanding officer of every regiment, troop, or independent company, or garrison of the United States, shall, in the begin ning of every month, remit through the proper channels to the department of war, an exact return of the regiment, troop, independent company, or garri son under his command, specifying the names of the officers then absent from their posts, with the reasons for, and the time of their absence. And any officer who shall be convicted of having, through 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.
2318. Article 20. All officers and soldiers who have received pay, or have been duly enlisted in the service of the United States, and shall be convicted of having deserted the same, shall suffer death, or such other punishment, as by sentence of a court martial' shall be inflicted. But no officer or soldier shall be subject to the punishment of death for desertion in time of peace.(1)
2319. Article 21. Any non-commissioned officer or soldier who shall, without leave from his commanding officer, absent himself from his troop,
(1) Act 29th May, 1830.