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Traitorous or disrespectful

legislatures,

during his absence, or be discharged, as the said courtmartial shall judge most proper.

SECTION II.

ART. 1. Whatsoever officer or soldier shall prewords against sume to use traitorous or disrespectful words against tongress or state the authority of the United States in Congress assembled, or the legislature of any of the United States in which he may be quartered. if a commissioned officer, he shall be cashiered: if a non-commissioned officer or soldier, he shall suffer such punishment as shall be inflicted upon him by the sentence of a court martial.

Contempt or dis.

the general-in

chief.

ART. 2. Any officer or soldier who shall behave himrespect towards self with contempt or disrespect towards the general, or other commander-in-chief of the forces of the United States, or shall speak words tending to his hurt or dishonor, shall be punished according to the nature of his offence, by the judgment of a court-martial.

Mutiny-penalty therefor.

for omitong ut

ART. 3. Any officer or soldier who shall begin, excite, cause or join in any mutiny or sedition, in the troop, company, or regiment to which he belongs, or in any other troop or company in the service of the United States, or in any part, post. detachment, or guard, on any pretence whatsoever, shall suffer death, or such other punishment as by a court martial shall be inflicted.

ART. 4. Any officer, non-commissioned officer, or solSuppression of mutiny-penalty dier, who, being present at any mutiny or sedition, does most endeavors, 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 a court martial with death, or otherwise, according to the nature of the offence.

Resistance to

riors-disobe

dience of law. ful commands.

ART. 5. Any officer or soldier who shall strike his military supe superior officer, or draw, or shall 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.

Articles of war

SECTION III.

ART. 1. Every non-commissioned officer and solto be read, and dier, who shall enlist himself in the service of the United oath adminis States, shall at the time of his so enlisting, or within on enlistment. six days afterwards, have the articles for the govern

tered to recruits

ment of the forces 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, if conscientiously scrupulous about taking an oath:

I swear, or affirm, (as the case may be,) to be true to oath. the United States of America, and to serve them honestly and faithfully against all their enemies or opposers whatsoever; and to observe and obey the orders of the Continental Congress, and the orders of the generals and officers set over me by them.

Which justice or magistrate is to give the officer a certificate, signifying that the man enlisted, did take the said oath or affirmation.

non-commission

ART. 2. After a non-commissioned officer or soldier Discharge of shall have been duly enlisted and sworn, he shall noted officers and be dismissed the service without a discharge in writing; soldiers. and no discharge, granted to him, shall be allowed of as sufficient, which is not signed by a field officer of the regiment into which he was enlisted, or commanding officer, where no field officer of the regiment is in the same state.

SECTION IV.

ART. 1. Every officer commanding a regiment, Musters. troop, or company, shall, upon the notice given to him by the commissary of musters, or from one of his deputies, assemble the regiment, troop, or company, under his command, in the next convenient place for their being mastered.

no commission

soldiers-limita

ART 2. Every colonel or other field officer com Furloughs to manding the regiment, troop or company, and actually ed officers and residing with it, may give furloughs to non commistionor, and by sioned officers and soldiers, in such numbers, and for so whom granted. long a time, as he shall judge to be most consistent with the good of the service; but, no non-commissioned officer or soldier shall, by leave of his captain, or inferior officer, commanding the troop or company (his field officer not being present) be absent above twenty days in six months, nor shall more than two private men be absent at the same time from their troop or company, excepting some extraordinary occasion shall

Absentees at musters-certifi

to.

require it, of which occasion the field officer, present with, and commanding the regiment, is to be the judge. ART. 3. At every muster, the commanding officer of eates in relation each regiment, troop, or company, there present, shall give to the commissary, certificates, signed by himself, signifying how long such officers, who 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, siguifying 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 to the names of the respective absent officers and soldiers: The said certificates shall, together with the muster rolls, be remitted by the commissary to the Congress, as speedily as the distance of place will admit.

False certifi

cate.

False musters

ART. 4 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, shall be cashiered.

ART. 5. Every officer who shall knowingly make a penalty therefor. false muster of man or horse, and every officer or commissary who shall willingly sign, direct, or allow the signing of the 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. ART 6. Any commissary who shall be convicted of musters receiv. having taken money, or any other thing, by way of way of gratifica- gratification, on the mustering any regiment, troop, or company, or on the signing the muster rolls, shall be displaced from his office, and shall be thereby utterly disabled to have or hold any office or employment under the United States.

Commissary of

ing money by

tion.

Musters of per sons not soldiers.

False returns.

ART. 7. Any officer who shall presume to muster any person as a soldier, who is, at other times, accustomed to wear a livery, or who does not actually do his duty as a soldier, shall be deemed guilty of having made a false muster, and shall suffer accordingly.

SECTION V.

ART. 1. Every officer who shall knowingly make a false return to the Congress, or any committee thereof, to the commander-in-chief of the forces of the United States, or to any, his superior officer, authorized to call

for such returns, of the state of the regiment, troop, or company, or garrison, under his command, or of arms, ammunition, clothing, or other stores thereunto belonging, shall, by a court martial, be cashiered.

to be remitted to

the commander

for failure.

ART. 2. The commanding officer of every regiment, Monthly returns troop, or independent company, or garrison of the Congress and United States, shall, in the beginning of every month, in chief--penalty remit to the commander-in-chief of the American forces, and to the Congress, an exact return of the state of the regiment, troop, independent company, or garrison under his command, specifying the names of the officers not then residing at their posts, and the reason for, and time of, their absence: Whoever shall be convicted of having, through neglect or design, omitted the sending such returns, shall be punished according to the nature of his crime, by the judgment of a general court martial.

SECTION VI.

nalty of.

ART. 1. All officers and soldiers who, having Desertion-pereceived pay, or having been duly enlisted in the service of the United States, shall be convicted of having deserted the same, shall suffer death, or such other punishment as by a court martial shall be inflicted.

leave.

ART. 2. Any non-commissioned officer or soldier, Absence without who shall, without leave from his commanding officer, absent himself from his troop or company, or from any detachment with which he shall be commanded, shall, upon being convicted thereof, be punished, according to the nature of his offence, at the discretion of a court martial.

tion-penalty for

ART. 3. No non-commissioned officer or soldier shall Re-enlisting be fore discharge enlist himself in any other regiment, troop or company, deemed deserwithout a regular discharge from the regiment, troop entertaining de or company, in which he last served, on the penalty of serters. being reputed a deserter, and suffering accordingly: And in case any officer shall, knowingly, receive and entertain such non-commissioned officer or soldier, or shall not, after his being discovered to be a deserter, immediately confine him, and give notice thereof to the corps in which he last served, he, the said officer so offending, shall, by a court martial, be cashiered.

tion.

ART. 4. Whatsoever officer or soldier shall be con- Advising deservicted of having advised or persuaded any other officer or soldier to desert the service of the United States, shall suffer such punishment as shall be inflicted upon him by the sentence of a court martial.

Reproachful

or provoking

prohibited.

SECTION VII.

ART. 1. No officer or soldier shall use any respeeches, &c. proachful or provoking speeches or gestures to another. upon pain, if an officer, of being put in arrest; if a soldier, imprisoned, and of asking pardon of the party of fended, in the presence of his commanding officer.

Duelling-chal

prohibited.

ART. 2. No officer or soldier shall presume to send a lenges to fight challenge to any other officer or soldier, to fight a duel, upon pain, if a commissioned officer, of being cashiered. if a non-commissioned officer or soldier, of suffering corporeal punishment, at the discretion of a court martial

Commanders of

guards suffering

forth to fight

ished as chal

ART. 3. If any commissioned or non-commissioned persons to go officer commanding a guard, shall, knowingly and wilduels, to be pun- lingly, suffer any person whatsoever to go forth to fight a duel, he shall be punished as a challenger: And likewise all seconds, promoters, and carriers of challenges. in order to duels, shall be deemed as principals, and be punished accordingly.

lengers.

Quelling frays and quarrels.

Officer or sollier

ART. 4. All officers, of what condition soever, have power to part and quell all quarrels, frays, and disorders, though the persons concerned should belong to another regiment, troop or company; and either to order officers into arrest, or non-commissioned officers or soldiers to prison. till their proper superior officers shall be acquainted therewith; and whosoever shall refuse to obey such officer (though of an inferior rank) or shall draw his sword upon him, shall be punished at the discretion of a general court martial.

ART. 5. Whatsoever officer or soldiershall upbraid anupbraiding an- other for refusing a challenge, shall himself be punished other for refuse as a challenger; and all officers and soldiers are hereby to be punished as discharged of any disgrace, or opinion of disadvantage,

ing a challenge

a challenger.

Sutlers.

Introduction of

which might arise from their having refused to accept of challenges, as they will only have acted in obedience to the orders of Congress, and done their duty as good soldiers, who subject themselves to discipline.

SECTION VIII.

ART. 1. No sutler shall be permitted to sell any kind of liquors or victuals, or to keep their houses or shops open, for the entertainment of soldiers, after nine at night, or before the beating of the reveilles, or upon Sundays, during divine service, or sermon, on the penalty of being dismissed from all future sutling.

ART. 2. All officers, soldiers, and sutlers, shall have provisions, &c. full liberty to bring into any of the forts garrisons of

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