20. Disrespect toward commanding offi- 55. Waste or spoil and destruction of cer. 22. Mutiny. 23. Failing to resist mutiny. 24. Quarrels and frays. 25. Reproachful or provoking speeches. 26. Challenges to fight duels. property without orders. 27. Allowing persons to go out and fight; 60. Certain kinds of frauds against the seconds and promoters. A. ARTICLES OF WAR. SECTION 1342, R. S. The armies of the United States shall be governed by the following rules and articles. The word officer, as used therein, shall be understood to designate commissioned officers, the word soldier shall be understood to include noncommissioned officers, musicians, artificers, and privates, and other enlisted men, and the convictions mentioned therein shall be understood to be convictions by court-martial. FIRST ARTICLE. Every officer now in the Army of the United States shall, within six months from the passing of this act, and every officer hereafter appointed shall, before he enters upon the duties of his office, subscribe these rules and articles. SECOND ARTICLE. These rules and articles shall be read to every enlisted man at the time of, or within six days after, his enlistment, and he shall thereupon take an oath or affirmation, in the following form: "I, A. B., do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will 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." This oath may be taken before any commissioned officer of the Army. THIRD ARTICLE. SEE ENLISTMENT. Every officer who knowingly enlists or musters into the military service any minor over the age of sixteen years without the written consent of his parents or guardians, or any minor under the age of sixteen years, or any insane or intoxicated person, or any deserter from the military or naval service of the United States, or any person who has been convicted of any infamous criminal offense, shall, upon conviction, be dismissed from the service, or suffer such other punishment as a court-martial may direct. SEE ENLISTMENT. FOURTH ARTICLE. No enlisted man, duly sworn, shall be discharged from the service without a discharge in writing, signed by a field-officer of the regiment to which he belongs, or 3 by the commanding officer, when no field-officer is present; and no discharge shall be given to any enlisted man before his term of service has expired, except by order of the President, the Secretary of War, the commanding officer of a department, or by sentence of a general court-martial.1 SEE DISCHARGE. The 4th Article of War prescribes that “no enlisted man, duly sworn, shall be discharged from the service without a discharge in writing, signed by a field officer of the regiment to which he belongs, or by the commanding officer when no field officer is present," &c. In the corresponding Article (the 11th) of the Articles of War of 1806 the language was: "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 when no field officer of the regiment is present," &c. 66 The Article of 1806 was almost word for word a repetition of Article 2 of Section III of the Articles of 1776, as the latter was of Article 2 of Section III of the British Articles of 1774, from which the American Articles were copied. Among the offences made punishable by the British Mutiny Act of 1774 is found a soldier's listing himself in any other regiment, troop, or company, without a discharge produced, in writing, from the colonel, or, in his absence, the field officer commanding in chief the regiment, troop, or company in which he last served as a listed soldier-" which will be recognized as relating to the same subject with our present 50th (formerly 22d) Article of War. In This provision of the Mutiny Act can be traced back to 1716, when it appeared in the following words: "Or being a soldier actually listed in any regiment shall list himself into any other regiment without a discharge from the first regiment." 1717 it was: "Or being a soldier actually listed in any regiment shall list privately in another without discharge." The Article of War at this time (1717) was as follows: "No Non-commission Officer, or Soldier, shall leave his Troop or Company, and inlist himself in any other Regiment, Troop, or Company, without a Discharge from the Commanding Officer of the Regiment in which he last served under Pain of being reputed a Deserter, and suffering Death for it, or such other Punishment as a Court-Martial shall inflict. "And in case any Officer shall knowingly receive, or entertain, any such Non-commission Officer or Soldier; upon Proof made thereof before a General Court-Martial, he shall be cashiered: "Nor shall any Discharge granted to any Non-commission Officer, or Soldier be allowed of as suflicient, unless signed by a Field Officer of the Regiment whence such Soldier was dismissed." This appears to have been the first Article of War which required a discharge in writing. (Clode Mil. & Mar. Law, 2d Ed. p. 260, n.) In the Articles of War of William and Mary, of 1692, there was an article which read as follows: "No commission officer after enrollment and being mustered shall be dismissed or cashiered without order from His Majesty; the General, or Commander in Chief for the time being, or a General Court-Martial. But the Captains with the approbation of their Colonels or of the Governors of the Garrison, where they are, may discharge any non-commission officer or private soldier when they find cause, taking other noncommission officer or private soldier in their places; Provided that such Colonel or Governor shall forthwith certify the same to the Commissary-General of the Musters, that (by their approbation) such non-commission officers or soldiers were discharged, and others taken in their places respectively, and in Quarters and Garrisons where there are only single troops, or companies, the Captains' Certificates are forthwith to be sent and accepted by the Commissary-General, expressing the day of each noncommission officers and soldiers discharge or death, and who hath been entertained in his place." This article contained no requirement of a discharge in writing. In a celebrated case-Grant . Gould-decided in 1792, Lord Loughborough said: "A person in pay as a soldier is fixed with the character of a soldier, and if once he becomes subject to the military character, he never can be released, but by a regular |