« ZurückWeiter »
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 sufier accordingly.
Returns. 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.
Art. 2. The commanding officer of every regiment, troop or independent company, or garrison, of the United States, shall, in the beginning of every month, 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.
Desertion. Art. 1. All officers and soldiers, who having received pay, or hasing been duly inlisted in the service of the United States, shall be CODvicted of having deserted the same, shall suffer death, or such other punishment as by a court-inartial shall be inflicted.
Art. 2. Any non-commissioned officer or soldier, who shall, with. out leave from his commanding officer, absent himself from his troop or coinpany, or from any detachment with which he shall be commande ed, shall, upon being convicted thereof, be punished according to the nature of his offence, at the discretion of a court-martial.
ART. 3. No non-commissioned officer or soldier, stall inlist himself in any other regiment, troop or company, without a regular discharge from the regiment, troop or company, in which he last served, on the penalty of being reputed a deserter, and suffering accordingly. In in case any officer shall knowingly receive and entertain such Doecominissioned officer or soldier, or shall not, after his being discovered to be a deserter, immediately confine him and give notice thereof totbe corps in which he last served, he, the said officer so offending, shall by a court-martial be cashiered.
ART. 4. Whatsoever officer or soldier, shall be convicted of having advised or pursuaded any other officer or soldier to desert the service of the United States, shall suffer such punishment as shall be inflictes upon him by the sentence of a court-martial.
Of quarrelling and sending challenges. ART. 1. No officer or soldier shall use any reproachful or provok* ing 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 para ty offended, in the presence of his commanding officer.
Art. 2. No officer or soldier shall presume to send a 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 soldiers of suffering corporal punishment at the discretion of a court-martial.
Art. 3. If any commissioned or non-commissioned officer com: manding a guard, shall knowingly and willingly 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.
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 disa cretion of a general court-martial.
ART. 5. Whatsoever officer or soldier shall upbraid another for refusing a challenge, shall himself be punished as a challenger; and all officers and soldiers are hereby discharged of any disgrace or opinion of disadvantage, 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.
Suttling. Art. 1. No suttler shall be permitted to sell any kind of liquors of 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 suttling.
ART. 2. All officers and soldiers shall have full liberty to bring into any of the forts or garrisons of the United American States, any quana tity of eatable provisions, except where any contracts are or shall be ena tered into by congress, or by their order, for furnishing such provisions; and with respect only to the species of provisions so contracted for.
ART. 3. All officers commanding in the forts, barracks, or garrisons of the United States, are hereby required to see that the persons pers mitted to suttle, shall supply the soldiers with good and wholesome provisions, at the market price, as they shall be answerable for their neglect.
Art. 4. No officers commanding in any of the garrisons, forts, or barracks of the United States, shall either themselves exact exorbitant prices for houses or stalls let out to suutlers, or shall connive at the like exactions in others ; nor by their own authority, and for their private advantage, shall they lay any duty or imposition upon, or be interested in the sale of such victuals, liquors, or other necessaries of life, which are brought into the garrison, fort or barracks, for the use of the soldiers, on the penalty of being discharged from the service.
Of good order. Art. 1. Every officer commanding in quarters, garrisons, or on a march, shall keep good order, and to the utmost of his power redress all such abuses or disorders which may be committed by any officer or soldier under his command ; if upon complaint made to him of officers or soldiers beating or otherwise ill-treating any person'; of disturbing fairs or markets, or of committing any kind of riots, to the disquieting of the good people of the United States, he, the said commander, who shall refuse or omit to see justice done on the offender or offenders, and reparation made to the party or parties injured, as far as part of the offenders pay shall enable him or them, shall, upon proof thereof, be punished by a general court-martial, as if he himself had committed the crimes or disorders complained of.
Of crimes punishable by law. Art. 1. Whenever any officer or soldier shall be accused of a capital crime, or of having used violence, or committed any offence against the persons or property of the good people of any of the united American states, such as is punishable by the known laws of the land, the commanding officer and officers of every regiment, troop or party, to which the person or persons so accused shall belong, are hereby required, upon application duly made by or in behalf of the party or parties injured, to use his utmost endeavors to deliver over such accused person or persons to the civil magistrate, and likewise to be aiding and assisting to the officers of justice in apprehending and securing the person or persons so accused, in order to bring them to a trial. If any commanding officer or officers shall wilfully neglect, or shall refuse, upon the application aforesaid, to deliver over such accused person or persons to the civil magistrates, or to be aiding and assisting to the officers of justice, in apprehending such person or persons, the officer or oficers so offending shall be cashiered.
Art. 2. No officer shall protect any person from his creditors, on the pretence of his being a soldier, nor any non-commissioned officer or soldier, who does not actually do all duties as such, and no farther than is allowed by a resolution of congress, bearing date the 26th day of December 1775 : Any officer offending herein, being convicted thereof before a court-martial, shall be cashiered.
Of redressing wrongs. Art. l. If any officer shall think himself to be wronged by his colonel or the commanding officer of the regiment, and shall, upon due application made to him, be refused to be redressed, he may complain to the continental general commanding in the state where such regiment shall be stationed, in order to obtain justice, who is hereby required to examine into the said complaint and take proper measures for redressing the wrong complained of, and transmit as soon as possible to the congress a true state of such complaint, with the proceedings had thereon.
Art. 2. If any inferior officer or soldier shall think himself wronged by his captain, or other officer commanding the troop or company to which he belongs, he is to complain thereof to the commanding officer of the regiment, who is hereby required to summon a regimental court-martial, for the doing justice to the complainant; from which regimental court-martial either party may, if he thinks himself still aggrieved, appeal to a general court-martial. But if, upon a second hearing, the appeal shall appear to be vexatious and groundless, the person so appealing shall be punished at the discretion of the said general court-martial.
Of stores, anmunition, c. Art. 1. Whatsoever commissioned officer, store-keeper, or commissary, shall be convicted at a general court-martial of having sold (without a proper order for that purpose) embezzled, misapplied, or wilfully, or through neglect,suffered any of the provisions, forage, arms, clothing, ammunition, or other military stores, belonging to the United States, to be spoiled or ciamaged, the said officer, store-keeper or com. missary so offending, sliall, at his own charge, make good the loss or damage ; shall moreover forfeit all his pay, and be dismissed from the service.
Art. 2. Whatsoever non-commissioned officer or soldier, shall be convicted at a regimental court-martial, of having sold, or designedly or through neglect, wasted the ammunition delivered out to him to be employed in the service of the United States, shall, if a non-commissioned officer, be reduced to a private centinel, and shall besides suffer corporal punishment, in the same manner as a private centinci so offending, at the discretion of a regimental court-martial.
Art. 3. Every non-commissioned officer or soldier, who shall be convicted at a court-martial, of having sold, lost, or spoiled through neglect, his horse, arms, clothes, or accoutrements, sball undergo such weekly stoppages (not exceeding the half of his pay) as a court-martial shall judge suificient for repairing the loss or damage; and shall suffer imprisonment, or such other coi poral punishment as his crime shall duscrve.
ART. 4. Every officer who shall be convicted at a court-martial, of having embezzled or misapplied any money with which he may have been entrusted for the payment of the men under his command, or for inlisting men into the service ; if a commissioned officer, shall be cashiered and compelled to refund the money ; if a non-commissioned officer, shall be reduced to serve in the ranks as a private soldier, be put under stoppages until the money be made good, and suffer such corporal punishment (not extending to life or limb) as the court-martial shall think fit.
Art. 5. Every captain of a troop or company is charged with the arms, accoutrements, ammunition, clothing, or other warlike stores belonging to the troop or company under his command, which he is to be accountable for to his colonel, in case of their being lost, spoiled or damaged, not by unavoidable accidents, or on actual service,
SECTION XIII. Of Duties in Quarters, in Garrison, or in the field. ART. 1. All non-commissioned officers and soldiers, who shall be found one mile from the camp, without leave in writing from their commanding officer, shall suffer such punishment as shall be infiiced upon them by the sentence of a court-martial.
Art. 2. No officer or soldier shall lie out of his quarters, garrison or camp, without leave from his superior officer, upon penalty of being punished according to the nature of his offence by the sentence of a court-martial.
Art. 3. Every non-commissioned officer and soldier, shall retire to his quarters or tent, at the beating of the retreat ; in default of which he shall be punished according to the nature of his offence, by the commanding officer.
Art. 4. No officer, non-commissioned officer or soldier, shall fail of repairing, at the time fixed, to the place of parade of exercise, or other rendezvous appointed by his commanding officer, if not prevented ly sickness, or some other evident necessity; or shall go from the said place of rendezvous, or from his guard, without leave from his conmanding officer, before he shall be regularly dismissed or relieved. cn the penalty of being punished according to the nature of his offence by the sentence of a court-martial.
ART. 5. Whatever commissioned officer shall be found drunk on bis guard, party, or other duty under arms, shall be cashiered for it ; n.y non-commissioned officer or soldier so offending, shall suffer such corporal punishment as shall be inflicted by the sentence of a courtmartial.
Art. 6. Whatever centinel shall be found sleeping upon his post, or shall leave it before he shall be regularly relieved, shall suffer death or such other punishment as shall be inflicted by the sentence of a courtmartial.
Art. 7. No soldier belonging to any regiment, troop or companiya shall hire another to co his duty for him, or be excused from duty but in case of sickness, disability, or leave of absence; and every such