CHAPTER 32.-Approved, March 3, 1803.-Vol. 2, p. 241.

An Act directing a detachment from the militia of the United States, and for erecting certain arsenals.'

That the President of the United States be, and he is hereby, authorized, whenever he shall judge it expedient, to require of the executives of such of the states as he may deem expedient, and from their local situation shall be most convenient, to take effectual measures to organize, arm, and equip, according to law, and hold in readiness to march at a moment's warning, a detachment of militia not exceeding eighty thousand, officers included.

SEC. 2. That the President, if he judges it expedient, authorize the executives of the several states to accept, as part of the detachment aforesaid, any corps of volunteers who shall engage to continue in service for such time, not exceeding twelve months, and perform such services as shall be prescribed by law.

SEC. 3. That the detachments of militia and volunteer corps as aforesaid, shall be officered out of the present militia officers, or others, at the option and discretion of the constitutional authority in each state, respectively; the President of the United States apportioning the general officers among the respective states as he may deem proper.

SEC. 4. That $1,500,000 be appropriated for paying and subsisting such part of the troops aforesaid, whose actual service may be wanted; for the purchase of ordnance and other military stores; and for defraying such other expenses as, during the recess of Congress, the President may deem necessary for the security of the territory of the United States: to be applied, under the direction of the President, out of any money in the treasury not otherwise appropriated.

SEC. 5. That $25,000 be appropriated for erecting, at such place or places near the western waters as the President may judge most proper, one or more arsenals; and that the President cause the same to be furnished with such arms, ammunition, and military stores as he may deem necessary.

CHAPTER 39.-Approved, March 26, 1804.-Vol. 2, p. 290.

An Act in addition to "An Act for fixing the Military Peace Establishment of the United States."2

That there shall be appointed, in addition to the surgeon's mates provided for by the "Act fixing the military peace establishment of the United

1 16 March, 1802, chap. 9.

2 Repealed and supplied by chap. 32, 18 April, 1806, sec. 7. See also chap. 39, 30 March, 1808, and chap. 55, 10 April, 1812.

States," as many surgeon's mates, not exceeding six,' as the President of the United States may judge necessary, to be attached to garrisons or posts, agreeably to the provisions of the said act.

SEC. 2. That 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 said act 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 of the United States, may be necessary for the preservation of their health.2

[Approved, March 26, 1804.]

CHAPTER 20.-Approved, April 10, 1806.-Vol. 2, p. 259.

An Act for establishing rules and articles for the government of the armies of the United States.3

SEC. 1. Rules and articles by which the armies of the United States are to be governed after the passing of this act. ART. 1. Every officer to subscribe these rules and regulations. 2. Officers and soldiers diligently to attend divine service, and behave decently and reverently, under pain of reprimand, fine, &c. 3. Reprimand, fine, &c., for using profane oaths, or execrations, &c. 4. Chaplains absenting themselves, except, &c., liable to fine or discharge, &c. 5. Offcers using contemptuous words against the President, Vice-President, Congress, &c., to be cashiered, &c., and non-commissioned officers and soldiers to suffer punishment by sentence of a court-martial. 6. Officers or soldiers behaving with disrespect towards commanding officers, to be punished by judgment of court-martial. 7. Death, &c., for beginning or exciting mutiny, &c. 8. Officers or soldiers present at a mutiny, and not endeavoring to suppress it, &c., to be punished with death, or otherwise, &c. 9. Officers or soldiers striking a superior, &c., to suffer death, or other punishment, &c. 10. Non-commissioned officers and soldiers to have the articles for the government of the armies read to them, and take an oath, &c. The justice, &c., to give a certificate that the oath was taken. 11. Non-commissioned officers and soldiers not to be dismissed the service without a discharge in writing. No discharge sufficient unless signed by a field officer, &c. No discharge, &c., before the term of service has expired, but by order of the President, &c. Commissioned officers not to be discharged the service, but by order of the President, &c. 12. Colonels, &c., quartered with their regiments, &c., may give furloughs to non-commissioned officers or soldiers, &c. Captains, &c., commanding, &c., may give furloughs to non-commissioned officers or soldiers, for 20 days in six months, but not, &c. 13. At every muster the commanding officer, &c., to give to the com

1 Twenty-five authorized by original act.

2 See original act, sec. 6, and chap. 14, sec. 8, 11 Jan. 1812; and for sugar and coffee, see 5 July, 1838, chap. 162, sec. 17, and sec. 4, chap. 163, 21 June, 1860; and see sec. 8, chap. 61, 14 April, 1818, and sec. 13. chap. 4, 3 Aug. 1861.

3 These rules and articles. with the exceptions indicated by the notes at foot, remain unaltered and in force at present.

missary of musters, certificates, &c., signifying how long officers not appearing have been absent, and the reason of it. Commanding officers of troops or companies to give certificates of the absence of privates, &c. The certificates, &c., to be remitted to the department of war, &c. 14. Officers convicted of having signed false certificates, &c., to be cashiered. 15. Officers making false musters, or signing false muster rolls, &c., to be cashiered and disabled to hold any office, &c. 16. Commissaries of musters, &c., convicted of taking money, or other gratification, on mustering, or signing muster rolls, to be displaced, &c. 17. Officers mustering persons as soldiers, who are not soldiers, deemed guilty of a false muster, &c. 18. Officers making false returns to the department of war, &c., to be cashiered. 19. Commanding officers of regiments, &c., to remit in the beginning of every month, to the department of war, an exact return of the regiment, &c., specifying the names of officers absent, &c. Officers neglecting to send returns, to be punished, &c. 20. Officers and soldiers convicted of desertion, &c., to suffer death or other punishment, &c. 21. Non-commissioned officers or soldiers absenting themselves without leave, to be punished, &c. 22. Non-commissioned officers or soldiers not to enlist in any other regiment, &c., without a regular discharge, &c. Officers knowingly receiving deserters, &c., or not giving notice, &c., to be cashiered. 23. Officers or soldiers persuading others to desert, to suffer death or other punishment, &c. 24. Officers or soldiers using reproachful or provoking speeches, &c., to be put in arrest, or confined, &c. 25. Officers and soldiers neither to send nor accept challenges, on pain of being cashiered, or of suffering corporeal punishment, &c. 26. Officers commanding guards, knowingly suffering persons to go forth to fight duels, to be punished as challengers; and seconds, &c., to be deemed principals, &c. Every officer commanding an army, regiment, &c., knowing to a challenge being given, &c., to arrest and bring offenders to a trial, &c. 27. All officers have power to quell quarrels, frays, &c. Whoever refuses to obey, &c., to be punished, &c. 28. Officers or soldiers upbraiding another for refusing a challenge, to be punished as challengers, &c. 29. Sutlers not permitted to sell liquors, &c., after nine at night, nor before beating of reveille, nor on Sundays during divine service, &c. 30. Commanding officers to see that sutlers supply the soldiers with wholesome provisions, &c. 31. Officers commanding in garrisons, forts, &c., not to exact exorbitant prices for houses, &c., let out to sutlers, nor be interested in the sale of victuals, liquors, &c., on penalty of being discharged. 32. Commanding officers to keep good order, redress abuses, and see reparation made to the parties injured, &c. 33. When any commissioned officer or soldier is accused of a capital crime, or of having committed any offence against the persons or property of citizens, &c., the commanding officers, &c., are required upon application, &c., to use their utmost endeavors to deliver the accused to the civil magistrate, &c. If any commanding officer, &c., neglects or refuses to deliver over the accused, &c., he is to be cashiered. 34. If any officer think himself wronged by his colonel, &c., and, upon application, is refused redress, he may complain to the general, who is to examine into the complaint, &c. 35. If any inferior officer or soldier think himself wronged by his captain, &c., he is to complain to the commanding officer of the regiment, who is required to summon a regimental court-martial, appeal, &c. If the appeal appear vexatious, the person appealing may be punished, &c. 36. Commissioned officers, storekeepers, &c., convicted of having sold without a proper order, &c., any provisions, forage, arms, &c., or negligently suffered any of them to be spoiled,

&c., to make good the loss, forfeit pay, &c. 37. Non-commissioned officers or soldiers convicted of having sold or wasted ammunition, &c., to be punished. 38. Non-commissioned officers or soldiers convicted of having sold, lost, or spoiled their horses, arms, clothes, &c., to undergo weekly stoppages of pay, &c. 39. Officers convicted of embezzlement or misapplication of money entrusted to them for the payment of men, &c., to be cashiered, and compelled to refund; if non-commissioned officers, to be reduced, &c. 40. Every captain of a troop or company accountable for the arms, accoutrements, &c., belonging to the company or troop, &c. 41. Non-commissioned officers and soldiers found one mile from camp without leave in writing, &c., to suffer punishment, &c. 42. No officer or soldier to lie out of quarters, &c., without leave, &c. 43. Non-commissioned officers and soldiers to retire to their tents at the beating of the retreat, &c. 44. No officer or soldier to fail in repairing to the place of parade, if not prevented by sickness, &c., nor leave it before being regularly dismissed, &c. 45. Any commissioned officer found drunk on guard, &c., to be cashiered; and soldiers, &c., in that case, to suffer corporeal punishment, &c. 46. Sentinels sleeping on their posts, &c., to suffer death, &c. 47. No soldier to hire another to do his duty for him, or be excused but in cases of sickness, &c. 48. Noncommissioned officers conniving at hiring of duty, to be reduced, and commissioned officers, knowing and allowing it, to be punished, &c. 49. Any officer who occasions false alarms in camp, &c., to suffer death, or other punishment. 50. Officers or soldiers, without urgent necessity or leave, quitting guard, &c., to be punished, &c. 51. Officers and soldiers not to do violence to persons bringing provisions to camp, &c., out of the United States, on pain of death, &c. 52. Officers or soldiers who misbehave before the enemy, run away, &c., to suffer death, or other punishment, &c. 53. Persons belonging to the armies making known the watchword, &c., to suffer death, or other punishment. 54. Officers and soldiers to behave orderly in quarters, &c., and such as commit waste, &c., unless by order of the commander-in-chief, &c., to be punished, &c. 55. Whosoever, in foreign parts, forces a safeguard, is to suffer death. 56. Whosoever relieves the enemy with money, victuals, &c., is to suffer death, or other punishment, &c. 57. Death, or other punishment, &c., for holding correspondence with or giving intelligence to the enemy, &c. 58. Public stores taken in the enemy's camp, &c., to be secured for the service of the United States, &c. 59. Death, &c., for the officers and soldiers of any garrison, &c., compelling a commander to give up to the enemy, &c. 60. Sutlers and retainers subject to orders, &c. 61. Officers having brevets or commissions of a prior date to those of the regiment in which they serve, may take place, &c., according to the ranks given them, &c. 62. If, upon marches, &c., different corps happen to join, &c., the officer highest in rank, &c., to command, unless, &c. 63. Engineers not to assume, nor be subject to, any duty beyond the line of their immediate profession, except, &c. 64. General courts-martial may consist of any number of commissioned officers, from 5 to 13, &c. 65. General officers, or colonels, commanding, &c., may appoint general courts-martial, &c. No sentence of a courtmartial to be carried into execution until the proceedings have been laid before the officer ordering it, &c. No sentence of a general court-martial, in time of peace, extending to loss of life, &c., or which, in peace or war, respects a general officer, to be carried into execution until the proceedings have been laid before the President, &c. 66. Officers commanding regiments or corps, m..y appoint courts-martial, &c., for offences not capital. Officers commanding gar

risons, &c., may assemble courts-martial, &c. 67. No garrison or regimental court-martial empowered to try capital cases, &c. 68. Whenever convenient, &c., the officers of marines shall be associated with officers of the land force, for holding courts-martial, &c. 69. The judge-advocate, &c., to prosecute in the name of the United States, but shall consider himself counsel for the prisoner, so far, &c. The judge-advocate to administer an oath to each member of the court, &c. Form of the oath. The President of the court to administer an oath to the judge-advocate. Form of the judge-advocate's oath. 70. When a prisoner, from obstinacy, &c., stands mute, &c., the court may proceed to trial, &c. 71. When a member is challenged by a prisoner, he must state the cause, &c. 72. Members to behave with decency; and the youngest in commission to vote first. 73. Witnesses to be examined on oath. Form of the oath of a witness. 74. In cases not capital, &c., depositions may be taken, and read, &c., provided the prosecutor and accused are present, &c. 75. No officer to be tried but by a general court-martial, &c. No proceedings except between eight and three, unless, &c. 76. No person to use menacing words or gestures, &c., in presence of a court-martial, &c. 77. When an officer is charged with a crime, he is to be arrested, deprived of his sword, &c. 78. Non-commissioned officers and soldiers charged with crimes to be confined until tried, &c. 79. Officers and soldiers in arrest not to continue in confinement more than eight days, &c. 80. No officer commanding a guard, &c., to refuse to receive a prisoner, provided, &c. 81. No officer commanding a guard, &c., to release any person committed to his charge, &c. 82. Officers to whom prisoners are committed, to make report, &c., within twenty-four hours, of their names, crimes, &c. 83. Commissioned officers convicted, &c., of conduct unbecoming an officer, &c., to be dismissed, &c. 84. In cases where a court-martial suspends an officer from command, they are empowered to suspend his pay and emoluments, &c. 85. Where a commissioned officer is cashiered for cowardice or fraud, the crime, name, &c., of the delinquent, to be published, in the newspapers, &c. 86. Where the number of officers is not adequate to form a general court-martial, the commanding officer of the detachment, &c., to report to the commanding officer of the department, &c. 87. No person to be sentenced to death, but by the concurrence of two-thirds of the members of a general court-martial, &c., nor more than fifty lashes to be inflicted. 88. No person liable to be tried and punished by a general courtmartial for any offence committed more than two years before, unless, &c. 89. Every officer authorized to order a general court-martial, empowered to pardon or mitigate any punishment, &c., except, &c. The colonel, &c., of a regiment or garrison, &c., may pardon or mitigate, &c. 90. Judge-advocates, &c., to transmit, as expeditiously as possible, the original proceedings and sentences of general courts-martial to the secretary of war, in whose office they shall be preserved. The party tried by a general court-martial entitled to a copy of the sentence, &c. 91. Where the general, &c., may order a court of inquiry, &c., the court to consist of not exceeding three, and a judge-advocate, &c., to be sworn, &c. Courts of inquiry to have the same powers as courtsmartial to summon witnesses, &c., but are not to give an opinion unless specially required, &c. 92. Proceedings of courts of inquiry to be authenticated by the signatures of the recorder and president, &c., and may be admitted as evidence by courts-martial in cases not capital, &c., provided, &c. Courts of inquiry prohibited unless directed by the President, &c. 93. The judge-advocate, &c., to administer an oath to the members. Form of the oath. The pre