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that said assistant surgeons shall be entitled to receive the same allowance for forage as they are at present entitled to. (a)

145. Every surgeon and assistant surgeon, who shall have served faithfully ten years in these grades, respectively, shall be entitled to receive an increase of rations, per day, equal to the number of rations to which he may be entitled under this act.

30 June 1834.

Ibid. 3.

146. That the president of the United States be and he hereby is authorized and em- 4 July 1830 & 4. powered to appoint three additional surgeons and five assistant surgeons, to be attached

to the medical staff of the army.

5 stat. 117.

5 Stat. 200.

147. That the president be, and he is hereby authorized, by and with the advice and 5 July 1838 ? 33. consent of the senate, to appoint seven additional surgeons; and that the officers whose appointment is authorized in this section, shall receive the pay and allowances of officers Further increase of the same grades respectively.

of surgeons.

5 Stat. 513.

duced.

148. That, within one month after the passage of this act, the offices of one inspector- 23 Aug. 1812 § ₺ general, (b) of three paymasters, two surgeons and ten assistant surgeons of the army shall be abolished, and that number of paymasters, surgeons and assistant surgeons, Medical staff reshall be discharged by the president, and they shall be allowed three months' pay, in addition to the pay and emoluments to which they may be entitled at the time of their discharge.

9 Stat. 551

149. That the medical staff of the army be increased by the addition of ten assistant 2 March 1849 § 2 surgeons, to be appointed as provided by existing laws, and the regulations made under them.(c)

150. That there be added to the medical department of the army four surgeons and 16 Aug. 1856 3 1. eight assistant surgeons, to be appointed in accordance with existing laws.

11 Stat. 51.

Ibid. 22.

151. That the secretary of war be, and he is hereby, authorized to appoint, from the enlisted men of the army, or to cause to be enlisted, as many competent hospital stewards Ios ital stewas the service may require, not to exceed one for each military post. The said hospital ards. stewards to be mustered and paid on hospital muster rolls, as non-commissioned staff officers, with the rank, pay and emoluments of a sergeant of ordnance, and to be permanently attached to the medical and hospital department, under such regulations as shall be prescribed by the secretary of war.

XII. CHAPLAINS.

152. There shall be appointed to each brigade one chaplain, who shall be entitled to 11 Jan. 1812 ? 24 the same pay and emoluments as a major in the infantry.(d)

2 Stat. 674.

5 Stat. 259.

153. It shall be lawful for the officers composing the council of administration at any 5 July 1838 2 18 post, from time to time, to employ such person as they may think proper to officiate as chaplain, who shall also perform the duties of schoolmaster at such post; and the person Chaplains for military posts. so employed shall, on the certificate of the commanding officer of the post, be paid such sum for his services, not exceeding forty dollars per month, as may be determined by Pay and rations the said council of administration, with the approval of the secretary of war; and, in addition to his pay, the said chaplain shall be allowed four rations per diem, with quarters and fuel.

154. The posts at which chaplains shall be allowed shall be limited to the number of 7 July 1838 2 1 twenty, and shall be first approved by the secretary at war, and shall be confined to places most destitute of instruction.

5 Stat. 308. Number limited

9 Stat. 351.

155. That the provisions of the act of 1838 (e) be, and hereby are, extended so as to 2 March 1849 § 7 authorize the employment of ten additional chaplains, for military posts of the United States.

XIII. PROMOTIONS.

3 Stat. 114.

made through

156. Promotions may be made through the whole army in its several lines of light 30 Mar. 1814 2 12 artillery, light dragoons, artillery, infantry and riflemen respectively; and that the relative rank of officers of the same grade, belonging to regiments or corps already Promotions to be authorized, or which may be engaged to serve for five years, or during the war, be the whole line of equalized and settled by the war department, agreeably to established rules; and that army. so much of the act, entitled "An act for the more perfect organization of the army of the United States," passed the 26th of June 1812, (g) as comes within the purview and meaning of this act, be and the same is hereby repealed.

the

157. All promotions in the staff department or corps, shall be made as in other corps 3 March 1851 Į L. of the army.(h)

(a) See infra, 300. By act 5 July 1838, 224, infra, 311, the officers of the medical department are to receive the pay and emoluments of officers of cavalry, of the same grades respectively, according to which they are paid by existing laws. 5 Stat. 259. (b) Restored by act 12 January 1846. 9 Stat. 2.

(c) By act 18 June 1846, 5, supra, 109, the president is authorized, whenever volunteers or militia are called into the service, to appoint such additional number of officers to the medical department of the army as may be necessary, not exceeding one surgeon and one assistant surgeon for each regiment.

9 Stat. C1S.

(d) One to be stationed at West Point, by act 14 April 1818, 2 2z; supra. 42. (e) Supra, 153. (g) 2 Stat 764. See supra, 140, as to promotions in the quar termaster's department.

(4) By act 5 July 1838, 28. supra, 135, the transfer of officers from the line to the staff of the adjutant-general, is to be without projudice to their rank and promotion in the line. And by act 18 June 1846, § 7, supra, 140, appointments in the line, and in the general staff. which confer equal rauk in the army, shail not Le held by the same officer, at the same time.

3 March 1853 29. 10 Stat. 219.

Lieutenants in the engineers

158. Whenever any lieutenant of the corps of engineers, corps of topographical engineers or ordnance corps, shall have served fourteen years' continuous service as lieutenant, he shall be promoted to the rank of captain: Provided, That the whole and ordnance to number of officers in either of said corps shall not be increased beyond the number now be promoted after fixed by law: And provided further, That no officer shall be promoted before those who rank him in his corps.

14 years' service.

6 July 1812 84. 2 Stat. 785.

President may confer rank by brevet.

No additional

pay, except, &c.

16 April 1818 3 Stat. 427.

Ibid. 2.

3 March 1839

5 Stat. 352.

4 Aug. 1854 25. 10 Stat. 575.

1.

1.

XIV. BREVET RANK.

159. The president is hereby authorized to confer brevet rank on such officers of the army as shall distinguish themselves by gallant actions (a) or meritorious conduct, [or who shall have served ten years in any one grade:] (b) Provided, That nothing herein contained shall be so construed as to entitle officers so brevetted to any additional pay or emoluments, [except when commanding separate posts, districts or detachments,] (c) when they shall be entitled to, and receive the same pay and emoluments to which officers of the same grades are now or hereafter may be allowed by law.

160. The officers of the army, (d) who have brevet commissions, shall be entitled to and receive the pay and emoluments of their brevet rank when on duty, and having a command according to their brevet rank, and at no other time. (e)

161. No brevet commission shall hereafter be conferred but by and with the advice and consent of the senate.

162. That from and after the passing of this act, the act entitled "An act regulating the pay and emoluments of brevet officers," approved April 16th 1818, be, and the same shall be, so construed, as to include the case of the adjutant-general of the United States. 163. That the president of the United States be, and he is hereby, authorized, by and with the advice and consent of the senate, to confer the brevet of second lieutenant upon When non-com- such meritorious non-commissioned officers, as may, under regulations to be established, be brought before an army board, composed of four officers of rank, specially convened for the purpose, and be found qualified for the duties of commissioned officers; and to attach them to regiments, as supernumerary officers, according to the provisions of the 4th section of the act approved April 29th 1812, entitled “An act making further provision for the corps of engineers."(g)

missioned officers

may receive brevet commissions.

20 Jan. 1813 6. 2 Stat. 792.

service may be enlisted.

XV. ENLISTMENTS.

164. It shall be lawful for any person during the time he may be performing a tour of militia duty to enlist in the regular army of the United States, and the recruiting Militia in actual officers are hereby authorized to enlist any such person in the same manner, and under the same regulations, as if he were not performing such militia duty; and every person who shall enlist, while performing a tour of militia duty as aforesaid, shall be thereby exonerated from serving the remainder of said tour; and the state to which he may belong shall not be required to furnish any other person to serve in his stead.

10 Dec. 1814 1. 3 Stat. 146.

Recruits to be able-bodied men

165. Each and every commissioned officer who shall be employed in the recruiting service, shall be, and he hereby is authorized to enlist into the army of the United States, any free effective able-bodied man, between the ages of eighteen and fifty years;(h) which between eighteen enlistment shall be absolute and binding upon all persons under the age of twenty-one and fifty years of years, (i) as well as upon persons of full age, such recruiting officer having complied with all the requisitions of the laws regulating the recruiting service.(k)

age.

(a) By resolution of 15 February 1855, it is provided: That the grade of lieutenant-general be, and the same is hereby, revived, in the army of the United States, in order that when, in the opinion of the president and senate, it shall be deemed proper to acknowledge eminent services of a major-general of the army in the late war with Mexico, in the mode already provided for in subordinate grades, the grade of lieutenant-general may be specially conferred by brevet, and by brevet only, to take rank from the date of such service or services: Provided however, That when the said grade of lieutenant-general by brevet shall have once been filled, and have become vacant, this joint resolution shall thereafter expire and be of no effect. 10 Stat. 723. See act 28 May 1798, 1 Stat. 558, whereby the grade of lieutenant-general was created. And as to the construction of the resolution of 1855, see 7 Opin. 399, 709; and act 3 March 1857, 16. 11 Stat. 205.

(b) Clause within brackets repealed, by act 30 June 1834, 29. 4 Stat. 713. And see, as to the construction of this clause, 1 Opin. 653; 2 Ibid. 71.

(c) See infra, 160. And 1 Opin. 525. 2 Ibid. 223.

(d) This includes the officers of the marine corps. United States Freeman, 3 How. 556. The promotion of an officer by brevet does not release him from any duty or service properly appertain ing to his lineal rank in the army. Gratiot v. United States, 4 Ibid. 118.

(e) What is a command according to brevet rank, the law does not decide; it is left to be determined by the regulations of the army. 1 Opin. 547, 564. It takes effect whenever, by special assignment, the brevet officer is invested with a separate command, comprising troops of different corps, at a particular post. Ibid. 604. A brevet captain must command a company; a brevet major and a brevet lieutenant-colonel, a battalion; a brevet colonel, a regiment; a brevet brigadier-general, a brigade; a brevet majorgeneral, a division. Ibid. 523. A battalion must consist, however large the number of men, of at least two organized compamies, and their officers. United States v. Freeman, 1 W. & M.

51-2. And a brigade must consist of at least two full regiments. 3 Opin. 83. See also 2 Opin. 223, 646, 697. 6 Ibid. 211.

(g) See supra, 40. And see act 3 March 1847, 17, which provided" that when any non-commissioned officer shall distinguist himself, or may have distinguished himself in the service, the president of the United States shall be, and is hereby, authorized, on the recommendation of the commanding officer of the regiment to which such non-commissioned officer belongs, to attach him by brevet of the lowest grade of rank, with the usual pay and emoluments of such grade, to any corps of the army: Provided, That there shall not be more than one so attached to any one company at the same time; and when any private soldier shall so distinguish himself, the president may in like manner grant him a certificate of merit, which shall entitle him to additional pay at the rate of two dollars per month." 9 Stat. 186. See 5 Opin. 22, as to the construction of this act: and act 4 August 1854, 4; infra, 319.

(h) By act 5 July 1838, 16, infra, 309, it is provided that "all enlistments in the army of the United States shall be for five years." No discretion has been conferred to contract for such service either conditionally, or for a shorter term. 4 Opin. 537.

(i) Congress have a constitutional power to enlist minors, in the navy or army, without the consent of their parents. United States v. Bainbridge, 1 Mas. 71. Case of Emanuel Roberts, 2 Hall's L. J. 192. United States v. Stewart, Crabbe, 265. Commonwealth v. Murray, 4 Binn. 487. Commonwealth v. Barker, 5 Ibid. 423. State v. Brearly, 2 South, 562. Ex parte Brown, 5 Cr. C. C. 554. Public policy requires that a minor shall be at liberty to enter into a contract to serve the state, whenever such contract is not positively forbidden by the state itself. Commonwealth v. Gamble, 11 S. & R. 94. So an alien may be enlisted. 4 Opin. 350 6 Ibid. 474.

(k) As to what constitutes an enlistment in the army of the United States: see In the matter of Ephraim Merritt, 5 Hall's L. J. 497.

tract.

166. It shall not be lawful for any recruiting officer to pay or deliver to a recruit 10 Dec. 1814 & 2 under the age of twenty-one years, to be enlisted by virtue of this act, any bounty or Minors to have clothing, or in any manner restrain him of his liberty, until after the expiration of four four days tɔ redays from the time of his enlistment; and it shall be lawful for the said recruit at any time during the said four days, to reconsider and withdraw his enlistment, and thereupon he shall forthwith be discharged and exonerated from the same.

Ibid. 23.

the consent of

In case of ap

167. So much of the 5th section of the act passed the 20th day of January 1813, entitled "An act supplementary to the act, entitled 'An act for the more perfect orga- Minors may be nization of the army of the United States'" as requires the consent, in writing, of the enlisted without parent, guardian or master, to authorize the enlistment of persons under the age of their parents or twenty-one years, shall be, and the same is hereby repealed: (a) Provided however, That guardians. in case of the enlistment of any person held to service as an apprentice, under the pro- prentices, masvisions of this act, whenever such person, at the time of his enlistment, shall be held by ters to have part his indenture to serve for any term between two and three years, his master shall be entitled to receive one half of the money bounty; (b) if held, in like manner, to serve between one and two years, the master shall be entitled to receive one-third of the money bounty as aforesaid; and if held, in like manner, to serve one year or less, the master shall be entitled to receive one-fourth of the money bounty as aforesaid. 168. No premium to officers, for enlisting recruits, nor bounties to recruits for enlist- 2 March 1833 8 5. ing, shall be allowed after the passage of this act.

169. No person who has been convicted of any criminal offence, shall be enlisted into the army of the United States.

of the bounty.

4 Stat. 647.

Ibid. 26.

5 Stat. 200

170. That so much of the 11th section of the act of the 16th March 1802, (c) and so 5 July 1838 2 30. much of the 5th section of the act of the 12th of April 1808, (d) as fix the height of enlisted men at five feet six inches, be and the same are hereby repealed,

Size of recruits.

9 Stat. 439.

listment at dis

tant posts.

171. Whenever enlistments are made at, or in the vicinity of, the said military posts, 17 June 1850 ¿ & and remote and distant stations, a bounty equal in amount to the cost of transporting and subsisting a soldier from the principal recruiting depot, in the harbor of New York, Bounty for ento the place of such enlistment, be, and the same is hereby allowed to each recruit so enlisted, to be paid in unequal instalments at the end of each year's service, so that the several amounts shall annually increase, and the largest be paid at the expiration of each enlistment.(e)

9 Stat. 507.

172. It shall be the duty of the secretary of war to order the discharge of any soldier 28 Sept. 1850 of the army of the United States, who at the time of his enlistment was under the age of twenty-one years, upon evidence being produced to him that such enlistment was without the consent of his parent or guardian.(g)

10 Stat. 575.

Bounty for re

enlistment.

173. Every soldier, who, having been honorably discharged from the service of the 4 Aug. 1854 3 2. United States, shall, within one month thereafter, re-enlist, shall be entitled to two dollars per month, in addition to the ordinary pay of his grade, for the first period of five years after the expiration of his previous enlistment, and a further sum of one dollar per month for each successive period of five years, so long as he shall remain continuously in the army; and that soldiers now in the army, who have served one or more enlistments, and been honorably discharged, shall be entitled to the benefits herein provided for a second enlistment.

XVI. ARTICLES OF WAR.

2 Stat. 359.

174. That from and after the passing of this act, the following shall be the rules and 10 April 1806 8 1. articles by which the armies of the United States shall be governed :—

scribe articles.

divine service.

ART. I. Every officer now in the army of the United States shall, in six months from Officers to subthe 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. 175. ART. II. It is earnestly recommended to all officers and soldiers diligently to attend Attendance at 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-com- Penalty for mismissioned 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.

(a) The secretary of war is n t required to discharge minors, who, at the time of enlistment, had no parents or guardians. 5 Opin. 313. Or of alleged parents or guardians not domiciled in the United States. 6 Ibid. 607.

(b) Bounty for enlistment repealed, infra, 168; except at distant posts: infra, 171.

(e) 2 Stat. 134-5. (Supra, 12.

conduct at.

the act 5 July 1838. 6 Opin. 187. The provisions of the net of 1838, on the subject of re-enlistments, appear to be supplied by the act of 1854; infra, 173. And see 5 Opin. 400.

(g) In order to effect the discharge of minors who, having parents or guardians, enlisted without their consent, it is necessary that such parents or guardians concur in the application. Therefore, minors having parents or guardians, and enlisting without their consent, are not entitled, during their minority, to make proof

(e) This is an addition to the bounty for re-enlistment given by and claim their own discharge. 5 Opin. 313.

10 April 1806. Profane swearing.

Chaplains to be

176. ART. III. Any non-commissioned officer or soldier who shall use any profane oath or execration, shall incur the penalties expressed in the foregoing article; and a commissioned officer shall forfeit and pay for each and every such offence one dollar, to be applied as in the preceding article.

177. ART. IV. Every chaplain, commissioned in the army or armies of the United States fined for absence. 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.

Contemptu us or 178. ART. V. Any officer or soldier who shall use contemptuous or disrespectful words disrespectful words against the against the president of the United States, against the vice president thereof, against the president, &c. 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.

Disrespect to com

179. ART. VI. Any officer or soldier who shall behave himself with contempt or dismanding officer. respect towards his commanding officer, shall be punished according to the nature of his offence, by the judgment of a court martial.

Mutiny.

Neglect to give

or to suppress mutiny.

180. ART. VII. 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, shall suffer death, or such other punishment as by a court martial shall be inflicted.

181. ART. VIII. Any officer, non-commissioned officer or soldier, who, being present information of, at any mutiny or sedition, does not use his utmost endeavor to suppress the same, or coming to the knowledge of any intended mutiny, does not, without delay, give informamation 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.

Striking a su perior officer.

Articles to be read to recruits.

Qath.

Certificate.

Discharge to be in writing.

How given.

Commissioned officers.

Furloughs.

182. ART. IX. 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.

183. ART. X. 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 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:"(a) 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.

184. ART. XI. 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, (b) 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.

185. ART. XII. 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, or in any garrison, fort or barrack of the United States, (his field officer being absent), may give furloughs to non-commissioned officers or

(a) See act 8 January 1812, 18; infra, 334. A lieutenant-colonel commanding the marine corps cannot legally grant discharges to marines before the expiration of their

term of enlistment; but such discharges can only be granted by the president of the United States, or in conformity to such regu lations as he may think proper to prescribe. 2 Opin 353.

soldiers, for a time not exceeding twenty days in six months, but not to more than two per 10 April 1806. sons to be absent at the same time, excepting some extraordinary occasion shall require it.

186. ART. XIII. At every muster the commanding officer of each regiment, troop or Certificates of company there present, shall give to the commissary of musters, or other officer who absence to be given. 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, To be remitted to the war departtogether with the muster rolls, be remitted by the commissary of musters, or other officer ment. mustering to the department of war, as speedily as the distance of the place will admit. 187. ART. XIV. Every officer who shall be convicted before a general court martial, Signing false cer 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.

tificate.

musters.

188. ART. XV. Every officer who shall knowingly make a false muster of man or horse, Making false 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.

for mustering or

189. ART. XVI. Any commissary of musters, or other officer who shall be convicted Taking money of having taken money or other thing, by way of gratification, on mustering any regi signing muster ment, troop or company, or on signing muster rolls, shall be displaced from his office, rolls. and shall be thereby utterly disabled to have, or hold any office or employment in the service of the United States.

190. ART. XVII. Any officer who shall presume to muster a person as a soldier, who Mustering peris not a soldier, shall be deemed guilty of having made a false muster, and shall suffer sons not soldiers accordingly.

returns.

191. ART. XVIII. Every officer who shall knowingly make a false return to the depart- Making false ment 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.

monthly returns.

192. ART. XIX. The commanding officer of every regiment, troop or independent Commanding company or garrison of the United States, shall, in the beginning of every month, remit cers to make through the proper channels, to the department of war, an exact return of the regiment, troop, independent company or garrison, 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.

193. ART. XX. All officers, and soldiers, who have received pay, or have been duly Desertion. enlisted in the service of the United States, and shall be convicted of having deserted

the same, shall suffer death, (a) or such other punishment as by sentence of a court martial shall be inflicted.

leave.

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

other corps with

195. ART. XXII. No non-commissioned officer or soldier shall enlist himself in any Enlistments in other regiment, troop or company, without a regular discharge from the regiment, troop out a discharge. or company in which he last served, on the penalty of 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, the said officer shall, by a court martial, be cashiered.

desert.

196. ART. XXIII. Any officer or soldier who shall be convicted of having advised or Advising to persuaded any other officer or soldier to desert the service of the United States, shall suffer death, or such other punishment as shall be inflicted upon him by the sentence of a court martial.

197. ART. XXIV. No officer or soldier shall use any reproachful or provoking speeches Reproachful or or gestures to another, upon pain, if an officer, of being put in arrest; if a soldier, con- provoking lan

guage, &c.

(a) By act 29 May 1830, infra, 281, no officer or soldier in the army of the United States, shall be subject to the punishment of death for desertion in time of peace.

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