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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 ex. pired, but by order of the President, the secretary of var, the commanding officer of a department, 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.
Art. 12. Every colonel, or other officer command. ing a regiment, troop, or company, and actually quar. tered 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 held officer being absent,) may give furloughs to noncommissioned officers or soldiers, for a time not ex ceeding twenty days in six months, but not to more than two persons to be absent at the same time, excepting some extraordinary occasion should require it.
ART. 13. At every muster, the commanding officer of each regiment, troop, or company there present, shall give to the commissary of inusters, or other of ficer who 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 ab
In like manner, the commanding officer of every troop, or company, shall give certificates, sig. vifying 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 shally
together with the muster-rolls, be remitted by the commissary of musters, or other officer mustering, to the department of war as speedily as the distance of the place will admit.
ART. 14. Every officer who shall be convicteds before a general court martial, 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.
ART. 15. Every officer who shall knowingly make a false muster of man or horse, 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.
Art. 16. Any commissary of musters or other officer, who shall be convicted of having taken money or other thing, by way of gratification, on the mustering any regiment, troop, or company, or on signing muster-rolls, shall be displaced from his office, and shall be thereby utterly disabled to have or hold any office or employment in the service of the United States.
Art. 17. Any officer who shall presume to muster a person as a soldier, who is not a soldier, shall be deemed guilty of having made a false muster, and shall suffer accordingly.
ART. 18. Every officer who shall knowingly make a false return to the department of war, or to any of his superior officers, authorized to call for such ré. turns, 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 coure inartial, be cashiered. ART. 19. The commanding officer of every regia ment, troop, or independent company, or garrison of the United States, shall, in the beginning of every month, remit 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 officers then absent from their posts, and 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.
ART. 20. All officers and soldiers, who have received pay, or have been duly enlisted in the service of the United States, and shall be convicted of having deserted the same, shall suffer death, or such other punishment as by sentence of a court martial shall be inflicted.
Art. 21. Any non-commissioned officer or soldier, who shall, without leave from 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.
ART. 22. No non-commissioned officer or soldier, shall enlist himself in any other regiment, troop, or company, without a regular discharge from the regi. ment, troop, 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.
ART. 23. Any officer or soldier, who shall be convicted of having advised or persuaded any other officer or soldier, to desert the service of the United States, shall suffer death, or such other punishment
as shall be inficted upon him by the sentence of a court martial.
Art. 24. No officer or soldier shall use any reproachful or provoking speeches or gestures to another, upon pain, if an officer, of being put in arrest ; if a soldier, confined, and of asking pardon of the party offended, in the presence of his commanding officer.
ART. 25. No officer or soldier, shall send a challenge to another officer or soldier, to fight a duel, or accept a challenge, if sent, upon pain, if a commissioned officer, of being cashiered ; if a missioned officer or soldier, of suffering corporal punishment at the discretion of a conrt martial.
ART. 26. If any commissioned or non-commissioned officer commanding a guard, shall knowingly or willingly suffer any person whatsoever to go forth to fight a duel, he shall be punished as a challenger ; and all seconds, promoters and carriers of challenges, in order to duels, shall be deemed principals, and be punished accordingly. And it shall be the duty of every officer commanding an army, regiment, company, post or detachment, who is knowing to a challenge being given, or accepted, by any officer, non-commissioned officer, or soldier, under his command, or has reason to believe the same to be the case, immediately to arrest and bring to trial such offenders.
ART. 27. 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-commis. sioned officers or soldiers into confinement, until 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. 28. Any officer or soldier, who shall upbraid another for refusing a challenge, shall himself be punished as a challenger ; and all officers and soldiers are hereby discharged from 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 laws, and done their duty as good soldiers, who subject themselves to discipline.
ART. 29. No suttler shall be permitted to sell aný 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 suttling.
ART. 30. All officers commanding in the field, forts, barracks, or garrisons of the United States, are hereby required to see that the persons permitted to suttle, shall supply the soldiers with good and wholesome provisions, or other articles, at a reasonable price, as they shall be answerable for their neglect.
ART. 31 No oflicer commanding in any of the garrisons, forts or barracks of the United States, shall exact exorbitant prices for houses or stalis let out to suttlers, or comive at the like exactions in others ; hor by his own authority, and for his private advantage, lay any duty or imposition upon, or be interested in the sale of any victuals, liquors, or other necessaries of life, brought into the garrison, fort or barracks, for the use of the soldiers, on the penalty of being discharged from the service.
ART. 32. Every officer commanding in quarters, garrisons, or on the march, shall keep good order, and to the utmost of his power, redress all 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: ors