Russia, Prussia, and England, whereby the last engaged to provide means
for carrying on the war against Napoleon I. on certain conditions, June
14-15, 1813. Austria joined the alliance soon after. Here Duroc was
killed during the conflicts between the French and the allies, May 22,
1813.
S.
=Shako.= A kind of military cap.
T.
=Tesseræ Militares.= Military watchwords, or countersigns, among the
ancient Romans.
V.
=Viana.= A town of Portugal, in the province of Minho, situated on the
Lima, 38 miles north from Oporto. This place surrendered to Admiral Sir
Charles Napier in the civil war which deprived Don Miguel of the throne
of Portugal.
ARTICLES OF WAR.
SECTION 1342. 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 non-commissioned officers, musicians,
artificers, and privates, and other enlisted men, and the convictions
mentioned therein shall be understood to be convictions by
court-martial.
ARTICLE 1. 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.
ART. 2. 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.
ART. 3. 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 persons, 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.
ART. 4. 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; 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.
ART. 5. Any officer who knowingly musters as a soldier a person who is
not a soldier shall be deemed guilty of knowingly making a false muster,
and punished accordingly.
ART. 6. Any officer who takes money, or other thing, by way of
gratification, on mustering any regiment, troop, battery, or company, or
on signing muster-rolls, shall be dismissed from the service, and shall
thereby be disabled to hold any office or employment in the service of
the United States.
ART. 7. Every officer commanding a regiment, an independent troop,
battery, or company, or a garrison, shall, in the beginning of every
month, transmit through the proper channels, to the Department of War,
an exact return of the same, 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, through neglect or design, omits to send
such returns, shall, on conviction thereof, be punished as a
court-martial may direct.
ART. 8. Every officer who knowingly makes a false return to the
Department 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.
ART. 9. All public stores taken from the enemy shall be secured for the
service of the United States; and for neglect thereof the commanding
officer shall be answerable.
ART. 10. Every officer commanding a troop, battery, or company, is
charged with the arms, accoutrements, ammunition, clothing, or other
military stores belonging to his command, and is accountable to his
colonel in case of their being lost, spoiled, or damaged otherwise than
by unavoidable accident, or on actual service.
ART. 11. Every officer commanding a regiment or an independent troop,
battery, or company, not in the field, may, when actually quartered with
such command, grant furloughs to the enlisted men, in such numbers and
for such time as he shall deem consistent with the good of the service.
Every officer commanding a regiment, or an independent troop, battery,
or company, in the field, may grant furloughs not exceeding thirty days
at one time, to five per centum of the enlisted men, for good conduct in
the line of duty, but subject to the approval of the commander of the
forces of which said enlisted men form a part. Every company officer of
a regiment, commanding any troop, battery, or company not in the field,
or commanding in any garrison, fort, post, or barrack, may, in the
absence of his field-officer, grant furloughs to the enlisted men, for a
time not exceeding twenty days in six months, and not to more than two
persons to be absent at the same time.
ART. 12. At every muster of a regiment, troop, battery, or company, the
commanding officer thereof shall give to the mustering officer
certificates, signed by himself, stating how long absent officers have
been absent and the reasons of their absence. And the commanding officer
of every troop, battery, or company shall give like certificates,
stating how long absent non-commissioned officers and private soldiers
have been absent and the reasons of their absence. Such reasons and time
of absence shall be inserted in the muster-rolls opposite the names of
the respective absent officers and soldiers; and the certificates,
together with the muster-rolls, shall be transmitted by the mustering
officer to the Department of War, as speedily as the distance of the
place and muster will admit.
ART. 13. Every officer who signs a false certificate, relating to the
absence or pay of an officer or soldier, shall be dismissed from the
service.
ART. 14. Any officer who knowingly makes a false muster of man or horse,
or who signs, or directs, or allows the signing of any muster-roll,
knowing the same to contain a false muster, shall, upon proof thereof by
two witnesses, before a court-martial, be dismissed from the service,
and shall thereby be disabled to hold any office or employment in the
service of the United States.
ART. 15. Any officer who, willfully or through neglect, suffers to be
lost, spoiled, or damaged, any military stores belonging to the United
States, shall make good the loss or damage, and be dismissed from the
service.
ART. 16. Any enlisted man who sells, or willfully or through neglect
wastes the ammunition delivered out to him, shall be punished as a
court-martial may direct.
ART. 17. Any soldier who sells or, through neglect, loses or spoils his
horse, arms, clothing, or accoutrements, shall suffer such stoppages,
not exceeding one-half of his current pay, as a court-martial may deem
sufficient for repairing the loss or damage, and shall be punished by
confinement or such other corporal punishment as the court may direct.
ART. 18. Any officer commanding in any garrison, fort, or barracks of
the United States who, for his private advantage, lays any duty or
imposition upon, or is interested in, the sale of any victuals, liquors,
or other necessaries of life, brought into such garrison, fort, or
barracks, for the use of the soldiers, shall be dismissed from the
service.
ART. 19. Any officer who uses contemptuous or disrespectful words
against the President, the Vice-President, the Congress of the United
States, or the chief magistrate or legislature of any of the United
States in which he is quartered, shall be dismissed from the service, or
otherwise punished as a court-martial may direct. Any soldier who so
offends shall be punished as a court-martial may direct.
ART. 20. Any officer or soldier who behaves himself with disrespect
towards his commanding officer shall be punished as a court-martial may
direct.
ART. 21. Any officer or soldier who, on any pretense whatsoever, strikes
his superior officer, or draws or lifts up any weapon, or offers any
violence against him, being in the execution of his office, or disobeys
any lawful command of his superior officer, shall suffer death, or such
other punishment as a court-martial may direct.
ART. 22. Any officer or soldier who begins, excites, causes, or joins in
any mutiny or sedition, in any troop, battery, company, party, post,
detachment, or guard, shall suffer death, or such other punishment as a
court-martial may direct.
ART. 23. Any officer or soldier who, being present at any mutiny or
sedition, does not use his utmost endeavor to suppress the same, or
having knowledge of any intended mutiny or sedition, does not, without
delay, give information thereof to his commanding officer, shall suffer
death, or such other punishment as a court-martial may direct.
ART. 24. All officers, of what condition soever, have power to part and
quell all quarrels, frays, and disorders, whether among persons
belonging to his own or to another corps, regiment, troop, battery, or
company, and to order officers into arrest, and non-commissioned
officers and soldiers into confinement, who take part in the same, until
their proper superior officer is acquainted therewith. And whosoever,
being so ordered, refuses to obey such officer or non-commissioned
officer, or draws a weapon upon him, shall be punished us a
court-martial may direct.
ART. 25. No officer or soldier shall use any reproachful or provoking
speeches or gestures to another. Any officer who so offends shall be put
in arrest. Any soldier who so offends shall be confined, and required to
ask pardon of the party offended, in the presence of the commanding
officer.
ART. 26. No officer or soldier shall send a challenge to another officer
or soldier to fight a duel, or accept a challenge so sent. Any officer
who so offends shall be dismissed from the service. Any soldier who so
offends shall suffer such corporal punishment as a court-martial may
direct.
ART. 27. Any officer or non-commissioned officer, commanding a guard,
who, knowingly and willingly, suffers any person to go forth to fight a
duel, shall be punished as a challenger; and all seconds or promoters of
duels, and carriers of challenges to fight duels, shall be deemed
principals, and punished accordingly. It shall be the duty of any
officer commanding an army, regiment, troop, battery, company, post, or
detachment, who knows or has reason to believe that a challenge has been
given or accepted by any officer or enlisted man under his command,
immediately to arrest the offender and bring him to trial.
ART. 28. Any officer or soldier who upbraids another officer or soldier
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 challenges, as they will only have acted in obedience to the law,
and have done their duty as good soldiers, who subject themselves to
discipline.
ART. 29. Any officer who thinks himself wronged by the commanding
officer of his regiment, and, upon due application to such commander, is
refused redress, may complain to the general commanding in the State or
Territory where such regiment is stationed. The general shall examine
into said complaint and take proper measures for redressing the wrong
complained of; and he shall, as soon as possible, transmit to the
Department of War a true statement of such complaint, with the
proceedings had thereon.
ART. 30. Any soldier who thinks himself wronged by any officer may
complain to the commanding officer of his regiment, who shall summon a
regimental court-martial for the doing of justice to the complainant.
Either party may appeal from such regimental court-martial to a general
court-martial; but if, upon such second hearing, the appeal appears to
be groundless and vexatious, the party appealing shall be punished at
the discretion of said general court-martial.
ART. 31. Any officer or soldier who lies out of his quarters, garrison,
or camp, without leave from his superior officer, shall be punished as a
court-martial may direct.
ART. 32. Any soldier who absents himself from his troop, battery,
company, or detachment, without leave from his commanding officer, shall
be punished as a court-martial may direct.
ART. 33. Any officer or soldier who fails, except when prevented by
sickness or other necessity, to repair, at the fixed time, to the place
of parade, exercise, or other rendezvous appointed by his commanding
officer, or goes from the same, without leave from his commanding
officer, before he is dismissed or relieved, shall be punished as a
court-martial may direct.
ART. 34. Any soldier who is found one mile from camp, without leave in
writing from his commanding officer, shall be punished as a
court-martial may direct.
ART. 35. Any soldier who fails to retire to his quarters or tent at the
beating of retreat, shall be punished according to the nature of his
offense.
ART. 36. No soldier belonging to any regiment, troop, battery, or
company shall hire another to do his duty for him, or be excused from
duty, except in cases of sickness, disability, or leave of absence.
Every such soldier found guilty of hiring his duty, and the person so
hired to do another’s duty, shall be punished as a court-martial may
direct.
ART. 37. Every non-commissioned officer who connives at such hiring of
duty shall be reduced. Every officer who knows and allows such practices
shall be punished as a court-martial may direct.
ART. 38. Any officer who is found drunk on his guard, party, or other
duty, shall be dismissed from the service. Any soldier who so offends
shall suffer such punishment as a court-martial may direct. No
court-martial shall sentence any soldier to be branded, marked, or
tattooed.
ART. 39. Any sentinel who is found sleeping upon his post, or who leaves
it before he is regularly relieved, shall suffer death, or such other
punishment as a court-martial may direct.
ART. 40. Any officer or soldier who quits his guard, platoon, or
division, without leave from his superior officer, except in a case of
urgent necessity, shall be punished as a court-martial may direct.
ART. 41. Any officer who, by any means whatsoever, occasions false
alarms in camp, garrison, or quarters, shall suffer death, or such other
punishment as a court-martial may direct.
ART. 42. Any officer or soldier who misbehaves himself before the enemy,
runs away, or shamefully abandons any fort, post, or guard, which he is
commanded to defend, or speaks words inducing others to do the like, or
casts away his arms or ammunition, or quits his post or colors to
plunder or pillage, shall suffer death, or such other punishment as a
court-martial may direct.
ART. 43. If any commander of any garrison, fortress, or post is
compelled, by the officers and soldiers under his command, to give up to
the enemy or to abandon it, the officers or soldiers so offending shall
suffer death, or such other punishment as a court-martial may direct.
ART. 44. Any person belonging to the armies of the United States who
makes known the watch-word to any person not entitled to receive it,
according to the rules and discipline of war, or presumes to give a
parole or watch-word different from that which he received, shall suffer
death, or such other punishment as a court-martial may direct.
ART. 45. Whosoever relieves the enemy with money, victuals, or
ammunition, or knowingly harbors or protects an enemy, shall suffer
death, or such other punishment as a court-martial may direct.
ART. 46. Whosoever holds correspondence with, or gives intelligence to,
the enemy, either directly or indirectly, shall suffer death, or such
other punishment as a court-martial may direct.
ART. 47. Any officer or soldier who, having received pay, or having been
duly enlisted in the service of the United States, deserts the same,
shall, in time of war, suffer death, or such other punishment as a
court-martial may direct; and in time of peace, any punishment,
excepting death, which a court-martial may direct.
ART. 48. Every soldier who deserts the service of the United States
shall be liable to serve for such period as shall, with the time he may
have served previous to his desertion, amount to the full term of his
enlistment; and such soldier shall be tried by a court-martial and
punished, although the term of his enlistment may have elapsed previous
to his being apprehended and tried.
ART. 49. Any officer who, having tendered his resignation, quits his
post or proper duties, without leave, and with intent to remain
permanently absent therefrom, prior to due notice of the acceptance of
the same, shall be deemed and punished as a deserter.
ART. 50. No non-commissioned officer or soldier shall enlist himself in
any other regiment, troop, or company, without a regular discharge from
the regiment, troop, or company in which he last served, on a 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. 51. Any officer or soldier who advises or persuades any other
officer or soldier to desert the service of the United States, shall, in
time of war, suffer death, or such other punishment as a court-martial
may direct; and in time of peace, any punishment, excepting death, which
a court-martial may direct.
ART. 52. It is earnestly recommended to all officers and soldiers
diligently to attend divine service. Any officer who behaves indecently
or irreverently at any place of divine worship shall be brought before a
general court-martial, there to be publicly and severely reprimanded by
the president thereof. Any soldier who so offends shall, for his first
offense, forfeit one-sixth of a dollar; for each further offense he
shall forfeit a like sum, and shall be confined twenty-four hours. The
money so forfeited shall be deducted from his next pay, and shall be
applied, by the captain or senior officer of his troop, battery, or
company, to the use of the sick soldiers of the same.
ART. 53. Any officer who uses any profane oath or execration shall, for
each offense, forfeit and pay one dollar. Any soldier who so offends
shall incur the penalties provided in the preceding article; and all
moneys forfeited for such offense shall be applied as therein provided.
ART. 54. Every officer commanding in quarters, garrison, 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; and if, upon complaint made to him of officers or
soldiers beating or otherwise ill-treating any person, disturbing fairs
or markets, or committing any kind of riot, to the disquieting of the
citizens of the United States, he refuses or omits to see justice done
to the offender, and reparation made to the party injured, so far as
part of the offender’s pay shall go towards such reparation, he shall be
dismissed from the service, or otherwise punished, as a court-martial
may direct.
ART. 55. All officers and soldiers are to behave themselves orderly in
quarters and on the march; and whoever commits any waste or spoil,
either in walks or trees, parks, warrens, fish-ponds, houses, gardens,
grain-fields, inclosures, or meadows, or maliciously destroys any
property whatsoever belonging to inhabitants of the United States
(unless by order of a general officer commanding a separate army in the
field), shall, besides such penalties as he may be liable to by law, be
punished as a court-martial may direct.
ART. 56. Any officer or soldier who does violence to any person bringing
provisions or other necessaries to the camp, garrison, or quarters of
the forces of the United States in foreign parts, shall suffer death, or
such other punishment as a court-martial may direct.
ART. 57. Whosoever, belonging to the armies of the United States in
foreign parts, or at any place within the United States or their
Territories during rebellion against the supreme authority of the United
States, forces a safeguard, shall suffer death.
ART. 58. In time of war, insurrection, or rebellion, larceny, robbery,
burglary, arson, mayhem, manslaughter, murder, assault and battery with
an intent to kill, wounding, by shooting or stabbing, with an intent to
commit murder, rape, or assault and battery with an intent to commit
rape, shall be punishable by the sentence of a general court-martial,
when committed by persons in the military service of the United States,
and the punishment in any such case shall not be less than the
punishment provided, for the like offense, by the laws of the State,
Territory, or district in which such offense may have been committed.
ART. 59. When any officer or soldier is accused of a capital crime, or
of any offense against the person or property of any citizen of any of
the United States, which is punishable by the laws of the land, the
commanding officer, and the officers of the regiment, troop, battery,
company, or detachment, to which the person so accused belongs, are
required, except in time of war, upon application duly made by or in
behalf of the party injured to use their utmost endeavors to deliver him
over to the civil magistrate, and to aid the officers of justice in
apprehending and securing him, in order to bring him to trial. If upon
such application, any officer refuses or willfully neglects, except in
time of war, to deliver over such accused person to the civil
magistrates, or to aid the officers of justice in apprehending him, he
shall be dismissed from the service.
ART. 60. Any person in the military service of the United States who
makes or causes to be made any claim against the United States, or any
officer thereof, knowing such claim to be false or fraudulent; or
Who presents or causes to be presented to any person in the civil or
military service thereof, for approval or payment, any claim against the
United States or any officer thereof, knowing such claim to be false or
fraudulent; or
Who enters into any agreement or conspiracy to defraud the United States
by obtaining, or aiding others to obtain, the allowance or payment of
any false or fraudulent claim; or
Who, for the purpose of obtaining, or aiding others to obtain, the
approval, allowance, or payment of any claim against the United States
or against any officer thereof, makes or uses, or procures or advises
the making or use of, any writing, or other paper, knowing the same to
contain any false or fraudulent statement; or
Who, for the purpose of obtaining, or aiding others to obtain, the
approval, allowance, or payment of any claim against the United States
or any officer thereof, makes, or procures or advises the making of,
any oath to any fact, or to any writing or other paper, knowing such
oath to be false; or