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(ACT of April 10th, 1806.)
After which the president shall administer to the judge advocate, or recorder, the following oath:
"Tou, A. B., do swear that you will, according to your best abilities, accurately and impartially record the proceedings of the court, and the evidence to be given in the case in hearing: So help you God"
The witnesses shall take the same oath as witnesses sworn before a court martial.
Article 94. When any commissioned officer shall die, or be killed, in the service of the United States, the major of the regiment, or the officer doing the major's duty in his absence, or, in any post or garrison, the second officer in command, or the assistant military agent, shall immediately secure all his effects or equipage, then in camp or quarters, and shall make an inventory thereof, and forthwith transmit the same to the office of the department of war, to the end that his executors or administrators may receive the same.
Article 95. When any noncommissioned officer or soldier shall die, or be killed, in the service of the United States, the then commanding officer of the troop, or company, shall, in the presence of two other commissioned officers, take an account of what effects he died possessed of, above his arms and accoutrements, and transmit the same to the office of the department of war; which said effects are to be accounted for, and paid, to the representatives of such deceased noncommissioned officer or soldier. And in case any of the officers, so authorized to take care of the effects of deceased officers and soldiers, should, before they have accounted to their representatives for the same, have occasion to leave the regiment, or post, by preferment, or otherwise, they shall, before they be permitted to quit the same, deposite, in the hands of the commanding officer, or of the assistant military agent, all the effects of such deceased noncommissioned officers and soldiers, in order that the same may be secured for, and paid to, their respective representatives.
Article 96. All officers, conductors, gunners, matrosses, drivers, or other persons whatsoever, receiving pay, or hire, in the service of the artillery, or corps of engineers, of the United States, shall be governed by the aforesaid rules and articles, and shall be subject to be tried by courts martial, in like manner with the officers and soldiers of the other troops in the service of the United States.
Article 97. The officers and soldiers of any troops, whether militia or others, being mustered and in pay of the United States, shall, at all times, and in all places, when joined, or acting in conjunction, with the regular forces of the United States, be governed by these rules and articles of war, and shall be subject to be tried by courts martial, in like manner with the officers and soldiers in (ACT of March 3d, 1807.)
forces, save only that such courts martial shall be composed entirely of militia officers.
Article 98. All officers serving by commission from the authority of any particular state, shall, on all detachments, courts martial, or other duty, wherein they may be employed in conjunction with the regular forces of the United States, take rank next after all officers of the like grade in said regular forces, notwithstanding the commissions of such militia or state officers may be elder than the commissions of the officers of the regular forces of the United States.
Article 99. All crimes not capital, and all disorders and neglects which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing articles of war, are to be taken cognizance of by a general or regimental court martial, according to the nature and degree of the offence, and be punished at their discretion.
Article 100. The president of the United States shall have power to prescribe the uniform of the army.
Article 101. The foregoing articles are to be read and published once in every six months, to every garrison, regiment, troop, or company, mustered, or to be mustered, in the service of the United States, and are to be duly observed and obeyed by all officers and soldiers who are, or shall be, in said service.
27. Sec. Ii. In time of war, all persons not citizens of, or owing allegiance to, the United States of America, who shall be found lurking, as spies, in or about the fortifications or encampments of the armies of the United States, or any of them, shall suffer death,
according to the law and usage of nations, by sentence of a general
ACT of March 3d, 1807. 4 Bioren, 115.
28. Sec. I. In all cases of insurrection, or obstruction to the laws, either of the United States, or of any individual state or territory, where it is lawful for the president of the United States to call forth the militia for the purpose of suppressing such insurrection, or of causing the laws to be duly executed, it shall be lawful for him to employ, for the same purposes, such part of the land or naval force of the United States as shall be judged necessary, having first observed all the prerequisites of the law in that respect.
ACT of April 12th, 1808. 4 Bioren, 161.
29. Sec. I. In addition to the present military establishment of the United States, there shall be raised one regiment of light artillery, to be enlisted for the term of five years, unless sooner discharged.
(ACT of April 12th, 1808.,
30. Sec. Ii. The said regiment shall consist of ten companies, and the field and staff officers, of one colonel, one lieutenant colonel, one major, one adjutant, one quartermaster, one paymaster, one surgeon, one surgeon's mate, one sergeant major, one quartermaster sergeant, two principal musicians; each company of one captain, one first and one second lieutenant, two cadets, four sergeants, four corporals, two musicians, eight artificers, and fifty-eight matrosses.
31. Sec. Iv. The compensation of the officers, cadets, noncommissioned officers, musicians, artificers, and privates, shall be, viz: to each brigadier general, one hundred and four dollars per month, twelve rations per day, or an equivalent in money, each aid-decamp, twenty dollars, and each adjutant, regimental quartermaster, and paymaster, ten dollars per month, in addition to their pay in the line; each hospital surgeon, seventy-five dollars per month, six rations per day, or an equivalent in money; each hospital surgeon's mate, forty dollars per month, two rations per day, or an equivalent in money; each hospital steward, twenty dollars per month, and two rations per day, or an equivalent in money; each wardmaster, sixteen dollars per month, and two rations per day, or an equivalent in money; and all other officers, cadets, noncommissioned officers, musicians, artificers, and privates, authorized by this act, shall receive the like pay, clothing, rations, forage, and other emoluments, as the officers, cadets, noncommissioned officers, musicians, artificers, and privates, of the present military establishment.
32. Sec. V. The officers, cadets, noncommissioned officers, musicians, artificers, and privates, raised pursuant to this act, shall be entitled to the like compensation, in case of disability by wounds, and otherwise, incurred in the service, as the officers, cadets, noncommissioned officers, musicians, artificers, and privates, in the present military establishment, and with them, shall be subject to the rules and articles of war, which have been established, or may be hereafter by law established: And that the provisions of the act, entitled " An act fixing the military peace establishment of the United States," relative to the widow, child, or children, of any commissioned officer who shall die, while in the service of the United States, by reason of any wound received in actual service of the United States, to courts martial, the regulation and compensation of recruiting officers, the age, size, qualifications, and bounties, of recruits, arrears of pay, the bonds and duties of paymasters, penalties for desertion, punishment of persons who shall procure or entice any soldier to desert, or shall purchase from any soldier his arms, uniform clothing, or any part thereof; and the punishment of any commanding officer of any ship or vessel who shall receive on board of his ship or vessel, as one of his crew, knowing him to have deserted, or otherwise carry away, any such soldier, or shall refuse to deliver him up to the (ACT of April 29th, 1812.)
orders of his commanding officer, to the oath or affirmation to be taken and subscribed by officers, noncommissioned officers, musicians, and privates, to the allowance for extra expense to any commissioned officer in travelling and sitting on general courts martial, to arrests of noncommissioned officers, musicians, and privates, for debts, to the allowance to soldiers discharged from service, except by way of punishment, shall be in force, and applied to all persons, matters, and things, within the intent and meaning of this act, in the same manner as if they were inserted at large in the same.
33. Sec. Vi. The subsistence of the officers of the army, when not received in kind, shall be estimated at twe*nty cents per ration.
34. Sec. Vii. There shall be appointed to each brigade one chaplain, who shall be entitled to the same pay and emoluments as a major in the infantry.
ACT of January 11th, 1812. 4 Bioren, 367.
35. Sec. Vi. The major generals, respectively, shall be entitled to two hundred dollars monthly pay, and fifteen rations per day. Their aid-de-camp shall, each, be entitled to twenty-four dollars monthly, in addition to their pay in the line, and four rations. The brigadier generals, respectively, shall be entitled to one hundred and four dollars monthly pay, and twelve rations per day.
ACT of February 24th, 1812. 4 Bioren, 382.
36. Sec. I. Whenever, in the opinion of the president of the United States, it is expedient to mount the light artillery, or any part thereof, horses and accoutrements shall be provided to equip the whole, or such part as he may direct; and when the noncommissioned officers, musicians, artificers, and privates, are so equipped, the officers shall be entitled to the same forage as is now provided for the officers of the same grade in the regiment of light dragoons: Provided, The officers furnish their own horses and accoutrements, and actually keep in service the same number of horses, to entitle them to the aforesaid allowance for forage, or its equivalent in money.
Sec. Ii. Whenever the said light artillery are ordered to be mounted, there shall be provided one saddler and one farrier to each company, who shall be entitled to the same pay and emoluments as are now provided for saddlers and farriers in the regiment of light dragoons.
ACT of April 29th, 1812. 4 Bioren, 422.
37. Sec. r. There shall be added to the corps of engineers two captains, two first lieutenants, two second lieutenants, with the (ACT of July 6th, 1812.)
faithful performance of their duties. And it shall be the duty of the commanding officer, when requested by the paymaster, to furnish a capable noncommissioned officer or soldier to aid him in the discharge of his duty, who, while so employed, shall receive double pay.
41. Stc. in. The president of the United States is authorized to appoint, from the captains and subalterns of the line of the army, so many sub-inspectors as the service may require, not exceeding one to each brigade; and such sub-inspectors shall each receive twenty-four dollars per month in addition to his pay in the line.
42. Sec Iv. Each brigade major, provided by law, shall be allowed twenty-four dollars per month in addition to his pay in the line.
43. Sec. V. The general commanding the army of the United States shall be allowed a secretary, to be taken from the line of the army, who shall receive twenty-four dollars per month in addition to his pay in the line,and shall be allowed forage for two horses.
44. Sec. Vi. In addition to the noncommissioned officers and privates allowed to the regiment of light artillery, each company shall be entitled to twelve drivers of artillery, who shall be enlisted for five years, unless sooner discharged, and receive the same pay, rations, and clothing, as the privates of the army: Provided, Such drivers of artillery shall, at all times, be liable to do duty in the ranks when the company shall not be mounted.
45. Sec. Vii. So much of the "Act for establishing rules and articles for the government of the armies of the United States," as authorizes the infliction of corporeal punishment by stripes or lashes, is hereby repealed.
ACT of July 6th, 1812. 4 Bioren, 475.
46. Sec. I. To the aid-de-camp of a brigadier, to a brigade quarter master, brigade inspector and adjutant, there shall be allowed forage for one horse only, or in lieu thereof, ten dollars per month; and to the brigade majors under the act passed January 11th, 1812, there shall be allowed forage for one horse, or in lieu thereof, ten dollars per month; and the pay of a quarter master sergeant shall be nine dollars per month.
ACT of July 6th, 1812. 4 Bioren, 478.
47. Sec. III. All letters and packages to and from the adjutant general, and inspector general, shall be free from postage.
48. Sec v. Officers who shall not take waiters from the line of the army, shall receive the pay, clothing, and subsistence allowed to a private soldier, for as many waiters as they may actually keep, not exceeding the number allowed by existing regulations.