CrAllMLL lili^i. Q.fi^ ■h Duke University Libraries .^T» ' Articles of war f^rtv Conf Pam 12mo #178 j2^' DTTD15Mfl3$ t/p \ ARTICLE,, ur WAR, FOR THK GOVERNMENT OF THE %xms of |te Confebei'ate States. , <\v^ '<^o. CHAliLKSTON : S I K A M-ro W KK PKKSSKS OF KVANS Si C O G S W K I, F, , No. -i Biiiul mill 103 Kast bay Street. 18(51. PERKINS LIBRARY Uake University Kare Dooks ^^HhHH«4 / <.v ARTICLES OF WAR. AN ACT ESTABLKSHINC RULES AND ARTICLES FOR THE GOVERN- MENT OF THE ARMIES OF THE CONFEDERATE STATES. Section 1. That from and after the passing- of this Act, the followiiiii; shall he the rules and articles hy whieh the armies of the Ooiifedei'ate States shall he governed :* Article 1. Every officer now in the arm}- of the Con- federate States shall, in six months from the passing of this Act, and every officer who shall hereafter he ai)j)ointed, shall, hefore he enters on the duties of his office, subscribe these rules and regulations. Art. 2. It is earnestly recommended to all officers and soldiers diligently to attend divine service ; and all officers who shall behave indecently or irreverently at any place of divine worship shall, if eoniniissionod officers, be brought before a general court-martial, there to be pul>licly and severely reprimanded by the President ; if non-commis- sioned officers or soldiers, every person so offending shall, for his first offense, forfeit one-sixth of a dollar, to be de- ducted out of his next pay; for the second offense, he shall not only forfeit a like sum, but be coniined twenty-four hours ; and for every like offense, 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. Art. 3. Any non-commissioned officer or soldier who * These rules and article!', with the exceptions indicated by the notes annexed to articles 20, 65, and S7. remain iinaltered, and in force at present. shall use any profane oath or exec-ration, shall imur the penalties expressed in the f()reo:()in<; article ; and a com- missioned officer shall foi't'eit and pay, for each and every such offense, one dollar, to he ai)plie(l as in the preceding article. Art. 4. Every chai)lain commissioned in the army or armies of the Confederate States, who shall ahsent himself from the duties assigned liim (excepting in cases of sick- ness or leave of ahsence), shall, on conviction thereof before a court-martial, be lined not exceeding one month's pay, besides the loss of his })ay during his absence ; or be discharged, as the said court-martial shall judge proper. Art. 5. Any officer or soldier who shall use contemptuous or disrespectful words against the President of the Confed- erate States, against the Vice-President thereof, against the Congress of the Confederate States, or against the Chief Magistrate or Leo-islature of anv of the Confederate States in which he may be quartered, if a commissioned officer, he 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. Art. 6. Any officer or soldier who shall behave himself Vv'ith contempt or disrespect towards his commanding officer, shall be punished, according to the nature of his oflense, b}' the judgment of a court-martial. Art. 7. 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 Confederate States, or in any party, post, detachment, or guard, shall sutler death, or such other punishment as by a court-martial shall be in- flicted. Art. 8. Any officer, non-commissioned officer, or soldier who, being present at any mutiny or sedition, does not use his utmost endeavors to suppress the same, or coming to the knowledge of any intended mutiny, does not, without delay, give information 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 offense. Art. 9. Any officer or soldier who shall strike his supe- rior officer, or draw or lift up any weapon, or offer any vio- lence against him, beinii: in the execution of his office, on any pretense whatsoever, or shall disobey any lawful com- mand of his superior officer, shall suffer death, or such other punishment as shall, according to the nature of his offense, he inflicted upon him by the sentence of a court- martial. Art. 10. Every non-commissioned officer or sgldier, who shall enlist himself in the service of the Confederate States, shall, at the time of so enlisting, or within six days after- ward, have the Articles for the government of the armies of the Confederate 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 1 will bear true allegiance to the Confederate States of America, and ihat I will serve tlieni honestly anil faithfully against all theii- enemies or opposers whatsoever; and observe and obey the orders of the President of the Confederate States, and the orders of the officers appointed over me, according to the Rules and Articles for the government of the armies ol the Confederate States." Which justice, magistrate, or judge-advocate is to give to the officer a certiticate, signify- ing that the man enlisted did take the said oath or affirma- tion. Art. 11. 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 tield officer of the regiment to which he be- longs, 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 ser- vice has expired, but by order of the President, the Secre- tary of War, the commanding officer of a department, or the sentence of a general court-martial ; nor shall a com- missioned officer be discharged the service but by order of 6 the President of the Confederate States, or by sentence of a general court-martial. Art. 12. Every colonel, or other officer commanding a regiment, troop, or company, and actually quartered with it, may give furloughs to non-commissioned officers or sol- diers, 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, e(Mninanding a troop or com[>any, or in any garrison, fort, or barrack of the Con- federate States (his field officer being absent), may give fur- loughs to non-commissioned officers or soldiers, for a time not exceeding 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 musters, or other officer who musters the said regiment, troop, or company, certificates signed by himself, signifying how long such officers, as shall not ap- pear 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 names of the respective absent officers and soldiers. The certificates shall, 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 distaiice of the place will admit. Art. 14. Every officer who shall be convicted 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 sign- ing 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 Confederate 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 mustering any regiment, troop, or compan}', or on signing muster-rolls, shall be dis- placed from his office, and shall be thereby utterl}- disabled to have or hold any office or employment in the service of the Confederate States. Art. 17. Any officer who shall presume to muster a per- son as a soldier who is not a soldier, shall be deemed guilty of having made a false muster, and shall sulFer accordingly. Art. 18. Every officer Avho shall knowingly make a false return to the Department of AVar, 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 l)elonging, shall, on conviction thereof be- fore a court-martial, be cashiered. Art. 19. Tlie commanding officer of every regiment, troop or independent company, or garrison, of the Confed- erate 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 com- pany, or garrison, under his command, specifying the names of the oificers 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. Art. 20, All officers and soldiers who have received pay, or have been duly enlisted in the service of the Confederate States, and shall be convicted of having deserted the same, shall suft'er 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 * Modified by Act of 29th May, 1830. 8 being convicted thereof, be punished aecording to the na- ture of his offense, at the discretion of a court-martial. Art. 22. Xo 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 Avhich he lias 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 he a deserter, immediateh' 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 Confederate States, shall suffer death, or such other punishment as shall be inflicted upon him by the sentence of a court-martial. Art. 24. No officer or soldier who shall use any reproach- ful or provoking speeches or gestures, to another, upon pain, if an officer, of being put in arrest ; if a soldier, con- lined, and of asking pardon of the i>arty 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 chal- lenge if sent, upon pain, if a commissioned officer, of being cashiered; if a non-commissioned officer or soldier, of suf- fering corporeal punishment, at the. discretion of a court- martial. Art. 26. If any commissioned or non-commissioned officer commanding a guard, shall knowingly or willing!}'- suffer any person whatsoever to go forth to fight a duel, he shall be punished as a challenger ; and all seconds, promo- ters, 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. 9 Art. 27. All officers, of what condition soever, have power to part iind quell all quarrels, frajs and disorders, though the persons concerned should belong to another regiment, troop or company ; and either to order officers into arrest, or non commissioned officers or soldiers into confinement, until their proper superior officer 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 i)unished as a challenger ; and all officers and soldiers are hereby dis- charged from any disgrace or opinion of disadvantage which might arise from their having refused to acce]it of chal- lenges, 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 sutler shall be permitted to sell any kind of liquors or victuals, or keep their houses or shops open for the entertainment of soldiers, after nine at night, or before the beating of the reveille, or upon Sundays, during divine service or sermon, on the penalty of being dismissed from all future sutling. Art. 30. All officers commanding in the field, forts, bar- racks, or garrisons of the Confederate States, are hereb}' 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 answer- able for their neglect. Art. 31. No officer commanding in any of the garri- sons, forts, or barracks of the (\)nfederate States, shall exact exorbitant prices for houses or stalls, let out to sut- lers, or connive at the like exactions in others; nor 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, garri- 10 8ons, or on the march, shall keep good order, and, to tlie utmost of his power, redress all abuses or disorders which may be committed by any officer or soldier under liis com- mand; if, upon complaint made to him of officers or soldiers beating or otherwise ill-treating any person, or dis- turbing fairs or markets, or of committing any kind of riots, to the disquieting of the citizens of the Confederate States, he, the said commander, who shall refuse or omit to see justice done to the offender or offenders, and reparation made to the party or parties injured, as far as part of the offenders pay shall enable him or them, sliall, upon ])roof thereof, be cashiered, or otherwise punished, as a general court-martial shall direct. Art. 33. When any commissioned officer or soldier shall be accused of a capital crime, or of having used violence, or committed any offence against the person or property of any citizen of any of the Confederate States, such as is punishable by the known laws of the land, the command- ing officer and officers of every regiment, troop or cora- pan}^ to which the person or persons so accused shall belong, are hereby required, upon application duly made by, or in behalf of the party or parties injured, to use their utmost endeavors to deliver over such accused person or persons to the civil magistrate, and likewise to be aiding and assisting to the officers of justice in apprehending and securing the person or persons so accused, in order to bring him or them to trial. If any commanding officer or officers shall willfully neglect, or shall refuse, upon the application aforesaid, to deliver over such accused person or persons to the civil magistrates, or to be aiding and assisting to the officers of justice in apprehending such person or persons, the officer or officers so offending shall be cashiered. Art. 34. If any officer shall think himself wronged by his colonel, or the commanding officer of the regiment, and shall upon due application being made to him, be refused redress, he may complain to the general command- ing in the State or Territor}- where such regiment shall be stationed, in order to obtain justice; who is, hereby re- quired to examine into said complaint and take proper measures for redressing the wrong complained of, and transmit, as soon as possible, to the Department of War, a true state of such complaint, with the proceedings had thereon. 11 Art. 35. If any inferior officer or soldier shall think himself wronged by his captain or other officer, he is to complain thereof to the commanding officer of the regi- ment, who is hereby required to summon a regimental court-martial, for the doing justice to the complainant, from which regimental court-martial either party may, if he thinks hiniself still aggrieved, appeal to a general court-martial. But if, upon a second hearing, the appeal shall appear vexatious and groundless, the person so ap- pealing shall be punished at the discretion of the said court-martial. Art. 36. Any commissioned officer, store-keeper, or com- missary, who shall be convicted at a general court-martial of having sold without a proper order for that purpose, embezzled, misapplied, or wilfully, ^x through neglect, suffered any of the provisions, forage, arms, clothing, am- munition or other military stores belonging to the Confed- erate States to be spoiled or damaged, shall, at his own expense, make good the loss or damage, and shall, more- over, forfeit all his pay, and he dismissed from the service. Art. 37. Any non-commissioned officer or soldier who shall be convicted at a regimental court-martial of having sold, or designedly, or through neglect, wasted the ammu- nition delivered out to him, to be employed in the service of the Confederate States, shall be punished at the discre- tion of such court. Art. 38. Every non-commissioned officer or soldier who shall be convicted before a court-martial of having sold, lost, or spoiled, through neglect, his horse, arms, clothes, or accoutrements, shall undergo such weekly stoppages (not exceeding the half of his pay) as such court-martial shall judge sufficient for repairing the loss or damage: and shall sufter confinement, or such other corporeal punishment as his crime shall deserve. Art. 39. Every officer Avho shall be convicted before a court-martial of having embezzled or misapplied an}- money with which he may have l)een intrusted, for the payment of the men under his command, or for enlisting men into the service, or for other purposes, if a commis- sioned officer, shall be cashiered, and compelled to refund the money: if a non-commissioned officer, shall be reduced 12 to the ranks, be piit under stoppaces until the money be made p:ood, and suffer sucli corporeal punishment as such court-martial shall direct. Art. 40. Every captain of a troop or com]tany is charged with the arms, accoutrements, ammunition, clothinir. or other warlike stores belonging to tlu' troop or company under his command, which he is to l)e accountable for to his colonel in case of their being lost, spoiled, or damaged, not by unavoidable accidents, or on actual service. Art. 41, All non-commissioned otticers and soldiers who shall l)e found one mile from the cam}i witlumt leave, in writing, from their commanding otHcer, shall sutfer such punishment as shall be inflicted upon them by the sentence of a court-martial. »• Art. 42. Xo officer or soldier shall lie out of his rpiar- ters, garrison, or camp witliout leave from his sui)erior officer, upon penalty of being punished according to the nature of his offense, by the sentence of a court-martial. Art. 43. Every non-commissioned officer and soldier shall retire to his quarters or tent at the beating of the re- treat ; in default of which he shall be punished according to the nature of his offense. Art. 44. Xo officer, non-commissioned officer, or soldier shall fail in repairing, at the time fixed, to the place of parade, of exercise, or other rendezvous ap]»ointed by his commanding officer, if not prevented by sickness or some other evident necessity, or shall go from the said place of rendezvous without leave from his commanding officer, before he shall be regularly dismissed or relieved, on the penalty of being i)unished according to the nature of his offense, by the sentence of a court-martial. Art. 45. Any commissioned officer who shall be found drunk on his guard, party, or other duty, shall be cashiered. Any non-commissioned officer or soldier so offending shall suffer such corporeal punishment as shall be inflicted by the sentence of a court-martial. Art. 46. Any sentinel who shall be found sleeping upon his post, or shall leave it before he shall be regularly re- u lieved, shall suffer death, or such other punishment as shall be inflicted by the sentence of a court-martial. Art. 47. Xo soldier belonging to auv regiment, troop or company shall hire another 'to do his duty for him, or be excused from duty but in cases of sickness, disability, or leave of absence ;' and every such soldier found guilty ot hiring his duty, as also the party so hired to do another s duty ,%hall be' punished at the discretion of a regimental court-martial. Art. 48. And everv non-commissioned officer conniving at such hiriiiij of duty aforesaid, shall l>e reduced: aiul every commissioned oihcer knowing and allowing such ill practices -ill the service, shall be punished by the judgment of a general court-martial. f Art. 49. Anv officer belonging to the service of the Con- federate States," who, by discharging of ffre-arms, drawing of swords, beating of drums, or by any other means what- soever, shall occasion false alarms in camp, garrison, or quarters, shall suffer death, or such other punishment as shall be ordered by the sentence of a general court-martial. Art. 50. Any officer or soldier who shall, without urgent necessitv,' or without the leave of his superior offi- cer, quit his giiard, platoon, or division, shall be punished, according to the nature of his offense, l)y the sentence ot a court-martial. Art. 51. Xo officer or soldier shall do violence to any person who lu'iuirs provisions or other necessaries to the camp, garrison, or quarters of the forces of the Confederate States,'employed in any parts out of the said States, upon pain of death," or such other punishment as the court-martial shall direct. Art. 52. Any officer or soldier who shall misbehave him- self before the" enemy, run away, or shamefully abandon any fort, post, or guard which he or they may be com- manded to defend, or speak words inducing others to do the like, or shall cast awav his arms and ammunition, or who shall quit his post or colors to plunder and pillage, every such offender, being duly convicted thereot, shall suffer death, or such other punishment as shall be ordered l)y the sentence of a general court-martial. 14 Art. 53. Any person belonging to the armies of the Con- federate States who shall make known the watchword to any person who is not entitled to receive it according to the rules and disoii>line of war, or shall presume to give a ])arol or watdnvord ditferent from what he received, shall suffer death, or such other punishment as shall he oi-dered by the sentence of a general court-martial. Art. 54. All otticers and soldiers are to behave themselves orderly in quarters and on their march ; and wlioever shall (;ommit any waste or spoil, either in walks of trees, parks, warrens, fish-ponds, houses, or gardens, corn-fields, inclos- ure of meadows, or shall maliciously destroy any projicrty whatsoever belonging to the inhabitants of the Confederate States, unless by order of the then commander-in-chief of the armies of the said States, shall (beside such penalties as they a^e liable to by law), be punished according to the nature and degree of the offense, by the judgment of a regimental or general court-martial. Art. 55. Whosoever, belonging to the armies of the Con- federate States in foreign parts, shall force a safeguard, shall suffer death. Art. 56. Wliosoever shall relieve the enemy with money, victuals, oi- ammunition, or shall knowingly harbor or pro- tect an enem}^ shall suffer death, or such other punishment as shall be ordered by the sentence of a court-martial. Art. 57. Whosoever shall be convicted of holding cor- respondence with, or giving intelligence to, the enemy, eitlier directly or indirectly, shall suffer death, or such other punishment as shall be ordered by the sentence of a court-martial. Art. 58. All public stores taken in the enemy's camp, towns, forts, or magazines, whethoi- of artillery, ammuni- tion, clothing, forage or provisions, shall be secured for the service of the Confederate States ; for the neglect of which the commanding officer is to be answerable. Art. 59. If any commander of any garrison, fortress, or post shall be compelled by the officers and soldiers under his command, to give u]) to the enemy, or to abandon it, the commissioned officers, non-commissioned officers, or sol- 15 diers who shall be convicted of having so oftended, shall suffer death, or such other punishment as shall be inflicted upon them by the sentence of a court-martial. Akt. 60. All sutlers and retainers to the camp, and all persons whatsoever, serving with the armies of the Con- federate States in the field, though not enlisted soldiers, are to be subject to orders, according to the rules and dis- cipline of war. Art. 61. Officers having brevets or commissions of a prior date to those of the' corps in which they serve will take place on courts-martial or of inquiry, and on boards detailed for military purpose, when composed of different corps, according to the ranks given them in their brevet or former commissions, but in the regiment, corps or company to whit'h such ofiicers belong, they shall do duty nud take rank, both in courts and on i)oar(ls as aforesaid, Avhich shall be composed of their own corps, according to the commis- sion by which they are there mustered. Akt. 62. If upon marches, guards, or in quarters, differ- ent corps shall happen to join or do duty together, the officer liighest in rank, according to the conmiission by which he is mustered in the army, uaA^', marine corps or militia, there on dutv bv orders from competent authority, shall command the wliolc and give orders for what is needful for the ser- vice, unless otherwise directed by the President of the Confederate States in orders of special assignment provid- ing for the case. Art. 63. The functions of the engineers being generally confined to the most elevated branch of military science, they are not to assume, nor are they subject to be ordered on *anv dutv beyond the line of their immediate profession, except by the special order of the President of the Confed- erate States; but they are to receive every mark of respect to which their rank in the army may entitle them respect- ivelv, and are liable to be transferred, at the discretion of the* President, from one corps to another, regard being paid to rank. Art. 64. General courts-martial may consist of any num- ber of commissioned officers, from five to thirteen, inclu- sively ; but they shall not consist of less than thirteen 1$ where that number can be convened without manifest in- jur}- to tlie service. Art. Go.* Any general officer commanding an army, or colonel commanding a separate department, may appoint general courts-martial whenever necessary. But no sen- tence of a court-martial shall be carried into execution until after the whole proceedings shall have been laid be- fore the officer ordering the same, or the officer command- ing the troops for the time being; neither shall any sentence of a general court-martial, in the time of peace, extending to the loss of life, or the dismission of a commissioned offi- cer, or which shall, either in time of peace or war, respect a general officer, be carried into execution, until after the whole proceedings shall have been transmitted to the Sec- retary' of War, to be laid before the President of the Con- federate States for his confirmation or disapproval, and orders in the case. All other sentences may be confirmed and executed by the officer ordering the court to asseml)le, or commanding officer for the time being as the case may be. Art. Q6. Every officer commanding a regiment or corps may appoint for his own regiment or corps, courts-martial to consist of three commissioned officers, for the trial and punishment of offences not capital, and decide upon their sentences. For the same purpose all officers commanding any of the garrisons, forts, barracks, or other places where the troops consist of different corps, may assemble oourts- martial, to consist of three commissioned officers, and de- cide upon their sentences. Art. 67. ^o garrison or regimental court-martial shall have the power to try capital cases or commissioned offi- cers ; neither shall they inflict a fine exceeding one month's pay, nor imprison, nor put to hard labor, any non-commis- sioned officer or soldier for a longer time than one month. Art. 6S. "Whenever it may be found convenient and necessary to the public service, the officers of the marines shall be associated with the officers of the land forces, for the purpose of holding courts-martial, and trying offenders belonging to either; and, in such cases, the orders of the * Modified by Act of 26th May, 1830. 17 senior officer of either corps who may be present and duly authorized, shall be received and obeyed. Aet. 69. The judge-advocate or some person deputed by him, or by the general, or officer commanding the army, detachment or garrison, shall prosecute in the name of the Confederate States, but shall so far C(nisider himself as counsel for the prisoner, after the said prisoner sliall have made his plea, as to object to any leading question to any of the witnesses, or any question to the prisoner, the answer to which might tend to criminate himself; and administer to each mei\iber of the court, before they pro- ceed upon any trial, the following oath, which shall also be taken by all members of the regimental and garrison courts- martial : " You, A B, do swear that you will well and truly try and determine, according to evidence, the matter now before you, l)etween the Confederate States of America and the prisoner to be tried, and that you will duly administer justice, according to the provisions of 'An Act establisliing Rules and Articles for the government of the armies *f the Confederate States,' without partiality, favor or affection ; and if any doubt should arise, not explained by said Arti- cles, according to your conscience, the best of your under- standing, and the custom of war in like cases; and you do further swear that 3'ou will not divulge the sentence of the court until it shall be published by the proper authority ; neither will you disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, as a ^\dtness, by a court of justice, in due course of law. So help you God." As soon as the said oath shall have been administered to the respective members, the president of the court shall administer to the judge-advocate, or person officiating as such, an oath in the following words : '' You, A B, do swear that you will not disclose or dis- cover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, as a Mntness, by a court of justice, in due course of law; nor divulge the sentence of the court to any but the proper authority, until it shall be duly disclosed by the same. So help you God." 18 Art. 70. When a prisoner, arraigned before a general court-martial, shall, from obstinacy and deliberate design, stand mute, or answer foreign to the purpose, the court may proceed to trial and judgment as if the prisoner had resfularlv pleaded not guilty. Art. 71. When a member shall be challenged by a pri- soner, he must state his cause of challenge, of which the court shall, after due deliberation, determine the relevancy or validity, and decide accordingly ; and no challenge to more than one member at a time shall be received by the court. Art. 72. All the members of a court-martial are to be- have with decency and calmness ; and in giving their votes, are to bes-in with the voungest in commission. Art. 73. All persons who give evidence before a court- martial, are to be examined on oath or affirmation, in the following form : "T\>u swear, or affirm (as the case may be), the evidence you shall give in the cause now in hearing, shall be the truth, the whole truth, and nothing but the truth. So lielp you God." Art. 74. On the trials of cases not capital, before courts- martial, the deposition of witnesses, not in the line or staff of the army, may be taken before some justice of the peace, and read in evidence; provided the prosecutor and person accused are present at the taking the same, or are duly notified thereof. Art. 75. N'o officer shall be tried but by a general court- martial, nor by officers of an inferior rank, if it can be avoided. Kor shall any proceedings of trials be carried on, excepting between the hours of eight in the morning and three in the afternoon, excepting in cases which, in the opinion of the officers appointing the court-martial, require immediate example. Art. 76. Xo person whatsoever shall use any menacing words, signs or gestures, in presence of a court-martial, or shall cause any disorder or riot or distlii'b their proceed- ings, on the penalty of being punished at the discretion of the said court-martial. 19 Art. 77. Whenever aii}- officer shall be charged with a crime, he shall be arrested and confined in his barracks, quarters or tent, and deprived of his sword bj the com- manding officer. And any officer who shall leave his con- finement before he shall be set at liberty by his commanding officer, or by a superior, shall be cashiered. Art. 78. iSTon-commissioned officers and soldiers, charged with crimes, shall be confined until tried by a court-mar- tial, or released by proper authority. Art. 79. No officer or soldier who shall be put in arrest, shall continue in confinement more than eight days, or until such time as a court-martial can be assembled. Art. 80. No officer commanding a guard, or provost marshal, shall refuse to receive or keep any prisoner com- mitted to his chari»:e by an officer belonsfinsc to the forces of the Confederate States ; provided the officer committnig shall, at the same time, deliver an account in writing, signed by himself, of the crime with which the said pri- soner is charged. Art. 81. No officer commanding a guard, or provost martial, shall presume to release any person committed to his charge without proper authority for so doing, nor shall he sufter any person to escape, on the penalty of being punished for it by the sentence of a court-martial. Art. 82. Ever}- officer or provost marshal, to whose charge prisoners shall be committed, shall, within twenty- four hours after such commitment, or as soon as he shall be relieved from his guard, make report in Avriting, to the commanding officer of their names, their crimes, and the names of the officers who committed them, on the penalty of being punished for disobedience or neglect, at the dis- cretion of a court-martial. Art. 83. Any commissioned officer convicted before a general court-martial of conduct unbecoming an officer and a gentlemen, shall be dismissed the service. Art. 84. In case where a court-martial may think it proper to sentence a commissioned officer to be suspended from command, they shall have power also to suspend his 20 pay and emoluments for the same time, according to the nature and heinousness of his offense. Art. 85. In all cases where a commissioned olRcer is cashiered for cowardice or fraud, it shall be added in the sentence, that the crime, name and place of abode, and punishment of the delinquent, be published in the newspa- pers in and about the camp, and of the particular State from which the offender came, or where he usually resides ; after which it shall be deemed scandalous for an officer to associate with him. Art. 86. The commanding officer of any post or detach- ment, in which there shall not be a number of officers adequate to form a general court-martial, shall in cases which require the cognizance of such a court, report to the commanding officer of the department, who shall order a court to be assembled at the nearest post or department and the party accused, with necessary witnesses, to be transported to the place where the said court sliall be assembled. Art. 87.* I^o person shall be sentenced to suffer death but by the concurrence of tA'o-thirds of the members of a general court-martial, nor except in the cases herein ex- pressly mentioned ; nor shnll more than fftij lashes be inflicted on amj offender, at the dvcretion of a covrt-mariial ; and no officer, non-commissioned officer, soldier or follower of the army, shall be tried a second time for the same offense. Art. 88. No person shall be liable to be tried and pun- ished by a general court-martial for any offense which shall appear to have been committed more than two j-ears before the issuing of the order for such trial, unless the person, by reason of having absented himself, or some other mani- fest impediment, shall not have been amenable to justice within that period. Art. 89. Eveiy officer authorized to order a general court-martial shall havfe power to pardon or -mitigate any punishment ordered by such court, except the sentence of *So much of these rules and articles as authorizes the infliction of corporeal punishment by stripes, was specially repealed by Act of 16th May, 1812. By Act of 2d March, 1833, the repealing Act was repealed, so far as it applied to the crime of desertion, which, of course, revived the punishment by lashes for that offense. 21 death, or of cashiering an officer ; which, in the cases where he has authority (by Article 65) to carry them into execu- tion, he may suspend, until the pleasure of the President of the Confederate States can be known ; Avhich suspen- sion, together with copies of the proceedings of the court- martial," the said officer shall immediately transmit to the President for his determiDation. And the colonel or com- manding officer of the regiment or garrison where any re- gimental or garrison court-martial shall be held, may par- don or mitigate any punishment ordered by such court to be inflicted. Art. 90. Every judge-advocate, or person officiating as such, at any general court-martial, shall transmit, ^yith as much expedition as the opportunity of time and distance of place can admit, the original proceedings and sentence of such court-martial to the"^ Secretary of War; which said original proceedings and sentence shall be carefully kept and preserved in tlie office of said Secretary, to the end that the persons entitled thereto may be enabled, upon applica- tion to the said office, to obtain copies thereof. The partv tried by any general court-martial shall, upon demand thereof, made by himself, or by any person or per- sons in his behalf, be entitled to a copy of the sentence and proceedings of such court-martial. Art. 91. In cases where the general or commanding offi- cer may order a court o( infpiiry to examine into the nature of any transaction, accusation or imputation against any officer or soldier, the said court shall consist of one or more officers, not exceeding three, and a judge-advocate, or other suitable person, as a recorder, to reduce the proceedings and evidence to writing ; all of whom shall be sworn to the faithful performance of their duty. This court shall have the same power to summon witnesses as a court-martial, and to examine them on oath. But they shall not give their opinion on the merits of the case, excepting they shall be thereto specially required. The parties accused shall also be permitted to cross-examine and interrogate the wit- nesses, so as to investigate fully the circumstances in the question. • Art. 92. The proceedings of a court of inquiry must be authenticated by the signature of the recorder and the 22 president, and delivered to the commandinfi: officer, and the t^aid i)roeec'ding8 may be admitted as evidence by a court-martial, in cases not capital, or extending to tlie dis- mission of an officer, provided that the circumstances are such that oral testimony cannot be obtained. But as courts of inquiry may be perverted to dishonorable purposes, and may be considered as engines of destruction to military merit, in the hands of weak and envious commandants, the}- are hereby prohibited, unless directed by the President of the Confederate States, or demanded by the accused. Art. 93. The judge- advocate or recorder shall administer to the members the following oath : "You shall well and truly examine and inquire, accord- ing to your evidence, into the matter now before you, with- out partialit}', favor, affection, prejudice or hope of reward. So help you God." After which, the president shall administer to the judge- advocate, or recorder, the following oath : " You, A B, do swear that you will, according to your best abilities, accurately and impartially, record the pro- ceedings 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. • Art. 94. AVlien any commissioned officer shall die, or be killed in the service of the Confederate States, the major of the regiiuent, 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 trans- mit the same to tlie office of the Department of War, to the end that liis executors or administrators may receive the same. Art. 95. When any non-commissioned officer or soldier shall die, or be killed in the service of the Confederate States, tlie tlien commanding officer of the troop or com- pany shall, in the presence of two other commissioned offi- 23 cers, take an account of what effects be died possessed of, above bis arms and accoutrements, and transmit tbe same to tbe office of tbe Department of War, wbicb said effects are to be accounted for and paid to tbe representatives of sucb deceased non-commissioned officer or soldier. And in case any of tbe officers, so autborized to take care of tbe effects of deceased officers and soldiers, sbould, before tbey have accounted to tbeir representatives for tbe same, bave occasion to leave tbe regiment or post, by preferment or otberwisc, tbey sball, before tbey l)e permitted to^ quit tbe same, deposit in tbe bauds of tbe commanding officer, or of tbe assistant military agent, all tbe effects of sucb deceased non-commissioned officers and soldiers, in order tbat tbe same may he secured for, and paid to, tbeir respective rep- resentatives. > Art. 96. All officers, conductors, gunners, matrosses, drivers, or otber persons whatsoever, receiving pay or bire in tbe service of tbe artillery, or corps of engineers of tbe Confederate States, sball be governed by tbe aforesaid Rules and Articles, and sball "be subject to be tried by courts-martial in like manner witb tbe officers and soldiers of tbe other troops in tbe service of the Confederate States. Art. 97. Tbe officers and soldiers of any troops, whether militia or others, being mustered and in pay of tbe Con- federate States, shall, at all times and in all places, when joined, or acting in conjunction with the regular forces of the Confederate States, be governed by these Rules and Articles of War, and sball be subject to be tried by courts- martial, in like manner witb the officers and soldiers in the regular forces : save only that sucb courts-martial shall be composed entirely of militia officers. Art. 08. All officers serving by commission from tb« authority of any particular State, shall, on all detachments, courts-niartial, or other duty, wherein tbey may be em- l)loyed in conjunction with the regular forces of tbe Con- federate States, take rank next after all officers of tbe like ii:rade in said regular forces, notwithstanding tbe commis- sions of such miHtia or State officers may be elder than tbe commissions of the officers of the regular forces of tbe Confederate States. Art. 99. All crimes not capital, and all disorders and •24 neglects which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foivgoiug Articles of AVar, are to be taken cognizance of by a general or regimental court-martial, according to the nature and degree of the offense, and be punished at their discretion. AuT. 100. The President of the Confederate States shall have power to prescribe the uniform of the army. Art. 101. The foreoroino- Articles are to be read and published, once in every six months, to every garrison, regi- ment, troop or company, mustered, or to be mustered, in the service of the Confederate States, and are to be duly observed and obeyed by all oiRcers and soldiers who are, or shall be, in said service. Sec. 2. That in time of war, all persons not citizens of, or owing allegiance to, the Confederate States of America, who shall be found lurking as spies in or about the fortifi- cations or encampments of the armies of the Confederate States, or any of them, shall suffer death, according to the law and usage of nations, by sentence of a geiieral court- martial. Sec. 3. That the rules and regulations by which the armies of the Confederate vStates have heretofore been gov- erned, and the resolves of Congress thereunto annexed, and respecting the same, shall henceforth be void and of no effect, except so far as may relate to any transactions under them prior to the promulgation of this act, at the several posts and garrisons, respectively, occupied by any part of the army of the Confederate States. P6Rmalip6« pH 8.5