U4 Duke University Libraries Articles of war Conf Pam 12mo #760 DTTD57151. ARTICLES OF \VA.R, u •POR TFE QOVr.BSMEKT OF TBK ^twi 0f ilu ^mitkmk MMt$. MONTGOMERY : BARKETT, \VIMBISU i CO., PRINTERS AND BINDERa. 1861. ARTICLES OF WAR. «. AN ACT FOR ESTABLISHING RULES AND ARTICLES FOR THE GOV- ERNMENT OF THE ARMIES OF THE CONFEDERATE STATES. Section 1. The Congress of tJie Coinfedercde Slates of America do enact, That, from aud after the passage of this act, the fol- lowing shall be the rules and articles bj which the armies of the Confederate States shall be governed : Article.1. Every officer now iu the army of the Confede- rate States shall, in six months from the passing of this act and every officer who shall, hereafter be appointed, shall be- fore he enters on the duties of his office, subscribe these rules aud 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 commissioned officers, be brought before a general court-martial, there to be publicly and se- verely reprimanded by the president ; if non-commissioned officers or soldiers, every person so offending shall, for his first offence, forfeit one-sixth of a dollar, to be deducted out of his next pay ; for the second offence, he shall not only forfeit a like sum, but be confined twenty-four hours ; and for every like offence, shall suffer and pay in like manner ; which money, so forfeited, shall be applied, by the captain or senior officer of the troop or company, to the use of the sick soldiers of the company or troop to which the ofi'endcr belongs. Art. 3. Any non-commissioned officer or soldier who shall xise any profane oath or execration, shall incur the penalties expressed in the foregoing article ; and a commissioned offi- cer shall forfeit and pay, for each and every such offence, one dollar, to be applied as in the preceding article. Art. 4. Every chaplain, commissioned in the army or ar- mies of the Confederate States, who shall absent himself from the duties assigned him (excepting in cases of sickness or leave of absence.) shall, on conviction thereof before a court-martial, be fined not exceeding one month's pay, be- sides the loss of his pay during his absence ; or be discharg- ed, as the said court-martial ghall judge proper. 4 ARTICLES OP WAR. Art. 5. Any officer or soldier who shall use contemtuous or disrespectful words against the President of the Confede- rate States, against the Vice-President thereof, against the Congress of the Confederate States, or against the Chief Magistrate or Legislature of any of the Confederate States, in which he may be quartered, if a commissioned officer, shall be cashiered, or otherwise punished, as a court-martial shall direct ; if a non-commissioned officer or soldier, he shall suffer such punishment as shall be inflicted on him by the sentence of a court-martial. Art. 6. Any officer or soldier who shall behave himself with contempt or disrespect toward his commanding officer, shall be punished, according to the nature of his offence, by 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 suffer death, or such other punishment us by a court-martial shall be inflicted. Art. 8, Any officer, non-commissioned officer, or soldier, \vho, being- present at any mutiny or sedition, does not use his utmost endeavor to suppress the same, or, coming to the knowledge of any intended mutiny, does not, without delay, give 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 offence. Art. 9. Any officer or soldier who shall strike his superi- or officer, or draw or lift up any weapon, or offer any vio- lence against him, being in the execution of his office, on any pretence whatsoever, or shall disobey any lawful command of his superior officer, shall suffer death, or such other pun- ishment as shall, according to the nature of his offence, be inflicted upoti him by the sentence of a court-martial. Art. 10. Every non-commissioned officer or soldier, who shall enlist himself in the service of the Confederate States, shall at the time of his 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 iiext justice of the peace, or chief magistrate of any city or town corporate, not being an officer of the army, or where recourse cannot be had to the civil magistrate, before the judge advocate, and in his presence shall take the following oath or affirmation : " I, A. B., do solemnly swear, or affirm, (as the case may be,) that I will bear true allegiance to the Confederate States of America, and that I will serve them honestly and faithfully against all their enemies or opposers whatsoever ; and observe and obey the orders of the Presi- ARTICLES OP WAR. 5 dent of the Confederate States, and the orders of the officers appointed over me, according to tlie Rules and Articles for the government of the armies of the Confederate States."' Which justice, magistrate, or judge advocate is to give to the officer a certificate, signifying that the man enlisted did take the said oath or affirmation. 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 field officer of tlic regiment to wliich he belongs, or com- manding officer, where no field officer of the the regiment is present; and no discharge shall be given to anon-commis- sioned officer or soldier before his term of service has ex- pired, but by order of the President, the Secretary of War, the commanding officer of a department, or the sentence of a general court-martial ; nor shall a commissioned officer be discharged the service but b)' order of the President of tlie Confederate States, or by sentence of a general court-martial. Art. 12. Every colonel, or other officer commanding a re- giment, troop, or companj', and actually quartered with it, may give furloughs to non-commisnoned officers or soldiers, in such numbers, and for so long a time, as he sliail judge to be most consistent with the good of the service ; and a cap- tain, or other inferior officer, commanding a troop or compa- ny, or in any garrison, fort, or barrack of the Confederate States,(his field officer being absent.) may give furloughs to non-commissioned officers and soldiers, for a time not ex- ceeding twenty daj's 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 everj' 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 him- self, signilying how long such officers, as shall not appear at the said muster, have been absent, and the reason of their ab- sence. In like manner, the commanding officer of every troop or compau}' shall give certificates, signifying the rea- sons 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. Tiie certificates shall, together with the muster-rolls, be remiited by the commissa- ry of musters, or other officer mustering, to the Department of War, as Bpcedil}^ as the distance of the place will admit. Art. 14. Every officer who shall be convicted before a general court-martial of having signed a false certificate re- 6 ARTICLES OF WAR. lating 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 tlie 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 disa- bled 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 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 Confede- rate 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 wlio shall knowingly make 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 com- mand ; or of the arms, ammunition, clothing, or other stores thereunto belonging, shall on conviction thereof before a court-martial, be cashiered. Art. 19. The commanding officer of every regiment, troop, or independent company', or garrison, of the Confederate States, shall, in the beginning of every month, remit, through the proper channels, to the Department of War, an exact re- turn of the regiment, troop, independent company, or garri- son under his conm)and, specifying the names of tiie officers then absent from their posts, with the reasons for and the time of their absence. And any officer who shall be convict- ed of having, through neglect or design, omitted sending such retunis, shall be punislied, 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 Con- federate States, and shall be convicted of having deserted the same, shall sutler 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 command i!ig officer, absent himself from his troop, company, or detachment, shall, ujjou being- convicted tliereof, be punished according to the nature of his oftence, at the discretion of a court-martial. Art. 22. No non-commissioned officer or soldier shall en- ARtlCLES OF WAR, 7 list himself in any other regiment, troop, or company, with- out a regular discharge from the regiment, troop, or compa- ny 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-commission- ed 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 olBcer shall, bv a court-martial, be cashiered. Art. 23. Any oflicer 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 inliicted 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 chal- lenge if sent, upon pain, if a commissioned officer, of being cashiered ; if a non-commissioned officer or soldier, of suffer- ing corporal punishment, at the discretion of a court-martial. Art. 26. If any commissioned or non-commissioned officer commanding a guard shall knowingly or willingly suffer any person whatsoever go forth to fight a duel, he shall be pun- ished as a challenger ; and all seconds, promoters, and carri- ers of challenges, in order to duels, shall be deemed princi- pals, and be punished accordingly. And it shall be the duty of every oflicer commanding an arm}', regiment, company, post, or detachment, who is knowing to a challenge being given or accepted bj'^ any officer, non-commissioned officer, or sol- dier, 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 pow- er 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-commissioned officers or soldiers into confinement until their proper superior officers shall be acquainted there- with ; 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 chal- lenger ; and all officers and soldiers arc hereby discharged 8 ARTICLES OP WAB. from any disgrace or opiniou of disadvantage which might arise from their having refused to accept of challenges, as they will only haye acted iu obedience to the laws, and done their duty as good soldiers who subject themselves to dis- cipline Art. 29. No sutler shall be permitted to sell jiny 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 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 hereby re- quired to see that the persons permitted to suttle shall sup- plj' the soldiers with good and wholesome provisions, or other articles, at a reasonable price, as they shall be answera- ble for their neglect. Art. 31. No officer commanding in any of the garrisons, forts, or barracks of the Confederate States, shall exact ex- orbitant prices for houses or stalls, let out to sutlers, or connive at the like exactions in others ; nor by his own au- thority, and for his private advantage, lay any duty or impo- sition 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, or disturbing fairs or markets, or of committing any kind of riots, to the disquiet- ing 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 offender's pay shall enable him or them, shall, upon proof thereof, be cashiered, or otherwise punished, as a general court-martial sliall 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 of the Confederate States, such as is punishable by the known laws of the land, the commanding officer a,ud officers of every regiment, troop, or company, to which the person or persons so accused shall belong, are_ here- by required, upon application duly made by, or in be- half of, the party or parties injured, to use their utmost en- deavors to deliver over such "accused person or persons to. ARTICLES OP WAK. the civil magifltrate, and likewise to be aiding add assisting to the otriceis of justice in apprcliending and securing: the person or persons so accused, in order to bring liini or tliom to trial. It" any commanding oflicer or olticers sliall wilfully neglect, or shall refuse, upon the application aforesaid, to de- liver over such accused person or ])erson8 to the civil magis- trates, or to be aiding and assisting to the f)flicer8 of justice in apprehending such person or persons, the oflicer or officers so oftending shall be cashiered. Art. 34. If any oflicer shall think himself wronged bj' his Colonel, or the commanding officer of the regiment, and shall, upon duo application being niadi; to him be refused redress, he may complain to the General commanding in the State or Territory where such regiment shall be stalioncd. in order to obtain justice ; who is hereby reijuired to examine into 6aid complaint, and take proper measures for redressing the wrong complained of, and transmit, as soon as po.ssibIe, to tlie Department of War, a true state of such complaint, with the proceedings ha'd tliereon. Art. 3.3. It any inferior officer or soldier shall think him- self wronged b}' his captain or other oflicer, he is to com- plain thereof to the commanding oflicer of the regiment, who is hereb}' required to summon a regimental court-martial, for the doing justice to the complainant ; from which regimental court-martial either party may, if he think himself still aggriev- ed, apiieal to a general conrl-martial. But if, upon a second hearing, the appeal shall a])]uar vexatious and groundless, the pt-rson so apjiealing shall be punished at the discretion of said court-martial. Akt. 36. .Any eommissioned oflicer, store-keeper, or coni- missar}-, who shall i;e convicted at a gericral court-martial of having sold, wilhont a proper order for that purpose, em- bezzled, misajiiilied, or wiliniliy, or tlirongli neglect, siifiered any ol the jirovisions, forage, arms, clothing, ammunition, or other military stores belonging to the Confederate States to be^sjioiled or daniaged. shall, at his own expens", make good the loss or damage, and shall, moreover, lorfeit all his pay, and be 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, wasteil the ammunition de- livered out to him, to be employed in the service of the Con- federate Slates, sliall btj pniiished at the discretion of such Court. ■:• Art. 38. Every non-commissioned oflicer or soldier who shall be camvicted before a couit-martial of iiavin;;- sold, lost, or spoiled, through neglect, liis horse, arms, clothes, or ac- coutrements, shall undergo such weekly 6foi)i'ages (not ex- ceeding the half of his pay) as such court-martial shall judge lO ARTICLES OF WAR. sufficient, for repairing the loss or damage ; and shall sulfer coiifinenieut, or sueh other corporal punishment as his crime shall deserve. Art. 39. Ever}' officer who shall be convicted before a court-martial of having embezzled or misapplied any money with which he may have been intrusted, for the payment of the men under his command, or for enlisting njen into the service, or for other purposes, if a commissioned officer, shall be cashiered, and compelled to refund the money;, if a uon-commissioned officer, shall be reduced to the ranks, be put under stoppages until the money be made good, and sufler such corporal punishment as such court-martial shall direct. Art. 40. Every captain of a troop or company is charged with the arms, accoutrements, anjmunition, clothing, or other warlike stores belonging to the troop or company uiider his command, which he is to be accountable for to his colonel' in case of their being lost, spoiled, or damaged, nut by una- voidable accidents, or on actual service. Art. 41. All non-connnissioned officers and soldiers who shall be found one mile from the camp without leave, in writing, from their conunanding officer, shall suffer sucii punishment as shall be inflicted upon them by the sentence of a court-martial. ATvT. 42. No officer or soldier shall lie out of his quarters, garrison, or camp without leave from his su[)erior officer, upon penalty of being punished according to .the nature of his offence, 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 retreat; in default of which he shall be pmiished according to the nature of his offence. Art. 44. No officer, non-connuissioned officer, or soldier shall fail in repairing, at the (inie fixed; to the place of pa- rade, of exercise, or other rendezvous appointed by his com- manding officer, if not prevented by sickness or some Other evident necessity, or shall go from the said place of rendez- vous without leave from his commanding officer, before he shall be regular!}' dismissed or relieved, on tlie ]>enalty of being punished, according to the nature of his offence, by the sentence of a court-martial. Art. 45. Any commissioned officer who shall be found druuk on his guard, parly, or other it the leave of his superior oflicer. quit his guard, platoon, or division, shall be punished, according to the nature of his offence, by the sentence of a court- martial. Art. ^\. No ofHcer or soldier shall do violence to any per- son who brings 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, \ipon ])ain of death, or such otlier punishment as a court-martial shall direct. Art. .'i2. Any oflicer or soldier who shall misbehave himself before the enemy, run away, flr shaniefully abandon any fort, post, or guard which he or they may be commanded to de- fend, or tipeak words inducing others to do the like, or shall cast awa}' his arms and ammunition, or who shall quit his ))0st or colors to plunder and pillage, every such offender, being duly convicted thereof, shall suffer death, or such other punishment as shall be ordered b}' the sentence of a general court martial. Art. .53. Au}' 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 discipline of war. or shall presume to give a parole or watchword different from what he received, shall suffer ^ death, or such other punishment as shall be ordered by the sentence of a general court-martial. Art. 54. All otiicers and soldiers are to behave themselves orderly in quarters and on their march ; and whoever shall 12 ' ARTICLES OF ^X^R. commit any waste or spoil, either in walks or trees, parks, warrens, fish-ponds, hoiises, or gardens, corn-fields, inclo- sures of meadows, or shall maliciously destroy any property 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 (besides such penalties as they are liable to by law,) be punished according to the nature and degree of the offence, by the judgment of a regi- mental or general court-martial. Art. 55. Whosoever, belonging to the armies of the Con- lederate States in foreign parts, shall force a safeguard, shall suffer death. Art. 56. Whosoever shall relieve the enemy with money, victuals, or ammunition, or shall knowingly harbor or protect an ''enemy, 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- corres- pondence with, or giving intelligence to, the enemy, either directly or indirectly, shall suffer death,- or such other pun- ishment as shall be ordered b}' the sentence of a court-mar- tial. Art. 58. All public stores taken in the enemy's camp, towns, forts, or magazines, whether of artillery, ammunition, 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 comnaander of any garrison, fortress, or post shall be compelled, by the oificers and soldiers under his command, to give up to the enemy, or to abandon it, the commissioned officers, non-commissioned officers, or soldiers who shall be convictad of having so offended, shall suffer death, or such other i)unishnient as shall be inflicted upon them by the sentence of a court-nuirtial. Art.'cO. All sutlers and retainers to the camp, and all per- sons whatsoever, serving with the armies of the Confederate States in the field, though not enlisted soldiers, are to bo subject to orders, according to the rwles and discipline of war. Art. G1. 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 purposes, when composed of diflerent cor|)s, ac- cording to the ranks given them in their brevets or former commissions ; but in the regiment, corps or' company to which such officers belong, they shall do duty and take rank, both in courts and on boards as aforesaid, which sliall be composed of their own corps, according to tlie conjniissions by which they are there mustered. Art. G2. If, upon marches, guards, or in quarters, different ARTICLKS OP XVAK. 13 corps filiall happen to join, or do duty together, tlie oflicer liighest in rank, according to the commission hy which lie is mustered, in tiie army, navy, marine corps, or militia, there on duty by orders Ironi competent authority, shall command the whole, and give orders for what is necdtul for the service, nnlcss otherwise directed by the President of the Confede- rate States, in orders of special assignment providing for the case. Art. G3. The functions of the eugineers being generally confined to the most elevated branch of military science, they are not to assume, nor are they subject to be ordered on any dut}' beyond the line of their immediate profession, except by the special order of the President of the Confederate States: but they are to receive every mark of res|)ect to which their rank in the army may entitle them respectively, and are liable to be transferred, at the discretion of the President, from one corps to another, regard being paid to rank. Art. ()4. General courts-martial may consist of any num- ber of commissioned ollicers; from five to thirteen, iuclnsivo- ly ; but tiiey shall not consist of less than thirteen where that number can be convened without manifest injury to the service. Art. 65. Any general officer commanding an arm}', or colonel commanding a sc])arate department, may a|)point general courts martial wiienever necessary. But no sentence of a court-martial siiall be carried into execution until after the whole proceedings shall Imve been laid before the officer ordering the same, or the officer commanding the troops for the time being ; neither shall any sentence of a general court-martial, in the tin)e of peace, extending to the loss of life, or the dismission of a connnissioned officer, or v. hich shall, either in time of peace or war, resjiect a general officer, be carried into execution, until after the whole proceedings shall have been transmitted to the Secretary of War, to be laid before the President of the Confederate States for his confirmation or disa]iproval, and orders in the case. All otlier sentences may i)c confirmed and executed b.y the officer ordering the coint to assemble, or the conmianding officer for the tinie being, as the case may be. Art. G(). Every olficer connnanding a regiment or cori)8 may ap])oint, for his own regiment or corpy, conrts-martial, to consist of three commissioned officers, for the trial and punishment of offenses not capital, and decide upon their sentences. For the same purpose, all officers commanding any of the garrisons, forts, Iwirracks, or other places where the troops consist of xlifforcnt corps, may assemble courts- martial, to consist of three commissioned officers, and decide upon their sentences. 14 ARflCf.KS OP AVAR. Art 67. No garrison or regimental court-martial shall, have the power to try capital cases or commissioned offlcers ; neither shall they inflict a line exceeding one month's pay, nor imprison, nor put to hard labor, any non-commissioned officer or soldier for a longer time than one month. Art. 68. Whenever it ra.i(,y be found convenient and neces- sary to the public service, the officers of the marines shall be associated with the officers of the land forces, for the pvir- pose of holding courts-martial, and tr3nng offenders belong- ing to either ; and, in such cases, the orders of the senior officer ot either corps who may be present and duly author- ized, shall be'received and obej-ed. Art. 69. The judge advocate, or some person deputed by him, or b}' the general, or officer commanding the army, de- tacliment; or garrison, sliall prosecute in the name of the (lontederate States, but shall so far consider himself as coun- sel for the prisoner, after the said .prisoner shall 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 wliich might tend to criminate himself, and administer to each metaber of the court, before tliey proceed upon any trial, the following oath, whicli shall also bo taken byjill members of the regimental and garrison courts-martial. " You, A. B., do swear that you will well and trul}' try aiKl determine, according to evidence, the matter now IJefore you, between the Confederate States of America and the prisoner to be tried, and that yon will duly administer jus- tice, according to the provisions of 'An act establishing Rules and Articles for the government of the armies of the Con- federate States,' without partiality, favor, or affection ; and if any doubt should arise, not explained by said Articles, according to your conscience, the best of your understand- ing, and the custom of war in like cases ; and you do further swear that you will not divulge tiio sentence of the court until it shall be published by the proper authority ; neither will 3'ou disclose or discove'' the vote or opinion of an 3' par- ticular moniber of tlie court-martial, unless required to give evidence thereof, as a witness, by a court of justice, in a duo course of law. So help you (Jod." And so soon as the said oath shall have been administered to the i'espective 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 an3' particular member of the court-martial, unless required to give evidence thereof, as a witness, b3- a court of justice, in due course of law ; nor di- vulge the sentence of the court to any but the proper au- AnxlcLEs OP War. 15 tliority, until it shall bo duly disclosed by the same. So help yon God." Art. to. When a prisoner, arraigned before a general court-martial, shall, from obstinacy and deliberate design, Btand mute, or answer foreign to tiie purpose, the court may proceed to trial and judgment as if the prisoner liad regular- ly pleafled iu>t guilty. Art. 71. When a member sliall be challenL'ed by a prison- er, he must state his cause of challenge, of which the court shall, after due deliberation, fletermine the relevancy or va- lidity, and -decide accordingly; and no challenge to more tiian one member at a time sliall be received hy the court. Art. 72." All the members of a court martial are to behave with ileccncy anil calmness; and in giving their votes are to begin with the youngest in commission. Art. 73. All peisons who give evidence before a cost or department, and the jiarty accused, with necessary witnesses, to be transported to the ])lace where tlie said court sliall bo assembled. Art. 87. No person shall be sentenced to suffer death but by the concurrence of two-thirds of the members of a gener- at court-martial, nor except in the cases herein expressly ARTICLES OF WAK. 17 mentioned ; and no officer, non-commissioned officer, soldier, or follower of the army, shall be tried a second time for the same offence. Art. 88. No person shall be liable to be tried and pnnish- ed by a general court-martial for any offence which shall ap- pear to have been committed more than two years before the issuing of the order for such trial, unless the person, by reason of having absented himself, or some other manifest impediment, shall not have been amenable to justice within that period. Art. 89. Every officer authorized to order a general conrt- martial shall have power to pardon or mitigate any pvmish- ment ordered by such court, except the sentence of death, or of cashiering an officer ; which, in the cases where he has authority (by Article G5) U) carry them into execution, he may suspend, until the pleasure of the President of the Con- federate States can be known ; which suspension, together with copies of the proceedings of the court-martial, the said officer shall immediately transmit to the President for his determination. And the colonel or commanding officer of the regiment or garrison where any regimental or garrison court-martial shall be held, may pardon or mitigate any pun- ishment ordered by such court to be inflicted. Art. 90. Every judge advocate, or person officiating as Buch, at any general court-martial, shall transmit, with 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 Secretivry of War ; which said original proceedings and sentence shall be carefully kept and preserved in the office of said Secretary, to the end that the persons entitled thereto may be enabled, upon applica- tion to the said officer, to obtain copies thereof. The party 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 copj' of the sentence and proceedings of such court-martial. Art. 91. In cases where the general, or commanding officer may order a court of inquiry to examine into tlie nature of any transaction, accusation, or imputatation against any offi- cer 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 ; ail of whom shall be sworn to tlie 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 witnesses. 18 ARTICLES Of WAR. SO as to investigate fully the circumstances in the question. Art. 92. The proceedings of a coiirt of inquiry must be authentit.-ated by the .signature of the recorder and the presi- dent, and delivered to the coniraaiiding officer, and the said proceedings may be admitted as evidence by a court-martial, in cases not capital, or extending to the dismission 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 consid- ered as engines of destruction to military merit, in the hands of weak and envious commandants, they are hereby prohibi- ted, 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, according to your evidence, into the matter now before you, without partiality, 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, accordhig to your best abilities, accurately and impartially record the proceed- ings 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. When any commissioned officer shall die or be killed in the service of the Confederate States, the major of the regiment, or the officer doing the major's duty in his ab- sence, or in any post or garrison, the second officer in com- mand, or the assistant military agent, shall immediately se- cure 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. Art. 9.5. When anj'^ uon-connnissioncd officer or soldier shall (lie, or be killed in the service of the Confederate 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 non- commissioned officer or soldier. And in case any of the officers, so authorized to take care of the effects of such de- ceased non-commissined officers and soldiers, should, before they jiave accounted to their representatives for the same, have occasion to leave the regiment or post, by preferment ARTICLES OP WAR. 19 or otherwise, they shall, before tliey bo permitted to quit the same, deposit in tlie liands of the commandiiif^ officer, or of the assistant military agent, all the efleets of such deceased non-commissioned officers and soldier, in order tliat the same may be secured for, and paid to, their repective represen- tatives. Art. 96. All officers, conductors, gunners, matrosses, dri- vers, or other persons whatsoever, receiving paj' or hire in the service of the artillery, or corps of engineers of the Con- federate 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 Confederate States. Art. 97. The olficers antl soldiers of any troops, whether militia or others, being mustered and in paj'' of the Confede- rate States, shall, at all times and in all places, when joined, or acting in coTijunctinn with the regular forces of the Con- federate States, be governed by these Rules and Articles of War, and siiall be subject to be tried by courts-martial, in like manner with the officers and soldiers in the regular for- ces ; save only that such courts-martial shall be composed entirely of militia officers. Art. 98. All officers serving by commission from the au- thority of any particular state, shall, on all detachments, comts-martial, or other duty, wherein they may be cmplo^'ed in conjunction with the regular forces of the Confederate 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 Confederate States. Art. 99. All crimes not capital, and all disorders and neg- lects which officers and soldiers may be guilty of, to the pre- judice of good order and military discipline, though not mentioned in the foregoing Articles of War, are to be taken cog-nizance of by a general or regimental court-martial, ac- cording to the nature and degree of the otfence, and be pun- ished at their discretion. Art. 100. The President of the Confederate States shall have power to prescribe the uniform of the army. Art. 101. The foregoing Articles are to be read and pub- lished, once in every six months, to every garrison, regiment, troop, or company, mustered, or to be mustered, in the ser- vice of the Confederate States, and are to be duly observed and obej'ed by all officers and soldiers who are, or shall be, in said service. Sec. 2. And be it further enacted. That in time of war, all persons not citizens of, or owing allegiance to. the Confede- rate States of America, who shall be found lurking as sjiies in and about the fortifications or encampments of the armies 20 ARTICLES OP WAR. of the Confederate States, or any of them, shall suffer death, according to the law and usage of nations, by sentence of a general court-martial. -^ m Holling«r Corp. pH8.5