Page:Regulations for the North Carolina National Guard, 1907.pdf/33

 ARTICLE I.

ARTICLES OF WAR.

1. The Articles of War of the United States apply to the militia by virtue of Par. 16, Sec. 8, Art. I, of the Constitution of the United States. Inasmuch as many of these articles are, from their universality, deficient in direct application to the militia in State service, those articles which clearly apply thereto will be followed, and those which have been made applicable by North Carolina statutes or orders will be followed as modified.

Section 1342, U. S. Revised Statutes. The armies of the United States shall be governed by the following rules and articles. The word officer, as used therein, shall be understood to designate commissioned officers; the word soldier shall be understood to include non-commissioned officers, musicians, artificers, privates, and other enlisted men, and the convictions mentioned therein shall be understood to be convictions by court-martial.

1. Every officer now in the army of the United States shall, within six months from the passing of this act, and every officer hereafter appointed shall, before he enters upon the duties of his office, subscribe these rules and articles.

2. These rules and articles shall be read to every enlisted man at the time of or within six days after his enlistment, and he shall thereupon take the oath or affirmation in the following form: “I, A. B., do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America; that I will serve them honestly and faithfully against all their enemies whomsoever, and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to the rules and Articles of War.” This oath may be taken before any commissioned officer of the Army.

3. Every officer who knowingly enlists or musters into the military service any minor over the age of 16 years without the written consent of his parents or guardian, or any minor under the age of 16 years, or any insane or intoxicated person, or any deserter from the military or naval service of the United States, or any person who has been convicted of any infamous criminal offense, shall, upon conviction, be dismissed from the service, or suffer such other punishment as a court-martial may direct.

4. No enlisted man, duly sworn, shall be discharged from the service without a discharge in writing, signed by a field officer of the regiment to which he belongs, or by the commanding officer when no field officer is present; and no discharge shall be given