Handbook for Light Artillery

by A. B. Dyer

(b) When he shall have been more than six months in the service, two and one half years.

Sec. 3. The foregoing limitations are subject to modification under the following conditions:

(a) The punishment of a deserter may be increased by one year of confinement at hard labor in consideration of each previous conviction of desertion.

(b) The punishment for desertion when joined in by two or more soldiers in the execution of a conspiracy, or for desertion in the presence of an outbreak of Indians or of any unlawful assemblage which the troops may be opposing, shall not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for five years.

Article II.

Except as herein otherwise indicated punishment shall not exceed the limits prescribed in the following table:

Offences.		Limits of punishment.
Under 17th Article of War.
Selling horse or arms, or both		Dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for three years.
Selling accoutrements		Four months' confinement at hard labor and forfeiture of $10 per month for the same period; for non-commissioned officer, reduction in addition thereto.
Selling clothing		Two months' confinement at hard labor and forfeiture of $10 per month for the same period; for non-commissioned officer, reduction in addition thereto.
Losing or spoiling horse or arms through neglect.		Four months' confinement at hard labor and forfeiture of $10 per month for the same period; for non-commissioned officer, reduction in addition thereto.
Losing or spoiling accoutrements or clothing through neglect.		One month's confinement at hard labor and forfeiture of $10; for non-commissioned officer, reduction in addition thereto.
Under 20th Article of War.
Behaving himself with disrespect to his commanding officer.		Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for non-commissioned officer, reduction in addition thereto.
Under 24th Article of War.
Refusal to obey or using violence to officer or non-commissioned officer while quelling quarrels or disorders.		Dishonorable discharge, with forfeiture of all pay and allowances and confinement at hard labor for two years.
Under 31st Article of War.
Lying out of quarters		Forfeiture of $2; corporal, $3; sergeant, $4.
Under 32d Article of War.
Absence without leave--—[20]
Less than one hour		Forfeiture of $1; corporal, $2; sergeant, $3; 1st sergeant or non-commissioned officer of higher grade, $4.
From one to six hours[21]		Forfeiture of $2; corporal, $3; sergeant, $4; 1st sergeant or non-commissioned officer of higher grade, $5.
From six to twelve hours		Forfeiture of $3; corporal, $4; sergeant, $6; 1st sergeant or non-commissioned officer of higher grade, $7.
From twelve to twenty-four hours.		Forfeiture of $5; corporal, $6; sergeant, $7; 1st sergeant or non-commissioned officer of higher grade, $10.
From twenty-four to forty-eight Hours.		Forfeiture of $6 and five days' confinement at hard labor. For corporal, forfeiture of $8; sergeant, $10; 1st sergeant or non-commissioned officer of higher grade, $12; or, for all non-commissioned officers, reduction.
From two to ten days		Forfeiture of $10 and ten days' confinement at hard labor; for non-commissioned officer, reduction in addition thereto.
From ten to thirty days		Forfeiture of $20 and one month's confinement at hard labor; for non-commissioned officer, reduction in addition thereto.
From thirty to ninety days		Three months' confinement at hard labor and forfeiture of $10 per month for same period; for non-commissioned officer, reduction in addition thereto.
For ninety or more than ninety days		Dishonorable discharge and forfeiture of all pay and allowances, and six months' confinement at hard labor.
Under 33d Article of War.
Failure to repair at the time fixed, etc., to the place of parade—
For reveille or retreat roll-call and 11 P.M. inspection		Forfeiture of $1; corporal, $2; sergeant, $3; 1st sergeant, $4
For guard detail		Forfeiture of $5; corporal, $8; sergeant, $10.
For fatigue detail
For dress parade
For the weekly inspection
For target practice		Forfeiture of $2; corporal, $3; sergeant, $5.
For drill
For guard-mounting (by musician)
For stable duty
Under 38th Article of War.
Drunkenness on—
Guard		Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for non-commissioned officer, reduction in addition thereto.
Duty as company cook		Forfeiture of $20.
Extra or special duty
At drill
At target practice		Forfeiture of $12; for non-commissioned officer, reduction and forfeiture of $20.
At parade
At inspection
At inspection of company guard detail
At stable duty
Under 40th Article of War.
Quitting guard		Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for non-commissioned officer, reduction in addition thereto.
Under 51st Article of War.
Persuading soldiers to desert		Dishonorable discharge, forfeiture of all pay and allowances, and one year's confinement at hard labor.
Under 60th Article of War.		Dishonorable discharge, forfeiture of all pay and allowances, and four years' confinement at hard labor.
Under 62d Article of War.
Manslaughter		Dishonorable discharge, forfeiture of all pay and allowances, and ten years' confinement at hard labor.
Assault, with intent to kill		Dishonorable discharge, forfeiture of all pay and allowances, and ten years' confinement at hard labor.
Burglary		Dishonorable discharge, forfeiture of all pay and allowances, and five years' confinement at hard labor.
Forgery		Dishonorable discharge, forfeiture of all pay and allowances, and four years' confinement at hard labor.
Perjury		Dishonorable discharge, forfeiture of all pay and allowances, and four years' confinement at hard labor.
False swearing		Dishonorable discharge, forfeiture of all pay and allowances, and two years' confinement at hard labor.
Robbery		Dishonorable discharge, forfeiture of all pay and allowances, and six years' confinement at hard labor.
Larceny or embezzlement of property—[22]
Of the value of more than $100		Dishonorable discharge, forfeiture of all pay and allowances, and four years' confinement at hard labor.
Of the value of $100 or less and more than $50		Dishonorable discharge, forfeiture of all pay and allowances, and three years' confinement at hard labor.
Of the value of $50 or less and more than $20		Dishonorable discharge, forfeiture of all pay and allowances, and two years' confinement at hard labor.
Of the value of $20 or less.		Dishonorable discharge, forfeiture of all pay and allowances, and one year's confinement at hard labor.
Fraudulent enlistment, procured by false representation or concealment of a fact in regard to a prior enlistment or discharge, or in regard to conviction of a civil or military crime		Dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for one year.
Fraudulent enlistment, other cases of		Dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for six months.
Disobedience of orders, involving wilful defiance of the authority of a non-commissioned officer in the execution of his office		Six months' confinement at hard Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for non-commissioned officer, reduction in addition thereto.
Using threatening or insulting language or behaving in an manner to a non-commissioned officer while in the execution of his office		One month's confinement at hard labor and forfeiture of $10; for non-commissioned officer, reduction in addition thereto.
Absence from fatigue duty		Forfeiture of $4; corporal, $5; sergeant, $6.
Absence from extra or special duty		Forfeiture of $4; corporal, $5; sergeant, $6.
Absence from duty as company or hospital cook.		Forfeiture of $10.
Introducing liquor into post or camp in violation of standing orders.		Forfeiture of $3; for non-commissioned officer, reduction and forfeiture of $5.
Drunkenness at post or in quarters		Forfeiture of $3; for non-commissioned officer, reduction and forfeiture of $5.
Drunkenness and disorderly conduct, causing the offender's arrest and conviction by civil authorities at a place within ten miles of his station		Forfeiture of $10 and seven days' confinement at hard labor; for non-commissioned officer, reduction and forfeiture of $12.
Noisy or disorderly conduct in quarters.		Forfeiture of $4; corporal, $7; sergeant, $10.
Abuse by non-commissioned officer of his authority over an inferior.		Reduction, three months' confinement at hard labor, and forfeiture of $10 per month for the same period.
Non-commissioned officer encouraging gambling.		Reduction and forfeiture of $5.
Non-commissioned officer making false report.		Reduction, forfeiture of $8, and ten days' confinement at hard labor.
Sentinel allowing a prisoner under his charge to escape through neglect.		Six months' confinement at hard labor and forfeiture of $10 per month for the same period.
Sentinel wilfully suffering prisoner under his charge to escape.		Dishonorable discharge, forfeiture of all pay and allowances, and one year's confinement at hard labor.
Sentinel allowing a prisoner under his charge to obtain liquor.		Two months' confinement at hard labor and forfeiture of $10 per month for the same period.
Sentinel or member of guard drinking liquor with prisoners.		Two months' confinement at hard labor and forfeiture of $10 per month for the same period.
Disrespect or affront to a sentinel.		Two months' confinement at hard labor and forfeiture of $10 per month for the same period; for non-commissioned officer, reduction in addition thereto.
Resisting or disobeying sentinel in lawful execution of his duty.		Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for non-commissioned officer, reduction in addition thereto.
Lewd or indecent exposure of person.		Three months' confinement at hard labor and forfeiture of $10 per month for the same period; for non-commissioned officer, reduction in addition thereto.

Article III.

Section 1. When a soldier shall be convicted of an offence the punishment for which, as authorized by Article II. of this order or the custom of the service, does not exceed that which an inferior court-martial may award, the punishment so authorized may be increased by one half for every previous conviction of one or more offences within eighteen months preceding the trial and during the current enlistment; provided that the increase of punishment for five or more previous convictions shall not exceed that thus authorized when there are four previous convictions, and that when one or more of such five or more previous convictions shall have been by general court-martial, or when such convictions shall have occurred within one year preceding the trial, the limit of punishment shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for three months.

When the conviction is of an offence punishable under Article II. of this order or the custom of the service with a greater punishment than an inferior court-martial can award, but not punishable with dishonorable discharge, the sentence may, on proof of five or more previous convictions within eighteen months and during the current enlistment, impose dishonorable discharge and forfeiture of all pay and allowances in addition to the authorized confinement, and when this confinement is less than three months it may be increased to three months.