Executive Order

The Executive order dated February 26, 1891, establishing limits of punishment for enlisted men of the Army, under an act of Congress approved September 27, 1890, and which was published in General Orders, No. 21, 1891, Headquarters of the Army, is amended so as to prescribe as follows:

ARTICLE I.

In all cases of desertion the sentence may include dishonorable discharge and forfeiture of pay and allowances.

Subject to the modifications authorized in section 3 of this article, the limit of the term of confinement (at hard labor) for desertion shall be as follows:

SECTION I. In case of surrender--

(a) When the deserter surrenders himself after an absence of not more than thirty days, one year.

(b) When the surrender is made after an absence of more than thirty days, eighteen months.

SEC. 2. In ease of apprehension--

(a) When at the time of desertion the deserter shall not have been more than six months in the service, eighteen months.

(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 punishments shall not exceed the limits prescribed in the following table:

Offenses. Limits of punishments.

Under seventeeth article of war.

Selling horse or arms, or both

Dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for 3 years.

Selling accouterments

Four months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Selling clothing

Two months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned 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 accouterments of clothing through neglect

One months' confinement at hard labor and forfeiture of $10; for noncommissioned officer, reduction in addition thereto.

Under twentieth 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 noncommissioned officer, reduction in addition thereto.

Under tewnty-fourth 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 2 years.

Under thirty-first article of war.

Lying out of quarters

Forfeiture of $2; corporal, $3; sergeant, $4.

Under thirty-second article of war.

Absence without leave-*

Less than 1 hour

Forfeiture of $1; corporal, $2; sergeant, $3; first sergeant or noncommissioned officer of higher grade, $4.

From 1 to 6 hours+

Forfeiture of $2; corporal, $3; sergeant, $4; first sergeant or noncommissioned officer of higher grade, $5.

From 6 to 12 hours

Forfeiture of $3; corporal, $4; sergeant $6; first sergeant or noncommissioned officer of higher grade, $7.

From 12 to 24 hours

Forfeiture of $5; corporal, $6; sergeant, $7; first sergeant or noncommissioned officer of higher grade, $10.

From 24 to 48 hours

Forfeiture of $6 and 5 days' confinement at hard labor; for corporal, forfeiture of $8; sergeant, $10; first sergeant or noncommissioned officer of higher grade, $12, or, for all noncommissioned officer, reduction.

From 2 to 10 days

Forfeiture of $10 and 10 days' confinement at hard labor; for noncommissioned officer, reduction in addition thereto.

From 10 to 30 days

Forfeiture of $20 and 1 months' confinement at hard labor; for noncommissioned officer, reduction in addition thereto.

*Upon trial for desertion and conviction of absence without leave only, the court may, in addition to the limit prescribed for such absebce, award a stoppage of the amount paid for apprehension.

+Including first and excluding last

Offenses. Limits of punishments.

Under thirty-second article of war - continued .

Absence without leave - continued.

From 30 to 90 days

Three months' confinement at hard labor and forfeiture of $10 per month for same period; for noncommissioned officer, reduction in addition thereto.

For 90 or more than 90 days

Dishonorable discharge and forfeiture of all pay and allowances and 6 months' confinement at hard labor.

Under thirty-third 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.

Forefeiture of $1; corporal, $2; sergeant, $3; first sergeant, $4.

Guard detail

Forefeiture of $5; corporal, $8; sergeant, $10.

Fatigue detail

Dress parade

The weekly inspection

Forfeiture of $2; corporal, $3; sergeant, $5.

Target practice

Drill

Guard mounting (by musician)

Stable duty

Under thirty-eight article of war.

Drunkenness on -

Guard

Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Duty as company cook

Forfeiture of $20.

Extra or special duty

At drill

At target practice

At parade

Forefeiture of $12; for noncommissiond officer, reduction and forfeiture of $20.

At inspection

At inspection of company guard detail

At stable duty

Under fortieth article of war.

Quitting guard

Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Under fifty-first article of war.

Persuading soldiers to desert

Dishonoralble discharge, forfeiture of all pay and allowances, and 1 year's confinement at hard labor.

Under sixtieth article of war.

Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' confinement at hard labor.

Under sixty-second article of war.

Manslaughter

Dishonorable discharge, forfeiture of all pay and allowances, and 10 years' confinement at hard labor.

Assault with intent to kill

Dishonorable discharge, forfeiture of all pay and allowances, and 10 years' confinement at hard labor.

Burglary

Dishonorable discharge, forfeiture of all pay and allowances, and 5 years' confinement at hard labor.

Forgery

Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' confinement at hard labor.

Perjury

Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' confinement at hard labor.

Under sixty-second article of wa r - continued.

False swearing

Dishonorable discharge, forfeiture of all pay and allowances, and 2 years' confinement at hard labor.

Robbery

Dishonorable discharge, forfeiture of all pay and allowances, and 6 years' confinement at hard labor.

Larceny or embezzlement of property of the value of-*

More than $100

Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' confinement at hard labor.

$100 or less and more than $50

Dishonorable discharge, forfeiture of all pay and allowances, and 3 years' confinement at hard labor.

$50 or less and more than $20

Dishonorable discharge, forfeiture of all pay and allowances, and 2 years' confinement at hard labor.

$20 or less

Dishonorable discharge, forfeiture of all pay and allowances, and 1 years' 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 1 year.

Fraudulent enlistment, other cases of.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for 6 months.

Disobedience of orders, involving willful defiance of the authority

of a noncommissioned officer in the execution of his office.

Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officers, reduction in addition thereto.

Using threatning or insulting language or behaving in an

insubordinate manner to a noncommissioned officer while in the

execution of his office.

One months' confinement at hard labor and forfeiture of $10; for noncommissioned officers, 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 noncommissioned officer, reduction and forfeiture of $5.

Drunkenness at post or in quarters

Forfeiture of $3; for noncommissioned officer, reduction and forfeiture of $5.

Drunkenness and disorderly conduct, causing the offender's

arrest and conviction by civil authorities at a place within 10 miles

of his station.

Forfeiture of $10 and 7days' confinement at hard labor; for noncommissioned officer, reduction and forfeiture of $12.

Noisy or disorderly conduct in quarters

Forfeiture of $4; corporal, $7; sergeant, $10.

Abuse by noncommissioned officer of his authority over an inferior

Reduction, 3 months' confinement at hard labor, and forfeiture of $10 per month for the same period.

Noncommissioned officer encouraging gambling

Reduction and forfeiture of $5.

Noncommissioned officer making false report

Reduction, forfeiture of $8, and 10 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 willfully suffering prisoner under his charge to escape

Dishonorable discharge, forfeiture of all pay and allowances, and 1 years' confinement at hard labor.

*In specifications to charges of larceny or embezzelment the value of the property shall be stated.

Offenses. Limits of punishment.

Under sixty-second article of war - continued.

Sentinal 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 noncommissioned 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 noncommissioned 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 noncommissioned officer, reduction in addition thereto.

ARTICLE III.

SECTION I. When a soldier shall be convicted of an offense 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 offenses 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 offense 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.

When a noncommissioned officer is convicted of an offense not punishable with reduction, he may, if he shall have been convicted of a military offense within a year and during the current enlistment, be sentenced to reduction in addition to the punishment already authorized.

SEC. 2. In every case when an offense on trial before a court-martial is of a character admitting of the introduction of evidence of previous convictions and the accused is convicted the court, after determining its findings, will be opened for the purpose of ascertaining whether there is such evidence, and, if so, of hearing it. These convictions must be proved by the records of previous trials or by duly authenticated orders promulgating the same, except in the cases of conviction by summary court, when a duly authenticated copy of the record of said court shall be deemed sufficient proof. Charges forwarded to the authority ordering a general court-martial or submitted to a summary, garrison, or regimental court must be accompanied by the proper evidence of such previous convictions as may have to be considered in determining upon a sentence.

ARTICLE IV.

When a soldier shall on one arraignment be convicted of two or more offenses none of which is punishable under Article II of this order or the custom of the service with dishonorable discharge, but the aggregate term of confinement for which may exceed six months, dishonorable discharge with forfeiture of pay and allowances may be awarded in addition to the authorized confinement.

ARTICLE V.

This order prescribes the maximum limit of punishment for the offenses named, and this limit is intended for those cases in which the severest punishment should be awarded. In other cases the punishment should be graded down according to the extenuating circumstances. Offenses not herein provided for remain punishable as authorized by the Articles of War and the custom of the service.

ARTICLE VI.

Summary courts are subject to the restrictions named in the eighty-third article of war. Soldiers against whom charges may be preferred for trial by summary court shall not be confined in the guardhouse, but shall be placed in arrest in quarters before and during trial and while awaiting sentence, except when in particular cases restraint may be necessary.

ARTICLE VII.

The following substitutions for punishments named in Article II of this order are authorized at the discretion of the court:

Two days' confinement at hard labor for $1 forfeiture; one day's solitary confinement on bread and water diet for two days' confinement at hard labor or for $1 forfeiture: Provided , That a noncommissioned officer not sentenced to reduction shall not be subject to confinement: And provided , That solitary confinement shall not exceed fourteen days at one time nor be repeated until fourteen days have elapsed, and shall not exceed eighty-four days in one year. Whenever the limit herein prescribed for an offense or offenses may be brought within the punishing power of inferior courts-martial, as defined by the eighty-third article of war, by substitution of punishment under the provisions of this article, the said courts have jurisdiction of such offense or offenses.

ARTICLE VIII.

Noncommissioned officers above the rank of corporal shall not, if they object thereto, be brought to trial before regimental, garrison, or summary courts-martial without the authority of the officer competent to order their trial by general court-martial, nor shall sergeants of the post noncommissioned staff or hospital stewards be reduced, but they may be dishonorably discharged whenever reduction is included in the limit of punishment.

GROVER CLEVELAND.