General officers commanding sepa CHAPTER 6. In Congress-June 18, 1777. Resolved, That a general officer commanding a separate derate departments partment, be empowered to grant pardons to, or order execution may act upon capi- of, persons condemned to suffer death by general courts-martial, without being obliged to report the matter to Congress or the mander-in-chief. Commander-in-chief. tal sentences without reference to Congress or com 700 troops to be raised. CHAPTER 7. In Congress-April 12, 1785. Resolved, That the non-commissioned officers and privates to be raised by the resolution of the seventh day of the present month, April, be furnished by the states hereinafter mentioned, in the following proportions: Connecticut, New York, New Jersey, 165 165 110 260 -700 Commissioned of That the following commissioned officers be furnished by the ficers to be furnish said states, for the said troops, in the following proportions: ed by the states named. Pay of officers, non-commissioned One lieutenant-colonel from Pennsylvania. Two majors, one from Connecticut, and one from New York, each to command a company. Eight captains, ten lieutenants, one to act as adjutant, one as quartermaster, and one as paymaster. Ten ensigns, one surgeon and four mates, to be furnished by the said states in proportion to the number of privates which they respectively furnish. That the pay of the lieutenant-colonel be fifty dollars per officers & soldiers, month; that of the major, forty-five; captain, thirty-five; lieutenant, twenty-six; ensign, twenty; sergeant, six; corporal, five; drum, five; fife, five; private, four; surgeon, forty-five; mate, thirty. That the lieutenants acting as adjutant, quartermaster and paymaster, shall receive, in consideration of the said extra duty, each ten dollars per month. That each officer and soldier shall receive one month's pay after they are embodied, before their march.* The provisions of this resolution in regard to pay, were adopted by a resolution of the 3d of October, 1787, and again by an act of Congress of 29th September, 1789-see chapter 9 and chapter 11, section 2.-Repealed and supplied by act of 30th April, 1790-see chap. 12. · ganized into one panies of infantry lery. That the secretary of war be directed to form the said troops Troops to be orwhen raised into one regiment, consisting of eight companies of regiment, consistinfantry, and two of artillery, to appoint their places of rendez- ing of eight comvous, direct their subsequent operations, and make all other infe- and two of artilrior necessary arrangements not herein particularly mentioned, subject to the order of Congress, and of the committee of the states in the recess of Congress; and that the commissioners of the treasury be instructed to furnish on his warrant, the sums necessary for carrying the same into effect. shall be subject to That the said troops when embodied, on their march, on duty, When embodied, or in garrison, shall be subject to all the rules and regulations the rules and arformed for the government of the late army, or such other rules ticles of war. as Congress or a committee of the states may form. That the secretary at war ascertain the necessary clothing Clothing. and rations proper for the troops, and report the same to Congress. That the commissioners of the treasury contract for the sup- Rations. ply of rations at such places and in such quantities as the secretary at war shall judge necessary. CHAPTER 8. In Congress-May 31, 1786. WHEREAS crimes may be committed by officers and soldiers, serving with small detachments of the forces of the United States, and where there may not be a sufficient number of officers to hold a general court-martial, according to the rules and articles of war, in consequence of which criminals may escape punishment, to the great injury of the discipline of the troops and the public service. Resolved, That the 14th section of the rules and articles for the better government of the troops of the United States, and such other articles as relate to the holding of courts-martial, and the confirmation of the sentences thereof, be, and they are hereby repealed. Resolved, That the following rules and articles for the administration of justice, and the holding of courts-martial, and the confirmation of the sentences thereof, be duly observed, and exactly obeyed by all officers and soldiers, who are, or shall be in the armies of the United States. ADMINISTRATION OF JUSTICE. martial may con ber of commis ART. 1. General courts-martial may consist of any number General courtsof commissioned officers from five to thirteen inclusively; but sist of any numthey shall not consist of less than thirteen, where that num- sioned officers ber can be convened without manifest injury to the service. from five to thir teen. martial shall be or the cases may re manding the troops. executed until after before him; nor General courts- ART. 2. General courts-martial shall be ordered, as often dered as often as as the cases may require, by the general or officer commandBut no sentence of a court-martial shall be ▲ quire, by the gene- ing the troops. ral or officer com- carried into execution until after the whole proceedings shall Sentences not to be have been laid before the said general or officer commanding the proceedings the troops for the time being; neither shall any sentence of a shall have been laid general court-martial in time of peace, extending to the loss then, in time of of life, the dismission of a commissioned officer, or which tend to loss of life, shall either in time of peace or war respect a general officer, peace, if they exor dismission of be carried into execution, until after the whole proceedings cers; nor in time of shall have been transmitted to the secretary at war, to be laid they respect general before Congress for their confirmation, or disapproval, and before Congress for their orders on the case. All other sentences may be confirmed and executed by the officer ordering the court to assemble, or the commanding officer for the time being, as the case may be. peace or war, if officers, until laid their orders. com Officers manding regi mental courts upon their sentences. their sentences. ART. 3. Every officer commanding a regiment or corps, may ments or corps appoint of his own regiment or corps, courts-martial, to consist may appoint regi- of three commissioned officers, for the trial of offences, not capmartial and decide ital, and the inflicting corporeal punishment, and decide upon For the same purpose, all officers, commanding any of the garrisons, forts, barracks, or other place where the troops consist of different corps, may assemble courts-martial, to consist of three commissioned officers, and decide upon their sentences. Regimental or garrison courts ART. 4. No garrison or regimental court-martial shall have the martial not to try power to try capital cases, or commissioned officers; neither capital cases, nor shall they inflict a fine exceeding one month's pay, nor imprison, ficers; nor inflict nor put to hard labor, any non-commissioned officer or soldier, month's pay, nor for a longer time than one month. commissioned of a fine exceeding a imprison or put to hard labor for more than one month. ART. 5. The members of all courts-martial shall, when belonging to different corps, take the same rank in court which Members of all they hold in the army. But when courts-martial shall be comfake rank accord- posed of officers of one corps, they shall take rank according ing to the compo-to the commissions by which they are mustered in the said courts-martial, sition of the courts. Judge-advocate shall prosecute in after the plea of shield him from corps. ART. 6. The judge-advocate, or some person deputed by him, the name of the or by the general or officer commanding the army, detachment United States, but or garrison, shall prosecute in the name of the United States of the prisoner, shall America; but shall so far consider himself as counsel for the self-crimination prisoner, after the said prisoner shall have made his plea, as to to himself or lead- object to any leading question to any of the witnesses, or any ing questions to question to the prisoner, the answer to which might tend to criminate himself; and administer to each member the following oaths, which shall also be taken by all members of regimental and garrison courts-martial. "You shall well and truly try and determine, according to evidence, the matter now before you, between the United States of America, and the prisoner to be tried. So help you God." "You, A. B., do swear, that you will duly administer justice, according to the rules and articles for the better government of the forces of the United States of America, without partiality, favor or affection; and if any doubt shall arise, which is not explained by said articles, according to your conscience, the best of your understanding, and the custom of war, in the like cases. And you do further swear, that you will not divulge the sentence of the court, until it shall be published by the commanding officer. Neither will you, upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you God." As soon as the said oaths 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: vocate. "You, A. B., do swear, that you will not upon any account, Oath of judge-adat any time whatsoever, disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof as a witness, by a court of justice, in a due course of law. So help you God." have with decency, ART. 7. All the members of a court-martial are to behave Members to bewith decency and calmness; and in giving their votes, are to begin with the youngest in commission. and in voting begin with the youngest in commission. Witnesses shall be sentence of death ART. 8. All persons who give evidence before a court-martial, are to be examined on oath, or affirmation, as the case may examined on oath be, and no sentence of death shall be given against any offender requires concurby any general court-martial, unless two-thirds of the members rence of two-thirds of the court shall concur therein. of the members. ART. 9. Whenever an oath or affirmation shall be adminis- Oath of witness. tered by a court-martial, the oath or affirmation shall be in the following form: "You swear (or affirm, as the case may be) the evidence you shall give in the case, now in hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God.” witnesses not of the ART. 10. On the trials of cases not capital, before courts- On trials not capimartial, the depositions of witnesses, not in the line or staff of tal, depositions of the army, may be taken before some justice of the peace, and army may be taken read in evidence, provided the prosecutor and person accused dence. are present at the taking the same. and read in evi courts-martial, nor it can be avoided ART. 11. No officer shall be tried but by a general court-mar- Officers not to be tial, nor by officers of an inferior rank if it can be avoided. Nor tried but by general shall any proceedings or trials be carried on, excepting between by inferior grades if the hours of eight in the morning and three in the afternoon, ex- hours of proceeding. cept in cases which, in the opinion of the officer appointing the court require immediate example. ART. 12. No person whatsoever shall use menacing words, Conduct in presence signs or gestures in the presence of a court-martial, or shall of court-martial. cause any disorder or riot to disturb their proceedings, on the penalty of being punished at the discretion of the said courtmartial. of non-commission diers. Dismissal of offi- ART. 13. No commissioned officer shall be cashiered, or discers, and discharge missed from the service, excepting by order of Congress, or by the ed officers and sol- sentence of a general court-martial; and no non-commissioned officer or soldier shall be discharged the service, but by the order of Congress, the secretary at war, the commander-inchief, or commanding officer of a department, or by the sentence of a general court-martial. Arrest and confinement of officers ART. 14. Whenever any officer shall be charged with a breach of arrest. crime, he shall be arrested and confined to his barracks, quarters or tent, and deprived of his sword by his commanding officer. And any officer, who shall leave his confinement before he shall be set at liberty by his commanding officer, or by a superior power, shall be cashiered for it. Imprisonment of soldiers. Limitation of ar ment. ART. 15. Non-commissioned officers and soldiers, who shall be charged with crimes, shall be imprisoned, until they shall be tried by a court-martial, or released by proper authority. ART. 16. No officer or soldier, who shall be put in arrest or rest and confine- imprisonment, shall continue in his confinement more than eight days, or until such time as a court-martial can be assembled. Refusal to receive prisoners. Release and escape of prisoners. Prisoners to be reported daily. Seandalous behaviour. Suspension. Officers cashiered for cowardicesentence, to be published in newspapers, &c. ART. 17. No officer commanding a guard, or provost-marshall, shall refuse to receive or keep any prisoner committed to his charge by any officer belonging to the forces of the United States, provided the officer committing shall, at the same time, deliver an account in writing signed by himself, of the crime with which the said prisoner is charged. ART. 18. No officer commanding a guard, or provost-marshal, shall presume to release any person committed to his charge, without proper authority for so doing; nor shall he suffer any person to escape on penalty of being punished for it by the sentence of a court-martial. ART. 19. Every 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 writing, to the commander-in-chief, or commanding officer, of their names, their crimes, and the names of the officers who committed them, on the penalty of his being punished for disobedience or neglect at the discretion of a court-martial. ART. 20. Whatever commissioned officer shall be convicted before a general court-martial, of behaving in a scandalous and infamous manner, such as is unbecoming an officer and a gentleman, shall be dismissed the service. ART. 21. In cases 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 pay and emoluments for the same time, according to the nature and heinousness of the offence. ART. 22. In all cases where a commissioned officer is cashiered for cowardice or fraud, it shall, be added in the sentence, that the crime, name, place of abode, and punishment of the |