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advocate, or other suitable person, as a recorder,
to reduce the proceedings and evidence to writ-
ing, all of whom shall be sworn to the 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, so as to investigate
fully the circumstances in the question.

Art. 92. The proceedings of a court of in. Courts of inquiry, must be authenticated by the signature

quiry. of the recorder and the president, and delivered to the commanding 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 obtaind. But as courts of Prohibited,

unless direct inquiry may be perverted to dishonorable pured by the rro poses, and may be considered as engines of sident, or dedestruction to military merit, in the hands of

manded by

the accused. weak and envious commandants, they are here. by prohibited, unless directed by the President of the United 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 in Oath of mem. quire, according to your evidence, into the bers of court matter now before you, without partiality, fa. of inqniry. vor, affection, prejudice, or hope of reward. So help you God.”

After which the president shall administer to the judge advocate, or recorder, the follow. ing oath:

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Oath of the " You, A B, do swear, that you will, aca recorder. cording to your best abilities, accurately and

impartially record the proceedings of the court, and the evidence to be given in the case in.

hearing. So help you God." Oath of wit

The witnesses shall take the same oath as

witnesses sworn before a court martial. An inventory

Art. 94. When any commissioned officer of the effects shall die or be killed in the service of the Unit. of any officer ed States, the major of the regiment, or the to be made & officer doing the major's duty in his absence, transmitted to or in any post or garrion, the second officer in thre War Of command, or the assistant military agent, shall fice,

inimediately secure 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. An inventory

Art. 95. When any noncommissioned officer of the effects or soldier shall die or be killed in the service of of any non. , the United States, the then commanding officer officer or sol. of the troop or company, shall, in the presence dier wło shall of two other commissioned officers, take an die, to be made

account of what effects he died possessed of, and transmittell to the War above his arms and accoutrements, and transmit Office. 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 noncommissioned officer or soldier: And in case any of the officers, so authorized to take care of the effects of deceased officers and soldiers, should, before they have accounted to their representatives for the same, have oco casion to leave the regiment or post, by pre• ferment, or otherwise, they shall, before they be permitted to quit the same, deposite in the hands of the commanding officer, ox of the as.

these rules

sistant military agent, all the effects of such deceased noncommissioned officers and soldiers, in order that the same may be secured for, and paid to, their respective representatives.

Art. 96. All officers, conductors, gunners, All persons matrosses, drivers, or other persons whatso whatever in ever, receiving pay or hire, in the service of or engineers, the artillery or corps of engineers of the United subject to States, shall be governed by the aforesaid rules

and articles, 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 United States.

Art. 97. The officers and soldiers of any Militia, and troops, whether militia or others, being mus. others. in pay tered and in pay of the United States, shall, of the United at all times, and in all places, when joined, or to these rules acting in conjunction, with the regular forces and articles of the United States, be governed by these but to be tried rules and articles of war, and shall be subject ficers, to be tried by courts martial, in like manner with the officers and soldiers in the regular forces; save, only, that such courts martial shall be composed entirely of militia officers. ,

Art. 98. All officers, serving by commission Militia officers from the authority of any particular state, shall, to take rank on all detachments, courts martial, or other du: next after all

officers of the ty, wherein they may be employed in conjunc. same grade in tion with the regular forces of the United States, the army. 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 United States.

Art. 99. All crimes, not capital, ard all dis Crimes, not orders and neglects which officers and soldiers capital, and all may be guilty of, to the prejudice of good order neglects, tho*.* and military discipline, though not mentioned in nu herein.



mentioned to the foregoing articles of war, are to be taken be taken coge cognizance of by a general or regimental court nizance of

martial, according to the nature and degree of

the offence, and be punished at their discretion. President to Art. 100. The President of the United States prescribe the shall have power to prescribe the uniform of the uniform.

army. These articles Art. 101. The foregoing articles are to be to be read eveo read and published once in every six months,

to every garrison, regiment, troop, or company, mustered or to be mustered in the service of the United States, and are to be duly observed and obeyed, by all officers and soldiers who are, or

shall be, in said service. Persons, not

Sec. 2. And be it further enacted, That in time citizens lurk ing as spies.

of war, all persons, not citizens of, or owing allegiance to, the United States of America, who shall be found lurking as spies, in or about the fortifications or encampments of the armies of the United States, or any of them, shall suffer death, according to the law and usage of nations, by sentence of a general court

martial. Repealing

Sec. 3. And be it further enacted, That the rules and regulations, by which the armies of the United States have heretofore been governed, and the resolves of Congress thereunto annexed, and respecting the same, shall henceforth be void and of no effect, except so far as may relate to any transactions under them, prior to the pro: mulgation of this act, at the several posts and garrisons respectively, occupied by any part of the army of the United States.

[Approved, April 10, 1806.]



Extract of An Act passed 16th May, 1812.

Sec. 7. And be it further enacted, That so much of the “ Act for establishing rules and ar. Punishment ticles for the government of the armies of the by stripes ont United States," as authorizes the infliction of ed. corporeal punishment, by stripes or lashes, be, and the same is hereby, repealed.

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