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advocate, or other suitable person, as a recorder, to reduce the proceedings and evidence to writing, 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.

quiry.

Art. 92. The proceedings of a court of in Courts of inquiry, must be authenticated by the signature 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 directinquiry may be perverted to dishonorable pur- ed by the Preposes, and may be considered as engines of sident, or dedestruction to military merit, in the hands of manded by 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:

the accused.

"You shall well and truly examine and in- Oath of memquire, according to your evidence, into the bers of court of inquiry. matter now before you, without partiality, favor, affection, prejudice, or hope of reward. So help you God."

After which the president shall administer to the judge advocate, or recorder, the following oath:

Oath of the recorder.

Oath of witness.

who shall die,

fice.

"You, A B, do swear, that you will, ac 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."

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 Unitof 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 the War of command, or the assistant military agent, shall immediately 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 commissioned officer or sol of the troop or company, shall, in the presence dier who shall of two other commissioned officers, take an die, to be made account of what effects he died possessed of, ted to the War above his arms and accoutrements, and transmit

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 oc casion to leave the regiment or post, by preferment, or otherwise, they shall, before they be permitted to quit the same, deposite in the hands, of the commanding officer, or of the as

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.

these rules

Art. 96. All officers, conductors, gunners, All persons matrosses, drivers, or other persons whatso- whatever in the artillery 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 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.

and articles.

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 States, subject 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.

by militia of

officers of the

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 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 com missions of such militia or state officers may be elder than the commissions of the officers of the regular forces of the United States.

disorders and

Art. 99. All crimes, not capital, and 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 not herein.

nizance of.

mentioned. to the foregoing articles of war, are to be taken be taken cog cognizance of by a general or regimental court martial, according to the nature and degree of the offence, and be punished at their discretion. Art. 100. The President of the United States prescribe the shall have power to prescribe the uniform of the

President to

uniform.

These articles

to be read eve ry six months.

Persons, not citizens.lurk.

army.

Art. 101. The foregoing articles are to be 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.

Sec. 2. And be it further enacted, That in time 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 elause.

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 promulgation of this act, at the several posts and garrisons respectively, occupied by any part the army of the United States.

of

[Approved, April 10, 1806.]

Extract of An Act passed 16th May, 1812.

Sec. 7. And be it further enacted, That so

lashes abolish

much of the "Act for establishing rules and ar- Punishment ticles for the government of the armies of the by stripes or 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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