ing court.

Approval of ART. 104. No sentence of a court-martial shall be sentence by officer order carried into execution until the whole proceedings shall have been approved by the officer ordering the court, or by the officer commanding for the time being.

Confirmation of death sentence.

of

Confirmation dismissals

ART. 105.-No sentence of a court-martial, inflicting the punishment of death, shall be carried into execution until it shall have been confirmed by the President; except in the cases of persons convicted, in time of war, as spies, mutineers, deserters, or murderers, and in the cases of guerilla marauders, convicted, in time of war, of robbery, burglary, arson, rape, assault with intent to commit rape, or of violation of the laws and customs of war; and in such excepted cases the sentence of death may be carried into execution upon confirmation by the commanding general in the field, or the commander of the department, as the case may be.

ART. 106.-In time of peace no sentence of a courtin time of martial, directing the dismissal of an officer, shall be carried into execution until it shall have been confirmed by the President.

peace.

Dismissal by division or

ART. 107.-No sentence of a court-martial, apbrigade courts. pointed by the commander of a division or of a separate brigade of troops, directing the dismissal of an officer, shall be carried into execution until it shall have been confirmed by the general commanding the army in the field to which the division of brigade belongs.

General off

cers; sentences

ART. 108. No sentence of a court-martial, either respecting. in time of peace or in time of war, respecting a general officer, shall be carried into execution, until it shall have been confirmed by the President.

Confirmation by ofhcer or

ART. 109.-All sentences of a court-martial may be dering court. confirmed and carried into execution by the officer ordering the court, or by the officer commanding for the time being, where confirmation by the President, or by the commanding general in the field, or commander of the department, is not required by these articles.

of field ofti

cers' senten

ces.

ART. 110.-No sentence of a field-officer, detailed Confirmation to try soldiers of his regiment, shall be carried into execution, until the whole proceedings shall have been approved by the brigade commander, or, in case there be no brigade commander, by the commanding officer of the post.

ART. 111.-Any officer who has authority to carry into execution the sentence of death, or of dismissal of an officer, may suspend the same until the pleasure of the President shall be known; and, in such case, he shall immediately transmit to the President a copy of the order of suspension, together with a copy of the proceedings of the court.

Suspension of death or dis

sentences of

missal.

mitigation of sentences.

ART. 112.-Every officer who is authorized to order Pardon and a general court-martial, shall have power to pardon or mitigate any punishment adjudged by it, except the punishment of death or of dismissal of an officer. Every officer commanding a regiment or garrison in which a regimental or garrison court-martial may be held, shall have power to pardon or mitigate any punishment which such court may adjudge.

forwarded to

cate General.

ART. 113.-Every judge-advocate, or person acting Proceedings as such, at any general court-martial, shall, with as Judge-Advo much expedition as the opportunity of time and distance of place may admit, forward the original proceedings and sentence of such court to the Judge-Advocate General of the Army, in whose office they shall be carefully preserved.

to a copy.

ART. 114.-Every party tried by a general court- Party entitled martial shall upon demand thereof, made by himself or by any person in his behalf, be entitled to a copy of the proceedings and sentence of such court.

quiry; how or

dered.

ART. 115.-A court of inquiry, to examine into the Courts of innature of any transaction of, or accusation or imputation against, any officer or soldier, may be ordered by the President or by any commanding officer; but, as courts of inquiry may be perverted to dishonorable

Members of court of inquiry.

bers and re

purposes, and may be employed, in the hands of weak and envious commandants, as engines for the destruction of military merit, they shall never be ordered by any commanding officer, except upon a demand by the officer or soldier whose conduct is to be inquired of.

ART. 116.-A court of inquiry shall consist of one or more officers, not exceeding three, and a recorder, to reduce the proceedings and evidence to writing.

Oaths of mem- ART. 117.-The recorder of a court of inquiry shall corder of court administer to the members the following oath : "You of inquiry. shall well and truly examine and inquire, according to the evidence, into the matter now before you, without partiality, favor, affection, prejudice, or hope of reward so help you God." After which the president of the court shall administer to the recorder the following oath: "You, A. B., do swear that you will, according 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."

Witnesses before courts of inquiry.

Opinion; when given by.

Authentication

of proceedings

ART. 118.-A court of inquiry, and the recorder thereof, shall have the same power to summon and examine witnesses as is given to courts-martial and the judge-advocates thereof. Such witnesses shall take the same oath which is taken by witnesses before courtsmartials, (a) and the party accused shall be permitted to examine and cross-examine them, so as fully to investigate the circumstances in question.

ART. 119.-A court of inquiry shall not give an opinion on the merits of the case inquired of, unless specially ordered to do so.

ART. 120. The proceedings of a court of inquiry of court of in- must be authenticated by the signatures of the recorder quiry. and the president thereof, and delivered to the commanding officer.

(a) Sic in the Roll.

of court of in

quiry, used as

evidence.

ART. 121.-The proceedings of a court of inquiry Proceedings may be admitted as evidence by a court-martial, in cases not capital, nor extending to the dismissal of an officer: Provided, That the circumstances are such that oral testimony can not be obtained.

ART. 122.-If, upon marches, guards, or in quarters, different corps of the army happen to join or do duty together, the officer highest in rank of the line of the army, marine corps, or militia, by commission, there on duty or in quarters, shall command the whole, and give orders for what is needful to the service, unless otherwise specially directed by the President, according to the nature of the case.

volunteer officers on same

rank, etc.

ART. 123. In all matters relating to the rank, du- Regular and ties, and rights of officers, the same rules and regulations shall apply to officers of the Regular Army and footing, as to to volunteers commissioned in, or mustered into said service, under the laws of the United States, for a limited period.

officers on duty

with officers of regular or volunteer forces.

ART. 124.-Officers of the militia of the several Rank of milita States, when called into the service of the United States, shall, on all detachments, courts-martial, and other duty wherein they may be employed in conjunction with the regular or volunteer forces of the United States, take rank next after all officers of the like grade in said regular or volunteer forces, notwithstanding the commissions of such militia officers may be older than the commissions of the said officers of the regular or volunteer forces of the United States.

cers' effects.

ART. 125.-In case of the death of any officer, the Deceased offmajor of his regiment, or the officer doing the major's duty, or the second officer in command at any post or garrison, as the case may be, shall immediately secure all his effects then in camp or quarters, and shall make, and transmit to the office of the Department of War, an inventory thereof.

Deceased soldiers' effects.

Effects of deceased officers

be accounted

for.

ART. 126.-In case of the death of any soldier, the commanding officer of his troop, battery, or company shall immediately secure all his effects then in camp or quarters, and shall, in the presence of two other officers, make an inventory thereof, which he shall transmit to the office of the Department of War.

ART. 127.-Officers charged with the care of the and soldiers to effects of deceased officers or soldiers shall account for and deliver the same, or the proceeds thereof, to the legal representatives of such deceased officers or soldiers. And no officer so charged shall be permitted to quit the regiment or post until he has deposited in the hands of the commanding officer all the effects of such deceased officers or soldiers not so accounted for and delivered.

Articles of war to be published

months to

ART. 128. The foregoing articles shall be read and once in six published once in every six months, to every garrison, every regi- regiment, troop, or company in the service of the United States, and shall be duly observed and obeyed by all officers and soldiers in said service.

ment, etc.

Spies.

SEC. 1343.-All persons who, in time of war, or of rebellion against the supreme authority of the United States, shall be found lurking or acting as spies in or about any of the fortifications, posts, quarters, or encampments of any of the armies of the United States, or elsewhere, shall be triable by a general court-martial, or by a military commission, and shall, on conviction thereof, suffer death.