of court of in evidence. ART. 121.—The proceedings of a court of inquiry Proceedings may be admitted as evidence by a court-martial, in quiry, used as cases not capital, nor extending to the dismissal of an officer: Provided, That the circumstances are such that oral testimony can not be obtained. when different happen to join. ART. 122.-If, upon marches, guards, or in quar- Command, ters, different corps of the army happen to join or do corps 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. ART. 123. In all matters relating to the rank, duties, and rights of officers, the same rules and regulations shall apply to officers of the Regular Army and to volunteers commissioned in, or mustered into said service, under the laws of the United States, for a limited period. Regular and cers on same footing as to rank, etc. volunteer offi regular or volunteer forces. ART. 124.-Officers of the militia of the several Rank of milita officers on duty States, when called into the service of the United States, with officers of 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 s1X 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. APPENDIX. FORM I. Order appointing a General Court-Martial. SPECIAL ORDERS, No. 187-. A General Court-Martial is hereby appointed to meet at West Point, N. Y., on Monday the day of, 187, at 11 o'clock, A. M., or as soon thereafter as practicable,1 for the trial of such persons as may properly be brought before it. No other officers than those named can be assembled without manifest injury to the service.2 The court is authorized to sit without regard to hours.3 [Name] Asst. Adjt. General. 1 The orders from some of the Departments here read, "for the trial of such persons as may be brought before it by authority from these Headquarters." 2 This clause is not added when the court consists of thirteen members. This clause would only be added when the court is authorized to sit beyond the prescribed hours. A Garrison Court-Martial will convene at this post on the day of at 11 o'clock, A. M., or as soon thereafter as practicable, for the trial of such prisoners as may properly be brought before it. Order appointing a Court of Inquiry. On the application of Captain a Court of Inquiry is hereby appointed to meet at day of Monday, the from 187-. Artillery,1 on 187-, at 11 o'clock, A. M., or as soon examine into the nature of certain to of date 1 Where a court is ordered by the President the order reads, "By direction of the President a Court of Inquiry is hereby appointed, etc." If it is on application of an officer, this appears in the order. The Court will report the facts and give their opinion on the merits of the case.1 By command of Major-General [Name] Asst. Adjt. General. FORM IV. Record of Proceedings of a Court-Martial. Page 1.2 Proceedings of a General Court-Martial, convened at West Point, N. Y., by virtue of the following order:3 HEADQUARTERS, DEPARTMENT OF SPECIAL ORDERS, 187 No. A General Court-Martial is hereby appointed to meet at West Point, N. Y., on Monday, the day of, 187-, at 11 o'clock, A. M., or as soon thereafter as practicable, for the trial of such persons as may properly be brought before it. No other officers than those named can be assembled without manifest injury to the service. 1 When not required to give an opinion the latter part of this clause would be omitted. Each page should be numbered. 3 The record should be written down one page of legal cap paper, then commencing at the top of the next when turned, and so on. |