« AnteriorContinuar »
correspondence with, or giving intelligence to the ep. emy, either directly or indirectly, shall suffer deatit, or such other punishment as shall be ordered by the sentence of a court martial.
ART. 58. All public stores taken in the enemy's camp, towns, forts, or magazines, whether of artillery, ammunition, clothing, forage or provisions, shall be secured for the service of the United States ; for the neglect of which the commanding officer is to be answerable.
ART. 59. If any commander of any garrison, fortress or post, shall be compelled, by the officers and soldiers under his command, to give up to the enemy, or to abandon it; the commissioned officers, non-commissioned officers, or soldiers, who shall be convicted of having so offended, shall suffer death, or such other punishment as, shall be inflicted upon them by the sentence of a court martial.
ART. 60. All suttlers and retainers to the camp, and all persons whatsoever, serving with the armies of the United States, in the field, though not enlisted soldiers, are to be subject to orders, according to the rules and discipline of war.
ART. 61. Officers having brevetts, or commissions, of a prior date to those of the regiment in which they serve, may take place in courts martial and on de tachments, when composed of different corps, accorda ing to the ranks given them in their brevetts, or dates of their former commissions; but in the regiment, troop, or company, to which such officers belong, they shall do duty, and take rank, both in courts martial and on detachments, which shall be composed only of their own corps, according to the commissions by which they are mustered in the said corps.
ART. 62. If upon marches, guards, or in quarters, different corps of the army shall 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 of the United States, according to the nature of the case.
Art. 63. The functions of the engineers being generally confined to the most elevated branch of military science, they are not to assume, nor are they subject to be ordered on any duty beyond the line of their immediate profession, except by the special order of the President of the United States; but they are to receive every mark of respect, to which their rank in the army may entitle them respectively, and are liable to be transferred, at the discretion of the President, from one corps to another, regard being paid to rank.
Art. 64. General courts martial may consist of any number of commissioned officers from five to thirteen inclusively, but they shall not consist of less than thirteen, where that number can be convened, without manifest injury to the service.
ART. 65. Any general officer commanding an army, or colonel commanding a separate department, may appoint general courts martial whenever necessary. But no sentence of a court martial shall be carried into execution until after the whole proceedings shall have been laid before the officer ordering the same, or the officer comma
manding the troops for the time being; neither shall any sentence of a general court martial, in time of peace, extending to the loss of life, or the dismission of a commissioned officer, or which shall, either in time of peace or war, respecting a general officer, be carried into execution, until after the whole proceedings shall have been transmitted to the secretary of war, to be laid before the President of the United States, for his confirmation or disapproval and orders in 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.
ART. 66. Every officer commanding a regiment or corps, may appoint, for his own regiment or corps, courts martial, to consist of three commissioned officers, for the trial and punishment of offences not capital, and decide upon their sentences. For the same purpose all officers, commanding any of the garrisons, forts, barracks, or other places where the troops consist of different corps, may assemble courts martial, to consist of three commissioned officers, and decide upon their sentences.
ART. 67. No garrison or regimental court martial shall have the power to try capital cases, or commise sioned officers; neither shall they inflict a fine exceeding one month's pay, nor imprison, nor put to hard labor, any non-coinmissioned oficer or soldier, for a longer time than one month.
ART. 68. Whenever it may be found convenient and necessary to the public service, the officers of the marine shall be associated with the officers of the land forces, for the purpose of holding courts martial and trying offenders belonging to either; and in such cases the orders of the senior officers of either corps who may
present and duly authorized, shall be received and obeyed.
ART. 69. The judge advocate or some person dez puted by him, or by the general, or officer command. ing the army, detachment, or garrison, shall proseeute in the name of the United States, but shall so far consider himself as counsel for the prisoner, after the said prisoner shall have made his plea, as to ob. ject to any leading question to any of the witnesses, or any question to the prisoner, the answer to which might tend to criminate himself; and administer to each member of the court, before they proceed upon any trial, the following oath, which shall also be taken by all members of the regimental and garrison courts martial.
“ You, A. B. do swear, that you will well and truly try and determine, according to evidence, the matter now before
you, between the United States of Ameri
So help you
ca and the prisoner to be tried, and that you will duly administer justice, according to the provisions of "an act establishing rules and articles for the government of the armies of the United States," without partiali. ty, favor or affection; and if any doubt shall arise, not explained by said articles, according to your conscie ence, the best of your understanding, and the custom of war, in like cases; and you do further swear, that you will not divulge the sentence of the court until it shall be published by the proper authority ; neither will you 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. God."
And as soon as the said oath shall have been ad. ministered 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 :
“ You, A. B. do swear, that you will not 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 due course of law. Nor divulge the sentence of the court to any but the proper authority, until it shall be duly disclosed by the same. So help you God."
ART. 70. When any prisoner arraigned before a general court martial shall, from obstinate and deliberate design, stand mute or answer foreign to the purpose, the court may proceed to trial and judge ment as if the prisoner had regularly pleaded not guilty.
Art. 71. When a member shall be challenged by . a prisoner, he must state his cause of challenge, of which the court shall, after due deliberation, determine the relevancy or validity, and decide accordingly; and no challenge to more than one member at a time shall be received by the court.
Art. 72. All the members of a court martial are to behave with decency and calmness; and in giving their votes, are to begin with the youngest in commission.
Art. 73. All persons who give evidence before a court martial, are to be examined on oath or affirmation in the following form:
“ You swear, or affirm, (as the case may be) the evidence you shall give in the cause now in hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God.”
Art. 74. On the trials of cases not capital, before courts martial, the deposition of witnesses not in the Jine or staff of the army, may be taken before some justice of the peace, and read in evidence ; provided, The prosecutor and person accused are present at the taking the same, or are duly notified thereof.
ART. 75. No officer shall be tried but by a general court martial, nor by officers of inferior rank, if it can be avoided. Nor shall any proceedings or trials be carried on excepting between the hours of eight in the morning and three in the afternoon, excepting in cases which, in the opinion of the officer appointing the court martial, require immediate example.
Art. 76. No person whatsoever shall use any menacing words, signs, or gestures, in presence of a court martial, or shall cause any disorder or riot, or disturb their proceedings, on the penalty of being punished at the discretion of the said court martial.
Art. 77. Whenever any officer shall be charged with a crime, he shall be arrested and confined in his barracks, quarters or tent, and deprived of his sword, by the 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 officer, shall be cashiered.
Art. 78. Non-commissioned officers and soldiers, charged with crimes, shall be confined until tried by
court martial, or released by proper authority.