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CHAPTER 6.

In Congress-June 18, 1777.

General officers

Resolved, That a general officer commanding a separate derate departinents” partment, be empowered to grant pardons to, or order execution may act upon capi- of, persons condemned to suffer death by general courts-martial,

without being obliged to report the matter to Congress or the commander-in-chief.

tal sentences with. out reference to Congress or commander-in-chief.

CHAPTER 7.

In Congress-April 12, 1785.

700 troops to be raised.

Commissioned of

named.

Resolved, That the non-commissioned officers and privates to be raised by the resolution of the seventh day of the present month, April, be furnished by the states hereinafter mentioned, in the following proportions: Connecticut,

165 New York,

165 New Jersey,

110 Pennsylvania,

260

-700 That the following commissioned officers be furnished by the licers to be dienish- said states, for the said troops, in the following proportions: the states

One lieutenant-colonel from Pennsylvania.

Two majors, one from Connecticut, and one from New York, each to command a company.

Eight captains, ten lieutenants, one to act as adjutant, one as quartermaster, and one as paymaster. Ten ensigns, one surgeon and four mates, to be furnished by the said states in proportion

to the number of privates which they respectively furnish. Pay of officers, That the pay of the lieutenant-colonel be fifty dollars per officers & soldiers, month; that of the major, forty-five; captain, thirty-five; lieu

tenant, twenty-six; ensign, twenty; sergeant, six; corporal, five; drum, five; fife, five; private, four; surgeon, forty-five; mate, thirty.

That the lieutenants acting as adjutant, quartermaster and paymaster, shall receive, in consideration of the said extra duty, each ten dollars per month.

That each officer and soldier shall receive one month's pay after they are embodied, before their march.*

non-commissioned

* The provisions of this resolution in regard to pay, were adopted by a resolution of the 3d of October, 1787, and again by an act of Congress of 29th September, 1789—see chapter 9 and chapter 11, section 2.-Repealed and supplied by act of 30th April, 1790-see chap. 12. ·

That the secretary of war be directed to form the said troops Troops to be orwhen raised into one regiment, consisting of eight companies of regiment, consistinfantry, and two of artillery, to appoint their places of rendez-ie of eight comvous, direct their subsequent operations, and make all other infe- and two of

lery. rior necessary arrangements not herein particularly mentioned, subject to the order of Congress, and of the committee of the states in the recess of Congress; and that the commissioners of the treasury be instructed to furnish on his warrant, the sums necessary for carrying the same into effect.

That the said troops when embodied, on their march, on duty, When embodied, or in garrison, shall be subject to all the rules and regulations the rules and are formed for the government of the late army, or such other rules ticles of war. as Congress or a committee of the states may form.

That the secretary at war ascertain the necessary clothing Clothing. and rations proper for the troops, and report the same to Congress.

That the commissioners of the treasury contract for the sup- Rations. ply of rations at such places and in such quantities as the secretary at war shall judge necessary.

CHAPTER 8.

In Congress-May 31, 1786.

WHEREAS crimes may be committed by officers and soldiers, serving with small detachments of the forces of the United States, and where there may not be a sufficient number of officers to hold a general court-martial, according to the rules and articles of war, in consequence of which criminals may escape punishment, to the great injury of the discipline of the troops and the public service.

Resolved, That the 14th section of the rules and articles for the better government of the troops of the United States, and such other articles as relate to the holding of courts-martial, and the confirmation of the sentences thereof, be, and they are hereby repealed.

Resolved, That the following rules and articles for the administration of justice, and the holding of courts-martial, and the confirmation of the sentences thereof, be duly observed, and exactly obeyed by all officers and soldiers, who are, or shall be in the armies of the United States.

ADMINISTRATION OF JUSTICE.

Art. 1. General courts-martial may consist of any number General courts of commissioned officers from five to thirteen inclusively; but sist of any numthey shall not consist of less than thirteen, where that num- sioned officers ber can be convened without manifest injury to the service. from fire to thir

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ART. 2. General courts-martial shall be ordered, as often dered as often as as the cases may require, by the general or officer command

ing the troops. But no sentence of a court-martial shall be s quire, by the gene

carried into execution until after the whole proceedings shall manding the troops. Sentences not to be have been laid before the said general or officer commanding the proceedings

for the time being; neither shall any sentence of a

general court-martial in time of peace, extending to the loss then, in time of of life, the dismission of a commissioned officer, or which tend to loss of life

, shall either in time of peace or war respect a general officer, cominissioned offi- be carried into execution, until after the whole proceedings cers; uor in time of shall have been transmitted to the secretary at war, to be laid they respect general before Congress for their confirmation, or disapproval, and before Congress for their orders on the case. All other sentences may be confirm

ed and executed by the officer ordering the court to assemble, or the commanding officer for the time being, as the case may be.

ART. 3. Every officer commanding a regiment or corps, may regiments r sorpo appoint of his own regiment or corps, courts-martial, to consist may appoint regi- of three commissioned officers, for the trial of offences, not capmartial and decide ital, and the inflicting corporeal punishment, and decide upon

their sentences. For the same purpose, all officers, commanding any of the garrisons, forts, barracks, or other place where the troops consist of different corps, may assemble courts-martial, to consist of three commissioned officers, and decide upon their sentences.

ART. 4. No garrison or regimental court-martial shall have the garrison courts. martial not to try power to try capital cases, or commissioned officers; neither capital casesa not shall they inflict a fine exceeding one month's pay, nor imprison, ficers ; nor inflict nor put to hard labor, any non-commissioned officer or soldier, month's pay, nor for a longer time than one month. imprison or put

ART. 5. The members of all courts-martial shall, when be

longing to different corps, take the same rank in court which Members of all they hold in the army. But when courts-martial shall be comtake rank accord- posed of officers of one corps, they shall take rank according ing to the compo- to the commissions by which they are mustered in the said

corps. Judge-advocate ART. 6. The judge-advocate, or some person deputed by him, shall prosecute in

or by the general or officer commanding the army, detachment after the plea of

or garrison, shall prosecute in the name of the United States of the prisoner, shall America; but shall so far consider himself as counsel for the selif-crimination" prisoner, after the said prisoner shall have made his plea, as to to himself or lead- object to any leading question to any of the witnesses, or any ing questions to question to the prisoner, the answer to which might tend to crim

inate himself; and administer to each member the following oaths, which shall also be taken by all members of regimental and garrison courts-martial.

“You shall well and truly try and determine, according to evidence, the matter now before you, between the United States of America, and the prisoner to be tried. So help you God."

Regimental or

to hard labor for more than one month.

courts.

the name of the United States, but

Oaths of members.

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vocate,

“You, A. B., do swear, that you will duly administer justice, according to the rules and articles for the better government of the forces of the United States of America, without partiality, favor or affection; and if any doubt shall arise, which is not explained by said articles, according to your conscience, the best of your understanding, and the custom of war, in the like cases. And you do further swear, that you will not divulge the sentence of the court, until it shall be published by the commanding offi

Neither will you, upon any account, at any time whatsoever, 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. So help you God.

As soon as the said oaths shall have been administered 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 upon any account, Oath of judge-adat any time whatsoever, 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. So help you God.”

Art. 7. All the members of a court-martial are to behave Members to bewith decency and calmness; and in giving their votes, are to have with decency; begin with the youngest in commission.

with the youngest ART. 8. All persons who give evidence before a court-martial, are to be examined on oath, or affirmation, as the case may examined on oath be, and no sentence of death shall be given against any offender by any general court-martial, unless two-thirds of the members rence of two-thirds of the court shall concur therein.

ART. 9. Whenever an oath or affirmation shall be adminis- Oath of witness. tered by a court-martial, the oath or affirmation shall be in the following form:

You swear (or affirm, as the case may be) the evidence you shall give in the case now in hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God.”

Art. 10. On the trials of cases not capital, before courts- On trials not capimartial, the depositions of witnesses, not in the line or staff of tal, depositions or the

army, may be taken before some justice of the peace, and an my may be taken read in evidence, provided the prosecutor and person accused dence. are present at the taking the same.

ART. 11. No officer shall be tried but by a general court-mar- Officers not to be tial, nor by officers of an inferior rank if it can be avoided. Nor tried but by general shall any proceedings or trials be carried on, excepting between by inferior grades if the hours of eight in the morning and three in the afternoon, ex-hours of proceeding. cept in cases which, in the opinion of the officer appointing the court require immediate example.

ART. 12. No person whatsoever shall use menacing words, Conduct in presence signs or gestures in the presence of a court-martial, or shall of court-martial. cause any disorder or riot to disturb their proceedings, on the penalty of being punished at the discretion of the said courtmartial.

in commission. Witnesses shall be

sentence of death requires concur

Dismissal of offi

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Refusal to receive

Art. 13. No commissioned officer shall be cashiered, or disCips, and discharge missed from the service, excepting by order of Congress, or by the dersficers and sol- sentence of a general court-martial; and no non-commissioned

officer or soldier shall be discharged the service, but by the order of Congress, the secretary at war, the commander-inchief, or commanding officer of a department, or by the sentence of a general court-martial.

ART. 14. Whenever any oficer shall be charged with a breach of arrest. crime, he shall be arrested and confined to his barracks, quar

ters or tent, and deprived of his sword by his commanding offi

And any officer, who shall leave his confinement before he shall be set at liberty by his commanding officer, or by a supe

rior power, shall be cashiered for it. Imprisonment of ART. 15. Non-commissioned officers and soldiers, who shall

be charged with crimes, shall be imprisoned, until they shall be tried by a court-martial, or released by proper authority.

ART. 16. No officer or soldier, who shall be put in arrest or rest cand confine- imprisonment, shall continue in his confinement more than

eight days, or until such time as a court-martial can be assembled.

Art. 17. No officer commanding a guard, or provost-marprisoners.

shall, shall refuse to receive or keep any prisoner committed to his charge by any officer belonging to the forces of the United States, provided the officer committing shall, at the same time, deliver an account in writing signed by himself, of the crime with which the said prisoner is charged.

Art. 18. No officer commanding a guard, or provost-marshal, shall presume to release any person committed to his charge, without proper authority for so doing; nor shall he suffer any person to escape on penalty of being punished for it by the sentence of a court-martial.

Art. 19. Every officer, or provost-marshal, to whose charge prisoners shall be committed, shall, within twenty-four hours after such commitment, or as soon as he shall be relieved from his guard, make report in writing, to the commander-in-chief, or commanding officer, of their names, their crimes, and the names of the officers who committed them, on the penalty of his being punished for disobedience or neglect at the discretion of a court-martial.

ART. 20. Whatever commissioned officer shall be convicted before a general court-martial, of behaving in a scandalous and infamous manner, such as is unbecoming an officer and a gen

tleman, shall be dismissed the service. Suspension. ART. 21. In cases where a court-martial may think it pro

per to sentence a commissioned officer to be suspended from command, they shall have power also to suspend his pay and emoluments for the same time, according to the nature and heinousness of the offence.

ART. 22. In all cases where a commissioned officer is cashier

ed for cowardice or fraud, it shall, be added in the sentence, published in news that the crime, name, place of abode, and punishment of the

Release and escape of prisoners.

Prisoners to be reported daily,

Seandalous behaviour.

Officers cashiered for cowardice sentence, to be

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