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martial, empow. any punishment ordered by such court, except the senered to pardon fence of death, or of cashiering an officer; which, in the punishment, &c. cases where he has authority (by article 65) to carry

or mitigate any

Except, &c.

The colonel, &c.

them into execution, he may suspend, until the pleasure of the president of the United States can be known; which suspension, together with copies of the proceedings of the court-martial, the said officer shall immediateof a regiment or y transmit to the president, for his determination. And the colonel or commanding officer of the regiment or garrison, where any regimental or garrison court-martial shall be held, may pardon or mitigate any punishment ordered by such court to be inflicted.

garrison, &c.

may pardon or mitigate, &c.

Judge advocates,

as expeditiously

gival proceedings

Inorial to the

ART. 90. Every judge advocate, or person officiating &c. to transmit, as such, at any general court-martial, shall transmit, aspossible the ori with as much expedition as the opportunity of time and and sentences of distance of place can admit, the original proceedings general courts and sentence of such court-martial to the secretary of in whose office war, which said original proceedings and sentence shall they shall be pre- be carefully kept and preserved in the office of said secretary, to the end that the persons entitled thereto may be enabled, upon application to the said office, to obtain copies thereof.

Secretary of war,

served.

The party tried

by a general

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

titled to a copy, of the sentence,

&c.

a court of in

court to consist

three, and a

&c,

Where the gener ART. 91. In cases where the general, or commanding al, &c. may order officer, may order a court of inquiry, to examine into quiry, &c. the the nature of any transaction, accusation, or imputation, of not exceeding against any officer or soldier, the said court shall conjudge advocate, sist of one or more officers, not exceeding three, and a &c. to be sworn, judge 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 Courts of in- duty. This court shall have the same power to summon quiry to have witnesses as a court-martial, and to examine them on as courts martial ath; but they shall not give their opinion on the menesses. &c.but are rits of the case, excepting they shall be thereto specially opinion unless required. The parties accused shall also be permitted specially require to cross examine and interrogate the witnesses, so as to investigate fully the circumstances in the question.

the same power

to summons wit

not to give an

ed, &c.

thenticated by

ART. 92. The proceedings of a court of inquiry must Proceedings of courts of in- be authenticated by the signature of the recorder and quiry to be au- the president, and delivered to the commanding officer: the signatures of and the said proceedings may be admitted as evidence president, &c. by a court-martial, in cases not capital, or extending to mitted as evi- the dismission of an officer: Provided, That the cir

the recorder and

and may be ad

martial in cases

Courts of inquiry

cumstances are such that oral testimony cannot be ob-dence by courts tained. But as courts of inquiry may be perverted to not capital, &c. dishonorable purposes, and may be considered as en- provided, &c. gines of destruction to military merit, in the hands of prohibited, unweak and envious commandants, they are hereby pro- the president, hibited, unless directed by the president of the United &c. States, or demanded by the accused.

less directed by

ART. 93. The judge advocate, or recorder, shall ad- The judge advominister to the members the following oath:

"You shall well and truly examine and inquire, according to your evidence, into the matter now before you, without partiality, favor, affection, prejudice, or hope of reward: So help you God."

cate, &e to administer an oath to the members.

Form of the oath

The president of

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

minister an oath to the judge ad

vocate.

Form of judge

"You, A B, do swear that you will, according to your' best abilities, accurately and impartially record the pro- advocate's oath. ceedings 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 Witnesses to take sworn before a court-martial.

the oath, &c.

When a commissionedofficer dies,

secure all his ef

inventory, and

ART. 94. When any commissioned officer shall die, or be killed, in the service of the United States, the &c. the major of the regiment,&e. major of the regiment, or, the officer doing the major's is immediately to duty in his absence, or, in any post or garrison, the se- fects, &c. make cond officer in command, or the assistant military agent, ansmit it to the shall immediately secure all his effects or equipage, then war department, 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.

&c.

When a non com

&c. the com

of the troop, &c.

count of what

and transmit it

ment of war, &c.

be accounted for

ART. 95. When any non-commissioned officer or missioned officer soldier shall die, or be killed, in the service of the or soldier dies, United States, the then commanding officer of the troop, manding officer or company, shall, in the presence of two other commis- is to take an acsioned officers, take an account of what effects he died effects he died possessed of, above his arms and accoutrements, and possessed of, &c. transmit the same to the office of the department of war; to the departwhich said effects are to be accounted for, and paid, to and the effects to the representatives of such deceased non-commissioned &c. officer or soldier. And in case any of the officers, so au-In case officers authorized to take care of the effects of deceased officers thorized to take and soldiers, should, before they have accounted to their of deceased offirepresentatives for the same, have occasion to leave the cers and soldiers, regiment, or post, by preferment, or otherwise, they leave the regishall, before they be permitted to quit the same, depo- are to deposite site, in the hands of the commanding officer, or of the hands of the assistant military agent, all the effects of h deceased

care of the effects

have occasion to

ment, &c. they

the effects in the

cer, &c.

commanding offi. non-commissioned officers and soldiers, in order that the same may be secured for, and paid to, their respective representatives.

the corps of en

be governed by the preceding rules, &c.

ART. 96. All officers, conductors, gunners, matrosses, Officers, &c. in drivers, or other persons whatsoever, receiving pay, or gineers, &c. to hire, in the service of the artillery, or corps of engineers, of the United 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.

Officers and sol

diers of any

others, being

mustered, &c.

regular forces to

these rules and

courts are to be

ART. 97. The officers and soldiers of any troops, troops, militia or whether militia or others, being mustered and in pay of the United States, shall, at all times, and in all places, when acting with when joined, or acting in conjunction, with the regular be governed by forces of the United States, be governed by these rules articles, subject and articles of war, and shall be subject to be tried by to be tried by courts-martial, in like manner with the officers and solcourts martial, &c. save that the diers in the regular forces, save only that such courtscomposed of mi- martial shall be composed entirely of militia officers. ART. 98. All officers serving by commission from the by commission authority of any particular state, shall, on all detachrity of any par- ments, courts-martial, or other duty, wherein they may when employed be employed in conjunction with the regular forces of in conjunction the United States, take rank next after all officers of the with the regular forces, to take like grade in said regular forces, notwithstanding the all officers of commissions of such militia or state officers may be regular forces, elder than the commissions of the officers of the regular forces of the United States.

litia officers.

Officers serving

from the autho

ticular state,

rank next after

like grade in the

&c.

All crimes not

disorders, and ne

not mentioned in

ticles, to be taken

&c.

ART. 99. All crimes not capital, and all disorders capital, and all and neglects which officers and soldiers may be guilty gleets, &c.though of, to the prejudice of good order and military discipthe preceding ar- line, though not mentioned in the foregoing articles of cognizance of by War, are to be taken cognizance of by a general or recourts martial, gimental court-martial, according to the nature and degree of the offence, and be punished at their discretion. The president ART. 100. The president of the United States shall prescribe the uni- have power to prescribe the uniform of the army. form of the army ART. 101. The foregoing articles are to be read and articles to be published once in every six months, to every garrison, redand publish regiment, troop, or company, mustered, or to be mussix months, to tered, in the service of the United States, and are to be regiment, &c. duly observed and obeyed by all officers and soldiers who are, or shall be, in said service.

empowered to

The foregoing

ed, once in every

every garrison or

In time of war aliens found

SEC. 2. And be it further enacted, That, in time of War, all persons not citizens of, or owing allegiance to, fortifications or the United States of America, who shall be found lurk

lurking about

of the armies, to

ing, as spies, in or about the fortifications or encamp the encampmenta ments of the armies of the United States, or any of suffer death, &c them, shall suffer death, according to the law and usage of nations, by sentence of a general court-martial.

regulations by

have been hereto.

void, &c. except,

SEC. 3. And be it further enacted, That the rules and The rules and regulations by which the armies of the United States which the armies have heretofore been governed, and the resolves of con- fore governed, gress thereunto annexed, and respecting the same, shall to be henceforth henceforth be void and of no effect, except so far as may &c. relate to any transactions under them prior to the promulgation of this act, at the several posts and garrisons, respectively, occupied by any part of the army of the United States. [Approved, April 10, 1806.

CHAPTER LI.

An act authorizing the employment of the land and naval forces of the
United States, in cases of insurrection.

surrection, or ob

laws &c. where it

president to call

rized to employ

SEC. 1. Be it enacted by the Senate and House of Re- In all cases of inpresentatives of the United States of America in Congress struction of the assembled, That, in all cases of insurrection, or ob- is lawful for the struction to the laws, either of the United States, or of forth the militia, any individual state or territory, where it is lawful for &c. he is authothe president of the United States to call forth the mili- the land or naval tia for the purpose of suppressing such insurrection, or pressing or en of causing the laws to be duly executed, it shall be law-forcing, &c. ful for him to employ, for the same purposes, such part of the land or naval force of the United States as shall be judged necessary, having first observed all the prerequisites of the law in that respect.

[Approved, March 3, 1807.]

force, for sup

CHAPTER LII.

An act supplementary to an act, entitled "An act for fortifying the ports and harbors of the United States, and for building gun boats."*

authorized to

SEC. 1. Be it enacted by the Senate and House of Re- The president presentatives of the United States of America in Congress cause fortifica assembled, That the president of the United States is tions heretofore

*The act to which this is supplementary, relates chiefly to the building and equipping of gun boats, and is, therefore, not comprised in this volume.

built or commenced, &c. to be repaired or completed and

other works to be erected, &c.

hereby authorized to cause such of the fortifications 'heretofore built or commenced, as he may deem necessary, to be repaired or completed, and such other fortifications and works to be erected as will afford more effectual protection to our ports and harbors, and preserve therein the respect due to the constituted authorities of the nation; and that the sum of one million of dol$1,000,000 addi- lars, in addition to the sums heretofore appropriated, be, and the same is hereby, appropriated for that purpose, &e. pose, out of any money in the treasury, not otherwise appropriated. [Approved, January 8, 1808.]

tional appropria

ted for the pur.

authorized to

cause arms own

ed by the US to

be sold to indivi

dual states, &c.

to be laid before

money appropri

arms, &c.

CHAPTER LIII.

An act authorizing the sale of public arms.

SEC. 1. Be it enacted by the Senate and House of ReThe president presentatives of the United States of America in Congress assembled, That the president of the United States be, and he is hereby, authorized to cause to be sold to individual states who may wish to purchase, any arms now owned by the United States, and which may be parted Accounts of sales with without injury to the public: Accounts of such congress, and the sales shall be laid before congress, and the money ated to the pur- arising therefrom be, and the same is hereby, approchase of other priated, under the direction of the president of the United States, to the purchase or manufacture of other Proviso; the arms arms for the use of the United States: Provided, That not to be deliver such arms be not delivered to any state or their agents, until the pay until the payment of the purchase money be first made chase money, &c. into the treasury of the United States, in money, or in the stock of the United States, at its value, as established by an act, entitled, “An act to repeal so much of any act or acts as authorize the receipt of evidences of the public debt in payment for the lands of the United States, and for other purposes relative to the public debt:" Provided also, That this provision shall not exeeding proviso tend to any purchase, not exceeding five thousand stand any purchase, of arms, which shall be made by a state to which the state to which the United States, by existing engagements, are bound to

ed to any state

ment of the pur

Proviso; the pre

not to extend to

&c. made by a

U. S. are bound

to pay a sum of pay a sum of money, equal to the amount of such pur[Approved, April 2, 1808.]

money, &c.

chase.

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