commander-in don or mitigate ishments autho ed by the rules CHAPTER IV. In Congress-May 27, 1777. The General or Resolved, That the general, or commander-in-chief, chief may par- for the time being, shall have full power of pardoning any of the pun- or mitigating any of the punishments ordered to be inrised to be inflict- flicted for any of the offences mentioned in the rules and and articles of articles, for the better government of the troops raised, or to be raised and kept in pay by, and at the expense of, the United States of America; the fourth article resolved in Congress the 14th day of April last, notwithstanding. war. Flag of the United States. CHAPTER V. In Congress-June 14, 1777. Resolved, That the flag of the thirteen United States, be thirteen stripes, alternate red and white: that the union be thirteen stars. white in a blue field, representing a new constellation.* General officers commanding se ments may act tences without CHAPTER VI. In Congress-June 18, 1777. Resolved, That a general officer commanding a sepa parate depart rate department, be empowered to grant pardons to, or upon capital sen-order execution of, persons condemned to suffer death reference to Con- by general courts-martial, without being obliged to report the matter to Congress or the commander-inchief. gress'or commander-in-chief. 700 troops to be raised. CHAPTER VII. In Congress-April 12, 1785. 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: *Altered by act of 13th January, 1794-see chapter 17. -700 officers to be That the following commissioned officers be furnished Commissioned by the said states, for the said troops, in the following furnished by the proportions: 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 quarter-master, 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. states named. non commission soldiers. That the pay of the lieutenant-colonel be fifty dol- Pay of officers, lars per month; that of the major, forty five; captain, ed officers, and thirty five; lieutenant, 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, quarter-master and pay-master, 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.* regiment, con companies, of of artillery That the secretary of war be directed to form the Troops to be orsaid troops when raised into one regiment, consisting gnized into one of eight companies of infantry, and two of artillery, to sisting of eight appoint their places of rendezvous, direct their subse- infantry and two quent operations, and make all other inferior 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. to the ries and That the said troops when embodied, on their march, when embodied, on duty, or in garrison, shall be subject to all the rules shall be subject and regulations formed for the government of the late articles of war. army, or such other rules as Congress or a committee of the states may form. That the secretary at war ascertain the necessary *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 suppiled by act of 30th April, 1790-see chap. 12. Clothing. Rations. clothing and rations proper for the troops, and report the same to Congress. That the commissioners of the treasury contract for the supply of rations at such places and in such quantities as the secretary at war shail judge necessary. General courts sist of any num CHAPTER VIII. 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 courtsmartial, 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 martial may con number of commissioned officers from five to thirteen inber of commis- clusively; but they shall not consist of less than thirteen, sioned officers where that number can be convened without manifest injury to the service. from five to thir teen. martial shall be General courts- ART 2. General courts-martial shall be ordered, as ordered as often often as the cases may require, by the general or officer as the cases may commanding the troops. But no sentence of a court require, by the tences not to be general, or offi- martial shall be carried into execution until after the cer commanding the troops. Sen- whole proceedings shall have been laid before the said executed until general or officer commanding the troops for the time ceedings shall being; neither shall any sentence of a general courthave been laid martial in time of peace, extending to the loss of life, then, in time of the dismission of a commissioned officer, or which shall after the pro before him; nor either in time of peace or war respect a general officer, be carried into execution, until after the whole proceed ings shall have been transmitted to the secretary at war, to be laid before Congress for their confirmation, or disapproval. and their orders on the case. All other sentences may be confirmed and executed by the office ordering the court to assemble, or the commanding officer for the time being, as the case may be. to less of life, or dismissioned officers, peace. if they sion of commis nor in time of peace or war, general officers, they respect until laid before their orders. Congress for manding regi. may appoint re martial and de ART. 3. Every officer commanding a regiment or Officers comcorps, may appoint of his own regiment or corps, ments or corps courts-martial, to consist of three commissioned officers, gimental courts for the trial of offences, not capital, and the inflicting cide upon their corporeal punishments, and decide upon their sentences, 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 courtsmartial, to consist of three commissioned officers, and decide upon their sentences. garrison court‹ try capital cases, ART. 4. No garrison or regimental court-martial Regimental or shall have the power to try capital cases, or commis- martial not to sioned officers; neither shall they inflict a fine exceeding nor commissionone month's pay, nor imprison, nor put to hard labor, or it a fine any non-commissioned officer or soldier, for a longer exceeding a time than one month ed officers; month's pay, nor imprison or put to hard labour Members of all ART. 5. The members of all courts-martial shall for more than when belonging to different corps, take the same rank in one month. court which they hold in the army. But when courts- courts martial, martial shall be composed of officers of one corps, they take rank ac shall take rank according to the commissions by which composition of they are mustered in the said corps. cording to the the courts. shali prosecure in after the plea of shali shield him from self crimiquestion to himot nation by any self or leading nesses. ART. 6. The judge-advocate, or some person deputed Judge advocate by him, or by the general or officer commanding the the name of the army, detachment or garrison, shall prosecute in the United States but naine of the United States of America; but shall so far the prisoner, consider himself as counsel for the prisoner, after the said prisoner shall have made his plea, as to object 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 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, ac- Oaths of memcording to evidence, the matter now before you, between the United States of America, and the prisoner to be tried. So help you God." “ You A. B. do swear, that you will duly administer justice, according to the rules and articles for the better bers. Oath of judge advocate. Members to be have with decen begin with the youngest in commission. Witnesses shall 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 officer. Neither will you, upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the courtmartial, unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you God.” And 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, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the courtmartial, 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 cy and in voting behave with decency and calmness; and in giving their votes, are to begin with the youngest in commission. ART. 8. All persons who give evidence before a be examined on Court-martial, are to be examined on oath, or affirmaof death requires tion as the case may be, and no sentence of death shall concurrence of be given against any offender by any general courtmartial, unless two thirds of the members of the court shall concur therein. oath-sentence two-thirds of the members. Oath of witnesses On trials not tions of witnesses ART. 9. Whenever an oath or affirmation shall be administered 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 capital, deposi- courts-martial, the depositions of witnesses, not in the not of the army line or staff of the army, may be taken before some jusand read in evi- tice of the peace, and read in evidence, provided the prosecutor and person accused are present at the taking the same. may be taken dence. Officers not to be ART. 11. No officer shall be tried but by a general neral courts-mar. Court-martial, nor by officers of an inferior rank if it tried but by ge |