No person shall use me

Art. 76. No person whatsoever shall use any nacing words menacing words, signs, or gestures, in presence of a court martial, or shall cause any disorder or riot, gourt martial, or disturb their proceedings, on the penalty of being punished at the discretion of the said court

or gestures, or disturb a

Arrests of of

ficers.

Arrest or confinement of

or soldiers.

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, non commis- charged with crimes, shall be confined, until tried sioned officers by a court martial, or released by proper authority. Persons in ar- Art. 79. No officer or soldier who shall be put in kept in con- arrest, shall continue in confinement more than eight days, or until such time as a court martial can be assembled.

rest, not to be

finement

more than eight days.

Officer of a

guard or pro

keep prison

ers.

Art. 80. No officer commanding a guard, or provost marshal vost martial, shall refuse to receive or keep any to receive and prisoner committed to his charge, by an officer be longing 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. 81. No officer commanding a guard, or provost martial, shall presume to release any person per authority. committed to his charge, without proper authority for so doing, nor shall he suffer any person to es-~ cape, on the penalty of being punished for it by the sentence of a court martial.

Prisoners not

to be released

without pro

Names of pri

soners to be reported to

ing officer.

Art. 82. Every officer or provost martial, to whose charge prisoners shall be committed, shall, the command within twenty-four hours after such commitment, or as soon as he shall be relieved from his guard, make report in writing, to the commanding officer, of their names, their crimes and the names of the officers who committed them, on the penalty of being punished for disobedience or neglect, at the discretion of a court martial.

officer and a

Art. 83. Any commissioned, officer convicted Conduct unbefore a general court martial of conduct unbecom- becoming an ing an officer and a gentleman, shall be dismissed gentleman. the service.

Art. 84. In cases where a court martial may suspensionthink it proper 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.

and crime of

ardice or

frauds, to be

published in the newspa

Art. 85. In all cases where a commissioned offi- The name cer is cashiered for cowardice or fraud, it shall be officers cashadded in the sentence, that the crime, name and iered for cowplace of abode and punishment of the delinquent, be published in the newspapers in and about the camp, and of the particular state from which the pers. offender came, or where he usually resides, after which, it shall be deemed scandalous for an officer to associate with him.

sufficient

ficers to form

Art. 86. The commanding officer of any post or Cases where detachment, in which there shall not be a number there is not a of officers adequate to form a general court martial, number of of shall, in cases which require the cognizance of a general such a court, report to the commanding officer of court martial. the department, who shall order a court to be assembled at the nearest post or detachment, and the party accused, with necessary witnesses, to be transported to the place where the said court shall be assembled.

the concur

thirds of the

Art. 87. No person shall be sentenced to suffer sentences of death, but by the concurrence of two thirds of the death to have members of a general court martial, nor except in rence of two the cases herein expressly mentioned; nor shall more members. than fifty lashes be inflicted on any offender, at the discretion of a court martial ;* and no officer, non- No person commissioned officer, soldier, or follower of the ar- time for same my, shall be tried a second time for the Art. 88. No person shall be liable to be tried and punished by a general court martial for offence which shall appear to have been committed offence com

same

offence.

any

Punishment by stripes or lashes abolished. See section 7,

set of May 16, 1812.

tried a second

offence.

No person to be tried for

mitted more than two years.

Officers authorised to

order a court

pardon, mitigate, or suspend, its sen

tences.

more than two years before the issuing of the order for such trial, unless the person, by reason of having absented himself, or some other manifest impediment, shall not have been amenable to justice within that period.

Art. 89. Every officer authorised to order a general court martial, shall have power to pardon or mimartial may tigate any punishment ordered by such court, except the sentence of death, or of cashiering an officer; which, in the cases where he has authority (by article 65) to carry 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 oflicer shall immediately 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.

Judge advocates of gen

eral courts

Art. 90. Every judge advocate, or person officiating as such at any general court martial, shall marial, to transmit, with as much expedition as the opportuceedings and nity of time and distance of place can admit, the the Secretary original proceedings and sentence of such court

transmit pro

sentences to

of war.

Party tried, entitled to a

proceedings.

martial, to the secretary of war, which said original proceedings and sentence shall 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."

The party tried by any general court martial copy of the shall, 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.

Courts of inquiry.

Art. 91. In cases where the general or commanding officer may order a court of enquiry to examine into the nature of any transaction, accusation or imputation, against any officer or soldier, the said court shall consist of one or more officers, not exceeding three, and a judge advocate, or other suita

ble person as á recorder, to reduce the proceedings and evidence to writing, all of whom shall be sworn to the faithful performance of their duty. This court shall have the same power to summon witnes ses as a court martial, and to examine them on oath. But they shall not give their opinion on the merits of the case, excepting they shall be thereto specially required. The parties accused shall also be permitted to cross-examine and interrogate the witnesses, so as to investigate fully the circumstances in the question.

quiry.

Art. 92. The proceedings of a court of inquiry, Courts of inmust be authenticated by the signature of the recorder and the president, and delivered to the commanding officer, and the said proceedings may be admitted as evidence by a court martial, in cases not capital, or extending to the dismission of an officer, provided that the circumstances are such, that oral testimony cannot be obtained. But as Prohibited, courts of enquiry may be perverted to dishonorable unless directpurposes, and may be considered as engines of de- President, or struction to military merit, in the hands of weak the accused. and envious commandants, they are hereby prohibited, unless directed by the President of the United States, or demanded by the accused.

Art. 93. The judge advocate, or recorder, shall administer to the members the following oath :

ed by the

demanded by

of inquiry.

"You shall well and truly examine and enquire Oath of memaccording to your evidence, into the matter now be-bers of court fore you, without partiality, favor, affection, prejudice, or hope of reward. So help you God."

After which the president shall administer to the

judge advocate, or recorder, the following oath :

"You A. B., do swear, that you will, according Oath of the to your best abilities, accurately and impartially recorder. record the proceedings 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 wit- Oath of wit nesses sworn before a court martial.

nesses.

Art. 94. When any commissioned officer shall an inventory die or be killed in the service of the United States, of any officer

K 2

of the effects

who shall die,

transmitted to

fice.

to be made & the major of the regiment, or the officer doing the the War of major's duty in his absence, or in any post or gar rison, the second officer in command, or the assistant military agent, shall immediately secure all his effects or equipage, then 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.

An inventory

of any non

officer or sol

and transmit

ted to the War Office.

Art. 95. When any non-commissioned officer or of the effects soldier shall die or be killed in the service of the commissioned United States, the then commanding officer of the dier who shall troop or company, shall, in the presence of two die to be made other commissioned officers, take an account of. what effects he died possessed of, above his arms and accoutrements, and transmit the same to the office of the Department of War; which said effects are to be accounted for, and paid to the representatives of such deceased non-commissioned officer or soldier. And in case any of the officers, so authorised to take care of the effects of deceased officers and soldiers, should, before they have accounted to their representatives for the same, have occasion to leave the regiment or post, by preferment, or otherwise, they shall, before they be permitted to quit the same, deposite in the hands of the commanding officer, or of the assistant military agent, all the effects of such deceased non-commissioned officers and soldiers, in order that the same may be secured for, and paid to, their respective representatives.

AH persons whatever in

neers, subject

Art. 96. All officers, conductors, gunners, mathe artil- trosses, drivers, or other persons whatsoever, receive lery or engi- ing pay or hire, in the service of the artillery or to these rules corps of engineers of the United States, shall be and articles. 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. Art. 97. The officers and soldiers of any troops, of the United Whether militia or others, being mustered and in pay States, sub- of the United States, shall, at all times, and in all

Militia, and others, in pay

ject to these

rules and a7