When the adjutant-general is complainant for neglect or default in Evidence of demaking returns, he shall not be required to be present, and his certifi- fault in returns. cate shall be sufficient prima facie evidence that the return was or was not made, and that a copy of a return is true. ments, &c., how Judge-advocates shall be the certifying officers, to authenticate copies Copies of docuof papers and documents used before courts martial, courts of inquiry, authenticated. or boards of officers, except papers or documents from the adjutantgeneral's office, which shall be certified by him; but copies may be proved as in other courts. be in writing. The statement of the complainant and the defence of the accused, All proceedings and motions, arguments, and objections to the proceedings by either and evidence to party, and the answers thereto, shall be submitted to the court in writing; the evidence and proceedings in and out of the court, and opinions of the judge-advocate on questions of law arising during the trial, shall be put in writing by him. After the prosecution and defence are concluded, he shall state and sum up the evidence, and give his opinion to the court upon matters of law; which opinion, with the judgment, he shall put in writing. taken-two When a question is to be decided, the judge-advocate shall receive Votes, how the vote of each member, beginning with the youngest and proceeding thirds required to the eldest. The president shall not vote; and unless two-thirds of to convict. the members agree that the accused is guilty, he shall be acquitted. If two-thirds of the members find him to be guilty, he shall be sentenced Sentence. to be reprimanded in orders, or to forfeit a sum not exceeding two hundred dollars, or to be dismissed from office, - either or all of them; and in the last case, he may be further adjudged to be disqualified from holding any military office during life or a term of years. authorized to preserve order. Courts martial may preserve order during their session; and whoever, Courts martial in such court, behaves in a disorderly or insulting manner, or makes a tumult or disturbance, may be arrested by order of the court, and confined not exceeding twenty-four hours, and fined not exceeding five dollars, either or both. If the fine is not paid, the judge-advocate shall issue a mittimus, forthwith to commit such person to prison in the same manner and with the same effect as upon executions from justices of the peace in cases of prosecutions for non-payment of other military fines and costs. and transmit The record of the trial and judgment, with the papers used therein, Records, how or copies thereof, certified by the judge-advocate, shall be authenticated authenticated by his certificate and signature, and sealed up and transmitted by him ted. to the officer who ordered the court, who shall annex thereto his Approval or disapproval of approval or disapproval of the same, and the reasons thereof in writing, sentence. and transmit the same as soon as may be to the office of the adjutantgeneral, to be kept and preserved. The judge-advocate shall also make, certify, and transmit the pay roll Pay roll. of the court martial to the same office. furnished. The officer ordering the court, and the party tried thereat, shall Copies to be receive, upon request, from the adjutant-general, a copy of the record; the party tried paying a reasonable sum for his copy. The judgment of disqualification may, after approval, be reversed in Judgment of whole or in part, by the commander-in-chief with the advice of the coun- disqualification cil; but all other parts of the sentence, when approved, shall remain in versed. full force. may be re R. S. 12, § 118. SECT. 161. Every commissioned officer may be tried by a court mar- What offences tial for the following offences: For unmilitary or unofficer-like conduct when on duty; For neglect of any duty required in this chapter; For disobedience of orders, or an act contrary to the provisions of this may be tried by court martial. R. S. 12, § 119. See § 172. What offences For a combination or attempt to break, resist, or evade, the laws, or may be tried by lawful orders given to a person, or advising any person so to do; For insult to a superior officer in the exercise of his office; court martial. Fines imposed how paid. R. S. 12, §§ 101, For presuming to exercise his command while under arrest, in which case, if guilty, he shall be removed from office; For neglect or refusal, when commanding officer, to order out the troops under his command, when required by law or ordered by his superior officer; For excusing, as commanding officer of a company, any person under his command, for deficiency or unnecessary absence, or after the expiration of the time allowed by law; For neglect or refusal to make a draft or detachment, when legally ordered to do so; For neglect or refusal to cause prosecutions to be commenced for fines, when it is necessary; For parading the troops under his command on days of election, contrary to the provisions of section one hundred and nine; For receiving any fee or gratuity, as surgeon or surgeon's mate, for a certificate of inability to do military duty; For neglect, when detailed to train and discipline a company, [or] to make complaint for neglect or violation of duty, as provided by law, or for any other neglect for which a commanding officer of the company would be liable; For neglect or refusal to march, to make a draft, or for disobedience to an order, in case of rebellion or insurrection, as provided in sections one hundred and twenty-nine to one hundred and thirty-two, inclusive, in which case the offender shall be cashiered; For refusal or neglect to obey a precept or order to call out the militia, or an order issued in obedience thereto, in case of tumult, riot, or other cause, as provided in sections one hundred and thirty-four to one hundred and thirty-six, inclusive, or for advising any officer [of] [or] soldier to do the like; in which cases, the offender shall be cashfered, besides being subject to fine and imprisonment, as provided in section one hundred and thirty-five. SECT. 162. Any fine not exceeding two hundred dollars may be inflicted on any officer, by sentence of a general or division court martial, as a part of, or the whole of, such sentence; and such fines shall be judge-advocate, prosecuted by the judge-advocate, or person appointed to act as such at the court martial, in an action of tort, to the use of the commonwealth; and if any judgment for costs is rendered against any judge-advocate in such case, the officer to whom the execution upon such judgment is delivered, shall demand payment of the execution of the treasurer of the county in which such judgment is rendered, and the said treasurer shall pay the same, and it shall be allowed to said county, in the settlement of said treasurer's account with the commonwealth. 110. 1852, 312. See $$ 170, 172. Boards of of ficers to settle R. S. 12, § 120. Courts of inqui ry, how or BOARDS OF OFFICERS. SECT. 163. The commander-in-chief, when in his opinion it is necessary, may call boards of officers for settling military questions, or for other purposes relative to good order and discipline. GENERAL AND DIVISION COURTS OF INQUIRY. SECT. 164. General and division courts of inquiry shall consist of three officers and the judge-advocate of the division in which they are R. S. 12, § 121. held; and they may be ordered and organized in the like manner as dered, &c. See § 172. courts martial, and, under the same regulations, may examine into the nature of a transaction, imputation, or accusation, made against any officer by an inferior. Vacancies shall be filled as in courts martial. The judge-advocate shall administer to each of the officers composing a court of inquiry, the following oath : Vacancies. You, A B, do swear that you will well and truly examine and inquire into the Oath of presimatter now before you, without fear, favor, partiality, prejudice, or hope of reward: dent and memSo help you, God. After which, the president shall administer to the judge-advocate the following oath : bers. You, A B, do swear that you will impartially record the proceedings of the court, Oath of judgeand the evidence to be given in the case now in hearing: So help you, God. advocate. Witnesses shall be summoned in the same manner, take the same Witnesses. oath, and be examined and cross-examined by the parties in the same way, as on trials before courts martial; but the court shall not give their opinions on the merits of the case, unless specially required so to do. Judge-advocates shall attend courts of inquiry in their division, in the Judge-advocate same manner as they attend courts martial; and special judge-advocates for the court shall be appointed, in the same manner in like cases. The proceedings therein shall be recorded, and, with the papers and documents used therein, authenticated and transmitted, by the judge-advocate, to the officer who ordered the court, in like manner as in courts martial. to attend courte of inquiry. SECT. 165. No officer appointing a court martial, court of inquiry, or No guard, unboard of officers, shall order a guard for the same, unless in his opinion less. it is necessary for their protection. RULES AND ARTICLES FOR GOVERNING THE MILITIA IN ACTUAL SERVICE. com R. S. 12, § 122. Who shall be taken to be soldiers. SECT. 166. The following rules and articles are established and declared to be in force, for governing the troops and militia of this monwealth in actual service, in field, camp, or garrison. Sutlers and R. S. 12, § 137. retainers to an army, drivers, conductors, and all persons receiving pay or hire for services in or with the troops or militia in actual service in the field, camp, or garrison, shall be taken to be soldiers, and governed by these rules and articles. SECT. 167. The offenders described in this section shall suffer death, offences punor such punishment as may be inflicted upon them by sentence of court martial, according to the nature of the offence: a ished by death or otherwise. Art. i. An officer or soldier who begins, excites, causes, or joins in Sedition any meeting or sedition in a company, regiment, party, post, detachment, guard, or body of soldiers, in the service of the commonwealth. Art. ii. An officer or soldier who, being present at or knowing of Not suppresssuch meeting or sedition, does not use his utmost endeavors to suppress nor giving ining sedition, the same, or knowing of such intended meeting or sedition, does not formation of it. give information thereof to his commanding officer. Art. iii. An officer or soldier who deserts. Desertion Art. iv. An officer or soldier who advises another officer or soldier Advising deserto desert. tion. Art. v. An officer or soldier who misbehaves himself before an Misbehaving enemy, runs away, or shamefully abandons a fort, post, or guard, or before an enespeaks or does any thing to induce others to do the like at such time. my, &c. Art. vi. An officer or soldier who abandons his post or colors, to Abandoning plunder. post, &c. watchword. Art. vii. An officer or soldier who makes known the watchword to Making known a person not entitled, according to the rules and discipline of war, to or falsifying receive it; or who gives a parol or watchword different from what he has received. Art. viii. An officer or soldier who forces a safeguard. Art. ix. An officer or soldier who knowingly harbors or protects an enemy, or relieves them with money, victuals, arms, or ammunition. Forcing safeguard. arboring or relieving an enemy. Corresponding Art. x. An officer or soldier who, directly or indirectly, holds corwith an enemy. respondence with, or gives intelligence to, the enemy. Embezzling or committing fraud. Selling or wast ing stores, &c. Not delivering offender to civil authority. R. S. 12, § 139. Offences punished at dis cretion of court martial. Preceding offences by soldiers. Disrespect to Art. xi. Any officers or soldiers who compel the commander of any garrison, post, fortress, or guard, to surrender or abandon it. Art. xii. No person shall be sentenced to death except by a general court martial, and in cases expressly mentioned in the foregoing articles. SECT. 168. The offenders described in this section shall be cashiered, in addition to any other punishment which may be lawfully inflicted:Art. xiii. An officer who uses traitorous or contemptuous words against the authority and government of the United States, or the authority, government, or legislature, of the commonwealth. Art. xiv. An officer who refuses or neglects to march to the place of rendezvous, to make a draft, or to obey a lawful order, in case of war, invasion, or insurrection, as provided in sections one hundred and twenty-nine to one hundred and thirty-two, inclusive. Art. xv. An officer who refuses or neglects to obey a precept or order to call out the militia, or an order issued in obedience to such order, contrary to the provisions of sections one hundred and thirty-four to one hundred and thirty-six, inclusive, or shall advise or persuade any other officer or soldier to do the like. Art. xvi. An officer who uses any reproach or provocation to another, in speech, gesture, or writing, to induce him to fight a duel. Art. xvii. An officer who gives or sends a challenge to an officer or soldier to fight a duel, or accepts such challenge when sent to himself, or who is second in a duel, or promoter or carrier of a challenge. Art. xviii. An officer who upbraids another for not sending, or for refusing a challenge. Art. xix. An officer commanding a guard, who knowingly and willingly suffers a person to pass the same in order to fight a duel, or an officer knowing or believing, or having reason to believe, a challenge to be given or accepted, carried, or promoted, by an officer or soldier under his command, who does not immediately arrest and bring him for trial. Art. xx. An officer found drunk on his guard or other duty. Art. xxi. An officer under arrest, who leaves his confinement before he is set at liberty by his commanding or other superior officer, or the officer who confined him. Art. xxii. An officer convicted of behaving in a scandalous or infa mous manner. Art. xxiii. An officer, store-keeper, or commissary, embezzling or committing a fraud concerning any property of the commonwealth, or of an officer or soldier, besides being criminally liable for the same. Art. xxiv. An officer selling, or designedly or through neglect wasting the ammunition, military stores, implements, or other property, of the commonwealth, in his care or possession. Art. xxv. An officer who refuses to deliver over any other officer or soldier to the civil authority, or who shelters or conceals any witnesses, contrary to the provisions of section one hundred and seventy-one. SECT. 169. The offenders described in this section shall suffer such punishment, according to the nature of the offence, as may be inflicted upon them by sentence of a court martial:— Art. xxvi. A non-commissioned officer or private guilty of the offences described in the last section, for which an officer would be cashiered. Art. xxvii. An officer or soldier who behaves with disrespect or concommanding of tempt towards the commander-in-chief, the commanding officer of the troops, or his own commanding officer. ficer. Disobedience. Violence to an officer. Art. xxviii. An officer or soldier who disobeys the lawful command of his superior officer. Art. xxix. An officer or soldier who strikes his superior officer, or draws or lifts up any weapon against him, or offers any violence against him in the execution of his office. ficer who at Art. xxx. An officer or soldier who refuses to obey, or resists, or Resisting an of draws or lifts a weapon against, or offers violence to, an inferior or supe- tempts to quell rior officer of any rank attempting to part or quell a quarrel in his own a quarrel. or any other company, regiment, or body of men, or who does not submit, when arrested by such officer, in such case, by the authority hereby given. order, redress Art. xxxi. An officer commanding in quarters, garrisons, or on a Not keeping march, who does not keep good order, and, to the utmost of his power, ing abuses, proredress all abuses and disorders committed by those under his command, tecting citizens. or who, upon complaint made to him of any beating, ill treatment, riot, or disquieting of any citizens or subjects of the United States, omits to use means to punish the offender or offenders, and cause reparation to be made to the party injured, so far as the offenders' pay will go. from camp, &c. Art. xxxii. Non-commissioned officers and privates found one mile Being one mile from the camp, fort, or post, without leave in writing from the commanding officer. Art. xxxiii. An officer or soldier who is out of his camp, post, or Being absent quarters, without leave from his superior officer. without leave. Art. xxxiv. A non-commissioned officer or private who does not Not retiring to retire to his quarters or tent, at the beating of the retreat. quarters. rendezvous, un Art. xxxv. An officer or soldier who does not repair at the time Not repairing to fixed, to the place of parade or exercise, or other rendezvous appointed rendezvo by the commanding officer, unless prevented by sickness or evident necessity, or who goes from guard or such place of rendezvous, without leave from his commanding officer, before he is regularly dismissed or relieved. Art. xxxvi. A sentinel who is found sleeping on his post, or who Sentinel sleepleaves it before he is regularly relieved. ing, &c. Art. xxxvii. An officer or soldier who occasions false alarms in Occasioning camp, garrison, or quarters, by discharging firearms, drawing of swords, false alarms. beating of drums, or by any other means. Art. xxxviii. An officer or soldier who, without urgent necessity or Leaving plaleave of his superior officer, leaves his platoon, division, or guard. toon, &c. sons bringing Art. xxxix. An officer or soldier who does violence, or offers any Violence to perinsult or abuse, to a person who brings provisions or other necessaries provisions. to the camp, garrison, or quarters. Art. xl. A person who uses menacing words, signs, or gestures, in Disturbing presence of a court martial then sitting, or causes any disorder or riot courts martial. to disturb their proceedings. Art. xli. An officer or non-commissioned officer commanding a guard Refusing to reor provost marshal, who refuses to receive a prisoner committed to his ceive prisoner. charge by an officer of the forces of this commonwealth, when a written statement of the charge, signed by such officer, is delivered to him. Art. xlii. An officer or soldier releasing a prisoner without proper Releasing prisauthority, or suffering him to escape. oner. prisoners. Art. xliii. Every officer or provost marshal to whom prisoners are Not reporting committed, who does not within twenty-four hours after, or as soon as he is released from his guard, notify to his and to their commanding officers, their names and crimes, and the names of the officers who committed them. ital Art. xliv. Offenders guilty of crimes not capital, and of disorders Crimes not capand neglects which officers and soldiers may be guilty of to the prejudice and not speof good order and military discipline, though not mentioned in the foregoing articles. from divine ser. Art. xlv. Officers who unnecessarily absent themselves from divine Officers absent service, or behave indecently or irreverently at any place of worship, vice, &c. shall, upon judgment of a court martial, be publicly and severely repri- R. S. 12, § 140. manded by the president. SECT. 170. Officers and soldiers shall be subject to the following fines: Fines. |