Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1806-08-27

ported to the place where the said court
shall be assembled.
Article 81. No person shall be SEN
fenced 10 suffer death, but 10y the concur
renee of two.thirds of a general court
martial, nor except in the cases herein
expressly menlioned; nor shall more than
titty lashes be inflicted or any offender, at
The discretion of court martial, and no
oiiicer, non commissioned officer, soldier.
or follower of the army, shall betrieda
second time for the same offence.
Article IS. No person shall be liable
10 be tried and punished by generate court
martial for any offence which shall ap-
pear 20 have been committed more than
two years before the issuing of The order
for such trial, unless the person by reason
of having absen,ed himself or some ober
manifest impeachment shall not have been
amenable to Justice within that period.
Article 80. Every officer authorised 10
order a general court MARTA. shall have
power to pardon or mitigate any punish.
nent ordered by such court, excep, the
sentence Of death, or Of ashiering an Of.
ficer which in the cases where he has
adthori,y [by article 65) to carry them
into execution he NAV 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
immediately transmit, 10 the President for
his determination. And the Colonel or
commanding ofiier Of The regiment or
garrison where any repimental or gsrri
son court martial she'll be held, may par
don or mitigate any punishment ordered
by souch court obe mnieled.
Article 90. Every Judge advocate, or
person officiating as shch, a. any genet al
court martial, shall transmit, with as much
expedition asihe opportunity of time and
distance can admit, the original proceed
logs and sentence Of such court martial,
To the Secretary Of War, which said orr
nal proceedings and sentence shall be
carefully kept and preserved in the Office
of he said Secretary, 10 the end tia,
the persons entitled thereto may be ena.
bled, upon appl'ca,on to.the said Csice,
! 10 obtain copies uisioof.
Ths party tried by any general cour,
| natal, shall upon Gemand thereof N ade
by himself or by amy person r persons in
ms behalf, be emu led to a COPY Of the
sentence and proceedings Of such cour,
martial.
Article 81. In cases where the Gene
raj Or commanding officer may order u
court CT enquiry TO examine into the ia
turc OF any transaction, accusation, or i'm !.
puIaiion against any officer or soldier, the
said court shall CONSIST Of one Of more
officers, lot exceeding three, and Judge
advocate, or other suitable person q 4
recorder, 10 reduce the proceedings and
evidence to wiring, all OF whom shalt be
sworn to the faithful performance of their
duty This court shall have the same
power 10 summon Witnesses as court
marital, and 10 examine them on cath.
But they shall! not give their opinion on
The merits Of the case, excepting they
shall DC thereto specially required. The
parties accused shall also be permitted 10
cross examine & inIerrogsle lie Witnesses,
SO as 10 investigate fully the citcumstan-
! ces In question
Article 90. The procee dings Of a cour,
Of inquiry must be authenticated by The
signature of the recorder and the prcsi-
dent, and delivered to the COMMANDING Of.
hccr; aud the said proceedings may be
| admitted as evidence by court martial
III cases not capital, or extending 70 Che
dismssion OF all officer, provided that tl,,
circumstances are such, that oral tcsti.
/ mony cannot be obtained. Eut as courts
OF iuqnry may b. perverted 10 dish0nor.
able purposes, and may be considered IS
| engines OF destruction TO military merit,
in the hands OF week and enyiong com
mandan;s, they are heteby prohibited,
unless drecled BY the President Of The
! Uniied States, or demanded by the ac-
cused.
Article 9S. The Judge advocate, or
recorder, shall administer to the mem
bers the following oath
:" You shall we'll aud truly examine
and inquire, according to your evidence,
into the matter now before you, without
parIiailty, iayjur, affection, prejudice,
or hope Of reward. 81 help you Cod
Alter which The presdeo shall admin.
lister 10 tie Judge advocate or recorder
Iha following oath:
You 4. u. do swear that you viii,
according to your best abilities, accurate
| " aud imparIially record the proceeding
of lac court and the evidence to be given
II