Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1837-12-04
CHAPTER XI.
Courts Martial and Courts Of Inquiry.


SEC l. The governor or commandern-ch ief shall APP
point general courts MARTIAL for the trial of all officers
above the rank Of captain; the brgadier-generas |
each within his brigade, shall appoint brigade courts
martial for the trial of captains and all commissioned Of
Gcrrs under that rank. And it shall be the duty of
ny officer who shall appoint court martial as aforesaid
to approve dsapproYe OF every sentence OF such court
martial by them appointed and no officer who shall ap-
point court martial shall be president thereof nor shall
sentence be put in execution until 1t shall have been
approved of as aforesaid. general, brigade court
ta shall consist Of twelve members at least, and pres
dent and marsha the president of which shall not be
under the rank of field officer; and no field oHcer shall
be tried by person under the rank of captain and all
officers shall take rank court MARTIAL by seniority Of
commsson without regard to corps If general court
martial to be formed, orders shall be issued to such d
visions, in the opinion of the chief may
most conveniently furnish the members thereof if it be
brigade court martial orders shall be issued TO such
gimcnt within the brigade in the opinion Of the bIiga
dier-genera commanding officer of the brigade, may
mostconvenenty urnishthe members thereof And when
a commanding officer of division, brigade, regl
men shall be ordered to furnish any officer officers, as
member ormembers, supcrnumeary rsupernumcraes OF
court MARTIAL such officer officers shall be regularly
detailed from the roster of the division, brigade cyl
ment by the commanding officer thereof, respectively,
forthwith, after having received orders therefor aore
said Pr0rided hoccuer, That in of inability sick
ness or absence of any officer whose turn it would be to-
serve court martial, the detailing officer shall certify
such ccumst to the officer who ordered the court
MARTIAL and detail the officer next III rotation; and the
shall be detailed in the following :-majorgener
ais by the cOmmander-n-chef, his orders, from the
general roster; brgadier generals by the commanding
officer of divisions, from the division roster; field officers
by the commanding officers of brigades from the brigade
roster; and captains and subaerns, by the commanding
officer of regiments from the regimenta roster. When
court martial IS ordered the officer ordering it
shall appoint the president and marshal OF the same he
may, also, at his discretion order number of officers,
exceeding half the number of members of which the
is composed to be detailed supernumerares, in
addition to the members, to attend the court at the
ganzoon thereof; and in there shall be any vacan
CIV or vacancies the Judge advocate shall fill such
cy vacancies, from the supernumerarics, beginning
with lie ost in grade and proceeding III regular rota-
ton. And the officer who shall appoint court martial,
shall at the same time appoint judge advocate, whose
duty shall be- mpariay to state evidence both for
and against the officer under trial. take accurate minutes
of the evidence and all the proceedings OF the court all
of which he shall transmit, with the Judgment of the
court thereon under seal, to the officer whose duty ii is
to approve disapprove of such Judgment All persons
shall be holden to appear and give evidence before amy
court MARTIAL under the penalties for neglect, as
are by law provided for witnesses in other cases. when
thereuno summoned by Justice of the peace and shall
be entitled to the fees witnesses attending the
county court to be paid out Of the state treasury and
all Witnesses shall be by the Judge advocate be-
fore they give their evidence TO the court Before any
martial shall proceed to the trial of any officer the
Jude advocate shall administer to the president and each
Of the members the following oath, viz;
"You do swear, that you will wei
and truly try the before you, between the state
of Vermont and the person persons to be tried
ding to evidence and you do further swear, that you
will dvulge the sentence of this court MARTIAL unit
it shall be approved dsapproved Of and that you will
any account, at any time, discover the OF
opinion Of any member, unless required to give evidence
thereof, witness, by court of Justice, in due
of law; so help you God"
And the president shall administer to the judge advo
cate the following oath, viz
You do swear that you will not
any account at any time whatever diyulge the vo
opinion Of any member of this court martial, unes
required to give evidence thereof witness, by coul
of JUSTICE in due course of law so help you Cod
When any member of a court martial is challenged
either the part of the government the accused, tn
of the challenge must be stated in writing, of whic
the court after due delberaon shall determine the ree
yancy validity, and decide accordingly and chal
lie, &c than member at a time, shall be re
ceyed by the court On questions of challenge the
Der objected TO shall not vote but the president may
with the members; and in shall challenge b.
acted upon, until the president and Judge advocate
the intended members sworn All trials by cour
martial shall be carried on in the day time and whe
the votes are called for, question: the Judge advo
cate shall begin with the youngest in commission, an
proceed regularly to the Oldest And at all courts mar
ta unless thirds of'the members agree that the ac
entity Judge advOcate shall record his