Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1837-12-26

martial, shall at the san.t fine appoint a
Judge advocate, whose dety it ssllali .,e, Inn
partially 10 state evidence both for aud d
gainst the officer under 4 81, take accurate
minutes Of the evidence vi al the pro-
ceeuings cfthc court az OF which he shall
transmit, with the Judge mt of The cou
( thereon, under seal, to IT,. otiicerwhose,u-
/ ty IT rs to approve or d; approve of such
judgment. All persons 6 an be holden to
appear and give evidence before any court
martial, under the same panaliies for neg
lect, rs are by law provide for witnesses in
other cases, when therein summoned BY
a justice of the peace shall be cnti-
tied TO .hc same fees asw I ,sses attending
the county court, To be 70 2tsor tla ~.-.
treasury aud all svisne 49,, r,.-.3a
10y the Judge advocate. before they give
their evidence TO the court. Before any
court martial shall proceed to the trial of
any officer the Judge advocate shall admin
ister 10 The president and each oflhc mem
bers the following oath, viz:
"You do swear. that
you will well and truly try the cause now
before YOU, between the state of Vermont
and the person or persons to be tried, ac-
cordlng TO evidence and YOU do further
swear, that you will not diyulgc the sen
tcncc of tins court martial, until it shall be
approved or disapproved Of, and that YOU
VIII not on any account, at any time, dis
cover the vote or opinion of any member
unless required to give evidence thereof, as
witness. by a court of Justice, in due
course oflaw; so help YOU God"
And TIE president shall administer TO the
Judge advocate the following oath, viz:
You do swear, that
you Will not, on any account, at any time
whatever, divuIee the vote or opinion ofany
member Of this court martial, unless rcquir-
ed TO give evidence thereof, as a witness.
bya court of justice, in due course of law
so help you God"
When any member of a court martial is
challenged, either on the part of the gov
eminent or the accused, the cause of Chal-
lengc must be stated in writing, of which
the court after due dclberation shall deter
NINE the relevancy or validity, and decide
accordingly; and no challenge to more
than one member at a time, shall be rcceiy-
cd 10y the court. On questions of uhallonrc.
the member Oh iected to shall not vote. but
the president may vote with the members
and IN no case shall challenge be acted
upon, until the president and Judge adyo,
cate. and the intended members, are sworn.
All trials by court martial shall be carried
on IN the day time and when the votes are
called for, on question, the Judge advocate
shall begin with the youngest in commits
SION and proceed regularly to the oldest
And n. all courts martial. unless two thirds
OF the members agree that the accused is
guilty, the Judge advocate shall record his
acquttal bat if two thirds or more pro-
nounce the accused guilty, the court shall
sentence him, if an officer, either To be rep
rmanded III ordcrs or removed from Office,
or To pay fac not exceeding one hundred
dollars, ~ the discretion of said court. ac-
cordlng to the aGgrayalion of his offence
ana II Il non commissioned officer, musician
OF private, to such fine, forfeiture or other
punishment as rs or may be provided by
law. And / any officer be sentenced To be
removed from Office. the court shall lndge
han to be disqualified for, and incapable Of
holding any military Office under tins state.
either ior life, or for a term Of years, accord
M 10 the ag9ravalIon az his offence which
sentence either of rcprimand in orders, re-
mpyal from office, fine, forte lturc or other
punishment. II approved of, shall remain in
full force ; but the judgment OF dlsqualif-
cation may be reversed by the legislature.
And %" fn'- imposed on any officer in pur
suan'
rccu.
tins statute, bctorc ANY ,.,,..
jurisdiction aud # the officer sentenced to
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