Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1837-12-20
LAWS OF VERMONT.
MILITIA ACT.--Continusd.
CHAPTER XL--CoWrts Martial and
n n -. 49,

al OeCs u. uo HONetnOI OF COthIuuHoCi-m
chief shall app int general courts martial,
for the Trial OF all officers obove the rank
Of captain; the brigadier-generals, each
within his own brigade. shall appoint
brigade courts martial, fofthe trial OF cap
tains and all commissioned officers under
that rank. And Il shall be the duty Of
every officer who shall appoint a court
martial as Aforesaid, to approve or disap-
proye Of every sentence ofsuch court mar
iial. BY them appointed; and no officer
who shall appoint a court martial shall be
president thereof nor shall any sentence
\ Be put ID execution until It shall have been
appto we'd Of as aforesaid A general, or
brigade court martial shall consist Of
twelve members at least, and president
and marshall; the president Of which
shall not be under the rank of a field Off
GER; and no field officer shall be tried by
person under the rank OF captain and all
officers shall take rank on a court martial,
by seniority Of commission, without re-
gard to corps II generl court martial
Is to be formed, orders shall be issued to
such divisions, as in the opinion Of the
commander-in-chief may most convenient
~ furnish the members thereof; if it be a
brigade court martial, orders shall be is
sued to such regiment within the brigade,
rs in the opinion Of the brigadier-general
or commanding officer Of the brigade,
may most conveniently furnish the mem
,bers thereof. And whenever command
ing officer Of division, brigade, OF regi-
'ment, shall be orderedto furnish every Off
Ger OF officers, as member or members,
supernumerary or supernumeraries of a
court martial, such officer or officers shall
be regularly detailed from the roster oil
the division, brigade or regiment by the
commanding officer thereof, respectively,
Forthwith, alter having received orders
therefor, as aforesaid. Prorided. Ao1cer,
er, That in case of inability, sickness or
absence Of any officer whose turn it would
BE 70 serve on court martial, the detail
ing officer shall certify such circumstan
ces to the officer who ordered the court
MARTIAL and detail the officer next in 70.
lation and the officers ordered to be de.
tailed to serve on courts martial, shall be
I detailed 10 the following manner major
generals by the commander.in-chief,o OF
his orders. from the general roster brig
adler generals, by the commanding Off.
Ger Of divisions, from the division roster
fed officers, by the commanding officer:
of bfigades, from the brigade roster; anC
captains and subaltcrns, BY the command
ing officer Of regiments, from the regi
mental roster. Whenever q court mar,
tial Is ordered, the officer ordering it shall
appoint the president and marshal of tn,
same /; he may, also, at his discretion, o.
der q number Of offers, not exceeding
hall the number. Of members of which thu
court is composed, to be detailed as su
pernumeraries, in addition to the mem
bers, 10 attend the court at the organize
c tion thereof; and in case there shall b,
any Vacancy or vacancies, the Judge ad
vochle shall I'll such vncancy or vacan
cies. from the upernumeraries, begin
ming with the highest in grade, and pro
eeeding in regular rotation. And the o
fcer who shall appoint court martial
shall at the same time appoint judg
advocate, whose duty Il shall be, impaI
TALLY 70 state evidence. both for and sgain'
the officer Under trial, take accuraIe nit
utes Of the evidence, and all the proceed
ings Of the court all Of which he sha
.transmit, with the judgment Of the cou
thereon, under seal. to the officer who:
duty Il is 10 approvelor disapprovs ofsuc
Judgment. Al persons shall be holdt
70 Gppear and. give evidence before ar
court martial, under the same penali'
!. for neglect, as are bylaw provided 4
witnesses in other eases, when thereun
sIrnmoned by justice Of the peace; al
shall b. entitled TO the same fees as vi
nesses attending the county court, to
uaid out of the state treasury; and {
witnesses shall be sworn by the Judge a
vocate. before they give their evidence
The court Before any court martial sh;
proceed 10 the trial Of any officer, {
tudge advocate shall administer to 1
president and. each Of the members t
following oath, viz rr p. .... :, r
"You ...s do swe
that YOU will we'll and truly try the eau
now before you, between the state of "
mont and the person or persons 10
tried, according to evidence; and you
further swear, that You will not divul
the sentence Of this court martial, unit
shall be approved or disapproved Of. a
that you will not on any account, at a
time. discover the vote or opinion Of a
member, uu 'ess required to give evider
thereof, Is witness by court OF JUST
in due course flaw; so help you Go;
AMI the president shall administer
the Judge advocate the following oath, =
you m do swe
thatyo will not on any account, at q
time whatever, divulge the vote or on
ion Of any member Of this court mart
unless required to give evidence Their,
asa witness, by court Of justice. in I
Il l.. hI,lr, CN,,l W