Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1837-12-20

II
begin with the youngest in Commission,
and proceed regularly to the oldest. And
at all courts martial, Unless two thirds Of
the members agree that the accused is
guilty, the judge advocate shall record his
acquittal; but 1.-TWO thirds or more pro-
nounce the accused guilty, the court shall
sentence him, if an officer, either TO be
repTimanded in orders, or removed from
Office, or to pay fine not exceeding enc
hundred dollars, in,the discretion of said
court, according to the aggravation of his
offence; and If non-commissioned off,
Ger, musician or private, to such fine, for
fixture or. other punishment as, is or may
be providid by law. And j: any officer
be sentenced TO be removed from office,
the court shall Judge him TO be disqualifi-
ed for, and incapable of holding any mil
l1itary Office under this state, either for life,
or for a term Of years, according to the
aggravation of bis offence; which SEN
tence either of reprimand in orders, re-
moval from Office, fine, forfeiture CT other
punishment, if approved Of shall remain
in full force; but the Judgment ofdisqual-
ification may be reversed by the legisla-
ture. And all fines imposed on any off
Ger in pursuance of this section, shall be
sued for and recovered by action of debt
brought on this Statute, before any court
Of competent jurisdiction and if the Off
Ger sentenced to pay a fine as aforesaid
shall be captain or subaltern, said action
shalt be brought in the name Of the quar-
ter-master Of the regiment to which such
captain or su6altern belongs, for the use
OF said regiment; if a regimentaI, field or
staff officer, said action shall be broug hit
In the name of the brigade quarter-master
Of the bregade to which said field or staff
officer may belong, for the use of said
brigade ifa brigadier general or brig
ade staff officer, by the quarter,master OF
the division to which such brgadier-gen-
eral or brigade staff officer may belong,
for the use Of such division and if any
other officer, in the name Of the quarter
ter-master general, for the use OF the mi
lltla OF this state. And all courts martial
are authorized hereby to preserve order
during their session, and if any person or
persons in presence OF a court martial
= shall behave in a disorderly manner, or
: make any ;umult in, or disturb any court
martial, and shall not upon the command
Of the marshal thereof, desist therefrom,
ii shall be lawful for he court martial 10
confne such disorderly person or persons,
for time not exceeding eight hours.
Sec. 2. The commander-in- chief may
call boards Of officers whenever in his
opinion they may be necessary for set
Ting military questions, or for other pur-
poses relative to good order and discipline
: And the commander-in-chief, and the
brigadier-generaIs or other officers com
e handing brigades, each in his own brig
: ude, may order courts of enquiry, to ex
8 anime into the nature Of any transaction
E or ACQUISITION, or imputation, against any
}. officer. when made by an inferior. Pro
pided, h01cerer, That all courts of inqui.
: ~ on general or field officers are TO be
3 ordered by the commander-in-chief; al
: courts Of inquiry on captains, regimenta
: staff and subalterns, shall be ordered BY
: the brigadier-genera!s or commanding OF
= icers Of brigades and courts o! inquiry
+ shall always consist OF three officers ant
/, Judge advocate, to be appointed by th
. person ordering the same; all OF whom
= shall be sworn. These courts shall hav
st the same process to summon witnesses a
4 courts martial, and may examine them Oh
l. oath: but they shall not give their opin
II ions on the merit Of the case, unless the
RI are especially requested so to do. Tn
Sc parties shall also be permitted to cross e1
h anime witnesses. so as TO fairly intestgat
IN the circumstances in question. The pre-
~ ceedings Of q court Of inquiry are to b
IS authenticated by the signatures Of tn
Of president and Judge advocate, and are
to be transmitted by the Judge aGvocat
I'd sealed, to the officer vino ordered Ii
t. court
be The Judge advocate shall administer
MI each of the officers composing court
d. inquiry, the following oath:
TO You S.. do swca
lll that you will well and truly examine ar
he inquire into the matter now before vo
he without partiality, favor, affection, pref
he dice or hope Of reward; so help you God
Afer which The president shall ADM
ar, lister to the judge advocate the followir
Use oath:
en- You do swea
De that you will impartially record the pr
do ceedings of the court and the evidence
,ge be given in the case in bearing: so he
it you God"
nd The judge advocate shall administer
ny the witness the same oath or affirmatio
ny as the, case may be, as is prescribed
ice law. And any officer who NAV serve
CO, any court martial or court of inquin
l." shall be entitled to receive as a compe
to salion therefor, one dollar per day,
NJ: each day he may actually serve in,
ar, necessarily attend such court; and f
my cents per mile for travel, from his pla