Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1837-12-26
MILITIA La w.
CHAPTER XII.
Courts .uartidl aad Courts Of Mquiry.

SECTION |. The governor or command
er IN chief shall appoint general courts mar
tIa', tor the trla! of all officers above the
rank of captain; the brigadier generals.
each within his own brigade, shah appoint
brigade courts martial, for the trial Of cap
talns ana al! commissioned Offices under
that rank And it shall be the duty Of ev-
cry officer who shall appoint a court martial
as aforesaid, to approve or disapprove Of
every sentence Of such court martial by
them appointed and no officer who shall
appoint a court martial shall be president
thereof; nor shall any sentence be put in
execution until 1t shall have been approved
Of as aforesaid. 4 general, or brigade
court martial shall CONSIST Of twelve mem
bcrs at least, and a president aud marshal !:
the president Of which shall not be under
tic rank of field officer and no field of
licer shall be tried by person under the
rank Of captain; and all officers shall take
rank on court martial, by seniority of
commission, without regard to corps. fla
general court martial IS 10 be formed, or
ders shall be issued to such divisions, as in
the opinion of the commander in chief, may
most conveniently furnish the members
thereof fit be a brigade court martial,
orders shall be issued to such regiment With
IN the brigade, as in the opinion of the
brgadicr Scncral or commanding officer of
the brigade. may most conveniently furnish
The members thereof Aud Whenever Il
commanding officer OF a division, brigade,
or regiment shall be ordered 10 furnish a
ny officer or officers, As member or mem
bcrs, supcrnumcrary or ,upcrnumcraries of
a court martial, such officer or officers shall
be regularly detailed from the roster Of the
division, brigade or regiment by the com
mandIag oihccr thereof. reSpeCtn ely, forth
With, after having received orders therefor
a. aforesaid. Pr0ridcd, h9cerer, That in
case of inability, sickness or absence Of IL
nv officer whose turn it would be TO serve
on court martial, the detailing officer
shall ccitfy such circumstance To the officer
who ordered the court martial, and detail
the officer next IN rotation and the Off
GERS ordered 10 be detailed 10 serve Oh
courts martial, shall be detailed IN the fol-
loving manner major generals by the
commander IN chief. or his orders, from the
general roster; bngadier generals, by the
commanding officer of divisions, from the
division roster field officers. by the com
manding officers of brigados from the brig.
ade roster aud captains aud suoaltcrns by
the commanding officer of regiments, from
The rcsmeniai roster. Whenever a court
Martial IS ordered the officer ordering II
sall appoint the president and marshal of
tissame he may. also, al hls discretion,
ofcsT number Of officers, not exceeding
haliule number Of members Of winch the
couris compo ed, 10 be detailed a, super
numeses, 10 addition 10 the members, TO
a,endhe court al the organization there
of; anon case there shall be any vacancy
or ,acaInes. the Judge advocate shall I'LL
such vaciacy or vacancies, from the super
numl rarlebeglnning with the highest IN
gradt and soceeding IN regular rotation.
} And We offer who shall appoint court