The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1838-01-23

IenL1Y
a commanding officer of division, brigade, or reg
f iment shall be ordered to furnish any officer or
officers as member members, supernumerary or
supernumerares Of a court martial, such officer or
officers shall be regularly detailed from the roster OF
: the division, brigade regiment by the command
ing officer thereof respectively, forthwith, alter
having received orders therefor as aforesaid
Pr0rtded hoacecer, that in Of inability, sick
ness or absence Of any officer whose it would
be to serve a cour: martial, the detailing officer
shall certify such circumstance to the officer who
ordered the court martial and detail the officer next
in rotation; and the officers ordered to be detailed
to serve courts martial shall be detailed in the
following manner maor-generas by the com
munder in chief, his orders, from the general
roster brgadier generals, by the commanding Off
of divisions, from the division roster field Off
cors by the commanding officers of brgades, from
the brigade roster; and captains and subaterns, by
. the commanding officer Of regiments from the regi-
mental roster. Whenever court martial is ordered,
the officer ordering it shall appoint the president
and marshal of the same; hesmay, also, at his dis
cretion, order a number Of officers, not exceeding
half the number Of members Of which the court is
composed, to be detailed as supernumerarles, in
addition the members, to attend the court at the
organization thereof; and IN case there shall be
any vacancy vacancies, the judge advocate shall
fill such vacancy vacancies from the supcrnu
neres, beginning with the highest IN grade and
proceeding in regular rotation. And the officer who
Shall oppoiut court martial, shall at the same time
appoint judge advocate, whose duty 1t shall be.
imparally 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 is to approve dIsapprove of such judgment.
All persons shall be holden TO appear and give evil
! dence before any court martial, under the same
penalties for neglect as are by law provided for
witnesses in other cases, when thereunto summoned
by Justice of the peace and shall be entitled to
; the fees witnesses attending the county
r court, be paid out Of the treasury aud ali
witnesses shall be by the Judge advocate,
before they give their evidence to the court Before
any court martial shall proceed to the trial of any
hall I,,;,, Al,
i president and each of the members the following
e You do swear, That on will
# we'll and truly try the cause now before you, be-
; tween the State Of Vermont aud the person per-
II sons to be tried, according to evidence and you
do further swear that you will not divulge the SEN
tence of this martial until it shall be approved
Vt or disapprovod of, and that YOU will not any
account at any time, discover the vote opinion
e of any member, unless required TO give evidence
thereof witness, by court of justice, in due
II course of law help you God"
II And the president shall administer the Judge
II advocate the following oath, viz
J. "Yuu do sw ear that YOU will
: not, on any cccount, at any time whatever, divugc
e the vote or opinion of any member of this court
MARTIAL unless required to give evidence thereof as
a witness, by court of justice, in due course OF
law so help you God
/. When any member of a court martial is challen-
:, ged either the part of the government or the
accused, the cause of the challenge must be stated
in writing, of which the court after due dellbera-
/ ton shall determine the relevancy validity, and
IS decide accordingly and no challenge to more than
q one member ut u tune, shall be reserved by me
n court. On questions of challenge, the member OBJ
II ected snail vote but the president may vote
e with the members; and in no case shall a challenge
: be acted upon until the president and Judge adI9
n cate, and the intended members, sworn. All
trials by martial shall be carried on in the day
h. time and when the votes called tor, Ques
Ill ton, the Judge advocate shall begin with the young
rt est in commission, and proceed regularly The
oldest. And at all courts martial, unless two third:
cd Of the members agree that the accused IS guilty
Ii the Judge advocate shall record his acquittal but
Il if two thirds more pronounce the accused guilty
G the shall sentence him, if an officer, either
e. be reprimanded in orders, removed from office
OF 20 pay fine not exceeding one hundred dollars
n in the discretion of said court, according the az
s. grayation of his offence and if non commissioned
DC officer musician private, to such fine, forfeiture
ar or other punishment is may be provided by
u law And if any officer be sentenced to be removed
re from office the shall Judge him to be- disqua
fled for and incapable of holding any military of
s. flee under this state, either for lite for term
ID years. according the aggrayation Of his offence
err which sentence either of reprimand in orders, re
id moval from office, fine, forfeiture other punish
at ment if approved Of shall remain in fall force Blu
d. the Judgment of disqualification may be reversed by
the legislature. And all fines imposed on any office
H. in pursuance of this section, shall be sued for ant
recovered bY action OF debt, brought This
II, before any of competent jurlsd lotion and
the officer sentenced to pay fine aforesaid shall
a. be captain subaern said action shall be brough
IN the name Of the quarter master OF the regimen
49, to which said captain or subatern belongs, for tn
MS use OF E2!d regiment; if regmGnta field. or stat
officer, said acton shall be brought in the name o
70 the brigade quarter master of the brigade to which
IL said field or staff officer may belong for the
said brigade; il brigadier general brigade stat
OF officer, by the quarter master of the division t.
te which such brgader general or brigade staff office
err may belong, for the of such division and if an
other officer, in the Of the quarter gen
VS. eral for the of the militia OF this state. An
all courts martial are authorised hereby to preserv
order during their session and if any persons i
presence of court martial shall behave disor
lief dery manner, make any umulti in, or disturb an
of court martial, and shall not upon the command
er the shall thereof desist erefrom, it shall be law
mt ful for the martial to conne such disorder
nd person persons, for a time not exceeding eigh
it hours.
mt SEC. :. The commander may call boards
p officers whenever in his opinion they may be neces
by sary for settling militia questions or for other pun
mt poses relative TO good order and discipline. An
all the commandment chief, and the brgader-genera
We other officers commanding brigades, each IN HI