Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1840-07-09
on the

will Assemble at on the
day OF A. ID. for The
for The trial Of such persons as may be bro''
before them, In consist of members,
To wit: brigadicr generals,
colopes. heutenfunt colonies,
mrjors, Brigsder gen
leral win preside. Tho adjuun,
of the regiment will furnish an
orderly sergeant 10 attend aud execute the
orders OF the court.
['ro be signed by the major general or by
the division Inspector, by his
order
If ,he court be ordered by a brigadler
general, the orders shall be us follows, TO
wit:
STATE OF RHODE ISLAND, S.
BRIGADE ORDERS FOR THE BRIG
AIDE OF RHODE ISLAND MILITIA.
A general cour: marital for The
brigade will assemble ut on the
day of A, -. for
the trial of such persons as shall be brought
before them, to consist Of members,
to wit: coloncls, lieutenant
coluntls, majors, captains,
suba,erns. Colonel will preside.
! The adiutant Of regiment will fur
nlsh al orderly sergeant to attend and oxe-
cute the orders OF the court.
| TO be signed by the hrlgadler general, or
by the brigade mayor, by ns orders ]
| For general court martial, the adJutanl
general shall detail and notify all general
Officers, and apportion the other officers re-
Qulred, To tho several brgades they are H.
be taken from; aud give notice thereof to
tho division Inspector or brigade mayors, who
I shall de tail and rollly said oiicers, aud make
return thereof to the udJntant general.
4 In Il division court martial, the DIVISION IN
spector, or an aid de.camp under the dlrec-
ton OF the major general, stall detail and no.
lily the general officers, and apporton the
other officers to each brigade, and give no
tce thereof to the respective brigade ma jors,
who shall detail and nollfy the field officers
required to serve on said court martial, anc
apporilon the number Of captains and subal-
terms of each regiment, and notify tEe re-
spectve adjutanls; and the adluiant of each
regiment shall notify them, and make return
thereof to the brigade major; and II the oih
Ger to be tried be Il general officer, he shall
be furnished with copy of the order for
said court, and copy OF the charges IN ar
rest, by the Jutant general, or by the divls'
ion Inspector. or by Il brigade inspector, as
TIE SiIdil 'i''if)
days before the setting Of said court, who
shall make return thereof, with the names
Of the officers composing sand court; and the
officer to be tried, If uadcr the rank oi Il field
officer, shall be furnished with like copies,
twenty days before the sitting of sad court
by brigade major, or Inspector, or by the
ldlutant of The regiment To which he belongs
as the officer ordering the court martial shall
IIrpct ~ bn shall the mud the
names of the officers composing ;he court, TO
the Judge advocate of the court and ii shall |
be the duty Of the said Judge advocate to
summon, or cause 10 be summoned, such wit
nesscs OH the part Of the state, us may be
necessary, by subpoena signed by the officer
ordering the court, or by the president there
of, or by the said Judge advocate and the
accused shall be entitled to like process, to
procure the attendance OF his witnesses /;
which process shall be served by the Judge
advocate, or by any disnteres,ed person de-
putcd by him. The members to compose the
court, shall be detailed according to seniori-
ty, in a regular rotation OF duty and oil
charges in arrest shall be made out IN due
form, by way Of complaint, and signed by the
party complaining, and addressed to the Of
ticcr whose duty II is to order the court, spe-
fylng the act or neglect Of which the ac
cused is supposed TO be guilty, and praying
due process, before said officer shall order a
court martial for the trial Of the Office ac-
cused. The members Of the court, before
they enter on the trial Of any person accus.
ed, shall take the following oath, to wit ::
|" You swear or affirm that you will truly
try and determine, according to the evidence
given in court, the matters depending be-
tween this State, and the officer or officers
now to be tried that you will not dlvulge
the sentence OF the court, until the same has
been approved or dsapproved pursuant to
law and that you will not at any time dis
close the vote or opinion OF any member OF
this court unless required to 60 SO in due
course Of law. So help you God" Or this
you may affirm, &c. And 'he foregoing oath
shall be administered by the judge advocate;
but all other oaths which it may be necessary
10 administer, during the continuance OF the
court, may be administered either by him, or
any general or field officer.
Sec. 81 There shall be appointed and com.
mis5loned by the commander chief, one
Judge advocate for each brigade who shall
perform all the duties Of that Office, in all
courts martial assembled in their respective
brgades. and who shall ,ake the following
oath. 10 wit:
/ "You swear Tor affirm that you will not,
at any time Whatever, dsclose the vote or
opinion Of any member Of any court martial
in which you may be called TO act, unless re-
qured by due course of law, nor divulgc the
sente nee Of any such court, till the same has
been approved or disappruved according to
law; and that you vii. faithfully and impar,
italy discharge the duty of judge advocate,
according to the best Of your abilities, so
\ help you God.' And said oath may be ad-
mlnlstered by Judge Of any court in the
state, or any justice Of The peace in The state
and certificate thereof shall be made on the
commission of the Judge advocate, by the
person administering the oath aud the Judge
advocate as aforesaid, shall hold his office
only during the pleasure The commander. 10
chief. Whenever any Judge advocate, by
reason or interest, relationship to any officcr
to be tried, sickness or my other cause, can
not act N any court martial 10 be assembled,
the officer ordering the court may dcslsnote
the Judge advocate of any other brigade, and
order his attendance at said court 10 othc ate
as Judge advocate.
Sec. S2. H. on trial, the accused shall OBJ
cct to any one, or more members Of the court,
he shall state the ground of his obi 'ctions,
and If 1t appear 10 the court sufficient, the
member or members objected to, shall leave
their seats; and If the number remaining be-
Il less than nine, the court shall be ad ourned
for reasonable time, that the officer order
III l.. Il Al.