Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1843-07-27

wilt ussrmblc -, on the day o..
A.. ID. tor me tdai "f such per-ons
us shall hr brought before them, ~ CONSIST oi
menhrr., "a utrs culnnes,
ACKNOWLEDGEMENTS M j"rs. tand II any
capt .ins. ,ubnlcrns. Culnnri wall
preside. The pdjniau, ~ rryimcn,al
company or rrr,"urni wall furnish an orderly
srrgran, 10 n'iend ard 'xrrn,r the orders 81
III" c"ir,. IN BE- signed by Nh" hr,ga.l,rr-
9en"r,l, or the bfiaad -ni"lM. by his "''irr
For u general court mrrlal. the adjHlani
general shall notify all g,'u",al o!|ic",-, a"d
give uoiice Of the uth'r officers d,i,i!rd, To-
lhr dNl-Inn inspector az brIgade.nin,rrS, win'
shall nn,,iy said othtcrs, and m,hr return
thereof Ia i'ir at;dian,-g'urra'. IHa di,i>lol'
court martial, tn" divi-lon inspector ar ~ md
de camp under The hifrct,nn nf ~" mrpr-
general. shall n"l,iy Inc general "Ihrers. and
ave nniice "i The either officers drinll"d, I"
The r"sprrtlv" h'iIadc.maios. "h" shall n''i-
y M. trld officers ir0ul,sd ni their bri.ndr',
and max" return ih"reoi Io The m'l'f grnriai.
For u brigade court martial III" brigade MA
l,r shall monty the field officers required 10
serve on SAID cnnd inaiti,i. aud rn,iIy The
respective adlninnls ui .,e other o.hcrrs de-
company or regiment shall notify them, and
make return lhrrcoi Ia the brignd' -nnj pr :nnd
l,i The officer Ia b. tried be "A general officer.
he shall l." furnished wilh copy al the order
for sud cnnrt aud copy -. the Charge
against him hy the adjma"t general, or 10y
the edIglsinn-lnspeci"T. or hy "A brigade insp"c.
tor. as the conlnnndsr In.rl,lci shall difrci,
thirty days before Tie si,,lng al sad ronr,
A.. l. n A. 4
names nf ,Lc nticcrs r",upn,lrg -nid court
aud ii!e officer tu be- t,lrd. II nnd', The rank
of a field officer. shall be furnished wrh lik"
copirs, twenty DAYS before ihG sil!ing ut the
-aid court. by brigade m'l'r, or Inspector.
ur by ,h' adlntani at the itaItnrntal company
or regimen; IA winch he belongs, a. the "ili-
Ger ordering The count martial shall direct ::
who shall return The same, ana The names al
he officers composing ilI' court, io the Judge.
advocate at the ro,iri aid II shall se The
duty of the saId iudgr-.ds oGain /. sunlnon,
nr cause tn b" summoned. such witnesses on
The part oi The State, a. mry be- necessary by
subpoena signed by lhr uilccr ordering the
cnuri. or by the president thrrcut, or by said
jndyr. advocat" aud the accused Shall be cr-
iHira I" like process, Ia procure the altcn'
dance oi bis Witnesses; winch process shall
be served by ia" Judge. adsncatr, or by any
person depuird BY Inn. All
charges 'hall hr made ont Ia due form, by
way o. complaint. and signcd by the patty
complaining, aud addrtsrrd Ia the 'iii 'rr
whose duty II l. to order the court. sprci:yin.
the net or neglect ui winch the accused L.
supposed iu be- guilty.. und praying due pro-
cess befie said officer rha! order couh
martial iuf ,he Trial ui the uihc"r accused
The mrmh'r- -! the ronr shall appear IN full
npaorai. aud before they enter upon the ,flsl
oi ahy person accused. shah take IA" inllnw-
ing oath, To wit: 'lou swear "r aili m thai
YOU viii truly try and determine according
10 ti" evidence given ~ court. the maltrr d. ,
pending between tins State. aud the officer
for otFcrrs now Ia be trird; that ynu will
not dWulge tn" sentence ui The court. un,il
tac same has bcrH nrprosrd ar al.apprortd
pursunn, Ia law ; aud tint you will not at any
time, disclose the vote or opinion Of ANY
mrrber Of this court, unless required Ia do
30 in dn" course oi law. 5, help you God. :"
Or tins uiii nation YOU nlakr ari yIrr upun
the peril 'i The p"unI,y ot perjury. And ll,"
foregoing oath shah he administered by th"
iudgc advocate; but ali other ca'hs whlrh It
may b. hrc"ssary To administer, dnr'ug The
o' The court. may be administered
either by .s,m. or any general or field ufic'r.
Sec. to. There shall b. appuiAi"d by the
utficcr ordering the c"ur,-martIa - Ildg"
advocate fnr each courl.mariInl. "ho shalt
per.,rm all the dutie. ui rhh, rtlicc, and who
shall take the IrluwIng oath. 10 wit: "iou
swear. for allirm) that yun will not ut n.y
tim" Whatever. hl-rlusc the vote ur oplniuu
Of any n,'mh"r of tins court martial. unless
required hy due ruur>e ui law, nor. di,uge
the sentence of the cuurt. vi the same has
been approx, d nr di-apnrnrr1 according ~
law aud ,haS you will fairh'uly and lmpar
italy discharge the duty ui Judg'- \ Ndvncalr
according Ia the best "i your nbIll,rs, So
help ynu Gnd.' Or, this affirmation you
mskc and give upon the peIil al the penalty
Of Pc, jury. And said onih may b" admins
tered 10y Judge of any court. or any justice
Of the peace IN the State; aud certificate
thereof shall be- made on the warrant Of The
.odgc. AdSocutcs by tue rrrs"n sdmliastr.
ing the oath.
Sec. 60. II, on tr,l, tho accused shall uh-
jcct Ia any one, or more members Of the
court, he shall state the ground al his objec-
ilon. and Il II appear 10 the court suiliclcn',
the n'mb,r nr members objected Ia, shall
leave their seats; and the numbers remain
lna br less rGin five, the court shall be nd.
jourrcd for reasonable time. tha, the ots
Ger ordering III" court may d"ln,l others 10
supply the place or places ,acutrd by such
member or m"lnbors. so sentence oi n
court martial shall be carried into effect, ui-
less passed by the concurrcn, vote of two
thirds of the court, and approved by the com.
mandet-in clicl. j. case IN oiiicrr under
arrest shall refuse o- neglect To attend
court martini, according lo nEder| aud notice
given him. lie shall by said court, be sen
fenced 10 pay fine not exceeding two hun.
~ Of ever after holding any military office
in the State; unless he be prevented iron,
aiteIdSpg such court martial by reasonable
cause iai which case the court shall have
power to adjourn and notice thereof shall
be given To- the arrested officer. by shc Judge
Advocate, al least ten days before ihn Gay
to which The court shall have been udInarned
In all cases in wilch n fine and costs os I'm
prisonmont shall bc nward,d by court taar.
tial, and The sentence of such court shall BE-
approved by ,he cuInmHud,i-ln.c chct, aud
the President of such court shall due, BE- dIs.
charged or promnted, withou, having issued
n syarran, of distress or miiiunus tor such fine
and costs ur imprisonment, II sha'l bc the
duty Of The member ot sad dcourt pcgt IN rank
TO the President Ia Issue said warrant VI
mh'lmus.
Sec. 81. If any witness du'y summoned