Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1857-04-21

general, where brigadier general shal
preside, and all staff officers ranking al
brigadier generals, shall be tried by tn,
same courts as brigadier generals; coionels
lieutenant colonels, majors, captains anC
lieutenants, or any staff officer ranking al
such, shall be tried by court martial, ap
pointed by a brigadier general where
colonel shall preside, if any there is withir
the bounds Of said brigade, and if not, ther
lieutenant colonel or major shall preside
but if there is neither lieutenant colonel
nor major, then captain or lieutenant
shall preside; each court martial shall con-
sist of not less than five, nor over thirteen
members, and to be of rank as near as may
be to the rank of the officer to be tried, il
such can be found within the bounds ot
any brigade; all court martials shall have
power to punish any officer for neglect OF
duty, disobedience of any orders or any
other conduct unbecoming an officer, by
suspension, fning. cashiering or disquali-
fcation to hold any office in the volunteer
militia of this State, and in all cases the
president of such court martial shall cause
two certified copies of the sentence to be
made out, which shall be signed by the
president, and attested by tie Judge ad-
vocate-one of which the president shall
forward to the officer who ordered such
court martial and the other shall be deliv-
cred to the brigade inspector of his brig
ade; but record of the proceedings must
remain in the hands of such court martial
for the purpose of collecting fines, or any
other purpose where fines may be assessed
against any person by the sentence of a
court martial, he shall certify the same,
and cause the same to be collected as pro-
vided by this act
Sec. so. When-any courts martial shall
have met. agreeable to the provisions of
this act, the president of such court shall
administer to the Judge advocate the
following oath, and after being sworn, the
Judge advocate shall administer to the
president and other members of the court
the same oath, viz: You, and each of you
do solemnly swear Cor affirm } that you will
well and truly try and determine according
to evidence, the matter now before you, be-
tween the United States, (or the State of
Ohio as the case may be, and the person
to be tried, and that you will truly admin
lister justice according to law, without par
tiality favor or affection, according to your
and the best of your under
and custom of war in like cases;
you do further swear Cor affirm that you
will not diyulge the sentence of the court,
until it shall be published by proper au-
thority, neither will you disclose the opin-
ion of any particular member of the court,
unless required to give evidence thereof in
a court of justice, in a due course of law.
The Judge advocate shall prosecute, in the
name of the United States, or of the State
Of Ohio, Gas the case may be) but shall so
Tar consider himself as counsel for the per-
son accused, as 10 object to any illegal
question put to the prisoner, or the person
or any witness, the answer to
which might tend to criminate himself
He shall also see right and Justice done to
he defendant, on all questions which may
,rise in court martial; the youngest in
and lowest in rank shall vote
irst, and so on in succession to the oldest
md highest in rank, and every person Civ
ng evidence before 81 court martial shall
De examined on oath or affirmation, and all
'fficers composing court martial shall be
n full uniform.
Sec. 81. The party tried by court
martial shall be entitled to a copy of the
sentence, and proceeding of such court
martial after the decision, where demand
herefor by him or any persons in his be-
lalf; the commanding officer for the time
,eing shall have full power of pardoning
II mitigating any penalty ordered to be in
licted on any non commissioned officer,
musician or private, for breach of the
provisions of this act, by court martial;
nd every officer, convicted rs aforesaid.
" any court martial may be pardoned, or
ave the penalty mitigated by the officer
rdering said court martial.
Sec. 62. The rules and articles of war,
nd the rules and customs which govern
ourt martial composed of officers of the
rmy of the United States, shall in all re-
poets govern all court martials held under
he provisions of this act, and the COM
1ander-in-chief, major generals and brig |
dier generals, shall have power to order a
ourt martial to be held at such time and
lace as they think proper, when the same
lay be necessary to carry into effect any
the provisions of this act not herein ex-
ressly provided for, and in all cases, the
ficer ordering the court martial may con-
I'm or disprove the sci tence thereof.
Sec. 63. Any superior may, immedi-
tely after he has arrested any officer, ap-
oint no less than three nor over five Off
, RS, as near the rank of the officer arrest
l as he can conveniently get for that pur
ose, and shall summon them to meet at
certain time and place, ard when met,
lall constitute court of inquiry, whose
lty it shall be to inquire into the charges
! which such officer was arrested, and if
majority of said court are satisfied that
lch charges are not sufficient to cause
'urt martial to assemble in said case, or
they are not satisfied the charges are
Efficient, they shall, in either case, forth
ith report the same under seal to the of