The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1857-04-30

hce 10 the volunteer militia OF this Slste
and in all cases the president OF such court
martial shall cause two certified copies Of
the sentence 10 be made cut. which
shall be signed by the president and attest.
ed by the Judge sdvocate-oue OF which
the president shall forward 10 the officer
who ordered such court martial and the
other shall be delivered to the brigade in
spector Of his brigade; but record ofthe
proceedings must remain in the hands Of
such court martial for the purpose OF col.
fines may be assessed against any person
by the sentence Of a courI-msrlial, and
the sentence has been approved Of by the :
officer ordering such court martial, be :
shall certify the same. and cause the
same to be collected as provided by this
act.
SEC. 60. When any couris-msrtal a shall
have met. agreeable TO the provisions Of
this act, the president Of such court shall
administer to the judge advocate the fol.
lowing oath, and alter 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 Tor sfirn) that you
will well and truly try and determine Ac-
cording to evidence, The matter now be-
fore you, between the United States. (or
the state Of Ohio as the case may be, and
the person to be tried, and that you will
truly administer justice according to law,
without partiality. favor or affection, &C.
cording to your conscience. and The best
of your understanding and custom Of war
in like cases; you do further swear Tor af-
frm) that you will not divu'ge the sem
tence Of the court, until it shall be pub.
lisbed by proper authority, neither will
you disclose the opinion of any particular
member Of the court, unless required to
give evidence thereof in court Of justice
in due couree of law. The Judge advo'
cate shall prosecute, in the name OF the
United States, or OF the State Of Ohio.
as the case may be but shall so far con-
slider himself as counsel for the person ac-
cused as to object to any illegal question
put to the prisoner, or the person accused.
or any witnrss, the answer to which might
tend to criminate himself. He shall also
see right and justice done to ibe defend
ant, on all questions which may arise in
a court martial; the youngest in commits
sion and lowest in rank shall voc 6rst, aud
SO on in succession to the oldest and highest
in rank, and every person giving evidence
efore court. martial, shall be examined
on oath or affirmation and all officers COM
posing court martial shall be in full u.
inform.
SEC. 81. The party tried by court
martial shall be entitled to copy Of the
sentence. and proceeding of such court
martial after the decision. where demand
therefor by him or any persons in bis be-
hall; the commanding officer for the lime
being shall have full power Of pardoning
or mitigating any penalty ordered to be
inflicted on any non commissioned officer,
musician or private. for breach Of the
provisions Of Ibis act, by court martial:
may be psrdoned, or have the pen
ally mitig, It'd by the officer ordering
said court martial.
SEC 60. The rules and articles of
war. and the rules and customs which
govern a court martial, composed Of Off
GERS Of the army Of lhe United States,
shAIlin all respects govern all court mar.
tias held under the provisions of this act,
and the commander in.chirf major gener-
ais and brjgadier generals. shall have
power to order a court martial to be held
at such time and place as they think prop.
er when the same may be necessary to car
~ into effect any of the provisions Of this
act not herein expressly provided for, and
10 all cases. the officer ordering the court
martial may confirm or disapprove the
sentence thereof.
SEC 63 Any superior may, immediate
ly alter he has arrested any officer, ap-
point no less than three nor over tive Of
hcers, as near the rank OF the officer ar.
rested, as he can conveniently get Tor that
purpose, ard shall summon then to meet
At certain time and place, and when
met shall constitute a court of inquiry,
whose duty it shall be to inquire into the
charges on which such officer was ares
ted. and if a majority of said court are
satisfied that such charges are not suf-
f lent to cause a court-martial to Assem-.
bic 10 said case, or il they Iare satisfied
the charges are sufficient, they shall, 10
either case. forth with report the same
under seal TO the officer who ordered the
arrest, and such officer ordering the ar
rest shall, Immediately after receiving the
repor, OF the said court, either discharge
the officer arrested, or summon court
martial forthwith TO try him. The officer
ordering the arrest shall be governed by
the court of inquiry. and the members
and witnesses attending court Of inqui-
ry shall be paid as the members and wit
nesses of court martial are paid and the
officer who orders the arrest shall desig.
nate what officer is to preside over the
court of inquiry, which court shall have
the same power TO compel the attendance
Of witnt sses as court msrtials, and either
party may serve any process allowed by
court martial. and all officers composing
a court Of inquiry shall be In full uni
form.
SEC. ga There shall be allowed to the
officers composing any division. brigade,
regimental, squadron. or battalion courts
martial, aud to the Judge advocate there
of, one dollar and Fifty cents for each day
they may be necessarily engaged in travel
1 ing TO and from and attending at such;
the provost marshal such compensation as
is allowed to shefiffs for similar services
10 civil cases, and 10 each witness twenty.
five cents for each day be may attend un.
der summons. and for each day 10 ;rave-
ling to and from the same, which com PEN
sation shall be paid out Of the state treas
ury on the order Of the president Of the
court. martial. which order the auditor of