The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1857-04-23

arrested, the othceT who orders the arrest
shalEissue any summons that may be ap-
piled for by either Of the parties, and par
lies SO applying or any person whom the
6cers granting such summons may ap-
point, may serve the same and endorse
the time and servive which shall be at
least three days previous to the setting OF
the court martial, and shall make return
thereof; and any person who refuses or
negIects to attend court martial after
being duly summoned shall be fined in
any sum not exceeding fifty dollars, which
fine shall be collected and applied Ns
other fines under the provisions Of this act,
and any court martial shall have power to
issue compulsory process to compel the
attendance of witnesses who refuse or neg
lect to attend when legally summoned.
MAJOR GENERALS, BROADER GENERALS DO, now
TRIED,
Sec. 50. Major generals shall be tried by
court martial, appointed by the commander in
chief when q major general shall preslde' Orlga-
dier generals shall be tried by court. .nprtials
appointed by major general, where a bnga'
der general shall preside, and all staff officers
ranking as brigadier generals. shall be tired by
the same courts as brigadier generals; coonels,
/ lieutenant colonelS majors, captains and llentcn-
ants, or any staff officer ranking as such, shalt be
tried by court martial,apponted by brigadier
general where's colonel shall preside, if anythere
is within the bounds Ofsad brigade and If not,
then a lieutenant colonel or ma or shall preside;
| II nt anln l,nOr
major, then captain or lieutenant shall preside
each court martial shall consist of not less than
five, nor over thirteen members, and 10 be of
rank as near as may be to the rank Of the officer
to be tried, if such eau be found within the
bounds of any brigade; all court.martials shall
have power 10 punish any officer Tor neg lect Oh
Gutv, disobedience of orders or any other con
duet unbecoming an officer by suspension, fin
ing, cashiering or disqualification to hold any
office in the volunteer militia Of this State, aud
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 the Judge advocate
one Of which the president shall forward to INT
officer who ordered such court martial and the
other shall be delivered to the brigade ms pecto
I of his brigade, but record OF the proceeding
= must remain in the hands of such court MARTA
, for the purpose of collecting fines, OR any othe
purpose where fines may be assessed agains
any person by the sentence OF court,martial
: and the sentence has been approved OF by the OF
fcer ordering such court-martial, he shall certl
= fv the same, and cause the same to be collecte
!, as provided by this act.
" Sec. 6O: When any court.martial shall hav
: met agreeable to the provisions of this act, tn
! president of such court shall admlnlste
IS to the Judge advocate the following oath, and q
~ ter being sworn, the Judge advocate shall ad
= mini!ser to the president aud other members I
y :, the court the same oath, viz: You, and each
II YOU do solemnly swear (or affirm that you WI
J. well aud truly try and determine according
"a evidence, the matter now before you, betwet
=, the United States, (or the State of Ohio as Il
- case may be,) and the person TO be tried, al
e that you will truly administer ustice nccordiI
&c to law, without partialty, favor or Affection a
in cording to your conscience, and the best OF yo
/, understanding and custom of war in like cast
;" YOU do further swear Tor affirm) that you W
III not divulge the sentence of the court, until,
ID shall be published by proper authority, Meth
will you disclose the opinion of any particuI
member Of the court, unless required to give G
=, idence thereof in a court of justice, in d
90 course Of law. The judge.alVocate shall pros
er cute, in the name Of the United States, or OF
re State of Ohio, las the case may be) but shall
IN far consider himself as council for the pers
L., accused, as to object to any illegal question
y to the prisoner, or the person accused, or a
H. witness, the answer to which might tend
d. criminate himself lie shall also see right a
H. Justice done to the defendant, on all queStlt
,,o which may arise in q court martial; the your
~ est in commission and lowest in rank shall VI
Ia first, and so on in succession to the Oldest q
lt- highest in rank, and every person giving {
nv dence before court martial, shall be examlI
ne on oath or affirmation, aud all officers compos
a co rt.martill shall he in full uniform,
g Sec; Gl. The party tried by court mar
or shall be entitled to copy of the sentence,
he proceeding Of such court t-martial alter the
IN cison, where demand therefor by him or
persons in his behalf; the commanding oil
or the time being shall have full power OF
doning or mitigating any penalty ordered tt
tor inflicted on any non commissioned officer, music
&C. or private for breach of tho provisions of this
,t by court martial; and every officer, convicted
oU, foresaid, by any court-marta, may be pardoneC
led have the penalty mitigated by tho oliJer orde
no. said eOurt-mlrtpl
~ Sec. 81. The rules and articles of war, and
'ho rules and customs which govern court mar
avs composed of officers of the army Of the U, 81 sha
an all respects govern all court-maIta held unde
provisions Of this net, and tho commander inc
lsI major generals, and brigadier generals, shall
On power to order Il court martial to be held at
M. time and place as they think proper when the
\ ma be necessary to carry into. effcctany of tho
anu visions Of this act not herein expressly provided
lee andin alleases, the officer ordering tho court
. 10 it'd may eonAFm ersdisapproye tho sentence Il
~" See. 90. Any superior may, immediately
day he has arrested any officer, appoint no less
The three nor over five officers, as near the rank
officer arrested, rs no can conveniently getfot
oin purpose, and shall summon them to meet at {
1Hrt tain timo and place, and when met shall eons
roe court of inquiry, whose duty it shall DO
~. quire into tho charges on which such officer "
o'l rested, and ii majority OF said court are sat
and that such charges are not sufficient to cause
,r, martial to assemble In said case or If they ar
isGed the charges are sufficient, they shall, in
APP er caso forthwith report the same under seal
pro- oihcer who ordered the arrest and such Office
IN deripp the arrest shall Immediately after reeC
"" the report of the said court, either discharge Z
'nail Gccr arrested or summon court'martial tort
" SO to try hm. The officer ordering tho arrest sh
governed by the court of inquiry, and the me
eu and witnesses attending II court Of inquiry, sh
hlch paid rs the members and witnesses Of a court
the tial are paid the officer who orders the nrrcs
Ike designate Sn T%a' CUT C"ra ho bOyS the same T nov
said compel the attendance of witnesses as court
men tal5, and either party may serve any process
'.,l cd by court martial, and all officers eompo
oheo court of inquiry shall be in full uniform.
g at Soc. CT. There shall bo allowed to the {
{ tho composing any division, brigade, regmental,
# the pdyocotc oG% thereof one dollar and ty cents 70
such day they may bO necessarily engaged in ira
mine to and from and attending ~ sncn .hO 'JyU, .Sor
VIII similar services in civil cases. and to each
turn t,.o,,,, Va conts far eaeh dav he mny after