Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1857-05-07

1aoA 10 OoA-PooC1 VI - AAna uIc
nor oTer five commissioned officers, whom he sksii sum,
mon for that purpose; and the officer holding the election
by either of the parties to procure the ATTENDANCE on VII
nesses; and all such officers as compose said court shall
appear in full uniform, and the party SO applying shall
serve the same, and endorse the time thereon. which shall
be at least two days previous to the sitting OF such cour.
and shall make a return thereof to the president of said
coaia al the nme and place therein raeutioneds aud each
WitIess thus summoned shall be paid fifty cents for
each day sattendance as such; out of the funds of the
proper brigade, on the certificate Of the presiding officer
OF the court; and such court when met, shall hear and
determine the same, and report their decision in writing
to the officer who holds such return. which decision
shallte hnai and eonclusive; Provided, that notice to
tue adlutant general, of the intention of any elector to
contest the election. of any Major General shall be given
within fifteen days>after the election. r
ARREST.
Sec: 81. On complaint Of a commissioned officer made
in writing to a superior officer touching the conduct of
any officer such superior shall if be think the complaint
a sufficient one for an arrest, cause the officer against
whom such complaint is made to he arrested, and when
any oflcer is arrested as aforesaid the officer whose duty
IT is to arrest, shall notify the officer arrested in writing
that he is suspended from command until acquitted from
such arrest, stating The ground of arrest and place Of
trial.
COURT MARTIAL.
Sec SIS. In all cases where an officer is arrested, the
officer who orders the arrest shall issue any summons
that may be applied for by either of the parties, and par
ties SO applying or any person whom the officers granting
such summons may. appoint may serve the same and
endorse the time and service which shall be at least three
days previous to the sitting Of the court martial, and
shall make return Thereof; and any person who refuses or
| neglects 10 attend a court martial alter beng duly sum
moned shall be fined in. any sum not exceeding fifty dol
lars, which fine shall be collected and applied as 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 neglect to at
tend when legally summoned.
MAJOR GENERALS, %DRIGADIER GENERALS, &C, HOW TRIED.
Sec SO. Major generals shall be tried by court mar
tial appointed by the commander in chief when a major
general shall preside; ~brigadier generals shall be tried by
court martials appointed by a major general, where a
b~rigadier general shall preside, and all staff officers rank
ing as brigadier generals, shall he tried by the same courts
as brigsdier generals; colonies, lieutenant cclonels, ma
jors, captains, and lientenants, or any staff officer ranking
as such, shall be tried by a court martial, appointed by a
brigadier general where a colonel shall preside, if any
there is within the bounds of sid brigade, and IL not,
then a lieutenant colonel or major shall presice; but if
there is neither a lieutenant colonel nor major, then a
captain or lieutenant shall preside; each court martial
shall consist of not less than i've, nor over thirteen mem
bsrs, and to be of rank as near as may be to the rank of
the officer to be tried. if such can be found within the
bounds of any brigade; all court martials shall have pow
er to punish any officer for neglect of duty, disobedi .nce
of orders, or any other conduct unbecoming an ofscer, by |
suspension, timing, cashiering or disqualification to hold |
any Office in the volunteer militia of this State, and in all
cIses 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
the officer who ordered such court martial and the other
shall be delivered to the brigade inspector of his bri.
ade; but a record of the proceedings must remain in the
hands of such court martial fo- the purpose of collecting |
zines, or any other purpose where fines may he assessed
against any person by the sentence of a court martial, |
and the sentence has been approved of by the officer or,
dcring such court martial, he shall certify the same, and
cause the same to be collected as provided by this act.
Sec. 60. When any court martial shall have met,
agreeable to the proyisiors of this act, the president OF
sIch court shall administer to the Judge advocate the
following oath, and after being sworn, the Judge advo-
of the court the same oath, viz: You, and each of Won
do solemnly swear (orahirm) that you will well ard truly
try and determine according to evidence, the matter now
before you, between the United States, Tor the State of
Ohio as the case may be) and the person to be tried,I
and that you will truly administer justice according to
law, without pa-tialty, favor or affection, according
to your conscience, and the best of your understanding
and custom of war in like cases; you do further swear
Tor afirm) that you viii not divulge the sentence of the
court, until it shall he published by proper authority.
neither will you disclose the opinion of. any particular
memi er 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, (as the case NAV
be- but shall so far consider himself as counsel for the
person accused, as to object to any illegal question pat to
the prisoner, or the person accused, or any witness, the |
answer to which might tend to crininate himself He
shall also see right and justice done to the defendant, on \
all questions which may arise in a court martial; the |
youngest in commission and lowest in rauk shall vote |
first, and so on in succession 10 the Oldest and highest |
in rank, ani every person giving evidence before a Court
martial, shall be examined on oath or affirmation. and all |
officers composing a court martial, shall be in full uni
form.
Sec. 81. The party tried by a court martial shall be en-
titled to a copy of the sentence, and proceeding of such
court martial after the decision, where demand therefor
by him or any persons in his behalf; the commanding of
fcer for the time being Shall have full power of pardon
ing or mi;isating any penalty ordered to be inictied on
any non-commissioned officer, musician or private, for a
breach q the provisions ofthis act, by court martial; and
every officer, convicted as aforesaid, by any court martial,
nay be pardoned, or have the penalty mitigeted by the
,ficer ordering said c ,urt martial.
Sec. 62. The rules and articles of war, and the rules
md customs which govern a court martial, composed OF !
ulcers of the army of the United States, shall in all re- 1
spects govern all c,urt martials held under the provision s g
Of this act, and tine comunanderin-chief major-generals
martial to be held at such time and place as they think
proper when the same may be necessary to carry into eff .
feet any of the provisions of this act not herein express
ly provided for, and in all cases, the officer ordering court
martial may confirm or d~isaparove the sentence thereof
Sec. 63. Any superior may, Immediately after he has
arrested any officer, apI OF 1t no less than three nor over
five officers, as near the rank of the officer arrested, as he
can conveniently get fer that purpose, and shall summon
them to inert at q Gel tain time and place, and when met,
shall constitute a court of inquiry, whose duty it shall be
to inquirt into the charges on which such officer was ar
rested, and if a msjority of said court are satisfied that
s1ch charges are not sufficient t. cause a court martial to
assemble in said case, or if they arc satisfied the charges
are sufficient, they shall in either case, forthwith report
the same under seal to the officer who ordered the arrest,
md such officer ordering the arrest shall immediately af
tr receiving the report of the said court, either dis
charge the officer arrested or summon a court martial
to try him. The officer ordering the arrest
shall be governed by the court of inquiry, and the mem
and witnesses attending a court of inquiry, shall be
aid as the members and witnesses of q court martial are |
and the officer who orders the arrest shall designate
what ofbcer is to preside over the court of inquiry, which I
Q rrtshall have the same power to compel the attendance l
IF witnesses as court martials, and either party may serve
my process allowed by court martial, and all officers COM .
posinga court ~ofinquiry shall be in full uniform. S
Sec. "a. There shall be allowed to the officers compos- I
ng any division, brigade, regimental squadron, or battal- !
court martial, and TO the Judge advocate thereof one l
ioiar and nifty cents for each day they may be necessarily l
,ngaged in travelling to and from, and attending at such; c
he provost marshal such compensation as is allowed to ]
for similar services in civil cases, and to each wit .
twenty-five cents for each day he may attend under d
summons and for each day in travelling to and from the S
anne, which compensation shall be paid out of the State I
reasury on the order ofthe president of the court martial, 4.
which order the auditor of State shall endorse. =
OBSERVATION-DISCLOSURES. .
Sec. IS. The commander-in-chief whenever, in his J
pinion, it becomes necessary, may organizes subsistence Y
II commissary department by appointing a comnissary :
cneral, or a general of a subsistence department, with s
he rank of ~brigadier general, and such other assistant z
onmIssaries as he may think necessary, or the good of =
he service may require, with such rank as is conferred P
n officers OF the same station in the Army of the United a
tates, and may also appoint such number of storekeepers | c
other efhcersas the good oftheeervice may require. and N
lay order any or all such officers in actual service when 7
1eir services become necessary. q
Sec. &c. The commander-in-chief, when in d
us opinion, it become necessary, may complete s
he organization of the medical department by u
ppointing a surgeon general, with the rank of
and for each division a hospital surgeon,
With the rank OF lieutenant colonel, and for each
ahospital surgeon, with the rank of ma
Or, and may call any.or all ofsaid officers into ac-
ual service, when their services may be found
lecessary.
Sec. 81. The adiutants of regiments, squad
ons and battalions shall attend to, and record all +
eturns from the commandant of regiments, h
quadrons and batfalions, and record The same in h
book to be provided for that purpose, and shall V
erform such other duties as may from time to n
ime be required ofthem by the commandant of 3
heir regiments, squadrons and battalions; Pro- ii
ided, that when any adjutant shall be absent in
,mmand, the commanding officer shall appoint ;e
suitable person to do the duty of the a%djutant. =
Sec. g.. That the adjutant general of the Fl
tate shall furnish to the commandments of divi- a
for the use of their brigades, blank forms b
f rolls, bonds, and of the different returns O
may be required from time TO time by this n
and explain the principles on which they &
hould be made. e
Sec. 69. The commander in chief shall 81
auSe two thousand conies of .bic MT 70 bo Dr;pt. &