The daily Evansville journal. (Evansville, Ind.) 1862-1863, 1862-10-24


offender to a eourt- artiel nor shah he inflict, or
cause or permit TO be inflicted, upon any petty
officer OF person OF inferior rating, or marine, any
Punishment for single offence or at any time
other than one of the following punishments viz.
himself re-. +"A
Second Conhhsihe4f with or without irons, sin
gle or double, such confinement not TO exceed ten
days, unless keeessary in the Of prisoner to
be tried his court-martial.
Tha'd Solitary confinement on bread and water
mot c<cseding five days.
kosrth. Solitary confinement not exceeding seven
days.
FinA. Deprivation Of liberty on shore.
Stxfh. Extra duiies.
No other punishment shall be permitted on
board Of vessels belonging to the navy, except by
sentence Of general or summary eourt-martlai:
Summary courts-martal may disrstc any rated
person for incompeteDcy. All puntshments M
ficted by the commander, or by his order, except
rsprimands, shall be fully entered upon the ships
log. .,-,
yened as often as tho President Of the United
States, the Secretary of the Navy. or commander
n-chcf Of fleet or squadron shall deem 1t neces-
sary: Prorided, That in the waters of the United
States no commander in-chief of a fleet or squad
| ron shall convene general court-martial unless
| by express authority from the President of the
| United States: Propidsd, also, That no general
urt-martia' shall consist of more than thirteen
| nor less than five commissioned officers as men,
| bers and many officers shall be summoned on
| every such. court be convened without in
Jury to the service, so Us not to exceed thirteen
| and the senior officer shall always preside, the
others taking place according to their rank; and
and in no case where II can be avoided without in
| jury TO the service shall more than one-half the
members, exclusive of the president, DO junior to
4 the officer to be tried. e~=..
| ART. IL. Thespresident of the court is author
ized aud required to administer the following oath
or affirmation to the Judge advocate or person
| Officiating such:
II, A B, do swear Tor affirm that will Keep
true record of the evidence given to and the pro-
1 cpadinua of this court. will i dIyulQo by
| any means disclose the sentence Of the court until
| it shall have been approved by the proper author
ity; nor will at any time diyulge disclose the
| vote opinion of any particular member Of the
| court, unless required SO to do before court of
| Justice in due course of law"
This oath or affirmation being duly administer
ed each member Of the court before proceeding TO
trial. shall take the following oath affirmation,
which the judge advocate, OF person ofhciating as
SUCH is hereby authorized to administer:
| al, A b, do swear (Lr affirm that will truly
try, without prejudice or partially, the case now
depending, according 10 the evidence which shall
come before the court the rules for the govern
| mcnt Of the navy, and my own conscience; aud
| that will not. by any means divuige or disclose
the sentence of the court until 1t shall have been
approved by the proper authority, nor will 1 at
any time dvulge disclose tn vote or opinion Of
any particular member Of the court, unless re-
quircd to do before & court Of justice in due
course.of law" L
Arr. 3 All testimony given to general court
martial shall be on oath or affirmation, which the
president Of the court is hereby authorized to ad-
minister; and il any person shall refuse to give
hiseyidence Aforesaid, or shall prevaricate, or
| shall behave with eontemptto the court it shall
aud may be lawful for the court to. imprison such
| offender at their discretion: Prorided, That the
| Imprisonment In no case shall exceed two months
| And every person who shall commit wilful perjury
| on examination oath or affirmation before sucn
| court who shall 'corruptly procure, or suborn
any person to commit ouch wilfu perjury, shall
| and may be prosecuted by indictment or Informal
ton in any court of justice of the United States,
and shall suffer such penalties as are authorized by
the laws of tn United States in cases Of perjury
| or the subornation thereof And in every prose
| ton for perjury, the subornatiOn thereof under
this act ii shall he Sufficient TO set forth tho often
charged the defendant, without setting forth
| the authority by which the court was held or the
| particular matters brought or intended to be
| brought before said court.
Arr a. The following. oath shall be administer
ed to Witnesses before courts-martial and courts Oh
aYeu do solemnly swear Tor affirm as the case
may bel that the evidence you shall give in the case
now before this court shall be the truth, the who'll
truth and nothing but the truth, aud that you viii
state every thing within your knowledge and recoE
lection in relation to the charges. So help yor
God y for this you do under the pains and penal
ties of perjury.)
Art. IS Tie person accused shall be furnished
with true copy of the charges, with the specifca
tons at the time he is put under arrest; por shall
any other charges than those exhibited be urges
against the person to be tried before the court,
less it appear to the court that intelligence Of sucl
| charge had not reached TIA. officer ordering tn
| rest, or that witness material to the suppor
| of such charge, who was at that time absent cal
be produced, in which case reasonable time shall
given To- the person to be tried to make his defenc
| again st such new charge Every officer arr. ste
| is to deliver up his sword to his commanding Off
GER and to eenine himself to the limits assignc
him, under the pain OF dismlsslon rom the ser
Ant. l6. When the proceedings Of any goners
| court-martial shall have commenced, they sha
| not be suspended or delayed on account of the at
sepce Of any Of the member , provided five MOI
he assembled but the court Is enjoined to sit froI
day to day, Sundays excepted, until sentence /
| given unless temporarily adjourned by the author
ity which convened the court. And no member (
said court shall, after the proceedings are begun
, | absent himself therefrom, unless in of sick
ness or oder to go on duty from superior officer
i pain of being cas- hiered. ~
, ART IL Ii a member of court-martiaI shall
from any legal cause, fail to att nd after the com
-mencement of case and witnesses shalI be exam
| ued during his absence, the court must, when
ia ready to resume hisseat, cause every person VIII
l may have been examined in his absence to becalle
into court, and the recorded testimony of each wi
ness must be read to him, and such witne
: 1 must acknowledge the same to be correct, aud
subject to such further examination as the sal
1 number may require; and without a compiian
with this rul0, and an entry OF II upon the recor
: a member vino shall have been absent during I'll
4 examination of witness shall not be allowed to
| again in that particular case. eE4o
a ART IS. Whenever acourt- martial shall senten
an officer to be suspe uded, the court have thepe
to suspend his pay aud enrolumcnts for the whole
q any part OF tn time OF rs suspension.
. Arr. Ig. All sentences of courts martial whic
shall extend the loss of life shall require the col
currence of twothirds of the Nom ers present. an
such sentence shall be carried into execution vi
| til confirmed by the President of the United State
r All other sentences may be determined bya MAORI
of votes and carried into uton confirinatiC
of the commander Of the fleet, officer ortieriI
. the court except such 80 TO the disrnission of
commissioned or warrant officer, which are firsta
r | proved by the President Of the United Statcs.
ART % Everyoficer who by this act is author
n zed to convene martial shall have power
ey.sstl of its proceedings to remit or mitigate,
not to commute the sentence Of any such e0urt VIII
by this act he is authorized to approveand eonfir
q ART 81 1t shall be the duty, of couTt-mart'
# In all cases of conviction to adjudge punishme
adeauateto thecharacter and nature Of the often
II | committed !; but the members of court may
o commend the person convicted as deserving
r clemency and state on the record their reasons
" so doing. . .lal1e slfi
n ART q The Judgement OF every court-lnart
shalt be authenticated by the signature of the PR
II ident and all the membersof the same who may
> present when the said judgement shall be pronour
ed and also of the judge advocate. .sTe3
i ART % Courts of inquiry may be ordered
N the President OF the United States The Secretary
ia the NAVY, or the commander of feet or squadrt
> nroyisei such court shall not consist Of more tn
" three members, who shall he commissioned office
and Judge advocate, orpcrson to do duty as sue
IT. and such courts shall have power TO summon W
l. nesses ad minister oaths, and punish contempt,
"a | the same manner courts-martial. But su
court shall merely state facts, and not give tn
tt opinion unless expressly required SO TO do in
/: order for converting and the party whose cond
at shall DO the subject Of inquiry, or his attorn
shall have permission to cross-examine alfthe "
s. ncsscs; $500 ....s - .s..t. .
as Ar "a. The proceedings Of the courts Of
e. oury shall be authenticated by the signature