Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1863-01-29

nation to the judge advocate person officiating
such
81, B, do swear Cor afirm) that will keep true
record OF evidence given to and the proceedings of
the sentence of the court until it shall been ap-
proved by the proper authority nor will at any time
dvuge disclose the vote opinion of any particular
member of the court unless required to do before
court OF justice in due course OF law"
This oath affirmation being duly administered,
each member Of the court before proceeding to trial.
shall take the following oath affirmation which the
judge advocate, officiating as such, is hereby
authorized to administer:
81, B, do swear Cor AFFIRM that will truly try
without prejudice Partially the depending
according to the evidence which shall come before the
court rules the of the navy and my
own conscience and that will not by any d.
vulge disclose the sentence of the until it shall
have been approved by the proper authority will
at time divuge or disclose the vote opinion Of
any particular member of the court unless re-
sw 50 to do before court in due of
Article Is. All testimony given to general court
martial shall be oath or affirmation, which the pres
ident of the court is HEREBY authorized to administer
and any person shall refuse to give his evidence
aforesaid, or shall preyarcate, or shall behave with
the court to imprison such offender their discretion
Provided, That the imprisonment in shall ex-
| coed two months And every person who shall COM
NIT wiful perjury examination oath atfrma-
ton before such court who shall corruptly procure,
suborn, any person to commit such wlful perjury,
shall and may be prosecuted by Indictment informal
ton court OF justice OF the United States, and
shall suffer such penalties as are authorized by the laws
OF the United States of perjury, the subor
nation thereof And In prosecution for perjury
the subornation thereof under this act it SHAH be
sufficient to set forth the offence charged the defend
ant, without setting forth the authority by which the
court was held or The particular matters brought
| tended to be brought before said court
Article II. The following oath shall be administer
ed to witnesses before couitsmaral and courts OF
"You do solemnly Cor affirm, as the case may
beg that the you ss give IN the now be-
tning within owiedse and resollecelon
N
| you do under the pains and penalties of perJury)
Article Is. TIE person accused SHAH be furnished
copy OF the charges, with the specifications
a the time he put under arrest shall any other
charges tnan those so exhibited be urged the
person to be tried before the court 1t appear
| lne court that intelligence OF charge nad
reached the officer ordering the court when the
so ried was put under arrest or that some witness ma
rerlai to the support OF such charge, who thai
time absent Oe produced winch Case reason abe
time shan gwen TO the person be tret u miAe
against such charge. Every Officer
arrested IS TO denver up ms sword 10 BIS eommln Linz
officer, and to condne nnsef tv the limits ass.gie
Am, under the pam VI disnss. on from the segv
Article 10. When the proceedings or any gedeTa
couft.martla SHAH have commsnced they aot b.
suspended or delayed on account OF ns 1sene OF anJ
Ut the members, provided nv9 be assembled
Out the court enoined TO SIT from day to day, sun
days excepted, until sentence BIZ gIyen
rlly adjourned Dy the authority winch conven.I
court. And no member OF said court shat, aIler ta
proceedings begun absent hum hs.etrou,
of sickness orders go duty supc-
.t,r officer on pain OF be ng casa cred.
any legal cause, fail to attenI after
of case and witnesses shall be during
absence the court must, when he Ia ready TO resum
seat, cause every person who may have
med IN mis- absence to be called INTO court and the re-
corded testimony of each witness be real over u
I'm, and such witness must aekno Wedge the same u
correct and be subject to such turtle. nation
as the said member may require; and without com
ord member who shall have been absent during the
| examination of witness shall not lie allowed 10 sill
| again in that particular case
| Article Is. Whenever a court-martial shall
officer to be suspended, the court shall have
the power to suspend his and emoluments tor the
| whole or any part OF the TIME OF his suspension.
| Article 49, All sentences OF eourts-martla! which
shall extend to the loss of life shall require the concur
of twothirds of the members present no sub
shall be carried into execution until confirmed
by the President of the United States All other SEN
fences may be determined by majority of votes, ana
carried into execution on confirmation Of the COM
mander of the feet officer ordering the court, except
such to the dlsmission of commissioned or war
rant officer which first to be approved by the Pres
| dent of the United States
Article 20. Every officer who is by this act author
lied to convene courts-martia shall have power
.isal of its proceedings remit mitigate but not to
commute the sentence any such court which by this
| acthe is authorized to approve and confirm.
Article 81. 1t shall be the duty of courtmartal, in
all cases of conviction, to adjudge punishment ade-
quate to the character and nature of the offence
| mitted but the members of a court may recommend
the person convicted as deserving of clemency and
| state on the record their reasons for SO doing.
| Article %. T ie judgment of every court-martal
shall be authenticated by the signature of the president
and all the members of the who may be present
when the said Judgment shall be pronouncedand also OF
| the Judge advocate.
President of the United States the Secretary of the
Navy, the commander of a feet squadron, pro-
mmbsrs N VIC shall he eornrn;ssonad Officers and
Judge advocate or person to do duty as such and
such courts shall have power TO summon Witnesses ad-
minister oaths and punish contempt, in the same man.
ner courts-martal. But such court shall merely
required so TO do in the order converting the
party whose conduct shall be the subject OF inquiry,
his attorney shall have permission to crossexamne al
the witnesses.
Article "a The proceedings of the court of inquiry
shall be authenticated by the signature of the presden
of the court and judge advocate and SHALL IN all cases
not capital, extending to the dismisslon OF com
court martial, provided oral testimy cannot be OBJ
tanned.
Article 25 The Judge advocate, or person ofciatn:
such, shall administer to the members the following
| oath affirmation
s'You do swear Cor affirm) well and truly to examin
and inquire according to the evidence, INTO the matte
| now before you, without Partially prejudice"
After which the president shall administer to tn
Judge advocate or persons officiating SUCH the follow
"You do swear Cor affirm truly to record the pro
ceedngs of this court and the evidence be given il
the case in hearing"
Sec. ?. And be Il further enacted, That the pro
ceeds of all ships and vessels and the goods taken
board of them which shall be adudged good prize shall
equal superior force to the vessel vessel
making capture be the sole property of the capor
and when of inferior force shall be divided equally
tween the United States and the officers and men MAX
Sec s. And be IL farther enacted, That the priz
money belonging to the officers and men shall be dis
tributed in the following manner
| ron one twentieth part OF all prlze money award
ed vessel vessels under his immediate command
Second. To the commander OF single ship,one tent
part of all prize money awarded TO the ship under b
Command, if such ship, at the time of making the cap
ture, under the immediate command of the CON
mandng officer of feet squadron, and three-twer
tieths if his ship acting independently of such 81
Third. The share of the commanding officer of tn
feet squadron if and the share of the command
the ship being deducted, the residue shall be di
trbuted and apportoned among all others doing dut
board and borne upon the looks according TO the
respective rates of pay in the service
! | Fourth. When one more vessels of the navy sha
he within signal distance of another making prize a
shall share in the prize, and money awarded shall
apportioned among the officers and men of the
vessels according to the rates of pay of all boar
r | who borne upon the books, after deducting on
twentieth TO the aag-oicer, if there be any such ent
= FJm No commander of a feet or squadron shall
not under h immediate command /; nor of such prz
a NAV have been taken by ships vessels intended
placed under his command before they have act'
| under his immediate orders nor shall comman Ter
feet squadron, leaving the station where he hi
] the command, have any share in the prizes taken
hips left such station after he has gone out of Il
limits of his said command, nor after he has transfe
q | red his command to a successor.
| Sirth. No officer other person who shall ha
temporarily absent duty from the vessel Il
books of which he continued TO be borne while so a
. titled -
SEC. 4. ind be it further enacted. That boun
shall be paid By the United States for ca person
board any ship vesselof-war belongn to enen
1T the commencement of an engagement which shall
sunk or otherwise destroyed in su engagem mt,
any ship vessel belonging to the United State,
which it may be necessary to destroy consequence
i injuries sustained in action, of one hundred dollars,
the enemy's vessel Of inferior force and cf +
| v,ded among the officers and Grew in rhe
: | pr money and when the actual number of m
on board cannot be satisfactorily
tanned, shall be estimated according to the compl
ment allowed of their class in the of Il
United States there shall be paid bounty to Il
captors of any vesse-of-war captured from enem
which thew NAV instructed to destroy wich shs
: be immediately destroyed for the publ interest b,