New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-13

militia are not enforced, anu tHe eupoiloi
orders duly obeyed in any body OF the
militia, either from want of officers or from
the neglect of those in commission, or from
any other cause, the commander chief IS
authorized to designate any officer TO
take charge of such duty, to do all that
the law requires to DO done by any oHlcef
of i. or that nay be necessary TO restore It's
complete organization; and the Queer 30
designated shall have all the aUCuorlIy'
rights and powers of any OF the oihcers
whose dn;y he performs.
SEC. 60 Be it further enacted, etc, Iha1
all none n missioaed officers Of companies
shall be obliged to serve Two years; Ger
tiiicate Of their appointment, signed Dy the
r1glmental commander, shall be luh EVIL
SEC. 81. Re it luther enacted. etc, That
if any officer q the militia be
accused OF an oii1rse coLnmHteu
while in active services or on parade, Tor
which 81 officer in the army Of the United
States would be liable to be arrested anc
tried by a. COurtmartial he shall, If found
guilty, be sentenced 10 be rewimanded,
suspended fer certain period or caahlered,
the court shall sCjudge him incapable OF
holding an office in the militia fo- lie or for
not less shan one year, according TO tue
gravity Of the otitnss. An sentences shall
De PUBLISHED IN orders by the commander
in chief, end as he may further direct.
SEc. 81. Be il further enacted, ETC., That
any oicer may, when in active service or
on parade, arrest an inferior for an otferse
cognz4be by h Court-martial, of which ar.
rest the immediate superior OF the accused
shall Be forthwith uOJlied.
SEC. s.. Be II further eng 5ed, ETC., That
shy parson accusing an officer Of an otleuse
for u hich he you'd be liable to be tried By
q coUrt-inartial, shall lay his complaint bs-
fore the lmme Hate superior OF the accused,
vino shall transmit it with his own observa-
tons thereon, to the commandment
the latter shall canse TO De detailed q court
martial to try the accused, If the OL.nse
appears to merit it, or shalt direct tue &C.
cused to be brought before q court Of assess
ment &5lhe case may seem to require, or
he may order q court OF inquiry, upon whose
report he may decide what 10 do, or may
dismiss the complaint The officer before
whom the complaint is first made may either
arrest the OF nder, or postpone his arrest
Until before the court martial.
SEC g.. Be j. further enacted, etc, That
the. commander-in chief shall order a..
courts Dartial and cUHrts o. inquiry and
general courts OF assessment, but he may
direct the detail for these courts, or any
part of il, 10 be made By any other officer OF
competent rank.
SEC. Go. Be it further enacted, etc, That
8 court martial shall consist Of q president,
az least six members, and rot more than
twelve, a Judge advocate and provost mar
shall. 4 court Of inquiry and court of assess
ment shall each consist OF president, two
members, judge advocate aid provost
marshal
SEC. 66 Be 1t further enacted, etc, Tina.
when the commander in-chief orders court.
martial for the trial of any officer, or court
OF inquiry to examine into the charges, he
shall give to the Judge advocate a copy OF
the charges and specifications on which the
accusation is made. The judge advocate is
authorized 10 put such charges and speciti-
cations into legal form, without altering
their substance, and shall then have copy
served on the accused by the provost mar.
shal at least ten DAYS before the assent bling
CT the court and allowing the accused also
one Gay more for every twenty miles from
his domiCil to the place Of sitting q the
court.
SIC. 67. Be il further enacted, etc, That
there shall always be detailed four supernu-
merary members for q court martial, and
two supernumtr ary members for courc Of
inquiry or asses ,nent, who shall attend the
court until il is organized, to rep ace those
absent or excused from serving.
SEC. 50. Be it further enacted, ETC., That
the president, members ard Judge advocate
Of Courts-martiai and courts of inquiry and
courts Oi GSsbseiuSUb EItdlt LGhC VIC va 10
and be governed by the rules and regula-
.ions laid down for the army and militia III
the service Of the United States Changing
what ought 10 be changed); but they may
hold their sessions at night.
SEC 60. Be it further enacted, etc, That
the provost marshal, upon receiving his ap-
po.n.ment, shall take an oath faithfully 10
perform the duties of bis office, before any
Justice of the Peace, and shall present the
LII, h.,G &c
first sitting, TO be recorded among their pTo-
ceedings.
SEC. 20. Be it further enacted, etc, That
the Judge adyOcate shall Issue summouses
for all Witnesses, which the provost marshal
shall serve; and il any witness, duly sum.
noned, tall 10 appear, the court martial
may fine him not more than twenty dollars,
to be recovered in the manner provided in
section Gtty.One, and attach him, and
compel his appearance.
SEC. Il. Be il further enacted, etc, Tha,
courts mertial courts Of inquiry and courts
Of assessment shall have power 20 maintain
order in their presence, and to COMM: to
the prison Of the pa;isb in which either
may be sitting, tor not more than twenty
four hours, all persons guilty q any preach
of order which would render them liable %
be committed 70 prison in court OF law.
All process Of either court in the mainten-
aDCH Oh tLS UIGtI anu dOknCAity3 shfSI- ~
served by the provost marshal; nor Will the
execution of any such process be suspended
by the dissolution Of the court.
Sec. ~. Be it further enacted, etc, That
an officer arraigned before 8 court shall not
have the right to challenge any member,
unless Tor cause.
SEC. 70. Be it further enacted, etc, That
the proceedings and sentence OF court
martial shall be referred to the commanded
- y ha NJ
shall be executed accordingly, unless ne
see TT to remit the punishment; II he dis
approve it, the proceedings will end, unless
he send back the matter to be reGonsldered
by the court.
SEC. r.. Be il further enacted, etc, That
the member Of each coUrt.martlal, court OF
inquiry or court Of assessment shall, Tor
their term of service as such, be
as called into active
service, and shall receive pay for
the time actually employed in their duties,
which shall be paid them by the State
Treasurer upon thelr own warrants, III the
manner herelnbefore provided.
SEC. 75 Be il further enacted, etc, That
lieutenant cOiOnels and majors,
tor absence from parade or neglected duty, in
of law not subjecting them
to be tried by a court martial, snail be fined
by brigade court Of assessment, not less
than tive dollars nor more than one hun
dred; brigadier and major generals, for
similar offenses, by q general court Of as
sessment, not less than fifty dollars nor more
than two hundred dollars. Said fines 70 be
recovered before any court OF competent
Jurisdiction IN the manner prescribed IL sec
ton ifty-one.
SEC. rs. Be Il further enacted, etc, That
brigade and general courts Of assessment
shall be ordered whenever necessary by the
Comman der,in-Chief.
SEC. II. Be it further enacted, etc., That
when any major, lieutenant colonel, or coll
onel, shall be absent from parade or guilty