Year: 1862

PC - oinchuHS to Su,h, is hclcby authorized


to administer:


~, A b, do swear Tor aflirnl that I will
truly try, without prejudice or partiaIity, the
case now depending, according to the evidence


which shall come before the court, the rules


for the government of the navy, and INV own
conscience; and that will not by any means
divulge or disclose the sentence of the court
uhtil 1t shall have been approved 10y the prop
or authority, nor will at any time divulee or
disclose the vote or opinion of any particular
member of the court unless required so to do
before court of Justice in due course Of law. 4"
| ARTICLE XIII.


| All testimony given to q general court- mar
titl shall be on oath or affirmation. which the
| president OF the court is hereby authorized To
administer and II any person shall refuse To
| give his evidence rs aforesaid or sh all preyar-
icate, or shall behave with eontempt To the
court, 1T shall and may be lawful for the court
To impriSon such offender mt their discretion:
; lfottded, That the Imprisonment in no case
/ shall exceed two months. And every person
| who shall commit wilful perjury on eximina-
! tion on oath or affirmation before such court.
| or who shall corruptly procure or suborn, any
! person TO commit such willful perjury, shall
and may he prosecuted by indictment or infor.
| nation IN any court of Justice in the United
States, and shall suffer such penalties as are
authorized by the laws of the United States in
Ns'HSc VI btiJuiN, Ut the SupDfnltlDn thereof.
Ana IN every prosecution for perjury or the
subornaton thereof under this act il shall ha
sufficient to set forth the offence charged on
the defendant, without setting forth the au-
| thonty 10y which the court was held, or the
particular matters brought or intended to be
| brought before said court


ARTICLE XIV.


The following oath shall he administered to
witnesses before courts-martial and courts of
inquiry:


You do solemnly swear Tor, affirm, as the
case may bcb that the evidence YOU shall give
IN the case now before this court shall he the
truth, the whole truth and nothing but the
truth, and that you will state every thing
within your knowledge and recollection in re-
lation To the charges. SO help you God" Tor
THIS you do under the pains aud penalties of
perjury


ARTICLE XIV.


The person accused shall be furnished with
true copy of the charges, with the specitics,-
lions, at the time he is put under arrest nor
shall any other charges than those SO exhibit
be urged against the person to he tried before
the court, unless il appear to the court that
Intelligence of such charge hai not reached |
the officer ordering the court when the person
SO tried was put under arrest, or that some
witness material To the support Of such charge
who was at that time absent can he produced,
In which case reasonable time shall be given
To the person To be tried to make his defence
against such new charge Every officer so ar
rested Is to deliver up his sword to his com
manding officer. and to confine himself to the
limits assigned him, under the pain of disnis
sion from the service


ARTICLE XVI.


When the proceedings of any general court
martial shall have commenced, they shall not
be suspended or delayed on account of the alb
scnce of any of the members provided five or
more be assembled but the court is enioined
to sit from day to day, Sundays excepted, un-
til sentence lie given, unless temporarily adj
jonrned by the authority which convened the |
court. And no member of said court shall |
aftor the proceedings are begun. absent himself
thereirom, unless in case of sickness or orders
to go on duty from superior officer, Oh pain
of being ctshiered.


ARTICLE yyII


IL any member of court-martial shall,
from any legal cause, fail to attend after the
commencement of a case, and witnesses shall
bc examined during his absence, the court
must, when he is ready to resume his seat.
cause every person who may have been ex-
amined in his absence to he called into court,
and the recorded testimony of each witness
must be read over. to him, and such witness
must acknowledge the same 10 be correct,
and be subject to such further examination
aS the said member may require and with
out compliance with this rule and an entry
of it upon the record, Il member who shall
have been absent during the examination OF
IA witness shall not be allowed to sit again in
that particular case.


ARTICLE NyIII.


Whenever a court-martial shall sentence an
officer To he suspended the court shall have
the power To suspend his pay and emoluments
for the whole or any part of the time OF his
suspension.


ARTICLE XIN.


All sentences of courts-martial which shall
extend to the loss of lie shall require the con-
currcnce of twa-thirds of the members present
and no such sentence shall I've carried into exc
cation until confirmed by the President of the
United States. All other sentences may be
determined by majority Of votes, and car
red into execution continuation OF the
commander of the feet or officer ordering the
court, except such as 20 To the dismission of a
commissioned warrant officer, which are
first to be approved by the President of the
United States.


ARTICLE XN.


Every officer who is by this act authorized
to convene courts-martial shall have power on
reyisil Of its proceedings to remit or mitigate,
but not to commute the sentence of any such
court which by this act he is authorized to
approve and confirm.


ARTICLE XXI.
1t shall he the duty of a court martial, in
all cases to adjuige punishment adequate to
the character and nature Of the offence COM
mitted but the members Of a court may re-
commend the person convicted rs deserving
of clcmency, anj state on the record their rea-
sons for SO doing.
ARTICLE XIII.


The Judgment Of every court martial shall
be authenticated by the signature Of the pres
ident and all the members of the same who
| may be present when the said Judgment
shall be pronounced, and also of the judge
advocate.


ARTICLE XIII


Courts of inquiry may be ordered by the
| President of the United States, the Secretary
of the Navy or the commander of fleet or
squadron, provided such court shall not con-
/ sist of more than three members. who shall
! be commissioned officers, and Judge advo-
| cate, or person to do duty as such and such
courts shall have power to summon witnesses,
administer oaths, and punish contempt. in the
same manner us courts-martial. But such
court shall merely state facts and not give
their opinion unless expressly required SO to
do in the order for convening and the party
| whose conduct shall be the subject of inquiry.
or his attorney, shall have permission to cross
examine all the witnesses. .4 s...-.
/ ARTICLE XxIv.


The proceedings Of the courts Of inquiry
shall be authenticated by the signature of the
president of the court and Judge advocate
and shall, in all cases not capital, or extending
to the disrnission of commissioned or war
rant officer, be evidence before a court martial,
provided oral testimony cannot be obtained.
Nt ARTICLE XIV.


The Judge advocate, or person officiating as
such shall administer to the members the fol.
lowing oath or Affirmation


- You do swear (or affirm) well and truly to
, examine and inquire, according tosthe evidence
into the matter now before you, without par
! tiality or prejudice" i
After which the president shall administer
) to the Judge advocate or person officiating as
such the following oath or affirmation


You do swear tor affirm truly To record the
: pr1cediinps of this court and the eviden y tG
: be given in the case in hearing"