Duty of offi- $ 26. In case of any invasion, or of imminent danger thereof, of invasion. within the limits of any division, brigade, regiment or separate bat cers in case Ib. Ib. Persons disabled provided for. Drafts, how made. Ib. Ib. Persons may offer substitute. Distribution of arms. Pesons may be put under guard. Ib. talion, it shall be the duty of the commandant of such division, brigade, regiment or separate battalion, to order out for the defence of the territory, the militia or any part thereof under his command. $ 27. It shall also be his duty to give immediate notice of such invasion, and of the circumstances attending the same, to his immediate commanding officer, by whom such information shall be trans mitted with the utmost expedition to the commander-in-chief. $ 28. The commandant of every regiment or separate battalion, within the limits of which an insurrection may happen, shall immediately assemble his regiment or battalion under arms, and with the utmost expedition, shall transmit information of such insurrection to the commandant of his brigade, and to the commander-in-chief. $29. Every person who, while in the actual service of this territory, shall be wounded or disabled, in opposing or suppressing any invasion or insurrection, shall be taken care of and provided for at the expense of the territory. $ 30. Whenever the president of the United States, or the commander-in-chief, shall order a draft for [of] the militia for public service, such draft shall be made in each company in which it is required, by lot to be determined at a company parade ordered for that purpose. $ 31. Each non-commissioned officer, musician or private, present at such parade, shall draw to make up the quota required, and each person drawn shall fill such grade in the militia drafted, as he was entitled to when drawn in his own company. $32. One of the commissioned officers shall draw for every person subject to the draft who shall refuse to draw, or be absent from the parade, and such draft shall have the like effect as if the person so refusing or absent, had drawn himself. $ 33. Any person so drafted may offer a substitute at or after the time of rendezvous of the drafted militia, and such substitute, if he be an able bodied man of the age of twenty-one years, and shall consent in writing to subject himself to all the duties, fines, forfeitures and punishments, to which his principal would have been subject had he personally served, shall be accepted by the commandant of the company of drafted militia to which his principal may belong. $34. The commander-in-chief shall prescribe such rules, orders and regulations, relative to the distribution of arms, ammunition and military stores, to the militia when called into actual service as he may deem proper. $ 35. The commandant of companies are hereby authorized to put under guard, or to commit to prison for the day, and to return to the proper court-martial, any non-commissioned officer, musician or private, who shall appear on parade wearing any false face, personal disguise or other unusual ludicrous article of dress, or any arms, weapons, or other implements or things not required by law, and which are calculated to interrupt the peaceable and orderly discharge of duty. $ 36. Any commissioned officer of division, brigade, regiment, separate battalion or company, present at any parade, is hereby authorized to put under guard, or to commit to prison for the day, any person or persons, who shall upon or near any parade ground, field, public highway, or any other place occupied by the militia under arms, by means of ludicrous disguise, dress, arms and instruments, or by any other means disturb the peaceable and orderly proceedings of those under arms; and the jailer shall receive and confine such persons in the debtors department of the jail, pursuant to the order of commitment which shall be issued and delivered to him in virtue of this or the preceding section. $ 37. It shall be the duty of each commandant of a regiment or Description separate battalion, within twenty days after the annual inspection, of regiment. to furnish the commandant of his brigade a local description of such regiment or separate battalion, together with a roster of the commissioned officers of such regiment. $ 38. It shall be the duty of each brigade inspector, within thirty Statement of days after the annual review, in each year, to transmit to the adju-review. tant-general a statement of the review, and inspection of the several regiments and separate battalions in his brigade, accompanied by the division and brigade staff armed and equipped as the law directs. ral. $ 39. In case any general officer, or any member of his staff, shall Duty of adneglect to attend such inspection and review, it shall be the duty of jutant-genethe adjutant-general to require such officer to render an excuse, in writing, to the commander-in-chief, for his delinquency. If the commander-in-chief shall deem such excuse insufficient, he shall order a court-martial to try the delinquency. TITLE VI. OF COURTS OF INQUIRY AND COURTS-MARTIAL. ARTICLE FIRST. $ 1. Courts of inquiry may be instituted by the commander-in-Courts of chief, or the commanding officer of division or brigade in relation to inquiry. those officers for whose trial they are authorized to appoint courtsmartial, for the purpose of investigating the conduct of any officer, either by his own solicitation or on a complaint, or charge of improper conduct, degrading to the character of an officer; or for the purpose of settling rank. $ 2. Such courts shall consist of not less than three nor more than 5. five commissioned officers; and the president shall, without delay, report a statement of facts to the officer instituting such court, who may, in his discretion, thereupon appoint a court-martial for the trial of the officer whose conduct shall have been inquired into. § 3. Every court-martial for the trial of a major-general shall be courts-marordered by the commander-in-chief, and shall consist of thirteen offi- tial. cers, any nine of whom shall constitute a quorum. $ 4. Every court-martial for the trial of a brigadier-general shall 1. be ordered by the commander-in-chief, and shall consist of nine officers, any seven of whom shall constitute a quorum. $5. All other courts-martial, for the trial of other commissioned 16. officers, shall consist of seven officers, and [any] five of whom shall constitute a quorum, and shall be ordered, if for the trial of officers above the rank of captain, by the commanding officer of division, and for all other officers by the commmanding officer of brigade. Requisites $ 6. No officer arrested shall be brought to trial, unless a copy of the before trial. charges and specifications, certified by the officer ordering the arrest, shall be delivered to him, or left at his usual place of abode, within three days after his arrest; nor unless the officer ordering the courtmartial shall have ordered the same within thirty days after receiving notice of the arrest and a copy of the charges and specifications; nor until ten days after a copy of a list of the names of the officers detailed to form the court shall have been delivered to the officer arrested, or left at his usual place of abode. Vacancies. Challenge. $7. The officer ordering the court may at any time supply any vacancy that from any cause may happen therein. $ 8. If the officer accused shall have any cause of challenge to the president he shall, within a reasonable time after receiving a copy of the charges, and a list of the members, deliver his cause of challenge, in writing, to the officer ordering such court, who shall thereupon determine as to the validity of such challenge; and if, in his opinion, the causes are sufficient, he shall appoint another president of such court. Oath. court, secret. S 9. After the court shall be assembled, and after all charges, [challenges] if any, are made, shall have been determined, the judge-advocate, whether commissioned or special, shall administer to each member the following oath: "You do swear that you will faithfully discharge the duties of a member of a court-martial now assembled, according to the best of your ability." Sentence of $ 10. Every judge-advocate, whether commissioned or special, and every member of a court-martial, shall keep secret the sentence of the court until the same shall be approved, or disapproved, according to law, and shall keep secret the vote or opinion of any particular member of the court, unless required to give evidence thereof by a court of justice. Limit of sentencé. To whom to be delivered. Transmitted $ 11. The sentence of any such court-martial shall be according to the nature and degree of the offence, and according to military usage, but shall not extend further than cashiering the officer convicted, and disqualifying him from holding any office in the militia of this territory, and imposing a fine not exceeding one hundred dollars. $12. The proceedings and sentence of every such court-martial, shall, without delay, be delivered to the officer ordering the court, who shall approve or disapprove thereof within fifteen days thereafter, and shall give notice of his approval or disapproval to the president of such court-martial, and to the arresting officer, and he may at his discretion, publish the sentence, as approved or disapproved in orders. $ 13. He shall also transmit, such proceedings and sentence, and generatant his approval or disapproval thereof, to the adjutant-general, to be Appeal. kept in his office. $14. The right of appeal to the commander-in-chief, as it now exists by military usage, is reserved, but no appeal shall be received unless made within twenty days, after the decision appealed from is made known to the person appealing. ARTICLE SECOND. Of Regimental and Battalion Courts-Martial. tial, how $15. The commandant of each regiment and separate battalion, Courts-marshall, on or before the first Monday of June, in every year, appoint a composed. regimental or battalion court-martial, to consist of three commissioned officers, one of whom shall be a field officer or captain, and shall be appointed president thereof. $ 16. The officer appointing the court, shall fix the day on which Time of conit shall convene; and when convened, the court may adjourn from vening. time to time, as shall become necessary for the transaction of business; but the whole session of the court, from the day on which it shall convene, shall not exceed one week. his $ 17. In case any vacancy shall happen in the court, or a new Vacancy. court shall be required, the officer ordering the court, his successor in command, may fill such vacancy, or order a new court. or $18. The president and each member of such court, before he oath. shall enter on his duties as such, shall take the following oath : "I do swear, that I will well and truly try and determine, according to evidence, all matters between the people of the United States, and any person or persons which shall come before a regimental (or battalion) court martial of which I have been appointed president (or a member."). $ 19. Such oath shall be taken by the president, on or before the ib. day on which the court shall convene, before a justice of the county in which he may reside, or a field officer of his regiment or battalion; and it shall be the duty of such justice, or field officer, to administer the oath without fee or reward. The president shall administer the oath to each of the members. summoned. $ 20. The president of the court shall direct a non-commissioned Delinquents officer, or other fit person or persons, to be by him designated, to summon all delinquents and parties accused, to appear before the court at a time and place to be by him appointed. summons. $ 21. Such non-commissioned officer, or other person or persons so Return of designated, shall make the like return, and with the like effect as commission and non-commissioned officers are authorized and required to make in cases of warning to a company, or regimental parade, and shall be subject to the like penalties for neglect of duty. of court. $ 22. The court, when organized, shall have the trial of all delin- Jurisdiction quents and deficiences in the regiments or battalions for which it shall have been called, and shall have power to impose and direct to be levied all the fines to which commissioned officers of companies, and non-commissioned officers, musicians or privates are declared to be subject in [the] first article of the 6th title of this act. iered. $ 23. No fine, imposed by a regimental or battalion court-martial officer cashon a commissioned officer, shall prevent such officer from being tried and cashiered for neglect of duty by a court-martial, ordered by the commandant of his brigade. of fine. $ 24. Every such court-martial may mitigate or wholly remit any Remission penalty or fine, directed to be imposed for any deficiency, in arms or equipments of any delinquent in any company of infantry, whom the court shall adjudge to be so poor as not to be able to furnish himself with such arms or equipments. Appeal. Subpœnas for witnesses. nesses. $ 25. From the sentence of any such court imposing a fine for any delinquency, an appeal, if made within twenty days, shall be allowed to the officer instituting the court, or to his successor in command, who may remit or mitigate such penalty or fine. In case the delinquent was not personally summoned to appear before such court, and did not appear, he shall have ten days, after personal notice of the sentence, in which to appeal from the decision of the officer instituting such court, or of his successor in command. An appeal, if made within ten days after personal notice of such decision, shall be allowed to the commanding officer of the brigade, who may remit or mitigate such penalty or fine. ARTICLE THIRD. General provisions applicable to all Courts-Martial and Courts of Inquiry. $ 26. The president of every court-martial, and of every court of inquiry, both before and after he shall have been sworn, and also the judge advocate, if required, shall issue subpœnas for all witnesses, whose attendance at such court, may, in his opinion, be necessary, in behalf of the people of the United States, and also an application for all witnesses in behalf of any officer charged or accused, or person returned as delinquent, and may direct the commandant of any company to cause such subpœna to be served on any witnesses residing within his district. Oaths to wit- $ 27. The president of such court-martial, or court of inquiry, shall have power to administer the usual oath to witnesses, and shall have the same power to compel attending witnesses to be sworn and testify, and to preserve order, as courts of common law jurisdiction; and all sheriffs, jailers and constables are hereby required to execute any precept issued by such president for that purpose. Penalty for non-attendance. Contempts, how punished. b. $ 28. Every witness not appearing in obedience to such subpœna, when duly served, and not having a sufficient or reasonable excuse, shall forfeit to the people of this territory a sum not less than five or more than fifty dollars; and the president of such court shall from time to time report to the district attorney such offence, the name of all such delinquent witnesses, together with the names and places of the residence of the persons serving such subpœnas, the better to enable him to prosecute for such forfeiture. $ 29. Any person or persons who shall be guilty of disorderly, coninsolent behavior in, or use any insulting or temptuous, or contemptuous, or indecorous language, or expression to, or before any courtmartial, or court of inquiry, or any member of either of such courts in open court, may be committed to the jail of the county in which such court shall sit, by warrant under the hand and seal of the president of such court. $ 30. Such warrant shall be directed to the sheriff, or any or either of the constables, or marshals of any such county, or any officer attending the court, and shall command the officer to whom it is directed to take the body of such person and to commit him to the jail of the county thereof, to remain without bail or mainprise in close confinement for a time to be limited, not exceeding three days, and until the officer's fees for committing, and the jailer's fees be paid. |