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commissioned Officer, non commissioned Officers or Soldiers
who shall be convicted of having so offended, shall suffer
death or such other punishment as maybe inflicted upon them
by the sentence of a general court martial.
Art. 32. All sutlers and retailers to a camp, and all persons
whatsoever serving with the Continental Army in the field,
though not enlisted Soldiers, are to be subject to the Articles,
rules and regulations of the Continental Army.
Art. 33. No general Court Martial shall consist of a less
number than thirteen, none of which shall be under the degree
of a Commissioned Officer. And the president shall be a
field Officer: And the president of each and every Court
Martial whether general or regimental shall have power to
administer an oath to every witness, in order to the trial of
Offenders: And the members of all Courts martial shall be
duly sworn by the President; And the next in rank on the
Court martial shall administer the oath to the President.
Art. 34. The members both of general and regimental
Courts martial, shall, when belonging to different corps, take
the same rank which they hold in the Army, but when Courts
martial shall be composed of Officers of one corps, they shall
take their ranks according to their commissions by which they
are mustered in said Corps.
Art. 35. All the members of a Court martial are to behave
with calmness, decensy and impartiality, and in giving of their
votes, are to begin with the youngest or lowest in commission.
Art. 36. No field Officer shall be tried by any person under
the degree of a Captain, nor shall any proceedings or trial be
carried on, excepting between the hours of eight in the morn-
ing, and three in the afternoon, except in cases which require
an immediate example.
Art. 37. The Commissioned Officers of every regiment
may by the appointment of their Colonel or Commanding
Officer hold regimental Courts martial for the enquiring into
such disputes, or criminal matters as may come before them,
and for the inflicting corporal punishments, for small offences,
and shall give judgment by the majority of voices; but no
sentence shall be executed till the commanding Officer (not
being a member of the Court Martial) shall have confirmed
the same.
Art. 38. No regimental Court martial shall consist of less
than five officers, excepting in cases where that number cannot
be conveniently assembled, when three may be sufficient, who
are likewise to determine upon the sentence by the majority of
voices; which sentence is to be confirmed by the Command-
ing Officer, not being a member of the Court Martial.
Art. 39. Every Officer commanding in any fort, castle or
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