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ROBERT BOWIE, ESQUIRE, GOVERNOR.
shall receive such compensation as the court-martial may deem
reasonable. |
1811.
CHAP. 182. |
Art. 13th. No commissioned officer charged
with transgressing
these rules shall be suffered to do duty in the brigade, regiment,
battalion or company, to which he belongs, nor to resign his commission
until he has had his trial by a court-martial, and every person
so charged, shall be tried as soon as a court-martial can conveniently
be assembled, and shall be furnished by the adjutant general,
the brigade-inspector, adjutant of the regiment, or other
person, (as the case may require,) with a copy of the charge or
charges exhibited against him, at least ten days before his trial,
that he may have an opportunity to prepare his defence; and in case
any delinquent, being duly notified of the time and place of meeting
of any such court-martial, who shall refuse or neglect to attend
the said court-martial, is authorised and empowered to proceed
to the trial of such delinquent in the same manner as if he
were personally present. |
Officers transgressing
rules to be
tried. |
Art. 14th. If any officer or private shall
think himself injured
by the commanding officer of the regiment or extra battalion, and
shall upon due application made to such commanding officer be refused
redress, he may complain to the brigadier-general, who, on
finding that the person complained of has violated this law, shall
direct the inspector of the brigade to summon a brigade court-martial,
that justice may be done to such officer or private. |
Persons conceiving
themselves injured
ma complain
to brigadier. |
Art. 15th. If any non-commissioned officer
or private shall think
himself injured by his captain, or other superior officer in the
regiment, extra battalion or company, to which he belongs, he
may complain to the commanding officer of the regiment, or if an
artillerist, to the brigadier-general, or commanding officer of his
brigade, who, on finding that the person complained of has violated
his law, shall summon a regimental court-martial for doing
justice according to the nature of the case. |
Privates injured
by captain may
complain to commanding
officer of
regiment. |
Art. 16th. The officer ordering the court-martial,
or his successor
in authority, in case of his death or absence, shall, where a
censure or fine shall be adjudged by such court-martial, have full
power to pardon the person adjudged to be censured or fined, or
to mitigate such censure or fine, except where such censure or fine
are adjudged as satisfaction for injuries received by one officer or
private from another. |
Officer ordering
court shall have
power to pardon
or mitigate censure
or fine. |
Art. 17th. That every general court-martial
shall be appointed
by the commander in chief; every division court-martial, by the
commanding officer of the division; every brigade court-martial by
the commanding officer of the brigade; every regimental court-martial
by the commanding officer of the regiment; every extra
battalion court-martial by the commanding officer of the extra
battalion, and every company court-martial by the commanding
officer of the company, except in the case stated in the ninth article;
and the commanding officer appointing any court-martial, shall
appoint the president thereof, who shall appoint some suitable person
or clerk to reduce in writing the proceedings of said court-martial,
and the testimony given before them. |
Courts-martial—
by whom to be appointed. |
Art. 18th. The militia on any day of exercise,
may be detained
under arms in the field, any time not exceeding six hours, provided
they are not kept above three hours under arms at any one time,
without allowing them proper time to refresh themselves. |
Militia may be detained
six hours
under arms, &c. |
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