clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Session Laws, 1798
Volume 653, Page 60   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

1798.

L A W S OF M A R Y L A N D.

C H A. P.

quarrel himfelf, or promote any quarrel among his fellow-foldiers, be fhall be difarmed, and put
under guard, by order of the commanding officer prefent, until the company is difmiffed, and
fhall be fined, at the difcretion of the company court-martial, in any fum not exceeding twenty
dollars, nor lefs than feventy-five cents.
ARTICLE 2. If the lieutenant-colonel or commanding officer of any regiment, battalion or
extra battalion, fhall neglect or refufe to give orders for affembling his regiment, battalion or ex-
tra battalion, at the times appointed by law, at the direction of the infpector of the brigade to
which he belongs, when the infpector is thereto commanded, or in cafe of an invafion of the
tate, he fhall be cafhiered, or punifhed by fine, not exceeding two hundred dollars, nor lefs than
twenty dollars, at the difcretion of a brigade court-martial; and if the commanding officer of
any company fhall, on any fuch occafion, neglect or refufe to give orders for affembling the com-
pany to which he belongs, or any part thereof, at the direction of the lieutenant-colonel or
commanding officer of the regiment, battalion or extra battalion, to which fuch company belongs,
he fhall be cafhiered, or punifhed by fine, not exceeding one hundred dollars, nor lefs than ten
dollars, at the difcretion of a regimental court-martial; and a non-commiffioned officer offending
in fuch cafe fhall be fined, at the discretion of a company court-martial, in any fum not exceed-
ing twenty dollar, nor lefs than five dollars.
ARTICLE 3. If any captain or commanding officer of a company fhall refufe or neglect to make
a lift of the perfons noticed to perform any tour of duty, and fend or convey the fame to the
lieutenant-colonel or commanding officer of the regiment or extra battalion to which fuch com-
pany may belong, for fuch neglect or refufal he fhall be cafhiered, or finded, at the difcretion
of a regimental court-martial, in any fum not exceeding one hundred dollars, nor lefs than ten
dollars.
ARTICLE 4. Every general court-martial fhall confift of thirteen members, one of whom at
leaft fhall be a general officer, and none under the grade of a field-officer.
ARTICLE 5. Every divifion court-martial fhall confift of thirteen members, two thirds of which
at leaft to be field-officers.
ARTICLE 6. Every brigade court-martial fhall confift of thirteen members, all of whom fhall
be commiffioned officers, and of fuch rank as the cafe may require.
ARTICLE 7. Every regimental court-martial fhall be computed of five commiffioned officers.
ARTICLE 8. Every company court-martial fhall confift of one fubaltern officer, one non-com-
miffioned officer, and one private, to be felected from the company by the captain or other com-
manding officer of the company; and it fhall be the duty of every captain or other commanding
officer of a company to appoint, at each meeting of the company, a company court-martial, to
try the delinquencies of fuch meeting, the court-martial to affemble and try fuch de
at the fucceeding meeting, of the company, and the commiffioned officer fhall be the prefident of

fuch court-martial.
ARTICLE 9. In any court-martial not lefs than two thirds of the members muft agree in every

fentence for inflicting any penalty, otherwife the perfon charged fhall be acquitted.
ARTICLE 10. The prefident of each and every court-martial fhall require all witneffes,
der to the trial of offenders, to declare on oath, or affirmation, as the cafe may be, that the
evidence they fhall give is the truth, the whole truth, and nothing but the truth, and the mem-
bers of all fuch courts fhall take an oath, or affirmation, which the prefident is required to
adminifter to them, as follows: " You and each of you do fwear (or affirm, as the cafe may be,)
" that you will well and truly try, and impartially determine, all caufes to be tried by this court
"according to the rules for regulating and governing the militia of the State of Maryland, fo
" help you God ;" and the prefident fhall take the fame oath, to be adminiftered by any member

of the court-martial.
ARTICLE 11. All perfons called as witneffes in any cafe before a court-martial, who fhall
refufe to attend and give evidence, fhall be fined, at the difcretion of the faid court, not exceed-
ing twenty dollars, nor lefs than feventy-five cents.
ARTICLE 12. No officer, being charged with tranfgreffing any of thefe rules, fhall be fuffered
to do duty in the regiment, company or troop, to which he belongs, until he has had his trial by
a court-martial, and every perfon fo charged fhall be tried as foon as a court-martial can conven-
niently be affembled.
ARTICLE 13. If any officer or private fhall think himfelf injured by his lieutenant-colonel, or
the commanding officer of the regiment or extra battalion, and fhall, upon due application made
to him, be refilled redrefs, he may complain to the brigadier-general, who may, in his difcre-
tion, direct the infpector of the brigade to fummon a brigade court-martial, that juftice may be
done.
ARTICLE 14. If any non-commiffioned officer or private fhall think himfelf injured by his
captain, or other fuperior officer in the regiment, troop or company, to which he belongs, he
may complain to the commanding officer of the regiment, who fhall, at his difcretion, fummon a
regimental court-martial for doing juftice according to the nature of the cafe.
ARTICLE 15. The officer ordering the court-martial, or in his abfence the next to him in rank,
fhall have full power of pardoning or mitigating any cenfures or penalties ordered to be inflicted
on any officer, non-commiffioned officer or private, for the breach of any of thefe articles, by
fuch court-martial, excepting only where fuch cenfures or penalties are directed as fatisfaction
for injuries received by one officer from another, fuch fentence to be approved by the commander
in chief, who is empowered to pardon or mitigate fuch fentence, or difapprove of the fame in

cafe of cafhiering only.

ARTICLE 16. The militia on the days of exercife may be detained under arms on duty in the
field any time not exceeding fix hours, provided they are not kept above three hours under arms
at any one time without allowing them proper time to refrefh themselves, &c.

ARTICLE 17. All fines incurred by field officers in confenquence of any breach of thefe articles,
fhall be paid into the hands of the infpectors of brigades, for the ufe of said brigades, under the
direction of the brigadier thereof, and all fines incurred by platoon officers, non-commiffioned
officers and privates, on consequence of any breach of thefe articles, fhall be paid into the hands
of the lieutenant-colonel, or to fuch perfons as the faid infpector or lieutenant-colonel fhall re-



 
clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1798
Volume 653, Page 60   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 11, 2023
Maryland State Archives